Many jurisdictions recognize a form of legal separation that is similar in many ways to divorce but does not result in the complete dissolution of a marriage. There is no such option in Pearland. While state law does not recognize the concept of legal separation, an experienced family law attorney could help address issues regarding child custody or support prior to a divorce.
If you have separated from your spouse, it may be necessary to involve the court to resolve issues of child support or custody. A Pearland separation agreements lawyer could help negotiate an arrangement that works to resolve these issues.
Although there is no such thing as legal separation according to state law, it is possible under some circumstances to obtain a court order setting out the custody and visitation rights of a parent prior to divorce.
This is particularly common among parents who have separated pending divorce. Divorce cases can take months or even years to resolve. Most parents separate during this process and live apart. The judge overseeing the divorce case could issue a temporary order addressing the care of a shared child. This temporary order could set child support payments and determine whether parents will share custody or if one parent will retain sole conservatorship of the child.
The courts are charged with overseeing issues of visitation and custody of a minor child, even when the parents have not yet divorced. To address this situation, the state has adopted a legal proceeding known as a Suit Affecting Parent-Child Relationship (SAPCR).
A SAPCR is only necessary for situations where a divorce is not pending. Once a couple has initiated the divorce process, the judge overseeing the case could issue a temporary order that determines where the children will live, who will make the important decisions regarding their health and wellbeing, and which parent will be responsible for paying child support.
When there is no divorce case, a SAPCR is the best option to secure a court order regarding child custody and visitation. This type of order is ideal for married parents who have separate but are not yet ready to pursue divorce. An attorney in Pearland could assist with pursuing a SAPCR by drafting an agreement for the parents to follow during separation.
One advantage of resolving a separation amicably is the power to make decisions without the need for court intervention. If two parents choose to separate without filing for divorce, they have the power to make any arrangement they choose regarding where and how their children live. A lawyer in Pearland could help negotiate the terms of a separation agreement with the other spouse.
There are numerous options available to a family, depending on their circumstances. While some parents opt to shuffle children back and forth between two houses, others may take a different approach. This could involve leaving the children in the family home while the parents rotate which nights they will stay there.
If you are considering a separation from your spouse and you have children, it is vital to take their needs into account. For many parents, issues of child custody are the most important aspects of a separation agreement.
Let a Pearland separation agreements lawyer assist you in drafting an arrangement that is fair and reasonable. Call today to speak with a compassionate member of our team could help you start the process and open channels of communication with your ex.