How do you know if your Texas case is a family law case that will be handled in a family court? Many people do not know the difference between a family case and say, a probate case for instance. It can get confusing to know what type of case is handled in a Texas family court due to the similarities some cases can have. Here is a list of Texas family law cases that are handled in a family court.
Any divorces that require dissolution of marriage whether it was intended or not intended and require an annulment. A dissolution of marriage may require property division and a parenting plan.
Domestic violence or restraining orders that stemmed from a matter such as a divorce or a child custody case can be handled in family court with the divorce case or child custody case. Other restraining orders may require legal action not handled in a family court.
Cases involving the rights to a child, guardianship, or visitations from parents, grandparents, or family members are handled in family court in the best interest of the child. Per Texas law, such as the Holley vs. Adam case, a family court judge will always consider the parties’ time with the child to be in their best interest. Terminating legal parental responsibilities can also be deemed appropriate.
Determination of child support from non-custodial to custodial parent usually takes place after a dissolution of marriage or if parties were not married, after acknowledgment of paternity. In some cases, parenting time must be considered in the child support court order as well.
Although spousal support is not mandatory, it may be considered after a dissolution of marriage. Certain factors determine whether spousal support would be in question.
Cases involving “Dependency & Neglect” of a child, investigation of at-risk children, and cases filed by the Department of Human Services or Child Protection Services against a family member or parent.
An individual who is not inherently related to a child but desires to establish a legal parent-child relationship can request an adoption in a family court. Local adoption cases that involve children placed in foster care, guardianship, adult adoption, stepparent adoption, same-sex partner adoption all fall under family court.
Establish paternity to determine who the father of the child is, most commonly used for a child support case or a parental rights case
A parenting time or support order can be modified if significant changes have occurred within a reasonable period of time. Some circumstances may require an emergency order or a temporary order.
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