Divorce can be an emotionally and financially challenging process, especially when children are involved. In Texas, the state’s laws and court procedures aim to prioritize the well-being of children and keep them safe from harm. If you’re considering divorce or facing concerns about child endangerment, it’s important to know your legal options and resources.
Understanding Child Endangerment in Texas
Child endangerment occurs when a parent or guardian puts a child’s safety or well-being at risk. This can include physical, emotional, or sexual abuse, neglect, or exposing a child to dangerous living conditions or illegal activities. In Texas, child endangerment is a crime, and it can result in misdemeanor or felony charges.
If you suspect that your child is being endangered by a spouse or co-parent, it’s crucial to take action for your child’s safety. This could mean reporting the situation to Child Protective Services (CPS) or seeking a protective order.
Filing for Divorce in Texas
If you’ve decided to file for divorce in Texas and you have children, you’ll need to take specific steps to protect your kids. Texas law requires that all divorcing parents attend a Parent Education and Family Stabilization Course before a court can grant a divorce. This course aims to help parents understand the impact of divorce on children and develop effective co-parenting strategies.
When you file for divorce in Texas, you’ll need to submit a petition to the court. This petition should include information about child custody and support, visitation, and any concerns about endangerment or abuse. The court will review your petition and determine the appropriate next steps, including hearings, mediation, or trial.
Child Custody and Support
In Texas, child custody is known as conservatorship, and it includes the right and duty to make major decisions about the child’s life, such as healthcare, education, and religion. The court will consider several factors when determining conservatorship, including the child’s wishes (if they’re old enough to express them), the parents’ ability to provide a safe and stable home, and any history of endangerment or abuse.
Child support is calculated based on a percentage of the non-custodial parent’s net income, and it’s designed to help cover the child’s basic needs, such as food, shelter, and clothing. The court may also order additional support for medical expenses, education, or extracurricular activities.
Protective Orders
If you believe that your child is in immediate danger from a spouse or partner, you can file for a protective order (also known as a restraining order). This order can require the abusive party to stay away from you and your child, refrain from contacting or threatening you, and possibly vacate your home. A protective order can be obtained through a civil court order or by contacting law enforcement.
Working with an Attorney
Navigating the legal system can be overwhelming, particularly during a divorce or child endangerment case. It’s highly recommended that you work with an experienced family law attorney who can help you understand your rights, advocate for your interests, and guide you through the legal process.
An attorney can help you gather evidence of endangerment or abuse, negotiate child custody and support agreements, and represent you in court. They can also assist you with obtaining a protective order and working with CPS if necessary.
Conclusion
Divorce and child endangerment are serious issues that require careful attention and action. By understanding the legal processes and resources available in Texas, you can take steps to protect your children’s safety and well-being during this challenging time. Don’t hesitate to seek guidance from a trusted family law attorney or other professionals who specialize in this area.