by Mokolo Law

Dividing the Marital Home in Texas

For many divorcing couples in Texas, the marital home is not just a property; it’s a place tied to memories, routines, family traditions, and deep emotional significance. It’s also often the largest financial asset shared between spouses. As such, deciding what happens to the home during divorce is a high-stakes decision that blends legal rights, financial obligations, and personal needs.

At Mokolo Law Firm, we understand the complexity and sensitivity of these decisions. We offer the legal guidance and negotiation strength you need to protect your equity, secure your future, and move forward with confidence.

Understanding Marital Property in Texas

Texas is one of only a few community property states, which means that most assets (and debts) acquired during the marriage are presumed to be owned equally by both spouses. However, not all property is treated the same. Understanding the legal classification of the marital home is the first step in dividing it fairly.

Property Classifications

1. Community Property

• Acquired during the marriage (regardless of who paid or whose name is on the title).
• Includes the marital home if purchased using joint funds or during the marriage.

2. Separate Property

• Owned by one spouse before the marriage.
• Acquired as a gift or inheritance, even during marriage (if not commingled).
• Increase in value may still be subject to division if community funds contributed to improvements or mortgage payments.

Note: Even if the home was purchased before the marriage, it may become partly community property if both spouses contributed to mortgage payments, renovations, or equity during the marriage.

Key Factors in Deciding Who Keeps the House

Texas family courts aim for a “just and right” division of community property, which doesn’t always mean a perfect 50/50 split. The court considers various factors when deciding who retains the home, or whether it should be sold:

1. Best Interests of the Children

• Courts often favour awarding the home to the primary custodial parent to provide stability for minor children.

2. Ability to Maintain the Home

• Which spouse can afford mortgage payments, taxes, insurance, and upkeep post-divorce?
• Can one spouse qualify to refinance the mortgage independently?

3. Emotional and Practical Considerations

• Is one spouse particularly attached to the home?
• Are both parties able to cooperate if co-ownership is considered temporarily?

4. Financial Standing and Earning Capacity

• The court may consider disparities in income, employability, or access to alternative housing.

5. Debt Allocation

• Who is better positioned to assume the mortgage or handle related debts?

Options for Dividing the Marital Home

1. Sell the Home and Split the Proceeds
This is often the cleanest option.

Benefits:

• Eliminates shared financial ties.
• Each spouse receives their share of the equity to use toward a fresh start.
• Avoids disputes over future property value changes.

Challenges:

• Emotional difficulty in letting go.
• Market timing and costs of sale may impact final proceeds.

2. Buyout by One Spouse
One spouse retains the home and compensates the other for their share of equity, often by refinancing.

Key Steps:

• Home appraisal to determine market value.
• Mortgage refinancing in the name of the retaining spouse.
• Legal release of liability for the departing spouse.

Benefits:

• Offers stability, especially for families with children.
• Keeps the asset in the family.

Challenges:

• Requires sufficient income and credit.
• Tied to interest rates and refinancing costs.

3. Deferred Sale (Temporary Possession)
The court may allow one spouse (often the custodial parent) to stay in the home for a specified period usually until children reach a certain age after which the home is sold.

Benefits:

• Protects children from major transitions during key years.
• Delays division to a later, potentially more stable time.

Challenges:

• Ongoing co-ownership and expense-sharing require strict agreements.
• May delay financial independence for both parties.

4. Co-Ownership After Divorce
Rare but possible, especially if the couple wants to delay sale for financial reasons or until market conditions improve.

Requirements:

• Written agreement outlining responsibilities, cost-sharing, and exit strategy.
• Clarity on who can live in the home, pay for repairs, and claim tax deductions.

Risks:

• Relies on post-divorce cooperation.
• Legal complexity if one party wants to sell later and the other does not.

Protecting Your Financial Interests and Equity

Equity in a home can represent decades of savings and investment. Whether you’re keeping the home or walking away with your share, Mokolo Law Firm helps you protect what you’ve earned.

We Help You:

• Accurately assess home value.
• We collaborate with real estate appraisers and forensic accountants as needed.
• Determine Your Share of Equity.
• Accounting for contributions, liens, tax obligations, and improvements.
• Ensure Proper Refinancing or Debt Allocation
• Removing your name from the mortgage is essential if you’re not keeping the house.
• Negotiate clear, enforceable agreements
• Written into the divorce decree to prevent future disputes.

Final Thoughts on Dividing Marital Home in Texas

Dividing the marital home isn’t just about who gets the keys; it’s about housing stability, financial security, and a clean foundation for the next chapter of your life. Each decision carries long-term consequences, and mistakes can be costly.

At Mokolo Law Firm, we provide the insight, advocacy, and compassion you need to make sound choices. Whether your case involves negotiation, mediation, or court intervention, we stand by your side every step of the way.
Ready to protect your home and your future? Contact Mokolo Law Firm today to schedule a confidential consultation.

by Mokolo Law

Business Valuation in Divorce

When divorce involves a closely held or family-run business, the process becomes significantly more complex than dividing typical marital assets. For many couples, a business is not just a source of income but also one of their largest financial assets. Determining its value fairly and ensuring that value is accurately represented in divorce proceedings is critical.

At Mokolo Law Firm, we understand the unique challenges of business valuation in divorce. We work closely with financial experts, forensic accountants, and valuation professionals to protect your interests and ensure equitable outcomes.

Why Business Valuation Matters in Divorce

The valuation of a business directly influences several key aspects of your divorce, including:

• Property Division – Texas is a community property state, meaning that businesses (or portions of them) acquired or grown during the marriage may be subject to division.
• Spousal Support (Alimony) – The value and profitability of a business often factor into whether spousal support is awarded and in what amount.
• Future Financial Security – For many business owners, the company represents their livelihood, retirement plan, and legacy. For spouses, it can represent years of contributions—direct or indirect—to its success.

An undervalued business could leave a spouse with far less than they are entitled to, while an inflated valuation could saddle an owner with unfair financial obligations. In contentious divorces, it is not uncommon for one party to attempt to hide income, overstate liabilities, or underreport assets, making professional scrutiny essential.

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Common Business Valuation Methods

Courts and financial experts typically rely on three recognized approaches to valuing a business:

1. Asset-Based Approach

• Focuses on the company’s tangible and intangible assets (real estate, inventory, equipment, intellectual property, goodwill, etc.).
• Best suited for businesses with significant physical holdings.

2. Income Approach

• Projects future earnings and cash flow, then calculates present value based on risk and industry factors.
• Commonly used for professional practices and service-oriented businesses.

3. Market Approach

• Compares the business to similar companies recently sold in the marketplace.
• Useful when reliable market data exists for comparable businesses.

Often, multiple methods are applied and reconciled to produce a defensible, court-accepted value.

Key Legal Considerations in Texas

When valuing a business in divorce, Texas law raises several important questions:

• Timing of Ownership – Was the business started before the marriage (separate property) or during the marriage (community property)?
• Community Contributions – Even if the business was founded before marriage, did community funds or labor contribute to its growth?
• Spousal Roles – Did one spouse manage the business full-time while the other contributed indirectly (e.g., maintaining the household or supporting financially)?
• Pre-Existing Agreements – Is there a buy-sell agreement, prenuptial, or postnuptial agreement that dictates ownership division?

Courts will also examine whether one spouse should be compensated for their share, either through a buy-out, structured settlement, or allocation of other assets of equal value.

How Mokolo Law Firm Supports You

Navigating business valuation in divorce requires both legal skill and financial expertise. Our team helps clients by:

• Partnering with valuation professionals to secure an accurate, court-accepted appraisal.
• Investigating financial records for hidden income, misreported expenses, or manipulated cash flow.
• Negotiating creative settlement options, such as buy-outs, installment payments, or asset swaps.
• Protecting sensitive business data during discovery to minimize disruption to operations.
• Ensuring that property division and spousal support outcomes reflect a fair balance of contributions and future needs.

Final Thoughts on Business Valuation in Divorce

Dividing a business during divorce is never simple. It requires a skilled legal team, meticulous financial analysis, and a strategy tailored to your goals whether you want to retain ownership, divide assets fairly, or uncover hidden value.

At Mokolo Law Firm, we fight to protect your financial security while preserving the integrity of your business. With the right legal and financial guidance, you can navigate this process with confidence and clarity.

Call us today for a confidential consultation to discuss your business and divorce strategy.

by Mokolo Law

Dividing The Marital Home In Texas

For many couples, the marital home represents more than just real estate. It’s a shared investment, a place of emotional attachment, and often the most significant financial asset in a marriage. When a divorce becomes necessary, determining what happens to the family home can be one of the most challenging and consequential decisions you face.

In Texas, which operates under community property laws, the division of the marital home involves legal analysis, valuation considerations, and strategic planning. At Mokolo Law Firm, we help clients navigate this process with a focus on fairness, long-term stability, and protection of their financial future.

Dividing The Marital Home In Texas

Who Gets the House?

Texas is a community property state, which generally means that assets acquired during the marriage belong equally to both spouses. However, exceptions exist, and the marital home may be classified as either:

1. Community Property: Acquired during the marriage with marital funds.

2. Separate Property: Acquired by one spouse before the marriage or through gift or inheritance, even during the marriage, if properly documented.

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Key Factors to Determine How to Divide the Home

When determining how to divide the home, the court evaluates several key factors:

a. Custody of Children: Courts often favour allowing the primary custodial parent to remain in the home to maintain stability for the children.

b. Financial Resources: The ability of each spouse to afford the mortgage, taxes, and maintenance, including qualification for refinancing.

c. Equity and Contributions: How much equity exists and each party’s direct or indirect contributions to the property’s value (e.g., mortgage payments, improvements).

d. Debts and Obligations: Outstanding mortgage balances, liens, or property tax arrears.

e. Feasibility of Sale: Whether it’s practical or necessary to sell the home and divide the proceeds.

Options for Dividing the Marital Home

1. Sell the Home and Split the Proceeds
This is often the most straightforward approach. After the sale:

a. Proceeds are divided based on community property rights or as negotiated.

b. Joint liabilities are paid off (e.g., mortgage, home equity loans, closing costs).

c. Neither party retains emotional or financial ties to the property.

2. One Spouse Buys Out the Other
In this option, one spouse retains ownership by:

a. Paying the other spouse their share of equity (often by refinancing the mortgage).

b. Releasing the other from future liability on the loan.

c. This requires accurate home valuation, financial qualification, and sometimes negotiation of payment terms.

3. Deferred Sale (Temporary Possession)
Often used when children are involved, one spouse (usually the custodial parent) remains in the home for a set period. Later:

a. The home is sold, and the proceeds are split.

b. Conditions for sale (e.g., child graduation, specific date) should be outlined in the divorce decree.

4. Co-Ownership Post-Divorce
Though rare and complex, some spouses agree to co-own the property temporarily:

a. For investment or children’s stability.

b. Requires clear agreements on expenses, tax deductions, and future sale terms.

Protecting Your Equity and Legal Rights

At Mokolo Law Firm, we work to ensure you don’t leave value on the table. We will:

1. Determine the accurate value of the home through appraisal, market comparisons, and real estate expert input.

2. Calculate your share of Equity by subtracting debts from the market value and identifying each party’s stake.

3. Evaluate refinancing and mortgage obligations, including possible credit impacts and post-divorce payment responsibilities.

4. Negotiate equitable solutions that reflect your contributions, financial needs, and future goals.

5. Secure legal protections in the divorce decree to avoid future disputes over payments, taxes, or missed deadlines.

Final Thoughts on Dividing the Marital Home on Dividing the Marital Home in Texas

The marital home often holds both emotional significance and financial weight. Whether you want to keep the home, sell it, or negotiate an alternative arrangement, the key is informed legal planning.

At Mokolo Law Firm, we understand the personal and financial stakes involved. Our compassionate, strategic approach helps you make decisions that secure your housing stability and financial independence, both now and in the years ahead. Contact us today to schedule a consultation and discuss your best path forward.

by Mokolo Law

How 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.

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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 Law

How 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 mokololaw

Just Got Served in A Family Law Case?

A guide on what to do when you get served on a family law case.

by mokololaw

How to get an UNCONTESTED DIVORCE with No Children & No Property in Harris County

A guide to filing and completing your uncontested divorce in Harris County.

by mokololaw

Texas Child Support Guidelines

Texas has a child support formula to determine the amount the state “presumes” is in the child’s best interest. Child support in Texas is determined by figuring out the average net monthly resources of the noncustodial parent and applying guidelines established by the Texas legislature that require paying a percentage of those average net monthly resources in child support depending on how many children there are. The percentages are slightly different if the paying parent has a legal responsibility to also pay for other children who are not involved in the parents’ current suit. There is a cap on the maximum amount of Texas guideline child support. Effective September 1, 2019, the new net resources “cap” has been set at $9,200 per month.