This month’s column focuses on family law and divorce and was written by Allison Jones. Ms. Jones is a family lawyer located in the Heights at 1526 Heights Blvd., Houston, Texas 77008 – (713) 861-7777. Ms. Jones operates the law firm of Allison Jones & Associates, PC which has several great family lawyers with years of experience. Any question regarding the subject matter of this column should be directed to Ms. Jones at the information above or her email address:

Q. My son is one year old and his father and I are separated. Is there a set visitation schedule for him? Would it be different if we were married?

A. No to both. The court has wide latitude to create a possession schedule that is in the best interest of the child. There is a Standard Possession Order for Children over three years of age. The Court must presume the Standard Possession Order is in the best interest of the children unless proven different. The Standard Possession Order is too long to list in this column but you may find it in our website – www.familylawoffices.com.

Q. I am the father of two children ages 8 and 12. They want to come and live with me. At what age can they decide?

A. If the child is 12 years of age or older, the child may, by writing an affidavit filed with the court, choose the managing conservator, subject to the approval of the court. The affidavit is not binding on Court and does not automatically transfer custody.

Q. My husband wants to be appointed joint managing conservator of our two children, what does that mean?

A. Joint managing conservator involves both parents sharing responsibility and authority with respect to the children. It may involve joint “legal” custody and joint “physical” custody. Such includes physical sharing of the children in addition to both parents participating in decisions affecting the children’s lives. For example: education, medical problems, recreation, etc.

Q. My husband was in a car wreck and is the hospital. He was ordered to pay child support for our three children when we were divorced. Is he excused from paying while in the hospital? If he goes to jail for a DWI does that put his child support payments on hold?

A. No. Being in the hospital or convicted of a crime and then serving time will not put your ex-husband’s child support payments on hold. Unless your ex-husband has a fair amount of savings, you shouldn’t expect to receive much support while he is in jail. Even though he’s still required to make the payments, he won’t be earning any money while he’s there, and that will make it difficult, if not impossible, for him to make his required payments.

Q. I lost my job a few weeks ago, and that has made it impossible for me to make my child support payments to my ex-wife. Is there a way for me to put the payments on hold until I find a new job?

Probably not.

Although you could hire a lawyer and go back to court to seek a modification of your payments, by the time your case gets heard, you’ll either have a new job or you’ll be so far behind in your payments that you may never get back on track.

You could try talking to your ex-wife to see if she would informally agree to reduce your payments during this difficult period or go to mediation.

Another option is for you to pay as much as you can each month. That way, if you find yourself in court defending yourself, you can contend that you were trying your best to make the payments on time though you were out of work. But don’t forget interest adds up quickly on unpaid and underpaid amounts. Plus, you could get thrown in jail for failing to make the payments.

Q. When I was 18, I had a daughter which I placed up for adoption hours after her birth. It has been eighteen years and I know I did the right thing. Now, I am curious to see her and find out how things turned out for her. Is there any way for me to find out who adopted my daughter?

A. There may be help available if she wants to be found.

Generally it is difficult to find out who adopted your child, unless your child wants to contact you. The Texas Department of Protective and Regulatory Services maintains a Voluntary Adoption Registry. This system allows adopted children, birth parents, and biological siblings to locate each other if they wish. To get more information about registry contact:

Central Adoption Registry
Texas Department of Protective and Regulatory Services
703 W. 51st St.
Austin, Texas 78714-9030
1-800-233-3405

Q. My divorce will be finalized the 20th of July and my boyfriend wants us to get married on the 21st. One of my friends told me that I had to wait a year before marrying is she right?

A. No. Under Texas law you may marry 30 days after the day your divorce is decreed. In fact, in some cases you can marry even sooner. For example, if you wanted to remarry your ex-husband there is no waiting period. Also, in special circumstances a court may waive the 30 days prohibition if requested.

Q. I was divorced several years ago, but I now want to start using my maiden name. Do I just notify my friends and business associates of my name change?

A In Texas, a woman must legally change her name if she wishes to use her maiden name after a divorce. This is usually done as part of the divorce proceedings and much less expensive. In your case, however, it will be necessary to file a pleading called Petition For Name Change with the court requesting to change your name.

Q. Ten years ago before my wife and I got married, she bought a house. Five years after we got married, I used $25,000.00 of money that I inherited from my mom to pay off the mortgage. If we get a divorce is our home community or separate property? What are my rights?

A. The home is not community property. You have a right of reimbursement for the money you paid. If you can substantiate your claim, you should be entitled to be reimbursement to the $25,000.00 as your separate property and economic contribution.

Q. My husband and I are moving back to Texas from Maine this summer. After many long discussions we have agreed to a divorce. Since my husband will be staying in Maine for another month while I start my new job, can I file for a divorce as soon as I move to Texas?

A. No. You must have lived in this state for the preceding six months and a resident of the county where you will be filing for the preceding 90 days. If you want to get a divorce in Texas you will have to wait until you have made Texas your permanent home for six months. Then you can file where you have lived for the past 90 days. If you want a divorce sooner than that, you will probably have to file in the state where you presently live.