Reports of Angeline Jolie’s divorce filings indicate that she is seeking to prevent Brad Pitt from having joint physical custody of their 6 children, citing alleged substance abuse and anger issues. Is this possible in Texas?
Here, the law provides a presumption that parents sharing joint custody (or joint managing conservatorship, to be more specific) is in the best interest of a child. In order to rebut that presumption, Angelina would need to clearly show a court that Brad’s appointment as a conservator would not be in the best interest of their children because it would significantly impair the children’s physical health or emotional development. For example, Angelina would need evidence that Brad has endangered their children while under the influence of drugs or alcohol, or that he consumes drugs or alcohol when he is with the children, or that he consistently exhibits angry, scary, even violent outbursts in front of the children.
Reports also note that Angelina Jolie is not asking for spousal support, and she would not qualify for it in Texas, either. Although she and Brad were very much together for over ten years, they’ve only been married for two. To be eligible to receive spousal maintenance in Texas, spouses must have been married for at least ten years, and then meet a variety of other requirements depending on the circumstances of the request. Here’s hoping that their children remain happy and protected throughout this process no matter what happens.
