Uncontested divorce with kids

What if we have children?


We cater for families with children, either born or adopted, of the marriage. If you or your spouse have had a child with a third party during the marriage, then the appropriate paternity documents will need to be filed with the court. If you and/or your spouse currently share custody of one or more children with a third party (including grandchildren), then we can not offer our Uncontested Divorce service. If you have any further questions, please contact us to set up an appointment.




Will child support automatically be deducted from my pay check?


Not automatically. If you or your spouse would like to have the child support payments automatically drafted, then you will need to set up an account with the office of the Attorney General. Please note, we do not represent you in any dealings with the office of the Attorney General.




What options do I have with regards to child custody?


We only provide for Joint Managing Conservatorship ("JMC") in our Uncontested Divorce. Both parents have strong rights to have a relationship with the child in the State of Texas, so JMC is the presumed standard for custody. If you are looking to terminate or restrict the rights of a parent / conservator, then please contact us to discuss your options over a free 30 min consultation.




Can we agree to no child support?


Your decree must show how you and your spouse intend to look after the best interests of the child after the divorce. In all likelihood, one party will be expected to pay child support in an amount equal to the Texas Guideline and/or provide health insurance for the child. It is possible to agree to not have child support, but you will need to meet certain conditions - conditions that may be subject to change in Texas Law. Even if you do agree to no child support in the decree, it is generally frowned upon by the courts and judges have been known to step in and amend the decree.




What options do I have with regards to visitation?


We do allow for some flexibility beyond the Modified Standard Possession Order. You can choose either a one-week-on-one-week-off arrangement (if you live within 100 miles of each other) or a first, third and fifth (weekend) arrangement as suits. Please note that we do not offer substitutions and there are some limitations to what we can offer as some changes may: - not be in your best interests, - be impractical, or even - violate the spirit or letter of Texas Law. It is worth noting that the decree does give you and your spouse the ability to make alternative arrangements to visitation - so long as you both agree to the changes in advance. If you are concerned about a specific requirement then please contact us to see if it can be accommodated.




What does it mean to have "Primary" of the child?


Primary is often misconstrued and misunderstood. In fact, it is not even a recognized term in the decree.

To most people Primary represents the person that the child will live with the most, but it is in fact the exclusive right of one conservator (parent / guardian) to designate where the child lives.

If you agree to not have a Primary, you and your spouse will need to agree to a geographic restriction.





Lauren Carrington Smyth

Managing Partner

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Carrington Smyth PLLC is licensed to practice law in Texas (2005), Washington, D.C. (2006) and England & Wales (2011).

 

Principal Law Office based in San Antonio, Texas

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