Adultery may be grounds for divorce in Texas but not considered in determining child custody per se, I am including information regarding child custody statutes as these may give you a better idea how to proceed. It is important to establish your role in their care, such as therapy. It is also important to establish custody as soon as possible so you should cosult with an attorney.
Here are some related itens:
Texas Child Custody Laws
Texas child custody is determined based upon the best interests of the child. The factors to be considered by a Texas Court in determining the terms and conditions for possession of a child by the possessory conservator (parent with visitation) are as follows:
* the age, circumstances, needs, and best interests of the child;
* the circumstances of the parents;
* evidence of any spouse or child abuse; and
* any other relevant factor.
The factors specified in the Texas statute for consideration in decisions regarding joint managing conservatorship are:
* whether the physical, psychological, or emotional needs and development of the child will benefit;
* the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interests;
* whether each parent can encourage and accept a positive relationship between the child and the other parent;
* whether both parents participated in child rearing before the filing of the suit;
* the geographical proximity of the homes of the parents;
* if the child is 14 years old or older, the preference of the child; and
* any other relevant factor.
There are standard terms for a Texas court's order on a child's conservatorship set out in the statute that are presumed to be the minimum allowable time that the parent who is not awarded the primary physical residence of the child is to have the child.
The court may not award joint managing conservatorship is there is any credible evidence of spousal or child abuse or neglect. The court will award joint managing conservatorship based on an agreement between the parents if the agreement:
* establishes the county of residence of the child;
* states the rights and duties of each parent regarding the child's present and future care, support, and education;
* includes provisions to minimize disruption of the child's schooling, daily routine and association with friends;
* was entered into voluntarily and knowingly; and
* is in the best interests of the child.
Texas Child Support Laws
Texas child support is based upon guidelines that are presumed to be reasonable and in the best interests of the child. In determining Texas child support pursuant to the guidelines, the Court will also consider the following factors:
* the age and needs of the child;
* the ability of the parents to contribute to the support of the child;
* any financial resources available for the support of the child;
* the amount of possession and access to the child;
* the net resources of the parent to pay support, including the earning potential of the parent to pay support if the actual income is that parent is significantly less than what that parent could earn, if intentionally unemployed or underemployed;
* any child care expenses necessary for the employment of either parent;
* whether a parent has custody of another child and any child support expenses being paid or received for the care of another child;
* the amount of alimony being currently paid or received;
* provisions for health care;
* any special educational or health care needs of the child;
* any benefits a parent receives from an employer;
* any debts or obligations of a parent;
* any wage or salary deductions of the parents;
* the cost of traveling to visit the child;
* any positive or negative cash flow from any assets, including a business or investments;
* any provisions for health care or insurance;
* any special or extraordinary educational, health care, or other expenses of the parents or the child; and
* any other relevant factor.
Texas Divorce Laws
Texas Divorce Residency Requirements
To file for a Texas divorce, one of the parties must have resided in Texas for 6 months prior to filing for divorce and must have resided in the county where the divorce is filed for 90 days prior to filing.
Texas Divorce Grounds
The grounds for a Texas divorce are:
* the marriage has become insupportable because of discord or conflict of personalities that has destroyed the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation;
* living separate and apart without cohabitation for 3 years;
* adultery;
* abandonment;
* confinement for incurable insanity for 3 years; and
* conviction of a felony and imprisonment for over 1 year.
