Texas Family Law: Frequently Asked Questions

No two families are the same, which makes family law cases tremendously complex. Reuter Law Group, PC has over 30 years of combined experience helping clients in San Antonio and throughout the Bexar County area. Our clients come to us with many questions. Below are examples of common questions we receive.

I never married the other parent of my child. Can I still receive child support?

Yes. Marriage is not a requirement when it comes to child support. If paternity is established, you can move forward in requesting payment.

How is child custody determined?

If possible, it is best to reach a child custody agreement on your own. We can help you try to do this. When this can’t happen, a judge will have the final say. They will look at a number of factors, including the relationship between each parent and the child, where the child will go to school, and the ability of each party to provide for the child.

Why do I need an attorney for my family law case?

While it is possible to handle this on your own, it is a huge risk. There are many legal hoops you have to jump through, and without the right attorney at your side, you could be missing out on what you are entitled to. We will act as your strongest advocate throughout the duration of your case.

Do I need a prenuptial agreement?

Although it is not necessary, it is in your best interest. A prenuptial agreement protects both parties, should you ever separate. It is a good way to think clearly and logically, instead of down the road when you may be angry.

Can we change our custody order after the divorce is final?

Yes. Under Texas law, you may ask the court to modify a child custody order or a child support order if you or your child has had a substantial change in circumstances. The courts understand that things change for families over time, but they won’t modify the order for minor changes. You must meet the legal definition of a substantial change.

Can we still get a premarital agreement if we are already married?

Yes. Texas law allows for post-marital agreements, as well as premarital. You can still cover division of property issues in the case of death or divorce. You may cover issues such as your rights and obligations regarding your marital property, and your right to use and transfer property. There are certain rules regarding how these documents are agreed upon and signed, as well as certain terms it cannot cover For example, you cannot impact a child’s right to child support.

How is child support calculated?

Texas law provides guidelines for calculated child support. The state expects both parents to financially support their child, but often the parent with whom the child lives most of the time (custodial parent) receives payments from the noncustodial parent based on a percentage of that parent’s income and the number of children the paying parent must support.

What is the difference between physical and legal child custody?

Texas statutes actually call custody “conservatorships,” allowing for a managing conservator (legal custody) and a possessory conservator (physical custody). Legal custody gives a parent the ability to make important decisions about the child, such as their education, religious upbringing and major medical decisions. Physical custody refers to where the child lives most of the time, while only visiting the other parent.

Do You Have Other Family Law Questions?

Our San Antonio family law firm is run by women who want to see you move forward. By providing you with the answers to your questions, you can make informed decisions about your future. Call our office in Alamo Heights at 210-761-6184 or fill out our contact form today.