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Texas Child Custody and Visitation: What You Need to Know

Navigating child custody and visitation in Texas can be a complex and emotionally charged process, particularly during times of divorce or separation. In Texas, the legal terms for child custody and visitation are “conservatorship” and “possession and access,” respectively. The guiding principle in these matters is always the best interests of the child. Texas courts evaluate various factors, such as the child’s unique needs, the level of parental involvement, and each parent's capability to care for and support the child. Generally, Texas encourages joint conservatorship, which allows both parents to remain actively involved in their child's life unless there are specific concerns that warrant otherwise. Types of Conservatorship in Texas Texas recognizes two primary forms of conservatorship: Joint Managing Conservatorship (JMC): In this arrangement, both parents share decision-making responsibilities regarding their child's upbringing. While one parent may serve as the pri...
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Property Division in Dallas Divorces: Differentiating Marital and Separate Assets

Dividing property in a Texas divorce can be a complex process. The state follows community property laws, meaning most assets acquired during the marriage are considered marital property and are subject to division. However, certain assets may be deemed separate property, belonging solely to one spouse, such as those acquired before the marriage, inheritances, or gifts. Marital Property Marital property includes earnings, real estate, and investments acquired during the marriage. This property is divided equitably between spouses, but not necessarily equally, depending on various factors like the length of the marriage and each spouse’s contribution. Separate Property Separate property is anything owned before the marriage or received as a gift or inheritance by one spouse alone. This property is not subject to division and remains with the spouse who owns it. However, it is crucial to have clear documentation to prove the separate nature of these assets. Commingling and Tracing In som...
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