The Difference
Family Law & Divorce
Frequently Asked Questions
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What is the difference between joint custody and sole custody?In Texas, joint managing conservatorship is the default position of the courts. Usually, it is in the best interest of the child to have both parents equally involved in their lives. Joint managing conservatorship means both parents will have joint rights and duties as it relates to the children although some rights may be given exclusively to one parent (education and medical for example). Sole custody means that only one parent will get the exclusive right to make most decisions for the children but the other parent will still have visitation rights. In order to get sole managing conservatorship, a party must demonstrate that it will not be in the best interest of the child to have joint custody. Usually, this involves showing the court that there has been some abuse or neglect by a parent.
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What factors does the court look at when awarding custody?The paramount consideration for the court is always the best interest of the child, but this can be a nebulous concept. Courts will look at a multitude of factors: the age of the child, the relationship the child has with each parent, the ability of the parents to cooperate, the existence of any abuse or neglect, and even the child’s preference. There is no limit as to what the court can consider when it comes to determining custody.
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What factors does the court look at in determining the division of assets?Not necessarily. The property will be divided in a way that is fair and equitable, which does not necessarily mean a 50/50 split. All the factors mentioned above are considered to determine how the property will be divided. Usually, courts will divide property in a way that is close to the 50/50 mark, but often one spouse will receive slightly more. Splits of 45-55 are very common, while it would be highly unusual for a court to divide an estate in a more lopsided way, such as 30-70.
The Dieye Firm Difference
We take the time to listen to you to fully understand your particular Divorce or Family Law case. Then, we work together to craft and execute on a unique solution tailored to meet your desired outcome.