January 2002 - Law Firm The Law Office of Zoe Meigs, P.C. Attorneys Fort Worth, Texas

January 2002

FACTORS IN CUSTODY CASES

In cases where the custody of a child is in question, the parents (or other persons) who are asking to be given custody will be asked by the opposing attorney what role they have been playing in the child's life. To prepare to answer that question, it would be wise to have a list of tasks that you perform for or in relation to the child. To get you started thinking, here is a list of specific tasks. If you are involved in a custody case or think that you may be, this list should be helpful. Of course, even if you aren't anticipating a custody dispute, this list may help you assess whether you are doing your fair share of the tasks related to child rearing in your home.

Taking to/picking up from school
Taking to/picking up from sports activities
Taking to/picking up from lessons
Coaching sports teams
Arranging play dates
Hosting play dates
Taking to/picking up from birthday parties
Hosting birthday parties
Shopping for gifts for the child's friends
Shopping for gifts for child
Shopping for school supplies
Shopping for toiletries
Shopping for child's clothing
Taking to doctor
Taking to dentist
Taking to orthodontist
Making doctor/dentist appointments
Taking care of sick child
Hiring babysitters
Picking up/dropping off babysitter
Arranging daycare
Taking to/picking up from daycare
Planning holidays
Planning vacations
Teaching values
Teaching manners
Monitoring chores
Teaching sex education
Taking to Park
Playing with indoors
Playing with outdoors
Cleaning home
Maintaining home

PARENTING CENTER CLASSES

I will start volunteering this month at the Parenting Center in Fort Worth. I am looking forward to my training which will involve attending some classes on parenting. One class is called "Positive Communication" and is offered January 9. Call the Parenting Center at (817) 332-6348 to find out more or to register. A good choice for many of us would be the class titled "Strengthening Your Stepfamily" which is offered on February 7 at the Arlington center. I see so many cases involving conflict within stepfamilies. Call the phone number above for information on registering. Also see the website for the Parenting Center at www.TheParentingCenter.org. Please note that the Parenting Center will also soon be offering the Kids First classes that Tarrant County family law courts often order divorcing parents to take.

ADULTERY

Divorce is a painful process for almost all involved. It is often made worse when one or both spouses has committed adultery. Generally speaking, however, the Tarrant County family law courts do not tend to weigh that factor very heavily in making decisions about custody of children or division of property in a divorce. Issues regarding who caused the break up of the marriage, who is cheating or who has moved in with her new boyfriend, are often ignored.

Yes. Adultery is one of the grounds for divorce. The Texas Family Code states that "the court may grant a divorce in favor of one spouse if the other spouse has committed adultery." This does not, however, mean that adultery will affect child custody or property division decisions.

The fault in the break up of the marriage may be considered as one of the factors when the court decides whether to split the marital property evenly between the spouses or order a disproportionate split such as sixty per cent to one spouse and forty per cent to the other. Further, in determining the amount, duration and manner of payment of spousal maintenance (after the court has determined that a spouse is eligible to receive maintenance), the court is required to consider as one of a list of factors, "marital misconduct of the spouse seeking maintenance."

The adultery might also matter in a case in which the guilty spouse has been spending money to wine and dine the paramour. In a custody battle it might matter if the dad or mom allows the children to witness sexual activity. Sometimes a court will order as a part of Temporary Orders that one or both of the spouses may not have overnight guests of the opposite sex. A court may even go so far as to order the cheating spouse not to have a certain person present during the time that the children are staying with him or her.

I have had a few calls from people who ask me whether they can sue or recover damages from the girlfriend or boyfriend of the spouse. The answer is "no." The cause of action one would pursue against the girlfriend or boyfriend when wronged by a cheating spouse is called alienation of affection. The Texas Family Code specifically prohibits "a right of action by one spouse against a third party for alienation of affection."

Please note that I am generalizing about adultery. Depending on the circumstances and the behavior of the spouse and the girlfriend or boyfriend, the adultery may play a larger and more significant role in the divorce. One family law judge may weigh the adultery more heavily than another. One cannot expect, however, the court to care as much as the wronged spouse cares in such a hurtful situation. The court's job, according to the Texas Family Code, is to "order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage."

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