Texas Family Law 101
The Texas Family Code is the source of law that predominately governs the legal aspect of family issues. The Texas Family Code provides assistance and guidelines that are to be followed when resolving legal matters. The Marital Property Act passed through the Texas Legislature in 1967 and eventually became the substantive and structural basis for the current Texas Family Code. Prior to the Act of 1967, family issues were resolved with laws more akin to homestead rights and real property. Presently, the Texas Family Code provides codified directions directly related to legal issues arising within the family unit.
The Texas Family Code addresses the following variety of matters:
Marriage – The code establishes how a marriage is formed and dissolved. It covers premarital and marital property agreements, rules for determining separate property and community property, as well as homestead rights that are unique to Texas.
Marital Property – Property that is acquired before or after a marriage comes with rights and liabilities. The code governs the management, control, and disposition of property during and after a marriage.
Divorce – Regardless of how and where you were married, in state of Texas a divorce must obtained through the judicial process. The Texas Family Code sets out grounds to file for a divorce or annulment, where to file suit, obtaining temporary orders, and having final orders rendered.
Protective Orders and Family Violence – An entire section of the code is dedicated to protecting the family unit from family violence. The heart of protective orders is to protect people and property. The section sets out the requirements and application process to obtain a protective order. If a case needs more direct attention, the code provides for Temporary Ex Parte Orders that can be granted almost immediately. Police have duties established by the Texas Family Code and are also involved in the protective order process.
Suit Affecting the Parent-Child Relationship (SAPCR) – A SAPCR is the legal vehicle in settling child custody issues, child support amount, and the delegation of parental rights and duties. Only certain people are eligible to file a SAPCR. The code sets out the requirements for the original petition and its contents. Eventually the court will make a ruling and issue final orders relating to the parent-child relationship. The final orders are enforceable by law and result in contempt charges if found in violation.
Enforcement and Modification – Previous final orders may be enforced or modified depending on the circumstances surrounding the orders. Conservatorship, possession, and access, or determining the child’s residence can all be modified or enforced if the situation presents itself. The Texas Family Code states the grounds and procedures to modify final orders rendered from a court or by agreement.
Adjudication and Termination of Parental Rights – In Texas, the court has the authority adjudicate parentage and terminate parental rights. Adjudicating parentage can involve genetic testing, registering the paternity registry, reproduction rights, and gestational agreements. Termination of parental rights completely cuts of the rights and duties of the parent. Termination can be initiated in several ways which include voluntary and involuntary termination proceedings.