Articles Posted in Parental Rights

You have been divorced for a few years and your child comes home after a visit with their dad and reports “daddy has a new girlfriend.”  You start asking questions like the person’s name, what they look like, what they did, etc.  You find out the new girlfriend spent the entire visitation weekend there, including overnights.  You contact your ex to find out who this person is and if there is anything you should be concerned about.  However, your ex refuses to tell you and instead tells you to stay out of their life and that it is none of your business.

Whether or not you can modify your final orders to keep away the new paramour will depend upon a few factors.  For starters, a modification carries a burden of “material and significant change” in circumstances, the parties or child AND the modification must be in the best interest of the child.  In most cases, the judge will not keep the new paramour away from your child because they are not viewed as a danger to your child.  The key is going to be exactly why you are concerned with the new paramour.  If your case is one in which the new paramour absolutely should not be around your child then you will want a stay away order.  For instance, if the new paramour is a registered sex offender, introduced your ex to controlled substances, has an extensive criminal history some of which involves crimes against a child, or your child does not want to be around this person because they make them uncomfortable (there will need to be elaboration on this) or anything of that nature then you would want to consult with an attorney and seek a modification.

The important thing to know is that this paramour is not a party to your suit—therefore, in not being a party, they cannot be ordered to do anything and if they are it will not be enforceable.  Rather, if you are going to get orders having the paramour not be present, it is important to request an injunction from your ex allowing this person to be present or near your child.

You are a father who wants to be a good dad and support his child without breaking the bank and not being able to support yourself.  You do need financial resources in order to do this and you will probably pay guideline support. Our firm can help you.

How Much Will I Pay in Child Support?

          Some fathers fall into the trap of paying above-guideline child support.  That is, they agree to pay more than they are required either in amount of child support or they pay support and in addition to that pay for extracurricular, daycare, etc.  Texas Family Code 154.125 provides the chart on child support guidelines and it is as follows:

New 2013 Texas Family Laws

 At Guest and Gray our Forney and Rockwall Family team works to keep our clients informed on changes in the Family Code. Recently, the legislature passed many new laws that affects Texas families. Our family attorney can help you understand how these laws will affect your case, and we offer confidential consultation for all family law cases. Call us today so we can help you.

Miscellaneous Changes

The involuntary termination of parental rights implicates fundamental constitutional rights. Holick v. Smith, 685 S.W.2d 18, 20 (Tex. 1985). To terminate parental rights, the trier of fact must find, by clear and convincing evidence, that the parent has committed one of the acts prohibited under section 161.001(1) of the Texas Family Code and that termination of parental rights is in the child’s best

interest. TEX. FAM.CODE ANN. § 161.001(1), (2) (West Supp. 2012); In re E.N.C., 384 S.W.3d

796, 803 (Tex. 2012).

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