Dallas Family Law Blog

Divorces often unleash torrents of intense anger. Most divorcing parents in Texas attempt to shield their children from this tide of emotion, but occasionally one parent will accuse the other of being "unfit" to care for the couple's children. What is the exact legal meaning of an "unfit parent"? Is it relevant in a child custody dispute?

The term "unfit parent" usually calls forth an image of a physically abusive parent or one who is addicted to drugs or alcohol. In Texas, an unfit parent is generally a person who cannot or will not provide the child with emotional guidance or attend to the child's basic needs for food, clothing, shelter and medical care. If the parent's negligent conduct is deemed to constitute the crime of child neglect, the parent may be subject to incarceration and a possible fine. Even if no criminal charges have been made, a court may terminate the parental rights of the unfit parent. If both parents are unfit, the child may be looked after by a public agency until the child is adopted.

Houston parents commonly use advanced medical techniques to conceive children. The most common technique is in vitro fertilization, or IVF, in which the father's semen is implanted in the mother's vagina during ovulation. Many couples have been able to conceive children using this technique and have been happy with the outcome, but unhappy results also occur. A married but separated couple in Lakeway, Texas is disputing the man's right to assert the rights of a father over a young child conceived using IVF.

The couple married in 2004 and separated in 2012. Before the separation, the couple conceived a daughter using IVF techniques. The girl is now seven years old. The wife filed a petition for divorce in 2013 but never followed up, and the couple is still legally married. After the separation, she began another IVF procedure using an anonymous sperm donor. She subsequently gave birth to a boy in 2015. In 2016, the woman's spouse filed court documents denying that he is the boy's father. The situation might have settled but for the existence of a Texas statute regarding presumed fatherhood.

Whether you'll be a custodial or non-custodial parent, if you're navigating divorce as they 2019 holiday season unfolds, you might be feeling a bit anxious and concerned about your children. Like all good parents, you want them to enjoy this special time of year; however, you also want to make sure you protect your parental rights and ensure your ex fully adheres to the terms of the court order the judge overseeing your case will issue when he or she finalizes your divorce.

If you haven't yet written the terms of your co-parenting plan, you'll want to consider incorporating detailed instructions regarding the holidays, such as where your kids will spend each special holiday throughout the year, whether you and your ex will both be present for any special occasion, school event, etc., or whether you will trade off from one holiday to the next or one year to the next. Getting it all in writing can help avoid legal complications down the line.

One of the most difficult issues in almost every divorce in Texas is "dividing" the house. How can this be done?

Most divorcing couples resolve this issue by either selling the house to a third party and splitting the net proceeds, or having one spouse purchase the interest of the other spouse and remain in the house.