Child Custody

MSAs Texas
When you have decided to file for divorce, it does not always proceed to a court case. You have the option to attend mediation or the judge can order you to undergo mediation proceedings. There are actually many benefits to mediation. It will save both parties time, money and the tension of a court battle. However, mediation can only work if both you and your spouse can agree on a mutual settlement. This is a mediated settlement agreement (MSA).  MSAs on Divorce  The process of mediation starts when you and your spouse agree on a mediator. A divorce mediator will meet with you and cover every aspect of the divorce, including custody, property division, spousal support and alimony, and visitation. He will present the legal options available. It is better to settle amicably, but this entails that you and your spouse are on speaking terms and agreeable to the divorce. If there is any animosity, there could be conflict even at the slightest disagreements.  Mediation does not require a full or partial agreement, but the mediator and the petitioner’s attorneys can record the proceedings, agreements and the respective positions and demands of both spouses in the Mediated Settlement Agreement. In any case, if there is any issue left unsettled, then the couple will proceed to a court trial.  Custody Issues One of the most sensitive issues in a divorce is child custody. It should be understood that American law would always prescribe joint custody whenever applicable. If both parents do not have any reasons to disqualify themselves from custody, the starting point of custody mediation would be based on joint custody. Of course, every couple presents a unique situation and there are issues that would definitely be considered. For instance, if you are the one who gets to stay in […]

Mediated Settlement Agreements in Texas   Recently updated !

How To Modify Your Final Divorce Decree
For those who are going through a divorce, the final divorce decree is something that you could feel anxious about or something you are looking forward to. It indeed takes a lot of time and effort to achieve the Final Divorce Decree. In most cases, it also takes lots of heartaches and stress. For sure since the moment you thought of getting a divorce, to the time you receive your final divorce decree, you’ve been in a rollercoaster of stressful events. Despite all your sufferings, there is really no guarantee that the final divorce decree will hold the terms that you are hoping for. An excellent Texas divorce attorney can help you achieve what you want out of the divorce but there are no guarantees in a divorce unless you go for a mediation and negotiate well with your spouse. You can get the court’s final order whether you go for a trial or a mediation. No matter which way you choose to end your divorce, everything is still subject to the court’s approval and decision. The court will release final orders, which will be your final divorce decree. It states all of the terms related to your divorce. It involves basically everything, from child custody arrangement to child support schedules, visiting schedules and terms for every matter related to your divorce. It will also state orders related to finances, such as division of property, spousal support and the like. Your Final Divorce Decree will be very specific. However, you won’t always be in agreement with it. When Your Situation Calls For a Modification of Your Final Divorce Decree As they say, the only constant thing in life is change. There will be changes in your life and your children’s life after the divorce. After some time, there will be […]

How To Modify Your Final Divorce Decree   Recently updated !

child support
Raising a child is a rather hard task on its own. You can only imagine how much harder it gets if you have to do it on your own. That’s why you’ll need all the help you can get, including child support. There’s just so much you’ll have to spend to raise your child, after all. But if child support just doesn’t come, what are you going to do? If you happen to find yourself in this situation, consider the following steps to help you through this predicament. Find Out Why It Stopped Coming The first most rational thing you can do when you realize that child support isn’t coming is to ask your ex why. Before jumping to conclusions or panicking, you could first approach your ex and ask why you didn’t get any child support this time. There must be a reason why. If they’re also going through a rough patch financially, you could probably work something out with them. But if it just so happens that your ex just decided not to send altogether, or maybe your ex is rather unreasonable and just a difficult person to deal with, you can then opt to seek further action. Discuss Your Situation with a Lawyer If your ex is just being plainly unreasonable, seeking the help of a lawyer can help you with your situation. The best way to help deal with an unreasonable ex-spouse would be to get a lawyer to help with your case as they can help you find a course of action to take. The lawyer will tell you what you need to do and what you need to prepare so that you can bring this issue to the court. That way the court can then help you get the child support that you need […]

What to Do When Your Ex-Spouse Can No Longer Pay Child Support   Recently updated !

Co-parenting hacks are definitely needed when you deal with your child after your divorce. We all know that the strongest impact and blows from the divorce end up on the children. The divorce will completely change your child’s life and their views of the world. It will also change the way they spend time and interact with you and your spouse. You might get so focused on dealing with the divorce yourself that you might lose sight of how it affects your children. Even from the onset of the divorce, there are many issues that will lead you to fight against your spouse, and in the midst of that are your children. During the divorce, you and your spouse would argue about issues such as who gets primary conservatorship and how much child support must be paid. However, more than anything, you should be concerned about the psychological and emotional status of your children. Their ability to trust must be impaired because of the divorce, and it’s up to you to build it up again. Of course, there are also situations where children are actually relieved that their parents are getting a divorce. Your relationship with your spouse may have made the home environment uncomfortable and suffocating for the children that they would actually want the marriage to be over. Regardless of what your situation may be, there’s likely a relationship with at least one of your children that you’d have to rebuild. The best medium to fix any broken relationship or iron out a strained one is through co-parenting. In order to do it right, you might need a couple of co-parenting hacks. What is Co-Parenting? Where divorce is, co-parenting is also usually present. It may be commonly utilized by people around you during the divorce but nobody is […]

Co-parenting Hacks For Your Post-Divorce Life

parenting apps
We’re practically surrounded by technology. In almost every aspect of our everyday lives, we at least have one interaction with some form of technology. There’s no avoiding it. Since technology is at our fingertips, it’s only natural that we make use of it to help better our lives. Instead of shying away from it, you might as well use the technology to help become better parents and improve how you take care of your children. If you want to have an idea on how to consider looking up these following smartphone apps. PBS Parents Play & Learn In this day and age, your child is bound to get their hands on your cellphone. Instead of having them scroll around and doing whatever, why not have them play games and do activities that will help them learn and improve on their own skills? This app is especially useful for those of you who have younger children and may need to have controlled screen time. At least with this app, they get something good out of it that you can even help them with. OurHome – Chores, Rewards, Groceries and Calendar Having your children help out at home helps build a lot of character. They also get some practical skills out of doing chores. If you want to help monitor what chores they do, maybe even make it more interesting for them and find a way to make doing chores a little more fun, consider this app. You can monitor who does what, set reminders, and view their progress too. This is at least another way of getting your kids to do their chores.  Yummly Recipes and Shopping List If you happen to do the cooking at home, you might like this app. Sometimes your kids could get picky with what to […]

Best Parenting Apps You Need in 2019

parental rights termination
Divorce hearings are complicated. Exchanges can lead to some unpleasant revelations. Some divorces, however, arise from a mutual agreement that the marriage is not working out. These cases are usually concerned with ironing out details.  However, there are cases where one party hurls a serious accusation towards the other party. These cases can lead to serious disputes with tough consequences like the termination of parental rights.  Negligence or Abandonment The main cause of terminating parental rights fall under the category of neglect and abandonment. The court has to find clear and compelling evidence that the parent in question has voluntarily abandoned the child.  There are conditions governing this situation. If the parent left the child without intent to return, the court will terminate parental rights. The same will apply if the parent left the child for 3 months without child support. However, If the child is left to the other parent, there is no negligence or abandonment. The rule only applies if the child is left with someone other than a parent. The court could also take action if the parent leaves the child in danger. This would lead the court to question the parent’s judgment. Abuse or Criminal Behavior The following crimes lead to the termination of parental rights: Serious Injury inflicted on a Minor Manslaughter Murder Assault, Physical or Sexual Indecency with a Child Trafficking or Prostitution Promoting or Possessing Child Pornography Inadequate Evidence The state of Texas respects the parental rights of the child and this is why they have to establish the parameters of terminating these rights.  There are many cases wherein termination is being petitioned due to failure to provide child support. The court does not consider this in itself as a reason unless it is under the prevailing conditions stated above.  The court requires evidence […]

Terminating Parental Rights in Texas

presumption of death
When a person suddenly disappears from society and stays that way for some time, it will surely be alarming. There are times when people become untraceable and unreachable. In those cases, filing missing person report might not be enough. Here is where the term presumption of death comes in. Despite no clear or direct evidence of death, any person declared missing or absenting himself from civil practice for seven successive years will be legally presumed dead. Unless there is viable proof that he is, indeed, alive within that seven-year period, according to the Texas Law.  Presumption of death may have different implications in the different aspects of a person’s life. If he was married, with child, and with properties, there’s a difference. Below, the how’s and when’s of the different aspects will be defined to help you understand the situation. Marriage  Marriages can be terminable in cases of presumption of death. After the statute of absence has been reached, the marriage will be terminated and the widow can remarry. Upon reappearance of the previous spouse, there is no immediate law that invalidates the succeeding marriage/s made by his spouse.  Custody If in case the person presumed dead has a child but has a living spouse or co-parent, then the law automatically assumes that the child would be in the custody of the remaining parent. This, however, can be contested if the presumed parent to have custody is proven unfit to raise the child. Only then can petitions for child custody be welcomed. Property  Until the person in question has been confirmed deceased, the law will continue to deal with this person’s property. However, if the person has been absent from the property or residence for seven years or longer, it might result to escheat, or the reversion of property back […]

Presumption of Death in Texas

What a Bill of Review Means in a Family Law Case in Texas
First and foremost, what is a bill of review? Basically, a bill of review is a method to secure a new trial after the initial trial has ended. For instance, if you had a case in Texas and you were not satisfied with the result, you have the option to seek means to get a new trial. One option is to file a motion for a new trial, and another is an equitable bill of review. If you had received a default judgment, the best way to approach your case is to file a motion for a new trial. You can get a fresh start with your case when you file the motion for a new trial within thirty days from the day the judgment is signed.   On the other hand, a bill of review can be filed anytime from four months to four years from the day the judgment was signed in court. There is an exception to this rule though. If you can prove that fraud was involved and it greatly influenced the ruling of the judge, you might be granted a bill of review even after the 4-year period is over. An example of this would be when you have enough evidence that you were lied to by the opposing party, which caused you to fail to show up in court on the day of the trial.     How to Get a Bill of Review Granted   How can you increase your chances of successfully winning a bill of review motion? Of course, there is a standard set in Texas law that states what things are needed to win a hearing for bill of review. We can also take a look at what is needed in a motion for new trial to get an idea […]

How to Use a Bill of Review for Family Law in Texas