Whenever you feel as though your life or your children’s life is in danger from a current spouse or former romantic partner, a protective order can help. Survivors of sexual assault or stalking can also benefit from filing a restraining order against the perpetrator. If you need help with filing for a protective order, seek the counsel of a trained and experienced family law attorney.

What Is An Order of Protection?

A legal court order prohibiting a person from interacting with the petitioner in specified activities. The person who files for the order is known as the plaintiff, whereas the prohibited individual is referred to as the defendant.

What Types of Protective Orders Are Available in Texas?

Texas has three types of protective orders for family violence:

Paternity refers to the legal father-child relationship. Life is complicated, and many people find themselves in situations in which the paternity of a child is uncertain or contested by a parent. Determining paternity and legally establishing the father-child relationship is crucial for many different reasons.

Confirming paternity provides an opportunity for a father to be involved in his child's life. Furthermore, establishing paternity is often the first step in securing child support - a crucial form of financial support for single parents. Paternity testing is frequently used to confirm whether a man is indeed a child's biological father.

When is Paternity Testing Necessary?

Paternity testing is needed when the father of a child (or potential father) is not named on the birth certificate or when there is doubt or uncertainty as to who the biological father of a child may be. Paternity testing can also help resolve disputes between unmarried parents and provide legal proof that an alleged father is, in fact, the biological parent. Paternity testing may also be used to confirm that an alleged father is not the child's biological parent.

In Texas, child custody is referred to as conservatorship. If a parent has sole managing conservatorship, he or she has sole decision-making authority over the child. This means that the parent can change the child's school, move him or her to a new residence, or make other decisions without the other parent's input.

If divorced parents have joint managing conservatorship, both parents have a right to be involved in their child's life and to make child-related decisions. Parents with joint conservatorship cannot move the child out of state without the other parent's consent. The other parent has the right to object to the move or ask for modifications, such as allowing them visitation rights in their home state.

Moving When Parents Share Custody

Parents who share custody are held to different standards than parents with sole conservatorship. If a parent with joint conservatorship wants to move, he or she will need permission from the child's other parent. If both parents agree to the move, they can submit a “Stipulation and Order” to the court and modify their parenting plan to account for the relocation. If one parent does not consent, then the parent who wishes to move can file a petition for relocation with their local family court.

Parents have certain rights and obligations under Texas law. Parents are expected to provide a safe home for their children and ensure that the children are adequately fed and taken care of, attend school, and receive medical care. Parents also have rights, including the right to make decisions about their child's upbringing and spend time with their child.

However, there are situations in which a parent's rights may be terminated, either voluntarily or involuntarily. Typically, the termination of parental rights occurs in the context of adoption.

Parents May Voluntarily Terminate Their Parental Rights to Allow an Adoption

Some parents recognize that they are not in a position to care for a child. They may be struggling with severe mental illness, substance abuse, or other personal problems that make them unable to provide a safe and stable home. For this reason, they may voluntarily consent to terminate their parental rights through the court so that the child can be adopted by someone else.

In a previous blog, we discussed the advantages of utilizing a prenuptial agreement to define property rights before getting married. Prenuptial agreements have long been the subject of skepticism, but more and more couples are recognizing the utility of such a document. Many family law attorneys are seeing an increase in the number of people requesting prenups – especially among the younger generation.

Postnuptial agreements are very similar to prenuptial agreements: They describe each spouse’s property rights and obligations in the event of divorce or the death of a spouse. However, a postnuptial agreement is signed after the couple has gotten married. Read on to learn about three situations in which a postnuptial agreement may be beneficial.

The Couple Owns Significant Assets

If either spouse in a marriage has significant wealth, a postnuptial agreement can help protect that wealth. Many people look into getting a prenuptial agreement after they experience a financial windfall. For example, a wife who inherits real estate from a deceased relative may wish to use a prenuptial agreement to classify the property as a non-marital asset. Property acquired through inheritance is generally considered non-marital property, however, countless circumstances can lead to transmutation. A postnuptial agreement ensures that the home does not become entangled with marital property and end up as part of the marital estate.