Daily Archives: March 10, 2019

Grandparent Rights 1
Grandparent rights are one of the areas of family law that seems to be constantly evolving. At the moment, in terms of custody, a grandparent really doesn’t have a significant legal advantage over anyone else. Most of the determination goes primarily to substantial past contact with the child, and the child’s best interest. One could argue that there is always somewhat of an unspoken understanding that a child staying attached to their biological family is preemptively better, and I would agree, but that is really only codified at the moment as to the parents, and not the grandparents. It wasn’t always this way, there used to be more specific standing for grandparents to seek custody, but over time, things have shifted to favor the place and people with whom the child has had the most contact. The first thing to take away from this as a grandparent is that it is important to maintain constant contact with your grandchildren if you want to protect that right. The more attached you and your grandchild are, the easier it will be to show how it is in the child’s best interest to be in your custody. If you haven’t seen your grandchild in a year or two, and it comes to a situation where a judge is making decisions on where a child lives, they are very reluctant to send children to live with people who the child may not know as well. The second thing to take away, is there is no inherent part of the legal process that involves grandparents in a custody process. If you want to be involved, for the most part you need to be active in asserting your rights. The earlier the better! This may mean hiring an attorney, or at least consulting with one. There […]

Grandparent Rights in Texas

community property
Marriage makes two individuals become one. During the whole period of marriage, couples acquire properties which most of the time are jointly owned. Problems may arise when a couple decides to get divorced. Division of a marital home could get difficult. Separation of assets might lead into conflict and we might not properly exercise our rights over our properties if we do not know the laws that govern it. To understand better the context of property relations between the husband and wife in Texas, let us have an overview of the governing laws in marriage and properties. The State of Texas follow a community property in marriage where most of the property acquired, that was not received as an individual gift or inheritance, during marriage belongs to both spouses. Texas family law defines community property as the property and debt acquired from the moment of the marriage until the time of the termination of the marriage. This can be divided in the event of divorce. An asset can be free from division when one of the spouses shall prove by clear and convincing evidence that the asset is his or her separate property. Any property acquired before the marriage, called the separate property, shall stay with the person who acquired it. Texas law provides that if you and your spouse have purchased a house after being married, it is presumed that the house is your community property. Both of you shall have the same rights for the said house. On the other hand, a piece of land that you have inherited from your parents becomes your separate property and shall be awarded to you upon divorcing your spouse. In addition, things that you have bought before being married shall have your full rights.  So, how do we divide a marital […]

How to Divide a Marital Home in a Texas Divorce