by Mokolo LawSame-Sex Divorce in Texas
Divorce can be an emotionally and financially stressful process for any couple. However, same-sex couples face specific legal issues that differ from those faced by heterosexual couples. While same-sex couples can now enjoy marriage equality, divorce equality is still catching up. From splitting assets to child custody rights, the details of divorce that are often clear in a heterosexual marriage can be more complex for same-sex couples.
Texas has a history of banning and restricting these unions, which can create additional challenges for same-sex couples seeking divorce. If you’re in a same-sex relationship and considering divorce, it’s important to understand the legal issues involved and to hire an experienced lawyer to guide you through the process. In this blog, we’ll examine the laws and procedures related to same-sex divorce in Texas, and explore ways to navigate the process more easily.
Same-sex marriage wasn’t legal until 2015, when the U.S. Supreme Court issued a landmark ruling in Obergefell v. Hodges. That decision made same-sex marriage legal across the entire country, including in Texas.
Before 2015, same-sex couples in Texas couldn’t legally marry or divorce. Many had to travel to other states just to end their relationships legally. This made things complicated and confusing, especially for couples trying to understand how to get divorced.
@legallyuzo If you’re looking for the lawyer who will actually fight for your rights—you just found them. Let’s get to work. ⚖️💼 #LawyerUp #KnowYourRights #LegalSupport ♬ original sound – Legallyuzo
Legal Rights and Challenges of Same-Sex Divorce in Texas
1. Marriage Status
One of the first legal hurdles for same-sex couples divorcing in Texas is determining the legal status of their relationship. While same-sex marriage is now legal across the U.S., some couples may have been married in a jurisdiction where it wasn’t recognized at the time, or they may have entered into a domestic partnership or civil union. In such cases, they may need to take additional legal steps to confirm that their relationship qualifies as a legal marriage under Texas law. A lawyer can assist with this process and ensure everything is handled appropriately.
2. Property Division
Another legal issue same-sex couples may encounter during divorce is property division. In Texas, property division is governed by community property law, which generally splits marital property based on what was earned or acquired during the marriage. However, many same-sex couples lived together in long-term relationships before they could legally marry. Texas law does not automatically count those years as part of the legal marriage for property division purposes.
If a couple acquired property before their legal marriage—even jointly—the court may treat it as separate property unless there is a legal agreement (such as a partnership or cohabitation agreement) or clear evidence of joint ownership.
3. Child Custody and Support
Child custody can be particularly complex in same-sex divorces. Texas law does not distinguish between same-sex and opposite-sex parents when deciding custody and support; what matters is the best interest of the child. A couple might have adopted a child, used a surrogate or sperm donor, or one partner may have brought a child into the relationship from a previous marriage. If both partners are not legally recognized as the child’s parents—such as when only one party legally adopted the child—custody matters can become complicated.
An attorney can help protect the parental rights of both parties and ensure decisions are made based on the child’s best interest.
4. Spousal Support (Maintenance)
Spousal maintenance in Texas is limited and granted only under specific circumstances:
- The marriage must have lasted at least 10 years, or
- The paying spouse was convicted of family violence within two years of filing, or
- The requesting spouse is disabled or caring for a disabled child, making them unable to earn sufficient income.
Although same-sex couples have equal rights to request maintenance, challenges may arise when there is disagreement about when the “real” relationship began compared to when the marriage was legally recognized.
5. Right to File for Divorce in Texas
Same-sex couples are fully entitled to file for divorce in Texas. However, they must meet the residency requirements. At least one spouse must have lived in Texas for six months and in the county where the divorce is filed for at least 90 days. This can present a hurdle for couples who have recently relocated to Texas and do not yet meet these requirements.
Even if the marriage took place in another state or country, Texas recognizes same-sex marriages legally performed elsewhere, and Texas courts have jurisdiction as long as residency conditions are met.
6. Protective Orders and Enforcement
All divorcing individuals—regardless of gender or sexual orientation—have the right to seek protective orders in cases of domestic violence, harassment, or threats. They also have the right to request enforcement of court orders regarding child support, custody, or property division when the other party fails to comply.
Texas courts can impose fines, wage garnishment, or even jail time for violations of court orders.
7. Discrimination
Same-sex couples may still face discrimination or bias during the divorce process, whether from the legal system or from their ex-partners. Although the legalization of same-sex marriage has advanced LGBTQ+ rights, prejudice and stereotypes can still influence legal proceedings. A knowledgeable attorney can help ensure your rights are protected and that discrimination does not affect the outcome of your case.
Process for Obtaining a Same-Sex Divorce in Texas
The process for obtaining a same-sex divorce in Texas is essentially the same as for opposite-sex couples. One spouse must begin by filing a petition for divorce with the appropriate court, and the other spouse must be formally served with a copy of this petition.
After the petition is filed, the couple must resolve several key issues: division of property, child custody and visitation (if applicable), and spousal support. These issues may be resolved through negotiation, often with the assistance of attorneys or mediators. If an agreement cannot be reached, the case may proceed to trial.
If the case goes to trial, a judge will make decisions on any unresolved matters. Trials can be both time-consuming and costly, so it is generally in the best interest of the couple to resolve as many matters as possible outside of court.
Once all issues are resolved—either through agreement or by court order—the court will issue a final divorce decree, officially ending the marriage.
Tips for Navigating the Same-Sex Divorce Process in Texas
If you’re considering a same-sex divorce in Texas, here are some important tips:
- Prepare for Potential Challenges
Same-sex divorces may involve unique legal or logistical hurdles, especially for couples married in other states or with complex financial arrangements. Be proactive and work closely with your attorney and any necessary experts. - Seek Legal Counsel
Hire a divorce attorney experienced in same-sex divorce cases in Texas. A knowledgeable attorney can provide crucial legal advice, represent your interests, and help ensure that your rights are upheld. - Consider Mediation
Mediation is often a less adversarial and more cost-effective way to resolve disputes involving property, child custody, or support. It can help reduce both emotional stress and legal expenses. - Take Care of Your Well-Being
Divorce can be emotionally draining. Prioritize your mental and emotional health. Lean on friends, family, or professional counseling, and give yourself space to heal and move forward.
Final Thoughts
Same-sex divorce is a complex legal process that benefits from the guidance of an experienced attorney. Issues such as establishing the legal status of the marriage, property division, child custody, and potential discrimination require a deep understanding of both the law and each couple’s individual circumstances. Attempting to navigate these challenges without legal help can lead to serious emotional and financial consequences. An attorney experienced in same-sex divorce can help protect your rights and ensure you are positioned to start the next chapter of your life with confidence.
Contact Us
If you’re in need of Texas-based divorce mediation or a same-sex divorce attorney, Mokolo Law Firm PLLC is a trusted Houston divorce law firm with the experience to achieve the results you and your family deserve.
by Mokolo LawHow Is Child Custody Decided In Texas?
Child custody is one of the most important and challenging processes that parents face during a divorce. Children are often the most valuable shared responsibility for which a divorced couple must make arrangements. There are several types of child custody agreements that a couple may choose from, or that a court may determine to be in the best interest of the child. While joint custody is a common form of split custody, there is often one parent who holds primary physical custody, even though both parents share legal custody. In other situations, the court may find it more appropriate to grant one parent sole custody of the child.
Under Texas law, courts are required to make child custody decisions based on what serves the best interest of the child. Judges encourage parents to first attempt to reach an agreement through mediation. If the parents are unable to resolve matters on their own, a family court judge will intervene.
Factors That Influence Child Custody in Texas
The court considers multiple factors to determine the best environment for a child’s growth and well-being. Some of the key elements that influence the court’s decision include:
- The specific needs of the child
- The parent–child relationship prior to the separation
- Records of domestic violence or other criminal behavior
- The stability of each parent’s home environment
- The quality and continuity of the child’s education
- Each parent’s employment status
The court may also take into account the child’s personal preferences, depending on the circumstances. Using these factors, the judge will determine the most suitable custody arrangement for the child.
Types of Custody in Texas
Texas recognizes three primary types of conservatorship:
Joint Conservatorship
In a joint conservatorship, both parents share custody. This does not necessarily mean the child will spend equal time with both parents. Rather, it means both parents have the right to participate in decisions regarding the child’s moral and religious upbringing, medical care, and other key aspects of their welfare. They also share duties in providing for and protecting the child.
Sole Conservatorship
Sole conservatorship is the Texas equivalent of sole legal custody. In this arrangement, one parent is given the primary right to raise the child and make key decisions regarding their care.
Possessory Conservatorship
A possessory conservator is a parent who has visitation rights. While they can spend time with the child, they do not hold the same decision-making authority as the custodial parent.
Court orders often define parental rights on a case-by-case basis. For instance, even within a joint managing conservatorship, the court may give one parent the exclusive right to determine the child’s primary residence. Ultimately, the court’s objective is to ensure that the custody arrangement serves the child’s best interests.
Rights of a Parent Without Legal Custody in Texas
In accordance with Texas law, a possessory conservator may still retain many rights similar to those of a managing conservator. The specific rights and responsibilities are outlined in the court’s custody order. A lack of decision-making rights does not exempt a parent from responsibilities. For example, even if a possessory conservator has limited authority over the child’s upbringing or medical decisions, they may still be required to pay child support.
Final Thoughts On How Is Child Custody Decided In Texas?
Texas courts typically presume that shared custody is in the child’s best interests. However, this does not mean that all duties must be divided equally. Parents are expected to create a parenting plan that addresses their child’s needs.
Contact a Texas Child Custody Attorney
Working with an experienced Texas lawyer is crucial when dealing with child custody matters. A child custody attorney can assist in negotiating custody arrangements or recommend mediation if discussions break down. At Mokolo Law Firm, we are here to help if you have further questions or need legal support with a child custody case.
by Mokolo LawWhat is VAWA And Who Qualifies in Texas?
The fear of losing legal immigration status and deportation can make some immigrants vulnerable. They remain in abusive relationships just to stay in the U.S., and this can become a powerful tool for abusers to control them. Fortunately, U.S. immigration law recognizes this vulnerability and provides a path to safety and independence through the Violence Against Women Act (VAWA), which has been renewed multiple times since its enactment.
In this blog post, we’ll provide insight into what VAWA is, who qualifies, and how the self-petition process works. This will empower immigrant survivors of domestic violence—who often face immeasurable emotional, physical, and legal challenges—with the knowledge they need to reclaim their freedom and future.
What is VAWA And Who Qualifies in Texas?
What is VAWA?
VAWA stands for the Violence Against Women Act, a U.S. federal law enacted in 1994. It provides vital protections for non-citizens who have suffered abuse by U.S. citizens or lawful permanent residents. One of the most important aspects of this law is the VAWA self-petition, which allows eligible individuals to apply with USCIS for immigration relief without the knowledge, consent, or cooperation of their abuser. VAWA applies to women, men, and children.
Who Qualifies?
Several requirements must be met and proven for an individual to be eligible to apply for VAWA. Eligible persons include:
- Spouses and former spouses (divorced within the last two years) of abusive U.S. citizens or lawful permanent residents.
- Children of abusive U.S. citizens or lawful permanent residents who file before turning 21 (or 25, if the delay is related to the abuse).
- Parents of U.S. citizens aged 21 and over.
- Parents of abused children of a U.S. citizen or lawful permanent resident.
Benefits of VAWA
After receiving a Prima Facie Approval letter, an individual may be entitled to public assistance, including:
- Medicare or Medicaid
- Public Housing
- Food Stamps
- Substance Abuse and Mental Health Services
- Temporary Assistance for Needy Families
- Protection from deportation
- Authorization to work lawfully
- Eligibility to apply for a green card
- Ability to include certain family members in the VAWA petition
Process of Filing for VAWA
You must complete and file Form I-360 (VAWA). You may choose a one-step process by filing the I-360 with the Form I-485 bundle simultaneously. If your abusive spouse is a green card holder, you may need to wait until your priority date becomes current before filing Form I-485.
Step 1: Submission of Your VAWA Application
The first step is submitting all required documents, including:
- Form I-360
- Your attorney’s G-28 form (if applicable)
- Your personal statement
- Evidence of extreme cruelty or battery
- Proof of the bona fides of your marriage (if applicable)
Ensure all required evidence and passport photos are included. There is no filing fee for VAWA applications.
Step 2: Receipt Notice from USCIS
After submitting your application, you will receive a receipt notice within two to six weeks. This confirms that USCIS has received your application. The receipt number can be used to track your case status online.
Step 3: Prima Facie Determination
Within four to six months, you will receive a prima facie determination notice. “Prima facie” means “at first glance.” This notice indicates your case appears to meet the basic eligibility requirements for VAWA, though it does not guarantee final approval.
Step 4: Biometrics Appointment
Around the same time, you will receive a biometrics notice, requiring you to visit a USCIS office to have your fingerprints and photo taken. If you filed for a work permit along with your VAWA application, you may receive it within eight to ten months.
Step 5: Request for Evidence (RFE) or Final Decision
The final stage involves either receiving an RFE or a final decision. An RFE is a request from USCIS for additional information. Although stressful, it offers you the chance to strengthen your case. It typically takes about three years from initial filing to receive a final decision.
During this waiting period, your prima facie determination can be renewed. In some states, it may also allow you to obtain a driver’s license and other benefits.
Documents for VAWA Application
In addition to Form I-360, you will need to include evidence that you meet all the requirements. This may include:
- A written declaration describing your relationship, the abuse, your good moral character, and other relevant details
- Police, hospital records, or court-issued protective orders showing evidence of abuse
- Police clearance records from any city where you lived for more than six months in the past three years, to demonstrate good moral character
- Proof that the abuser is a U.S. citizen or green card holder
- Proof of relationship (e.g., marriage or birth certificate)
- Proof of residence with the abuser
- Proof that you currently reside in the United States
Final Words
VAWA is a critical legal provision that provides protection and support to immigrant survivors of domestic violence. It helps restore confidence, improve safety, and uphold dignity. However, the VAWA application process can be complex and emotionally overwhelming.
If you believe you may be eligible for VAWA but are unsure about any aspect of the process, contact Mokolo Law Firm. Our experienced immigration attorneys will evaluate your case, review eligibility requirements, help gather necessary documents, and guide you step by step to determine your eligibility before proceeding with any immigration filing.
by Mokolo LawHow to Adopt a Child in Texas
In adoption, a child is not given up. A birth mother gives life, a child a family, and unconditional love. She gives a part of her heart that will never feel whole. She gives another mother a part of her heart that was always missing. An adoptive mother gives a life and family to this child. She gives unconditional love. She gives a part of her heart to another mother. Yes, give a lot—just never give up. – Tena Cooper
How to Adopt a Child in Texas: Adopting a child is a whole lot of responsibilities that could bring joy and happiness to a family or an individual. It is also a life-changing decision. The adoption process in Texas is overseen by specific laws and steps created to ensure the best interests of the child and provide support for potential parents. Whether you are adopting an infant or a grown child through the foster care system, having a perfect understanding of the legal requirements, timeframes, and emotional considerations is very important. Adopting a child is a monumental decision, and the process involves much more than signing a few papers. The termination of parental rights by the biological parents is necessary for all types of adoptions. The court might grant the adoption for relatives and stepparents if only one biological parent terminated their rights or if the adoptive parent cared for the child for a specific time.
This article will give you a clear insight into how to adopt a child in Texas, the types of adoption in Texas and the key stages you will have to go through in adopting a child in Texas, from initial preparation to finalizing the adoption in court.
How to Adopt a Child in Texas
Types of Child Adoption in Texas
There are numerous types of adoption in Texas. Learning about all of them will help you to choose the path that’s right for you as an individual or for your family. The type of adoption depends on your circumstances:
- Private domestic adoption
- Relative adoption
- Stepparent adoption
- Foster care adoption
- International adoption
1. Private Adoption
This is usually the most common adoption option for families looking to adopt an infant. The potential adoptive parent will work hand-in-hand with an adoption agency approved by the Texas Residential Child Care Licensing (RCCL) department. This agency will be in charge of conducting a home study and beginning the search for potential matches for adoption. Out of all the different types of adoption in Texas, private infant adoption is the best way to adopt a newborn.
With a private domestic adoption, you would work with a professional to adopt a newborn in Texas. The private adoption agencies provide options for both domestic and international adoption. The laws may differ for international adoption procedures, so having an experienced adoption attorney in your corner can help you stay on top of the legal requirements.
2. Relative Adoption
In some cases, relatives such as grandparents, aunts, and uncles take over a child’s care when their biological parents are unable or unwilling to take responsibility. Normally, one or both parents need to terminate parental rights before an adoption is possible. However, if the child has been in your primary care for a significant amount of time, you may still be able to adopt them legally.
Adopting a child with or without parental consent requires the court to decide whether it is in the child’s best interest. Contact our adoption lawyers to learn more about the termination of parental rights and how it can be a legal hurdle for adoption.
3. Stepparent Adoption
Stepparent adoption is a big step for a blended family. The process starts with you and your spouse petitioning for the adoption and having the biological parent without custody terminate their parental rights. If the child is over 12 years old, you’ll also need their consent before you can adopt them. Even though stepparent adoptions are not like other types of adoptions, every stepparent must understand what is expected of them. Stepparent adoptions can be very straightforward because of the preexisting bond between the adoptee and the stepparent.
Sometimes former stepparents can adopt a child after providing care for at least 6–12 months before filing for adoption. The requirements depend on whether one or both biological parents have terminated their parental rights. You may need to go to court with the help of an adoption attorney.
4. Foster Care Adoption
Adopting through foster care is possibly the most challenging route to adoption, though perhaps the most rewarding. Most children in foster care will be older kids who came from high-risk environments where they experienced abuse or neglect. Whether you are the foster parent or adopting a child out of foster care, there could be a significant waiting period before the adoption is possible.
The purpose of foster care is to provide a child with a safe, temporary home while a state judge decides whether a child’s biological parents can parent them again. The court will require background information on the child and the adoptive parents, including records on the child’s health and education and a criminal history report on the parents seeking the adoption.
5. International Adoption
This is the process of adopting a child or children from another country. Adoptions across international borders are among the most challenging for obvious reasons. The first step in international adoption is usually contacting an adoption agency in the country where the child lives. International adoption agencies usually ask prospective parents to make multiple trips to the country before they are deemed suitable parents.
A child born outside of the United States will also need a visa to enter the country. The visa application process alone can be incredibly challenging and discouraging for parents seeking to adopt internationally. The Hague Convention on Intercountry Adoption must also be followed for any international adoption to be legal.
The Difference Between Child Adoption and Child Custody
Child adoption disconnects the relationship between the biological parent and the child. It terminates the parents’ rights to that child forever. And the child automatically has full inheritance rights to the adoptive parents. If an adoptive parent dies without a will, the adopted child generally inherits as if they were a biological child. They no longer have any financial obligations to the child, no rights to see the child, no rights to stay in touch with the child, etc. This is not the case in a conservator-child relationship (unless a will says otherwise).
Unlike child adoption, child custody does not sever either parent’s parental rights to the child. If a father failed to seek custody—primary or physical—of the child, the mother or other parent would still have custody rights to the child, such as visitation, etc. Sometimes a court gives custody (conservatorship) of a child to someone who is not the biological parent through a Suit Affecting the Parent-Child Relationship (SAPCR).
What is Child Protective Services (CPS)?
Child Protective Services (CPS) is a governmental agency responsible for investigating reports of child maltreatment, determining whether child abuse or neglect has occurred, and intervening to ensure a safe environment for the child. Child Protective Services can also supervise adoptions. Children in these adoptions have been removed from their previous homes because their parents lost their parental rights. Neglect, abuse, or abandonment are common causes of termination of parental rights.
The child is temporarily placed with a foster home after CPS successfully petitions the court to terminate parental rights. A child may be permanently placed with a family in certain circumstances.
Criteria to Meet for Child Adoption in Texas
Prospective parents must meet various criteria to adopt, and it is essential to note that marriage isn’t a requirement:
- Parents must be at least 21 years old.
- Parents must be in good physical and mental health.
- Parents must pass a criminal background check.
- Parents must have the financial means to support the child.
- The adoptive parents must be married for at least two years if married.
Background Checks and Home Study Requirements for Prospective Adoption Parents
All prospective adoptive parents in Texas must pass a criminal background check and child abuse registry screening. A home study is also required to evaluate the adoptive parents’ living environment, financial stability, and overall readiness to care for a child.
The home study process typically involves:
- Interviews with all household members
- A review of financial records and employment history
- A physical inspection of the home to ensure it is safe and suitable for a child
These steps help verify that the adoption is in the child’s best interest and that the adoptive parents are prepared to meet their responsibilities.
The Process of Adoption in Texas
Filing the Petition for Adoption
The adoption process in Texas begins with filing a petition with the appropriate court. This document formally requests legal recognition of the adoption and outlines the adoptive parents’ intent to assume parental rights and responsibilities.
The petition must include:
- The adoptive parents’ personal information
- Details about the child being adopted
- Confirmation that all legal requirements, such as background checks and home studies, have been completed
Rights of Birth Parents in the Adoption Process
For an adoption to proceed in Texas, the child’s birth parents must provide legal consent. Consent involves signing a document that voluntarily terminates their parental rights. Texas law requires this consent to be:
- Signed at least 48 hours after the child’s birth for infant adoptions
- Given freely without coercion or pressure
In cases where the birth parents cannot be located or their rights have been terminated due to neglect or abuse, the court may waive the consent requirement.
Post-Placement Support
The adoptive placement is not the end of the journey; it is a lifelong decision that comes with emotional challenges and rewards. Post-placement support services are available to help birth mothers adjust to life after adoption. Post-placement support is crucial for birth mothers who have chosen adoption. These services may include:
- Counseling and mental health support – Adoption-related grief is normal, and professional counseling can help process emotions healthily
- Ongoing communication (if applicable) – If you choose an open or semi-open adoption, you may receive updates and maintain contact with the adoptive family
- Financial support (where applicable) – Some agencies offer post-placement assistance to help with transition-related expenses
Finalization of Adoption Process
An attorney will arrange a court date to finalize the adoption. This involves completing all necessary legal paperwork, including obtaining a new birth certificate for the child with your name listed as the parent. Once the adoption is finalized, the child becomes a legal member of your family.
Final Words
Adoption is not always easy, but it is well worth the effort when you have realized your dreams of becoming a parent. The adoption process in Texas can be complex and overwhelming, but it can also be a wonderful way to complete your family. By understanding the legal requirements and the steps involved in the adoption process in Texas, you can ensure that your adoption journey is a success.
Contact Our Adoption Attorneys in Texas Today
To learn more about the adoption process and your options, you can contact the adoption attorneys at Mokolo Law Firm. We will give you objective advice about what is best for you and how the legal process works. Our skilled adoption attorneys have helped many prospective parents adopt over the years. We are deeply familiar with the legal requirements of the adoption process in Texas, and we’re well-positioned to help you bring your family together in the way you envision.
by Mokolo LawCultural Differences Between Nigerian and Texas (USA) Custody Cases
Custody cases are always complex and emotional, and the way they are handled depends on the society’s values and traditions. Both Nigeria and Texas, USA, focus on the best interests of the child, but their approaches are different because of cultural, religious, and legal influences.
In Nigeria and Texas, these factors give form to the way in which the courts address cases of custody, revealing important differences in parenting philosophies, social values and judicial practices. Understanding these differences can shed light on how children are taken care of in both regions
This article looks at the main differences in how custody cases are handled in Nigeria and Texas, focusing on legal rules, gender roles, family involvement, and the child’s opinion. Understanding these differences can help families dealing with custody issues in these two different systems.
1. Legal Structures Influences
In Nigeria custody laws are governed by a mix of statutory law, customary law, and Islamic law (Sharia in some regions). While formal courts may follow the Child Rights Act (2003) and the Matrimonial Causes Act, traditional and religious customs heavily influence custody decisions, often favoring fathers in Islamic law and extended family involvement in customary practices.
While, Texas follows a more standardized legal approach under the Texas Family Code, focusing on joint managing conservatorship, where both parents typically share responsibilities. Courts assess financial stability, parenting capabilities, and the child’s well-being without religious or traditional bias.
2. Role of Gender in Custody Decisions
In many Nigerian cultures, fathers are traditionally seen as the head of the household and primary custodians of children, especially in cases involving sons. However, younger children, particularly infants, are more likely to stay with their mothers.
But in Texas courts do not have a gender preference. Instead, they evaluate each parent’s role in the child’s life, financial situation, emotional bond, and ability to provide a stable environment. Fathers and mothers are considered equally for primary custody.
3. Role of Extended Family and Community
In Nigeria, family and community play a big role in raising children, especially when parents separate. If a mother remarries, the child may be sent to live with the father’s relatives. Grandparents, aunts, and uncles are often involved in caring for the child, as Nigerian culture values the well-being of the whole family over individual rights. Courts usually give custody to mothers, especially for young children, because they are seen as essential for early development. However, financial stability also matters, and custody decisions can be affected if a parent is unable to provide support.
In contrast, Texas focuses more on the nuclear family, following Western values that prioritize individual parenting. While grandparents and relatives can request visitation rights, they are not as deeply involved in legal custody decisions as in Nigeria. Courts decide based on the “best interests of the child,” which can be interpreted in different ways depending on the case. Texas courts usually prefer shared custody, meaning both parents are encouraged to be involved in the child’s life unless there are serious issues like abuse or neglect. This reflects modern parenting ideas that see both parents as important in raising a child.
4. Religious and Traditional Factors
Nigeria religious beliefs, especially in Muslim-majority northern Nigeria, influence custody rulings. Sharia law generally grants custody of younger children to mothers until a certain age, after which fathers assume guardianship. In Christian and traditional regions, elders and cultural leaders may have informal input in custody decisions.
But in Texas USA, religion is not a determining factor in custody cases unless it directly impacts the child’s well-being. Courts focus on practical aspects such as education, healthcare, and emotional stability.
5. Child’s Preference
While Nigerian courts consider the best interests of the child, a child’s preference is not always decisive, especially if it conflicts with traditional expectations. Judges may place more emphasis on family stability and financial security.
In Texas, a child aged 12 and above may express a preference, which the court considers alongside other factors like parental involvement and emotional ties. The best interest of the child is the guiding principle in all cases.
6. Social Values
Social values in both Nigeria and Texas also shape the perceptions of parents’ roles. In Nigeria, cultural expectations often dictate that mothers are the main caregivers. This perspective is reinforced by the social norms that consider that the roles of women in the home are vital and irreplaceable. However, it can lead to prejudices in which parents’ abilities in the upbringing of children are overlooked, especially in custody evaluations. As a result, the Nigerian judicial system can inadvertently favor mothers, not necessarily reflect the best interests of the child.
In Texas, on the other hand, the growing acceptance of various family structures has led to a change in parenting philosophies. Courts recognize more and more than non -traditional family arrangements can be equally troops. For example, joint custody arrangements are common even in combined families, allowing children to maintain relationships with both parents despite separation. This flexibility is based on a social value that promotes equality and responsibilities for shared parenting.
Final Words
The influence of cultural norms and legal frameworks on custody decisions in Nigeria and Texas reveals significant differences between the two. Although the community approach of Nigeria emphasizes maternal care supported by traditional values, Texas prioritizes the individual rights of both parents under the legal standard of the best interests of the child. These differences in parents’ philosophies and social values reflect broader cultural identities in each region. Understanding these nuances can improve dialogue on custody decisions, ultimately pointing to the results that serve the best interest of children in both contexts.
Contact Mokolo Law Firm
Mokolo Law Firm today. We are readily available to assist you with your legal needs. Whether you require consultation, representation, or ongoing legal support, Mokolo Law Firm is your trusted partner.
by Mokolo LawCross-Border Divorces Between Texas and Nigeria
Going through a divorce can be one of the most complicated and challenging times in one’s life. When it involves two countries like the U.S. and Nigeria, the process becomes even more complex.
Cross-border divorces between Texas and Nigeria require a deep understanding of the laws governing both countries and how they interact. Legal systems, cultural expectations, and international laws all play a major role on how a cross-border divorce unfolds.
This blog provides a guide to exploring the legal complexities, jurisdictional issues, and key considerations for spouses seeking a divorce across these two regions.
Recognition and Validation of Divorce Between Texas and Nigeria
One of the biggest concerns in a cross-border divorce is whether both countries will recognize the divorce decree and where the case should be filed.
1. Divorces Granted in Texas
For a divorce to be filed in Texas, at least one spouse must have been a resident of the state for at least six months and a resident of the county where the petition is filed for at least 90 days. For instance, if a couple married in Nigeria but later relocated to Texas, they can file for divorce in a Texas court, provided one of them meets the residency requirement under Texas law.
To have a Nigerian divorce recognized in Texas, one might need to go through a legal validation process, which could involve:
- Filing a petition in a Texas court to acknowledge the foreign divorce.
- Proving that the Nigerian court had proper jurisdiction over the case.
- Showing that both parties had fair representation in the Nigerian proceedings.
Texas courts only recognize a Nigerian divorce that meets due process standards, meaning that both parties must have been properly notified and given the opportunity to present their case.
2. Divorces Granted in Nigeria
Nigerian courts recognize both customary and statutory marriages. For statutory marriages (those registered under the Marriage Act), divorce proceedings are handled by the High Court. Customary and Islamic marriages follow different dissolution processes, depending on local customs and religious laws. If a couple married in Texas but wants to divorce in Nigeria, the case would fall under Nigerian law, specifically the Matrimonial Causes Act.
Once a divorce has been concluded in Texas, it is generally recognized in Nigeria, especially under private international law. However, to ensure full recognition, the divorced party may need to file for reaffirmation of the divorce in a Nigerian court where they initially got married.
Challenges in Cross-Border Divorces Between Texas and Nigeria
1. Child Custody and Support
One of the most sensitive issues in cross-border divorces is child custody and support, as it directly affects the well-being of the child. Enforcing a child custody agreement can be challenging if one parent is in Texas and the child is in Nigeria (or vice versa), especially if the child was taken without permission. This is because The Hague Convention on the Civil Aspects of International Child Abduction does not apply to Nigeria.
If custody disputes arise, the best approach is to secure a legally binding agreement in both countries to prevent future conflicts.
2. Grounds for Divorce
In Texas, one can file for either a fault-based or no-fault divorce. Common grounds include irreconcilable differences, adultery, abandonment, and cruelty.
In Nigeria, under the Matrimonial Causes Act, statutory marriages can be dissolved on grounds such as adultery, desertion, lack of consummation, and irretrievable breakdown of the marriage.
3. Division of Assets
Texas follows community property laws, meaning that both spouses are entitled to an equal share of assets acquired during the marriage.
In Nigeria, asset division depends on whether the marriage was conducted under customary or statutory law. Nigerian courts do not always follow the same principles as Texas courts when dividing marital property. Enforcing a Texas court’s division of assets in Nigeria (or vice versa) may require additional legal steps.
4. Polygamy & Religious Divorces
Nigeria recognizes customary and Islamic marriages, which may include polygamous unions. However, Texas does not recognize polygamy. A divorce under Islamic or customary law in Nigeria may not automatically be valid in Texas unless it meets legal requirements.
A couple married under Islamic or customary law in Nigeria may need both a religious and a civil divorce to avoid complications in Texas.
5. Enforceability of Court Orders
A major challenge in cross-border divorces is ensuring that court orders, such as custody arrangements and financial settlements, are enforced in both countries. While the U.S. has mechanisms for enforcing foreign judgments, Nigerian courts may require additional steps for recognition and enforcement.
Steps for a Smooth Cross-Border Divorce Between Texas and Nigeria
1. Hire Family Law Attorneys Familiar with Both U.S. and Nigerian Laws
- Engage a Texas-based attorney to guide you through U.S. legal processes.
- Hire a Nigerian attorney to ensure the divorce is recognized in Nigeria.
2. Confirm Jurisdiction
- Decide where to file for divorce based on residency and legal recognition factors.
3. Address Custody and Property Issues Early
- Secure agreements in both countries to prevent future disputes.
4. Validate the Divorce Internationally
- Determine how to get a Texas divorce recognized in Nigeria and vice versa.
- If divorcing in Texas, file a petition if required.
5. Consider Mediation
- If both spouses are willing, mediation is a faster and less expensive way to reach agreements.
6. Understand Immigration Implications
- If one spouse’s visa or residency status is tied to the marriage, a divorce may impact their ability to remain in the U.S.
7. Keep Proper Documentation
- Maintain records of marriage certificates, residency proof, and any prior legal agreements to support your case.
Conclusion
Cross-border divorces between Texas and Nigeria require careful legal planning. By understanding both legal systems and working with professionals in both countries, major complications can be avoided. Taking the right steps early can help you move forward with peace of mind.
Need expert legal advice? Consult Mokolo Law Firm. Our family law attorneys in both Texas and Nigeria will ensure your rights are fully protected.
by Mokolo LawStatute of Limitations in Texas Family Law
Divorce can be complicated and emotional, with many legal factors to consider. One important but often overlooked rule is the statute of limitations on divorce settlements. This sets a time limit on how long a person has to enforce their settlement agreement. Understanding this deadline is important for protecting your rights after a divorce. In this guide, we’ll explain why the statute of limitations matters, review common time limits in Texas and share tips on how to handle this legal time frame effectively. Family law disputes are subject to several time limits that can impact how your matter is resolved. The time limits that most separated people might encounter relate to divorce applications and property settlements.
Under Texas law, married spouses can seek a fair division of their marital property, but they must do so within specific time limits. The deadlines are as follows:
- A suit for property division must be filed before the divorce is finalized; Texas follows community property laws, meaning the court divides assets during the divorce process.
- If a spouse believes there was fraud on the community (such as hidden assets), they generally have two years from when the fraud was discovered to file a claim.
- If a spouse passes away, property division disputes may be handled through probate proceedings, but there is no strict six-month deadline for filing a claim.
A court may allow a late claim if there is a valid legal reason to grant relief, the delay occurred in good faith (meaning it was not intentional or due to negligence), and granting the claim would not cause significant harm to the other party.
Other family law claims, such as spousal maintenance, have specific eligibility requirements but must generally be requested before the divorce is finalized. However, enforcement actions for unpaid spousal maintenance may have different time limits.
Similarly, child support can be pursued as long as the child is legally entitled to support. In Texas, child support obligations generally continue until the child turns 18 or graduates from high school, whichever is later. Retroactive child support may also be requested, but there are limits on how far back a claim can go.
What is Statute of Limitations?
A statute of limitations is a law that defines the maximum amount of time in which parties involved in a dispute must initiate legal proceedings following an alleged offence. The duration of a statute of limitations varies depending on the nature of the offence and the location of the jurisdiction.
The law applies to both civil and criminal cases. More serious offenses, such as murder or war crimes, often have no statute of limitations. It’s also applied in civil law to matters like consumer debt, where the debt becomes time-barred debt after the statute of limitations has passed.
Benefits of a Statute of Limitations
A statute of limitations is sometimes controversial due to cases where legal action cannot be brought against an offender because the maximum length of time has elapsed. However, proponents of a statute of limitations argue that, for practical reasons, it is most equitable to limit the initiation of legal proceedings to a reasonable period after the event. As time goes on, important evidence may be lost, and the memories of witnesses can grow foggy. Legal proceedings brought under these circumstances may not be fair to all parties.
Common Statutes of Limitations for Family Law Cases in Texas
In Texas, the statutes of limitations are provided by the Texas Civil Practice and Remedies Code Chapter 16. While most civil statutes of limitations are from one to four years, some may be much longer. These time limits vary depending on the type of case. Below are some common statutes of limitations and time periods:
1. Child Support Enforcement: The statute of limitations for enforcing child support orders in Texas is generally ten years from the date the payment was due.
2. Child Custody Modifications: A parent can request a change to a custody order anytime before the child turns 18, as long as there is a valid reason—such as significant changes in the child’s needs or concerns about the other parent’s ability to provide proper care.
3. Paternity Claims: A paternity suit to establish a father’s legal rights must be filed before the child turns 4, unless fraud or mistake prevented the claim earlier.
4. Termination of Marriage: The statute of limitations for annulment depends on the grounds;
Underage marriage: Must be filed before the underage spouse turns 18.
Fraud, duress, or force: Must be filed within four years of the marriage.
5. Property Division and Debts: In Texas, the statute of limitations for enforcing property division orders is generally ten years from the date of the divorce decree.
6. Spousal Maintenance (Alimony): For spousal maintenance orders, the statute of limitations in Texas is generally ten years from the date of the divorce decree.
7. Enforcement of Decrees: There is no specific statute of limitations for the enforcement of divorce decrees in Texas, but it’s advisable to take legal action promptly.
These time limits ensure legal matters are addressed within a reasonable period while protecting the rights of all parties involved. It’s important to note that these are general guidelines, and the specifics can vary based on the circumstances of each case. Additionally, laws may have changed since my last update. Therefore, for the most accurate and up-to-date information, consult with a family law attorney in Texas or refer to the Texas Family Code.
In Conclusion
Statutes of limitations in family law ensure that legal disputes are resolved within a reasonable timeframe while protecting the rights of all parties involved. These time limits vary depending on the type of case such as child support enforcement, paternity claims, or property division after divorce. Delays in family law cases can have serious consequences. For example, they may affect child custody arrangements or make a judge think one party is being unreasonable. In most cases, delays do not completely take away a person’s right to go to court, but in some situations, waiting too long can mean losing the right to seek certain legal remedies.
Watch: The best advice I can give to single men and women
At Mokolo Law Firm, we are sensitive to the needs and the rights of our clients while helping them cope with the realities of their divorce, child custody or family law case. Our staff of attorneys have the experience and knowledge to help guide you through this challenging time.
Our goal is to empower our clients to take control of the issues that will affect their lives and when necessary to provide an aggressive stand in court. Call us today for a free consultation!
by Mokolo LawHow to Get Visitation Rights in Texas
One of the most contested issues involving children is the issue of possession and access, more commonly known as visitation. Trying to get visitation rights in Texas can feel confusing, especially if you don’t know where to start. Whether you’re a non-custodial parent, grandparent, or another family member wanting to spend time with a child, it’s important to understand the law and your right. Texas courts always focus on what’s best for the child, but getting visitation isn’t always easy.
In this article, we’ll explain the steps to request to securing visitation rights in Texas, what the court looks at when making a decision, and how to handle any challenges. If you’re struggling with a custody issue or just want to know your rights, this article will help you understand what to do next.
Understanding Visitation Rights in Texas
Visitation can be broken down into two categories: Standard Possession and Custom Orders.
A Standard Possession Order (SPO) is the default visitation schedule used by Texas courts when determining how a non-custodial parent (the parent without primary custody) will spend time with their child. It outlines specific visitation times, including weekends, holidays, and summer breaks.
The SPO typically includes; weekend visits, extended summer visitation and holiday schedules. The SPO applies unless the court determines a different arrangement is in the child’s best interest.
A Custom Possession Order (CPO) is a personalized visitation schedule created to fit the unique needs of a child and their parents. Instead of following the standard schedule, parents (or the court) can agree on a different arrangement based on factors like work schedules, distance, or the child’s needs. A CPO may include; a different weekday or weekend visitation times, adjustments for parents who live far apart and additional visitation rights based on mutual agreement.
A Custom Possession Order can only be used when the Standard Possession Order does not work well for a family and must be approved by the court.
None custotian parents are usually given visitaion rights in Texas.This order outlines how and when the non-custodial parent can spend time with the child. And this schedule varies, depending on the child’s age, parent’s location and other factors. Usualy, Texas courts use a “Standard Possession Order (SPO)” to determine a visitation schedule.
Who Can Request Visitation Rights?
Anyone can request a visitation right of the child, so long there is a relationship existing between them.
1. Non-Custodial Parents
A parent who doesn’t have primary custody of the child has the right to visitation. Except in some unusual cases where the court feels it is harmful for the child and may deny or limit visitation. Reasons could be;
*A history of abuse or domestic violence on the child or others.
*Drug or alcohol addiction affecting parenting ability.
*Neglecting or abandoning the child
*Mental health issues that put the child at risk.
*A history of kidnapping or not returning the child or threats of abduction.
*Repeatedly violating court orders in the past.
*Having a negative influence on the child. Like, exposing the child to crime, danger, or unsafe environments.
*If the child strongly opposes visitation.
In some cases, courts may allow supervised visitation, instead of full denial. Standard visitation typically includes weekends, holidays, and extended time in the summer.
2. Grandparents
Grandparents play an important role in a child’s life, but in Texas, they do not have an automatic right to visitation. The court typically presumes that a child’s parents have the right to decide who is involved in their child’s life. However, in certain circumstances, grandparents can request court-ordered visitation if they can prove that it is in the best interest of the child. Since Texas law makes grandparent visitation difficult, consulting a family law attorney can help build a strong case.
A grandparent may seek visitation if;
*One parent is deceased, incarcerated, or declared incompetent by the court.
*One parent’s rights have been terminated.
*The child has lived with the grandparent for at least six months.
*When denying visitation would be harmful to the child’s well-being.
Grandparents must show prove that their relationship with the child is beneficial, denying visitation would negatively impact the child and the parent restricting visitation is not acting in the child’s best interest.
3. Other Family Members
In Texas, visitation requests from extended family members are rarely approved unless there are special circumstances, such as the child’s parents being unfit or absent that justify court intervention. Other family members such as aunts, uncles, adult siblings, or even close family friends may want to request visitation with a child. However, unlike parents and grandparents, the law does not automatically grant them visitation rights. Courts generally prioritize the rights of the child’s parents and assume they are making the best decisions for their child.
Unlike parents and grandparents, most relatives have no clear legal path for visitation unless extreme circumstances exist.
Steps to Request Visitation Rights in Texas
When seeking visitation rights in Texas, there are steps thatmust be followed to the letter and they are;
1. Filing a Petition
A legal request, which is called a petition, must be filed with the family court in the county where the child lives by whoever is requesting. This document asks the court to grant visitation and explains why it would be in the child’s best interest.
2. Other Parent Notification
The child’s other parent (or guardian) must be formally notified of the request. It is their choice to agree or disagree to the request.
3. Attend a Court Hearing
If the other parent disagrees with the request, a judge will hold a hearing. Evidences need to be present showing why visitation is in the child’s best interest. This may include witness statements, records of past involvement with the child, and proof that visitation will not harm the child.
4. Receive the Court’s Decision
The judge will decide whether to grant visitation based on the evidence presented. If approved, the court will issue a visitation order outlining when and how visits will take place.
What to do When Visitation Rights are Denied
If the custodial parent refuses visitation in Texas, document every instance, try to resolve the issue through communication or mediation, and if necessary, file a motion for enforcement. Courts may impose fines, jail time, or other penalties on the non-compliant parent. There are also futher steps that can be taken.
File an Appeal: The petitioner may believe the court made a mistake, so he/she can appeal the decision. But this process can be very long and difficult.
Request Mediation: A neutral third party can be of help to the petitioner and the other parent can reach an agreement outside of court.
Modify an Existing Order: If circumstances change (e.g., the custodial parent moves away or prevents visitation), the petitioner can ask the court to modify the order.
Police Intervention: Police generally do not enforce child visitation orders in Texas as these are civil matters. However, if there is an immediate risk to the child’s safety or a court order is being violated, the police can intervene.
In Conclusion
Getting visitation rights in Texas can be challenging, but it’s possible if you follow the right legal steps and the help of a family lawyer who can guide and assist through the case. The most important thing to keep in mind is that courts prioritize what’s best for the child. If you have a strong relationship with the child and can show that visitation will benefit them, your chances of getting a court-approved schedule are much higher.
Need help with your custom or standard visitation schedule in Texas? Mokolu Law Firm is here to support you every step of the way.
by Mokolo LawAnnulment vs Divorce in Texas
When considering the end of a marriage, individuals often confuse annulment and divorce because both legally dissolve a marital relationship. And they find themselves weighing the options between the two. However, they have distinct legal effects and requirements. Both processes are subject to specific legal grounds and procedures under the Texas Family Code.
by mokololawJust Got Served in A Family Law Case?
A guide on what to do when you get served on a family law case.