An introduction into Divorce and Custody cases in Harris County Texas. Includes how to get help from a family law attorney when you need one.

1. WHAT
MATTERS AT
THE END:
KIDS AND
PROPERTY

2. Property Division in Divorce
What do we care
about?
Property Division Formula (More or Less):
(Community Property - Reimbursement) x Fault = Division of the
Estate

3. What is Community
Property?
Property that is not separate
property, acquired by either spouse
during the marriage

4. Claims for
Reimbursement
In All Fairness

5. “We all have faults, mine is being
wicked.
- James Thurber

6. Division of Property
“What’s yours is mine and what’s mine is my
own.”
- James Joyce
Or maybe not...

7. WHO GETS THE
KIDS?
how to make sure it’s you

8. 1. The desires of the child,
2. The emotional and physical
needs of the child now and
in the future,
3. The emotional and physical
danger to the child now
and in the future,
4. The parental abilities of the
individuals seeking
custody,
5. The programs available to
assist those individuals to
promote the best interest
of the child,
THE COURT CAN CONSIDER
6. The plans for the child by
these individuals,
7. The stability of the home,
8. Acts or omissions of the
parent which may indicate
that the existing parent-
child relationship is not a
proper one, and
9. Any excuse for a parent’s
acts or omissions

9. TOOLS THE COURT CAN USE
CHILD CUSTODY
EVALUATION
A third party who looks
at the conditions of any
person seeking
managing
conservatorship and
makes a
recommendation to
the court on the best
interest of the child
AMICUS ATTORNEY
A neutral Attorney that
the court appoints to
represents the interest
of the child
EXPERTS WITNESSES
Usually a third party
“expert” that one of the
parties hires to give an
opinion about a
specific subject.
(Doctors, Psychologist,
Counselors, etc)

10. WHAT TOOL SHOULD YOU USE?
CHILD CUSTODY
EVALUATION
AMICUS ATTORNEY EXPERTS WITNESSES
$ $$ $$$

11. Joint Managing Conservatorship
Parent A Parent B

12. Sole Managing Conservatorship
Parent BParent A

13. SHOULD
YOU GET
SOLE
CUSTODY?
Probably not…..

14. REASONS THE COURT CAN
CONSIDER SOLE VS. JMC
1. How will shared parenting affect the kid’s physical,
psychological, or emotional needs?
2. Can the parent put the kid’s needs over their own?
3. Can the parents encourage and accept a good
relationship between the kid and the other parent?
4. Do both parents participated in child care?
5. How close the parents live to each other?
6. If the child is 12 years of age or older, the child's
preference, and
7. Any other relevant factor.

15. WHEN DO I GET
TO SEE MY KID?

16. STANDARD POSSESSION ORDER

17. What is the SPO?
1st, 3rd, and 5th Friday
throughout the year
beginning at 6 p.m. and
ending at 6 p.m. on the
following Sunday
Thursdays of each week
during the regular
school term beginning
at 6 p.m. and ending at
8 p.m
Figure out your specific order by going to: https://bit.ly/2rAqiNY

19. NOT PAYING IS NOT AN OPTION
○ Child support is an obligation you have to help
support your kid
○ Normally uses the child support guidelines
● 20% for one kid
● 25% for two kids
○ Determined by your net income
● Total income - (SS, Taxes, Medical Support for kids)
Net Income

20. ADDITIONAL SUPPORT
○ Cash medical
● Payments you make if the kids are on medicare
or CHIP
○ Medical Insurance
○ 50/50 Split of anything not covered by
insurance
● I.e. co-payments
○ Dental Insurance
● As of September 1, 2018

21. Suit Affecting Parent Child
Relationship
Petition Asks the Court to solve a custody problem
Temp Order Court issues temporary rules for the case
Discovery Figure out the facts of the case
Mediation Attempt to reach an agreement
Trial Tell your story to the Judge / jury

22. 62%
Percent of people who handle family law
cases without an attorney
“I don’t need any”
Most common reason why people don’t seek help
63,534
New family law cases in 2017

23. WHERE TO GET HELP
Free Easy Ipsum dolor amet dolor
● Texaslawhelp.org
● Harris County Law Library
● HVL Self Help Clinics
1
Self Help Forms
● Lone Star Legal Aid
● Houston Volunteer Lawyers
● UHLC Legal Clinics
2
Legal Aid
Providers
● Access Justice Houston
● Some private bar attorneys3
Low Bono and
Unbundled
Services
● Houston Lawyer Referral
Service4
Private Bar
Attorneys

24. THANKS!
Any questions?
You can find us at:
https://Accessjusticehouston.org
Mdunham@accessjusticehouston.org
Devans@accessjusticehouston.org
Find the presentation at https://bit.ly/2rDmomL