While Texas family laws favor joint child custody to encourage both parents to remain part of a child's life, one parent has the right to file a claim for sole custody of a child. Many factors related to the care of the child, the existing living conditions and the parent's ability to take proper care of the child will be considered in a child custody application. However, there are some basic requirements to be noted prior to filing such a claim.
Texas parents have a responsibility to take proper care of their children. Because child support is typically addressed in court during divorce proceedings, parents who never married may be unsure of their rights relating to child support. As marriage is not a prerequisite for child support, parental responsibilities can be determined by the court regardless of a child's parents' marital status.
In the busy lifestyles of many Texas parents, extended family -- such as grandparents, uncles and aunts -- play an important part in the lives of their children. Strong bonds are often formed between children and extended family members. While the fundamental legal presumption is that a parent should have child custody and not family members, it is not uncommon for an extended family member to disagree. In certain instances, a family member will take legal action to obtain conservatorship or visitation rights to a child.
Spouses in Texas marriages that are heading for a divorce may be concerned about getting their fair share of their assets. This is especially true when the value of the assets is substantial. The process of property division in a high-asset divorce could prove to be complicated and you may need the expertise of an experienced attorney to protect your rights.