Divorce

To file for a divorce in Texas, one of the spouses has to have been a resident of the state for a continuous six-month period. In addition, one of the spouses must have been a resident of the county where the divorce is filed for at least 90 days.

In a Typical Texas Divorce Some, if Not All, of the Following Steps Occur:

One spouse (the petitioner), files an original petition for divorce with the court and has the papers personally served on the other spouse (the respondent). If the spouses are working together, the respondent can sign a waiver, giving up the right to be personally served with the papers.
At the time of filing, the petitioner can request that the court issue a standard Temporary Restraining Order. If a Temporary Restraining Order was issued, the court is supposed to schedule a hearing within 14 days of issuance. At that time, the court may make the Temporary Restraining Order into a temporary injunction against both parties.
After service, the respondent has 20 days plus the next following Monday to file a document called an answer. Commonly, the court will also consider temporary orders, which will be in effect while the divorce is pending. Temporary orders usually involve temporary custody, visitation, and support of the children, and temporary use of property and servicing of debt. It can include temporary spousal support and the payment of interim attorney’s fees and other issues as well.
If the spouses think they haven’t gotten all the information they need from each other, they can engage in discovery, which is the process by which they exchange information and documents.
The spouses discuss settlement of the case, either directly and informally or with the help of attorneys or mediators. If they can work out an agreement on everything, one of the spouses or attorneys will prepare an Agreed Decree of Divorce, which will contain all of the terms of the agreement. The spouses and their attorneys sign it and have to present it to the court for approval and the judge’s signature.
If the spouses are not able to agree on all of the issues in the case, a trial date will likely be set.
Before trial, spouses are required to attempt mediation. Mediation is an informal process allowing the divorcing couple to work with a neutral third party (the mediator) to negotiate and settle all terms of their conflict.
If mediation fails, the case goes to trial. At the conclusion of the trial, one of the attorneys will prepare a Final Decree of Divorce to present to the judge for signature. This will contain all of the court’s rulings and will resolve all issues pertaining to the divorce and is binding on the parties going forward.

Case Evaluation

After the Divorce is Filed, How Long Does It Take to Finalize?

In Texas, there is a minimum statutory waiting period of 60 days after the petition is filed before a divorce can be finalized. The divorce is final as soon as the judge pronounces it so in open court and signs the decree of divorce. If the spouses are not in agreement, it typically takes about six months to one year or longer to finalize a divorce, depending on the complexity of the issues and the degree of conflict.

What Are the Grounds for a Divorce?

Texas law allows for “no-fault” divorces. However, if one spouse is at fault for the breakup of the marriage, the court may take that into consideration in determining what is an equitable division of the couple’s property. You may want to include fault grounds in your petition for divorce if your estate is large enough.

How is Property Divided in Texas?

The court starts with a presumption that all the property earned or acquired by either spouse during the marriage is community property, owned equally by the spouses. If you have separate property you have to prove it by tracing it with “clear and convincing evidence.” Separate property includes property acquired prior to marriage or by just one spouse by gift or inheritance. The court divides community property between the spouses in a “just and right manner.” In most cases, that means a 50-50 split. In some cases, however, factors such as unequal earning power and fault in the marital relationship can affect the division of property.

Will the Court Order Permanent Alimony?

In accordance with Texas Spousal Support laws, the requesting spouse must meet one of four requirements:

The paying spouse was convicted of family violence within two years of the date of the filing of divorce;
The marriage was 10 years or longer, and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and cannot support himself or herself through appropriate employment because of an incapacitating physical or mental disability;
The marriage was 10 years or longer, and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and is the custodian of a child who requires substantial care and personal supervision, making it necessary for that spouse to remain at home with that child; or
The marriage was 10 years or longer, and the requesting spouse lacks sufficient property to provide for minimal needs (including property awarded in the divorce) and lacks earning ability in the labor market adequate to provide for minimal needs.

There are a lot of difference factors that the judge will consider before awarding spousal support in Texas.

It is imperative to contact an attorney that has the knowledge and experience necessary to guide you through the difficult terrain of divorce. Renken Law Firm has the experience and dedication necessary. Contact us for your free consultation.

Alimony and Spousal Support

While the terms alimony and spousal maintenance are often used interchangeably, they are very different things under Texas law. They both achieve the same goal during a divorce, however. They both allow one spouse to receive financial support from the other.

Renken Law Firm understands the distinction between alimony and spousal maintenance. Our understanding of the difference between these two means of financial support allows us to pursue an outcome that best meets your needs.

Alimony

Alimony is contractual in nature. The court does not have authority over alimony in Texas. Typically, it is limited to a period of time.

This type of financial support is most often used to correct an imbalance in the earning powers of two people going through a divorce. Our lawyers will talk to you about whether alimony may play a role in your divorce case.

Since alimony is contractual in Texas, it cannot be modified by the court.

Spousal Support/Spousal Maintenance

Spousal support is ordered by the court, not contractual. The Texas Family Code dictates when and for how long spousal support can be awarded. Because it’s court-ordered, spousal maintenance may be modified by court order. If there is a significant change in life circumstances, such as remarriage, a new job, a large raise, and more, the side paying spousal support may seek a modification.

Alimony and Spousal Maintenance Enforcement

If the alimony contract is not being paid or the spousal maintenance orders are not being followed, we can help. We can stand by your side to see that all agreements are being followed properly.

Contested Divorce

Texas courts give all divorcing couples the opportunity to decide on the terms of their divorce themselves, such as child custody, property division, and other critical matters. When a couple cannot agree on these terms, however, the court must step in to assess the couple’s circumstances and decide on the terms for them. This is known as a contested divorce in Texas.

If you are facing a contested divorce, it is highly advised that you speak with legal counsel immediately. Renken Law Firm is well-versed in the Texas divorce process. The team of compassionate and knowledgeable Houston attorneys knows what it takes to aggressively pursue favorable solutions for their clients in the courtroom and ensure that their interests are compellingly put forth before the judge.

The Contested Divorce Process

In Texas, the divorce process begins when one member of the couple files a Petition for Divorce with the court. When that happens, the other spouse can receive legal notice several different ways. The non-filing spouse can then provide an answer expressing that they do not agree with the terms of the divorce and wish to contest them.

Once a Divorce Petition is Contested in Texas:

The court may issue a temporary order considering child custody, spousal support, exclusive use of the residence, etc. for the duration of the divorce.
The couple enters a discovery phase, in which they receive each other’s financial information and other relevant documentation.
The court will require an attempt at mediation to settle all disagreements over the divorce terms.
If mediation fails, there will be a trial where a judge will assess the couple’s marriage and make a ruling on the divorce terms.

These are the broad strokes of the contested divorce process. Renken Law Firm will aggressively pursue your interests in mediation and at trial, if necessary.

Divorce Process

Renken Law Firm have the compassion and trial lawyer skills to tell your story to a jury.

If you’re considering divorce, you’re not alone. Each year over 75,000 people divorce in Texas, and 40 to 50 percent of all first-time marriages end in divorce. January is typically the most common month for divorce, with couples staying together through the holidays and separating soon after.

No matter what your reason for ending your marriage, if you’re filing for divorce in Texas, there are several important things you should know about the law.

Divorce in Texas is a Lengthy Process.

If you’re hoping for a speedy divorce, it probably won’t happen. In Texas, there is a minimum statutory waiting period of 60 days after a petition is filed. It typically takes about six months to one year or longer to finalize a divorce, depending on the complexity of the issues and the degree of conflict.

No Legal Separation.

Texas does not recognize legal separation. This means that even when you are living apart from your spouse, all of the property you or your spouse acquire is community property—regardless of the way it is titled—and all debt you or your spouse acquire is community debt. Simply put, you are married until you are legally divorced. Make sure you take that into consideration during the divorce process so that there are no surprises.

“No-Fault” Divorce in Texas.

Texas law allows for “no-fault” divorce, which means the spouse filing for divorce does not have to prove any fault, wrong doing, or marital misconduct on the part of the other spouse. However, a judge may take fault into consideration when determining what is a fair division of the parties’ marital property.

Divorce in Texas is Not an Easy Process

Getting divorced is a complicated process. Attorneys attend school for years to understand all that the legal system encompasses. While you can technically represent yourself in a divorce suit, it can be a difficult process and end up costing you time, money, and stress.

When contemplating a divorce, it is imperative that you consult with an attorney. Renken Law Firm, PLLC can help you efficiently navigate the process. Even if your divorce becomes emotional, we are an objective third party who will remain calm and keep your best interests in mind.

Having the Right Attorney Can Make the Difference

It’s important to select an attorney you are comfortable with and to whom you can confide. Divorce is intimately personal, and the attorneys at Renken Law Firm understand that. Our representation begins with a free consultation where you have an opportunity to meet us and begin to form that relationship necessary to succeed. Renken Law Firm practices exclusively family law, we do not dabble. Having an experienced, aggressive, knowledgeable attorney at your side is the key to having a successful divorce.

Property Division

Every divorce involves division of property and debts. The basic steps in this process are:

Determine what is community property and what is separate property.
Determine the value of community property.
Decide on a division of community property that is “fair and just.” In Texas, “fair and just” is often a 50-50 property division; however, you can request a disproportionate share, and courts will frequently award one spouse more than 50% of the community property.

What Property is Divided in a Divorce?

The court can only divide and award the “community estate” in a divorce. The community estate consists of community property and debts acquired or incurred during the marriage. Community property is presumed to include all property and income acquired by the husband and wife during the marriage (including income earned after a divorce is filed up until the divorce is actually granted). Separate property is property owned by a spouse before a marriage or property a spouse receives during a marriage by way of inheritance or gift (including a gift from the separate property of one spouse to the other). If separate property, such as a rental house, generates income during the marriage, that income is community property.

How is Community Property Divided?

The best way to divide community property is for the spouses to agree on a fair division. If the husband and wife cannot agree how to divide things, Texas law requires the judge to divide community assets and liability in a way that is “just and right.” This does not always mean that community property is divided evenly.

Division of community assets as part of a trial before a judge requires each side in a divorce to prepare an Inventory and Appraisement. Each side will file a sworn inventory and appraisement that lists all property and debts (community and separate) and shows the approximate value or amount of each. Often, the two inventories do not agree. The judge will use the inventories as a guide to deciding the property division. During the trial, evidence will be submitted about the nature and value of property. Sometimes, the parties hire expert appraisers to decide what land or businesses are worth.

When Will a Judge Make an Uneven Division of Property?

The judge can award an unequal division of community assets and/or debts after considering all relevant factors that include:

Who was at fault in breaking up the marriage
The earning capacities and education of the parties
The parties’ ages and health, any special needs of the children; and
The separate property owned by either spouse

The two primary reasons that divorce judges will award one spouse more than 50% of the community property are big difference in the ability to earn money in the future and fault in the break up of the marriage.

How Are Community Debts Divided?

Community debts are also divided by the court on a “just and right” basis. However, a divorce decree cannot rewrite a mortgage or loan agreement. If, for example, the judge decides the husband must pay a certain loan but the loan was taken in both parties’ names, the creditor will usually look to the wife to pay if the husband does not or cannot repay the loan.

This is a very brief outline of property division in Texas. There are numerous other factors that can contribute to the division of property in debt, including reimbursement, reconstitution for waste, etc. It is imperative that you hire a lawyer familiar with the process and the law. Renken Law Firm exclusively handles family law cases. We will aggressively pursue any avenue you request to ensure that your community estate is divided fairly and equitably.

Same Sex Couples

After the groundbreaking June 26th, 2015 ruling by the United States Supreme Court, same-sex marriage is now legalized in all states. Seen as one of the greatest victories for LGBT rights activists, this decision affects more than just marriage for same-sex couples, as it also opens the door for various other family law matters.

However, as more laws become available to same-sex couples, it is entirely likely that more legal concerns and litigation may also arise. The correct choice is to seek professional counsel as soon as you encounter complexities with your newfound rights or feel that someone is infringing upon them.

With the Right to Marry Comes the Right to Divorce

Although courts and lawmakers are still sorting through the specifics of the Supreme Court’s ruling, it is clear that same-sex couples should be granted all the same rights surrounding marriage as other couples. This even includes the right to dissolve their marriage through divorce or legal separation. Whether the decision to end your same-sex marriage was contested, uncontested, or collaborative, Renken Law Firm can help you navigate through the specifics of your case.

We Can Help You With:

Child Custody
Child Support
Mediation
Prenuptial/Postnuptial Agreements
Property Division
Visitation
Adoption
Child Abuse
Domestic Violence
Modifications to Agreements/Rulings

The recently established rights are not only center around divorce, though. Our firm is more than ready to help you understand other family law issues that may be important to you now.

Standard Possession Order

Renken Law Firm has the compassion and trial lawyer skills to tell your story to a jury.

When parents are involved in a divorce that includes children, they often times do not understand the Standard Possession Order visitation schedule. It is important to keep in mind that, under certain circumstances and depending on the age of a child, a judge may alter the standard possession order in any way that serves the best interest of the child. It is important to speak with your attorney about changes that can be made to the standard possession order and the ones that each judge is most likely to make.

The following is the standard possession order for a parent who lives within 100 miles of their child under the Texas Family Code.

IT is ORDERED that the conservators shall have possession of the child at times mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession of the child under the specified terms set out in this Standard Possession Order.

Parents Who Reside 100 Miles or Less Apart

Except as otherwise explicitly provided in this Standard Possession Order, when possessory conservator resides 100 miles or less from the primary residence of the child, possessory conservator shall have the right to possession of the child as follows:

Weekends: On weekends that occur during the regular school term, beginning at the time the child’s school is regularly dismissed (or at 6:00 PM.) on the first, third, and fifth Friday of each month and ending at the time the child’s school resumes after the weekend (or at 6:00 PM. on Sunday). On weekends that do not occur during the regular school term, beginning at 6:00 PM on the first, third, and fifth Friday of each month and ending at 6:00 PM on the following Sunday.
Weekend Possession Extended by a Holiday: Except as otherwise explicitly provided in this Standard Possession Order, if a weekend period of possession by Conservator begins on a Friday that is a school holiday during the regular school term or a federal, state, or local holiday during the summer months when school is not in session, or if the period ends on or is immediately followed by a Monday that is such a holiday, that weekend period of possession shall begin at the time the child’s school is regularly dismissed on the Thursday immediately preceding the Friday holiday or school holiday or end on that Monday holiday or school holiday at the time school resumes after that school holiday, as applicable.
Thursdays: On Thursday of each week during the regular school term, beginning at the time the child’s school is regularly dismissed (or at 6:00 PM.) and ending at the time the child’s school resumes on Friday (or at 8:00 PM. that same day).
Spring Break in Even-Numbered Years: In even-numbered years, beginning at the time the child’s school is regularly dismissed on the day the child is dismissed (or at 6:00 PM.) from school for the school’s spring vacation and ending at the time school resumes after that vacation (or at 6:00 PM. on Sunday).
Extended Summer Possession by Possessory Conservator: With Written Notice by April 1—If Possessory Conservator gives Managing Conservator written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, Possessory Conservator shall have possession of the child for thirty days beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, as specified in the written notice, provided that the period or periods of extended summer possession do not interfere with Father’s Day Weekend. These periods of possession shall begin and end at 6:00 PM.

Without Written Notice by April 1—If the possessory conservator does not give managing conservator written notice by April 1 of a year specifying an extended period or periods of summer possession for that year, possessory conservator shall have possession of the child for thirty consecutive days in that year beginning at 6:00 PM. on July 1 and ending at 6:00 PM. on July 31.

Not with standing the Thursday periods of possession during the regular school term and the weekend periods of possession ORDERED for possessory conservator, it is explicitly ORDERED that managing conservator shall have a superior right of possession of the child as follows:

Spring Break in Odd–Numbered Years: In odd-numbered years, beginning at 6:00 PM on the day the child is dismissed from school for the school’s spring vacation and ending at 6:00 PM on the day before school resumes after that vacation.
Summer Weekend Possession by Managing Conservator: If Managing Conservator gives Possessory Conservator written notice by April 15 of a year, Managing Conservator shall have possession of the child on any one weekend beginning at 6:00 PM on Friday and ending at 6:00 PM. on the following Sunday during any one period of the extended summer possession by Possessory Conservator in that year, provided that Managing Conservator picks up the child from Possessory Conservator and returns the child to that same place and that the weekend so designated does not interfere with Father’s Day Weekend.
Extended Summer Possession by Managing Conservator: If Managing Conservator gives Possessory Conservator written notice by April 15 of a year or gives Possessory Conservator fourteen days’ written notice on or after April 16 of a year, Managing Conservator may designate one weekend beginning no earlier than the day after the child’s school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by Possessory Conservator shall not take place in that year, provided that the weekend so designated does not interfere with Possessory Conservator’s period or periods of extended summer possession or with Father’s Day Weekend.

Holidays Unaffected by Distance

Notwithstanding the weekend and Thursday periods of the possession of possessory conservator, the managing conservator and possessory conservator shall have the right to possession of the child as follows:

Christmas Holidays in Even-Numbered Years: In even-numbered years, possessory conservator shall have the right to possession of the child beginning at the time the child’s school is regularly dismissed(or at 6:00 PM.) on the day the child is dismissed from school for the christmas school vacation and ending at noon on December 28, and managing conservator shall have the right to possession of the child beginning at noon on December 28 and ending at 6:00 PM. on the day before school resumes after that Christmas school vacation.
Christmas Holidays in Odd-Numbered Years: In odd-numbered years, the managing conservator shall have the right to possession of the child beginning at 6:00 PM, on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the possessory conservator shall have the right to possession of the child beginning at noon on December 28 and ending at the time the child’s school resumes after that Christmas school vacation.
Thanksgiving in Odd-Numbered Years: In odd-numbered years, the possessory conservator shall have the right to possession of the child beginning at the time the child’s school is regularly dismissed (or at 6:00 PM.) on the day the child is dismissed from school for the Thanksgiving holiday and ending at the time the child’s school resumes after that Thanksgiving holiday (or at 6:00 PM. on Sunday).
Thanksgiving in Even-Numbered Years: In even-numbered years, the managing conservator shall have the right to possession of the child beginning at 6:00 PM on the day the child is dismissed from school for the Thanksgiving holiday and ending at 6:00 PM on the Sunday following Thanksgiving.
Child’s Birthday: If a conservator is not otherwise entitled under this standard possession Order to present possession of the child on the child’s birthday, that conservator shall have possession of the child and the child’s minor siblings beginning at 6:00 PM and ending at 8:00 PM on that day, provided that that conservator picks up the child from the other conservator’s residence and returns the child to that same place.
Father’s Day Weekend: Father shall have the right to possession of the child each year, beginning at 6:00 PM on the Friday preceding Father’s Day and ending at 6:00 PM on Father’s Day, provided that if Father is not otherwise entitled under this standard possession order to present possession of the child, he shall pick up the child from the other conservator’s residence and return the child to that same place.
Mother’s Day Weekend: Mother shall have the right to possession of the child each year, beginning at 6:00 PM on the Friday preceding Mother’s Day and ending at 6:00 PM on Mother’s Day, provided that if Mother is not otherwise entitled under this standard possession order to present possession of the child, she shall pick up the child from the other conservator’s residence and return the child to that same place.

General Terms and Conditions

Except as otherwise explicitly provided in this Standard Possession Order, the terms and conditions of possession of the child that apply regardless of the distance between the residence of a parent and the child are as follows:

Surrender of Child by Managing Conservator: Managing Conservator is ORDERED to surrender the child to possessory conservator at the beginning of each period of possessory conservator’s possession at the residence of managing conservator. If a period of possession by the possessory conservator begins at the time the child’s school is regularly dismissed, managing conservator is ORDERED to surrender the child to the possessory conservator at the beginning of each such period of possession at the school in which the child is enrolled. If the child is not in school, the possessory conservator shall pick up the child at the residence of the managing conservator at 6:00 PM., and the managing conservator is ORDERED to surrender the child to the possessory conservator at the residence of the managing conservator at 6:00 PM. under these circumstances.
Surrender of Child by Possessory Conservator: The possessory conservator is ORDERED to surrender the child to the managing conservator at the residence of the managing conservator at the end of each period of possession.
Return of Child by Possessory Conservator: Possessory conservator is ORDERED to return the child to the residence of the managing conservator at the end of each period of possession. However, it is ORDERED that, if managing conservator and possessory conservator live in the same county at the time of rendition of this order, possessory conservator’s county of residence remains the same after rendition of this order, and managing conservator’s county of residence changes, effective on the date of the change of residence by managing conservator, possessory conservator shall surrender the child to managing conservator at the residence of possessory conservator at the end of each period of possession. If a period of possession by the possessory conservator ends at the time the child’s school resumes, the possessory conservator is ORDERED to surrender the child to the managing conservator at the end of each such period of possession at the school in which the child is enrolled or, if the child is not in school, at the residence of managing conservator at [address].
Surrender of Child by Possessory Conservator: Possessory conservator is ORDERED to the surrender the child to managing conservator, if the child is in the possessory conservator’s possession or subject to the possessory conservator’s control, at the beginning of each period of the managing conservator’s exclusive periods of possession, at the place designated in this Standard Possession Order.
Return of Child by Managing Conservator: Managing conservator is ORDERED to return the child to the possessory conservator, if the possessory conservator is entitled to possession of the child, at the end of each of the managing conservator’s exclusive periods of possession, at the place designated in this Standard Possession Order.
Personal Effects: Each conservator is ORDERED to return with the child the personal effects that the child brought at the beginning of the period of possession.
Designation of Competent Adult: Each conservator may designate any competent adult to pick up and return the child, as applicable. It is ORDERED that a conservator or a designated competent adult be present when the child is picked up or returned.
Inability to Exercise Possession: Each conservator is ORDERED to give notice to the person in possession of the child on each occasion that the conservator will be unable to exercise that conservator’s right of possession for any specified period.
Written Notice: Written notice shall be deemed to have been timely made if received or postmarked before or at the time that notice is due.
Notice to School and Managing Conservator: If the possessory conservator’s time of possession of the child ends at the time school resumes and for any reason the child is not or will not be returned to school, the possessory conservator shall immediately notify the school and managing conservator that the child will not be or has not been returned to school.

This concludes the Standard Possession Order.

Uncontested Divorce

An agreed or uncontested divorce saves a lot of stress, time, and money for both spouses. A divorce is considered “uncontested” if both agree on property division and child custody and support issues (if there are children involved).

At Renken Law Firm, PLLC, our attorneys and legal staff help you keep the legal expenses of your uncontested divorce to a minimum while assuring that all the legal requirements have been met. If you have questions about uncontested divorces or any family law issues, contact us.

If the Case is Uncontested, Do Both Sides Hire a Lawyer?
How is an Uncontested Divorce Handled?
What is a Waiver of Citation?
What is the Divorce Decree?
What Happens at Court When an Uncontested Divorce is Presented?

If the Case is Uncontested, Do Both Sides Hire a Lawyer?

In uncontested cases, usually only one of the spouses hires an attorney to prepare the necessary paperwork. A lawyer can never represent both sides in a divorce. If, for example, the husband hires a lawyer in an uncontested divorce, that lawyer will prepare and file the divorce petition and draft the waiver of citation and divorce decree. The lawyer will also go to court with the husband to get the divorce approved by the judge.

How is an Uncontested Divorce Handled?

Once the divorce petition has been filed and the waiver of citation signed, a final divorce decree is prepared and signed by both sides. There is a 60-day waiting period for divorces in Texas, meaning that a divorce cannot be granted until 60 days after a divorce petition is filed. The final step is for the husband or wife and a lawyer to go to court to get the judge to approve the divorce and sign the decree.

What is a Waiver of Citation?

In the usual lawsuit, one party files and the other gets served with the suit by a constable or process server. In an uncontested divorce (where saving money is important), the divorce petition is simply sent to the other spouse along with a waiver of citation. The husband or wife who signs the waiver is merely acknowledging that he or she has received the divorce petition and does not need to be officially served. The waiver also allows the final divorce hearing to be held without that person being present and says a court reporter does not need to record what is said. Always read documents prior to signing. Be wary of waivers that say much more than a waiver of service.

What is the Divorce Decree?

The divorce decree is the official document signed by the judge. The decree divorces the parties, orders how property and debts are divided, and provides for child custody, visitation, support, etc.