Legal Question in Family Law in Texas
I am filing an uncontested divorce with children in Texas. If both parties agree on visitation arrangements, do stipulations in the arrangements have to be included with the Final Decree for Divorce?
2 Answers from Attorneys
Yes. The Final Decree of Divorce must include -
child support, health insurance provisions, visitation & all agreements about the children that you want included about the children that you want to be enforceable in the future regarding the children.
I would strongly encourage you to hire an attorney to assist you in preparing the final paperwork.
Don't waste your time & money with an kit from the company out-of-state that is sold on t.v., radio or on the internet -- the ones I've seen are not designed for the State of Texas and don't include the necessary forms that judges want. You need an employer withholding order and a Texas BVS form along with county forms. Out of state companies don't know about these forms. Hire a TX attorney and do it right the first time!
I don't do my own dental work. When I have a dental problem I hire an dentist. When I have a plumbing problem -- I hire a plumber. When I have an automobile problem -- I hire an auto mechanic. You have a legal problem -- why not hire an attorney that know what they are doing? Remember -- you get what you pay for. Hire an expert & get it done right the first time!
Good luck!
If your question concerns whether you need to include your customized provisions in the visitation language, the answer is it depends. You should include such if you want it to become the order of the Court. However, the standard possession order allows parties to vary from the express terms if they otherwise mutually agree. Taking the mutual agreement approach is risky because it presumes that the parties will post divorce continue to agree with their customized provisions, which may or may not be the case. I am a board certified specialist in the field of family law. I would be glad to visit with you concerning this or other issues if you would contact me directly at 713-600-5500.
Bruce C. Zivley