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Out-of-State Visitation Rights

In our world of increasing mobility and economic volatility, it is not surprising that more and more families are moving across state lines. If you have an Order (e.g., a Divorce Decree, Custody Order, etc.), then you will need to review your Order carefully to understand your rights. For parents who have the exclusive right to determine the primary residence of the children, it is very likely that there is a geographic restriction on where you can live with your children.

Grounds for Divorce in Texas

While you can now get a divorce without proving fault in the break up of the marriage, it is important to know that “grounds for divorce” still exist in Texas. But, it is no longer necessary to prove who was at fault for the break-up of the marriage in order to get a divorce. The purpose of this article is to review the “grounds” for divorce in Texas, and the strategic reasons why a party may or may not want to allege grounds. 

The Painful Reality: Adultery and Divorce in Texas

Adultery can impact child custody in divorce. While courts generally won’t penalize a parent for infidelity, it may affect the parent-child relationship, influencing custody arrangements. Seek legal advice before discussing the affair with your children. Focus on their well-being, avoiding blame. Inappropriate discussions may face court reprimand. Prioritize communication with sensitivity and discretion.

Texas Child Custody Evaluations

Not every case involving children requires a child custody evaluation, as most parents are able to agree between themselves what is best for their children. But there are situations where having the opinion of a neutral expert trained and qualified to conduct child custody evaluations can be incredibly helpful, as the evaluator has the opportunity to do a deep dive into the child’s relationship with the caregivers, the home environment, the child’s preferences, special needs of the child, mental health of the parties and/or child, and the ability of the parents to provide for this specific child’s needs.