Cox & Rodnick Family Law Texas

At the Law Office of Amie Rodnick, we have long experience helping clients in the Austin, Texas, area with their divorce and family law concerns. Our focus is on taking the approach that is best for each client, which is why we practice collaborative law, mediation and traditional litigation.

Issues affecting your family and children deserve the fullest possible attention from an experienced lawyer who is familiar with the family law that applies to your case and the variety of ways these cases can be resolved.

Overview: Texas Family Law

Family law is the term applied to the laws and rules developed regarding family relationships. Family law rules define not only the relationships between members of a family but also between a family and society as a whole. More than any other area of the law, family law reflects the values society shares regarding how people who are related should treat each other.

When you are faced with an important life decision regarding a key family relationship, a family law attorney can help you make those decisions.

Texas District Courts

In Texas, the district courts are trial courts of general jurisdiction. Each county is served by at least one district court. In sparsely populated areas, a single district court may serve multiple counties, while a densely populated county may be served by multiple district courts. Most district courts handle criminal and civil cases, but courts located in densely populated areas may specialize in civil, criminal, juvenile, or family law matters. In counties served by a family district court, the family district court has primary responsibility for family law matters. Government Code § 24.601. Family law matters include:

Adoptions
Birth records
Divorce and marriage annulment
Child welfare, custody, support and reciprocal support, dependency, neglect, and delinquency
Parent and child
Husband and wife

The Role of Family Law Attorneys

Typically, family law attorneys assist people in making and breaking family relationships. Depending on the circumstances of the case and the desires of the parties, a family law attorney may use mediation, arbitration, litigation, or collaborative law procedures to help her or his clients to resolve their family law matters. Specific areas of representation include:

Marriage and relationship planning. Texas favors marriage over co-habitation of unmarried couples and recognizes ceremonial and common law marriages.
Dissolution of marriage. In Texas, a suit for dissolution of marriage is a suit for divorce, a suit for annulment, or a suit to declare a marriage void.
Paternity. A paternity suit to establish a parent-child relationship may be necessary before a court may render an order relating to matters such as child custody / visitation or child support.
Child custody. Whether physical custody of a child should be awarded to one parent or divided between the parents (joint managing conservatorship), and the division under a joint custody arrangement is primarily governed by statute. However, Texas courts have discretion to order child custody arrangements in the best interest of the child.
Child support. In Texas, a minor has a statutory right to parental support. Matters involving child support, including medical support, are primarily governed by statute.
Family violence. To stop or prevent family (domestic) violence or dating violence a person in Texas may file an application for a protective order with the court. In general, a request for a protective order will be granted if the court finds that family violence has occurred and is likely to occur in the future.
Adoption. Adoption creates the legal relationship of parent and child between persons who are not so related. In Texas, adoption generally creates all of the rights and obligations that exist between natural parent and child.

Family relations create a host of legal consequences. Whether you are contemplating marriage or divorce, considering adoption, or seeking relief from family violence, contact a family law attorney for help in resolving your family law matter.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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Frequently Asked Questions about Texas Family Law

Q: What are the legal requirements for a ceremonial marriage in Texas?

A: A ceremonial marriage in Texas is valid if the parties have the capacity to marry, consent to marry, and are in substantial compliance with the formal requirements for a ceremonial marriage. The formal requirements for a ceremonial marriage are a marriage license issued by a county clerk, a marriage ceremony performed by an authorized person, and the return of the marriage license to the county clerk after the ceremony.

Q: What duties does each spouse have to the other spouse?

A: In Texas, each spouse has the duty to support the other spouse, and a spouse who fails to discharge the duty of support is liable to any person who provides necessaries to the spouse to whom support is owed. Family Code § 2.501. There is no precise definition of "necessaries," but whether goods provided are necessaries is typically determined by consideration of the "condition and station in life of the parties." Daggett v. Neiman-Marcus Co., 348 S.W.2d 796, *799 (Tex.Civ.App.1961).