Legal Question in Family Law in Texas

My wife want a divorce and she wants me to keep the kids. How do i make sure she can not change her mind later on?


Asked on 2/14/14, 12:36 pm

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

You need to file for divorce and in the Final Decree you would be named the person that decides where the child lives and go to school. She would probably also be ordered to pay you child support and provide for health insurance for the children.

Many fathers have primary custody of their children. In Texas, it is presumed that you will be joint managing conservators. What you care about are the "rights and duties" of the 2 parents. You would want to the right to (2) receive child support (3) decide where the children go to school and (3) decide where the children live.

I cannot tell where you live. If it is truly totally uncontested, I would be willing to draft the paperwork for you for $2,500.

A divorce must be on file in Texas for at least 61 days before it can be finalized.

You both need to take the required 4 hour parenting class - now available on-line.

I'm sorry that you are going through this.

I am also a full-time mediator and would be willing to meet with both of you (and your attorneys if you hire them) to write up a Mediated Settlement Agreement regarding all the issues (children and property). If a divorce is on file and both of you sign a Mediated Settlement Agreement then you only need an attorney to do the Final Decree of Divorce. With minor children, the Final Decree of Divorce is tricky for non-attorneys to draft.

Please don't buy a kit from a company outside of Texas. They don't work! Texas has certain wording that needs to be used for a judge to sign the Final Decree of Divorce.

www.familylaw4u.com

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Answered on 2/14/14, 8:14 pm


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