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State Message Forums => Texas State Forum => Topic started by: charlie967 on Feb 06, 2006, 05:23:56 PM

Title: Couple of divorce and custody questions
Post by: charlie967 on Feb 06, 2006, 05:23:56 PM
My best friend and her husband just started the divorce process. They are in Texas and I posted this on the TX board too. They have been living together for 16 years - 10 of those years married.  They have two girls both 8 & 10.  She filed for divorce a couple of years ago - no fault -  and then he begged and pleaded for another chance and she wanted to make it work so she said yes.  They both have contributed to what led up to the divorce.  They have already agreed on who would get what, how the bills would be split(they were already financially divorced since he kept the money separate...he had her account, she had hers.  His vehicle was in his name hers in hers), they want joint custody - one week w/one parent, one w/the other, 2 hr visit on Wed for the parent who doesn't have the week, he will pay her $$ from the house - she said he didn't have to pay it all at once....she is letting him pay her over a 6 year period (not sure I think that is the best idea but hey it's not my divorce!!), no child support, no spousal support and they are not fighting over their retirement.  They keep their own. I'm trying to help her w/some questions and answers for her and for her to ask when she goes to sign the paperwork.  She has not hired an attorney (bad move) because they are trying to keep it easy and cheap.  He has one. So here are my questions.

1.  Should the paperwork state "Joint Custody" or "Joint Managing Conservatorship"?  I have the later w/my son but it is not every week.  It's the 1st, 3rd, and 5th etc.... I looked up the Texas Family Code and it gets to be a little confusing on that.  It does state elsewhere that they share equal rights but it doesn't spell out the equal rights like who has the exclusive right to do this etc....I didn't think in joint custody that was necessary.  

2.  Since they both have different addresses, what address do they use as the primary address for the kids?  They have a post office, well he does now.  Can that work?

3.  If one of them is in another relationship, can that hurt the case? I don't think the other one would bring it up in court but say they did and could prove it....what could happen?  Legally?  Remember it was filed as no fault.

4.  What would happen if he died before the $$ to her was paid off?

Just curious what others think.  I've already told her what I thought but I don't know if what I told her was right or not.  It's hard because both of them are mine and my husband's friends.  She is my best friend and I have known her most all my life.  It's hard when one asks why didn't you tell me this or that.  So I'm trying best to stay out of that and just give whatever advice I can.

Thanks everyone.
Title: RE: Couple of divorce and custody questions
Post by: Bradley on Feb 07, 2006, 06:52:44 AM
I dont know the answers to all of your questions, but the person who is the custodial parent, gets to determine primary residence. There are a few examples of this on the texas family code website. Usually it is joint custody with the parents being joint managing conservators.. which means the custodial parent should ask the other parent about all major decisions but doesn't have to unless clearly stated in the papers. Also consider putting a restriction on moving more than a county away in the papers.
IF the money was not paid off by the time of death, the estate what of it would pay the bill. Where in Texas are you? or they?
The non-custodial parent has usually 1, 3 and 5th weekends of the month and the standard every other holiday and a 30 day period in the summer. the weekends can go from Thursday to Monday Morning or Friday to Sunday at 6 and then every Wednesday. IT just depends.
Feel free to email me at I am no lawyer, but have a lot of information. Check around on this website as well.
Title: RE: Couple of divorce and custody questions
Post by: charlie967 on Feb 07, 2006, 07:08:29 AM
They are wanting joint custody - true joint custody -  with the children are with one parent for one week and then the other for the other.  Not the 1st, 3rd, and 5th weekend.  So in that type of situation is there a CP?  I don't see how since they are both sharing equal time, equal decisions etc..  This is where I get confused.  I understand what joint managing cons. w/a CP and NCP is.  I have that in my situation but their's is totally different than mine.  Does that make any sense?

They are in DeWitt County.
Title: RE: Couple of divorce and custody questions
Post by: Bradley on Feb 09, 2006, 10:53:19 AM
I know that here in Dallas county actual fifty fifty rarley happens unless the parties agree to it. yes I do think one person would still receive child support of some kind and one parent would provide insurance and one parent would decide or determine the primary address.
if you find an example of 50/50 visitation i ntexas let me know we want the same thing! Good luck!
Title: RE: Couple of divorce and custody questions
Post by: charlie967 on Feb 10, 2006, 06:21:12 AM
They have agreed on the following:
One week with one parent, one week with the other parent.  The parent they are with during their week is responsible for 100% of whatever is involved for that week.  No child support, no spousal support.  They are going to keep them on their health insurance the way it is now.  One has one child on their insurance and the other parent carries the other child.  They both work for the state and pay the same amount of insurance so nothing will be due the other parent.  Each Wed the children will spend 2 hours with the parent who doesn't have them for that week.  I don't think they are using any type of standard form.  They went to the attorney and told them this is what we agree on and it is being done that way and presented to the judge.  I haven't seen the paperwork yet but I will get after it is finished.  I don't like in the same county as they do.  Since both parties agreed to the same thing and they are not fighting over anything w/the kids or the financial part, it should go smooth.  But you never know how it will be.  At this point they are in agreement.
Title: RE: Couple of divorce and custody questions
Post by: Bradley on Feb 12, 2006, 10:46:04 AM
That sounds like a good agreement!