Legal Question in Family Law in Texas
Joint legal and physical custody. Texas
My wife and I are considering divorce. Although I do not want this, her cheating has lead me to realize that we need to do something in the interest of the children before I let it affect them.My wife and I have agreed to joint physical custody and joint legal custody of our two children 4 and 2 years old. All of our assets have allready been agreed upon.Its not going to be a contested divorce and we want to file the correct paper work with the courts, to include what we have decided is best for our children. She does not want child support, but I am willing to give it. But if I pay child support does that relinquish my 50/50 legal custody rights? I am having trouble finding someone to help us make this happen. Everyone tells us that we have to pick a custodial parent and one or the other has to pay full child support. Why when we agree and know what is best for our children and each other can we not find someone to help us put it on paper legally? A 50/50 legally and physically is the only way we will go, is this possible. I make a higher income and am keeping our house because she cannot afford it, nor wants it. If she needs child support, I am all for it, even with 50/50 legal and physical custody. Please help me. BC
2 Answers from Attorneys
Re: Joint legal and physical custody. Texas
As with many couples who want to handle their own divorces, you and your wife don't really understand the terms you are using or the long term implications of what you are trying to do. While equally sharing the rights and duties should not be a problem, in many Courts possession orders that demand equal time for each parent are.
You really need to find a good family law attorney (someone whose practice is focused on family law) and sit down and explain what you want. He or she can give you the benefit of his or her education, experience and knowledge of the system in working out a viable order. In the long run, you will find it is money well spent.
Re: Joint legal and physical custody. Texas
I sell Texas Do It Yourself divorce kits for people that are not fighting.
However, I agree with Pat Bushman. I don't think the 2 of you understand Texas law.
My kits were designed for Harris County. I suspect that you do not live in Harris County. Therefore, I will not have any county forms that your county requires. I do have the form that the State of Texas requires.
Email if you want to talk further.
Good luck!
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