The law views men and women equally as far as family law matters are concerned. That means both men and women have the same rights when going through a divorce. But hiring an experienced divorce lawyer can help your case significantly.
You don’t have to stay in an unhappy marriage because you are concerned about the future of your children. Some people are concerned that after divorcing their wives they will be left having to deal with some kind of hardship. Getting an experienced lawyer who understands your unique circumstances and needs can be of great help during divorce.
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Child Custody In Divorce
What Will I Lose If I Divorce My Wife?
If your main concern is the well-being of your children, the law provides guidelines that ensure that the best interests of the children are protected. This includes guidelines for child support, child visitation schedules, child healthcare, and more. These guidelines help you calculate what amount has to be paid for child support and determine what days are appropriate for visitation and so on.
The divorce court only considers the best interests of the child when deciding child support and child custody cases. In Texas, custody involves conservatorship and possession.
What Is Conservatorship And Possession?
What Happens If A Husband Divorces His Wife?
Both parent’s rights and duties including the right to make decisions on behalf of the child and deciding matters to do with education and medical care, are covered under conservatorship. The court can award both parents joint conservatorship, which means they both have the right to make decisions for the child. But in some circumstances, the court grants one parent sole conservatorship, which means only that parent has the right to make all decisions concerning the child.
Both parents have possession rights for the child, which means they both have the right to have physical custody of the child or to visit the child. The only time this is not the case if when a parent poses a risk to the child’s wellbeing. The law allows both parents to reach an agreement on splitting parenting time so that the child spends adequate time with both parents during different days of the week and during holidays.
When the parents cannot reach an agreement the court will step in and make that decision for them. Any settlement the parents reach that involves their child has to be approved by the court. If one parent alleges that the other parent is a risk to their child’s wellbeing, the accusing parent will be expected to prove this in court.
Divorce Cases Involving Children
At What Point Do I Divorce My Wife?
For divorcing parties that do not have children, the court only considers the needs of each spouse before making a decision. But when children are involved, the child’s best interest takes center stage. That means that the court considers the child’s well-being when making decisions on a number of issues in the divorce.
For the sake of the best interests of the child, the court considers the following factors
- The physical and mental health of the parents
- Any history of abuse or addiction behavior from any of the parents
- The ability of the parents to support the child financially
- The access the child has to extended family, community, and school