Parenting and the Right of First Refusal

Parenting and the Right of First Refusal

Parenting can be tough when you are undergoing a divorce as well as it is after a divorce. As a parent, you would want to be in a good co-parenting relationship with your ex-spouse once the divorce is finalized. You are probably aware that the toughest elements of the divorce are being felt by your child the most. Your child might understand more than what he or she lets on. It is your responsibility to deal with issues with your spouse so you can both be good parents to your child despite the divorce.   Right of First Refusal   When you are finalizing your divorce, you are probably negotiating with your soon-to-be-ex-spouse about many things concerning your family, especially child support and custody issues. You need to be aware that whatever you agree to during this period will be used as the standard of how you get on with your lives after the divorce. When the orders about your children in your Final Decree rolls out, you must know that this will be what you need to follow until your child’s 18th birthday. You and your spouse will have to concede certain issues to each other until you can […]

stepparent adoption in texas

The Basics for Stepparent Adoption in Texas

Stepparent adoption cases are not exactly the most common type of cases a family law attorney encounters. When it does happen, the other parent of the child is usually deceased or at least not actively involved with the child. This is usually the part of the case which is conflicted. The thing is, in order for a stepparent to legally adopt a child, the parental rights of the other parent should be terminated first. Some families are not too happy with this fact. In case you are a stepparent who is interested in starting the process of a stepparent adoption, you need a lot of information to help you through the tough parts. You might even need the assistance of an expert family lawyer. In family law, there are always steps to follow – just like in any aspect of the legal system. You will really need to complete each step and requirement if you want to have a successful adoption later on. There are also issues that are better off foreseen so load yourself up with information as early as possible to avoid facing difficulties later on your stepparent adoption case. Stepparents Gaining Rights and Duties Parental rights can […]

Typical child visitation schedule in Texas

An Overview of the Standard Visitation Schedule in Texas

Most of the time, parents undergoing a divorce find their child visitation schedule one of the most difficult things thing to deal with.  Child custody and divorce is challenging enough, but dealing with the changes where you’d have to visit your child while following a tight schedule is pretty tough. Parents facing this scenario tend to disagree on who gets to spend time with the child on which days of the week. They can also argue on who gets the child on each holiday and other special events. Even if the parents are pretty amicable with each other, it’s not always easy to come up with a flexible visitation schedule. The court often encourages a visitation schedule that fairly divides the child’s time between the two parents. It’s basically the essence of conservatorship in Texas. The Texas Family Code actually has a guideline when it comes to child visitation schedules. This guideline includes the daily schedule of the child, such as weekends, vacations and holidays. The guidelines apply to all but since each family situation is different, it doesn’t always have a positive effect on all families affected. For some, it has a positive effect. For others, it can be negative, depending on the circumstances […]

community property division in Texas

Splitting Community Property in Texas

Getting a divorce calls requires splitting community property – this means taking all of the community property you and your spouse own and dividing it up accordingly. Of course, you also each have your separate property which you will have to determine and announce separately in court. It’s the jointly-held property that can get a little complicated during the divorce. Who gets to decide regarding the division of your community property? Making the Decision in Splitting Community Property There are only three people who can make that decision. First, you and your spouse – if you decide to forget your ill feelings towards each other (if you have any), team up and make a rational decision about splitting community property that you own. Second, the judge in the court where you filed for divorce can make a decision in splitting community property instead of you and your spouse. You might be surprised to know that a majority of divorce cases and community property division is often wrapped up with mediation rather than a bawl in the courtroom. Mediation is the process that you and your spouse should strongly consider if you want to settle your community property issues outside of […]

arguments and marriage

Are Your Arguments Leading to a Divorce?

If your marriage is on the rocks, it’s possible that you have already considered getting a divorce at least once. In thinking about a divorce, you must have several reasons why you’re even considering it. It’s likely that there’s either you have arguments regarding trust or infidelity or money issues that would push you over the brink. If you are in the middle of such issues, it might be difficult for you and your spouse to consider any other option to save your marriage. Things might get too tough that the only thing you can think about is getting a divorce. In marriage, it is almost impossible for the couple to not ever fight. Family lawyers generally see more of these fights than any other professionals. We see married couples fighting about all sorts of things, some of which eventually lead to an unfortunate breakup that tears a once-happy family apart. Often these fights range from one spouse accusing the other of infidelity and other fights are more about the finances and some fights are even about trivial stuff like who should do the dishes. What kind of fights should you look out for if you’re looking for signs of […]

adoption in Texas

Texas Adoption Tips

Adoption in Texas is just one of the types of cases family law attorneys must deal with at times. Family law is indeed an area of law that has its own difficult circumstances. It’s mostly because family law attorneys have to deal with individual families who are going through the toughest period in their life. What makes it more difficult is the fact that sometimes, the result of the case doesn’t turn up the way we hope or expect it to be. We usually see who suffers the most, even under the best circumstances. Usually, it’s the children. However, adoption in Texas is not part of the depressing side of the practice. In fact, it’s one of the few types of cases wherein everyone can feel hopeful and bright. True, we can’t expect much humanity from people nowadays, but if you take time to watch court hearings regarding adoption, you’d see it. True, it’s mostly filled with tension and anxiety, but after all of that, when the adoption becomes successful, you’d see a beautiful sight. That is, the joy of new parents and children finding new parents. To commence the start of their parent-child relationship, the courtroom personnel, including the […]

post-nuptial agreement

What a Post-Nuptial Agreement Can Do For Your Family

In case you’re wondering what a post-nuptial agreement is, it’s basically just like a pre-marital agreement. The only difference is that pre-marital ones are signed before the marriage and post-nuptial ones are signed after the wedding. Usually, the motivation between a prenup agreement and a post-nuptial agreement are not the same. In Texas, you are allowed to sign a post-nuptial agreement that includes part or all of your community property. The separation of one spouse’s income or both spouse’s income is commonly a part of such agreements as well. This means that when you sign the agreement, you agree that your spouse’s income will be his or her separate property and your income will be yours as well. Furthermore, this means that if a divorce were to occur, your spouse will not be able to claim any part of that income. If you sign a prenup or a post-nuptial agreement, the court will not try to ‘meddle’ in your affairs at the time of your divorce, if you were to divorce. Turning Separate Property Into Community Estate If you want your separate property to be a part of your community property, you can also specify this condition in your pre-nuptial […]

Paternity and DNA testing

Paternity and DNA Testing in Texas: What You Need to Know

It can be pretty horrible when you’re just minding your own business and you suddenly receive a letter from the Texas Attorney General’s Child Support Division, demanding that you pay thousands of dollars in child support. It would feel as if your world has turned upside down in a matter of seconds. To make it worse, the letter informs you that you have been delinquent in paying child support. It’s a sticky situation, especially when you know in your soul and conscience that you are not a father – you are certain that you do not have a child. Does this shocking situation sound familiar? No, it’s not a plot of a movie, this really happens in real life. Of course, cases that require paternity determination do not always unfold like this, but you get the point: it’s pretty complicated. If you are in a similar situation, or if you know someone who is in a situation similar to the one we mentioned above, you need to understand that the  situation calls for a family law attorney. Legal advice would certainly be necessary to sort out the case. In cases such as the one mentioned in our scenario above, the […]

divorced parents in texas

A Holiday Reminder for Divorced Parents in Texas

  The holiday season may be almost over but it’s not a secret that it remains a challenge for divorced parents in Texas. Divorced parents also have to buy gifts, make and carry out plans for the holidays but it’s a period they have to deal with a little differently. To top that off, the holiday obligations all parents have to deal with can cause them to lose sight of what really counts during the holiday season. This season is still one that’s meant to be celebrated and enjoyed.   Stresses and Challenges of Divorced Parents in Texas   If you are a divorced parent, you must be already well-versed regarding the challenges and the struggles this holiday season brings. For sure you have your own holiday plans, and your spouse also has his or her own plans. Both of your expectations could be different, which poses as a potential risk for disappointments on either side during the holidays. Even if things go well between you and your ex-spouse for the rest of the year in terms of co-parenting, it is the holiday season at the end of the year that will really test your civility towards each other. There […]