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Family Law Attorney - Rex Dwyer
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If you are granted primary custody of your minor children, the other parent of the children will typically have to pay child support. If both parents share custody, whether one parent pays child support is dependent upon your agreements and your judge.

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A visitation/possession order is part of a decree of divorce where minor children are involved. If the parents were never married, but a SAPCR (suit affecting parent-child relationship) was filed, a visitation/possession order is included. Click below to Learn More on this

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It is not uncommon in a family court for one party to file for temporary restraining order. This is used when #familyviolence has occurred. Under those circumstances, the court can enter a temporary restraining order without notice to the other spouse.

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A temporary order controls the parties’ actions and the discovery process from the date of filing of the divorce or suit affecting the parent-child relationship and the entry of a final order. Click below to read more

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#FamilyLaw - How Long Does It Take To Draft A Premarital Agreement?

Expect the process of drafting a premarital agreement to take 2 to 3 weeks. However, if you’ve already done your research and know exactly what issues you want addressed in a premarital agreement and you’ve already drafted the assets and debts itemized lists for each prospective spouse, then you can shorten that length of time.

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#FamilyLaw - What Are The Components That Make Up A Valid Premarital Agreement?

Texas Family Code Section 4.001 defines premarital agreement as follows: ” ‘premarital agreement’ means an agreement between prospective spouses made in contemplation of marriage and to be effective on marriage”. For more information on Components Of Premarital Agreements, a free initial consultation is your next best step.

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#FamilyLaw - What’s The Difference Between A Custody Evaluator And A Guardian Ad Litem?

In a divorce involving children or a suit affecting parent child relationship (SAPCR), when the child’s best interest is an issue, the court may appoint an amicus attorney, an attorney ad litem, or guardian ad litem. A “guardian ad litem” means a person appointed to represent the best interest of a child.

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#FamilyLaw - If I Have Custody, Will I Automatically Receive Child Support?

Most Texas courts will not sign an order regarding a child unless child support for some amount is provided. If possession is split 50% each a court may sign an order that does not contain a child support provision. It is within the discretion of the judge and what is in the best interest of the child.

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#FamilyLaw - #ChildCustody - When Can A Child Decide Who He Or She Will Live With?

Texas courts do not let children decide with which parent they will live. If the case is a nonjury matter, if proper application is made, the court shall interview in chambers a child 12 years of age or older to determine the child’s wishes as to conservatorship or as to the person who shall have exclusive right to determine the child’s primary residence.

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#FamilyLaw - When Can A Custodial Parent Move Outside The Residency Restriction Area?

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