Sean Payton has not had the best time in 2012. First he was suspended for the entire 2012 season following the whole bounty debacle, reported the Associated Press. Now both he and his wife Beth Payton have filed opposing divorce petitions in Tarrant County, according to the Times-Picayune.
Sean Payton filed his petition on June 14th, requesting that their marital estate be divided outside of court and the two to have joint custody of their two children, reports the Times-Picayune. However, on June 26 Beth Payton filed her petition, which requested sole custody of the children, child support from Sean Payton, limited visitation for Mr. Payton, and for her to be the exclusive decision-maker in the children’s health, legal, and educational interests.
Some actions have already been taken by Mr. Payton, will they affect a decision concerning his rights to custody?
Apparently, Payton has moved out of the family home and has gone on vacation to the Bahamas, where he was seen doing the old bump and grind on the dance floor, according to TMZ.
Under Texas law, if divorcing parents cannot settle on a custody plan then the court will determine custody based on the best interests of the children. Also, since the children are both over 12, their wishes will be taken into consideration by the court when deciding how custody will be held.
Here, it is most likely that a court would give some sort of joint custody to Sean and Beth Payton. This is because Texas law provides that parents should share in the rights and duties of parenthood even after separation.
Even though Mr. Payton has been out dancing in the Bahamas, he has not done anything to harm his children or his relationship with his children. Without evidence of abuse or neglect, a court will be hard pressed to award sole custody in this situation, a result that would be similar, no matter what state the papers were filed in.
We’ll have to wait and see if Sean Payton and Beth Payton can reach a settlement regarding the custody of their children or whether their divorce will reach the levels of the Brown divorce earlier this year.
- Been Looking for a Texas Family Lawyer? (FindLaw)
- Child Custody in Texas (FindLaw)
- Antagonism in Brown Divorce Case Spreads to Attorneys (Houston Family Law Blog)
- Saints Bounty Appeal Denied by NFL, Payton Must Sit Out This Season (FindLaw’s Tarnished Twenty)