Child Custody

31 posts

How Adultery and Pregnancy Affects a Divorce Case In Texas

How Adultery and Pregnancy Affects a Divorce Case In Texas

You may have noticed that adultery has snaked its way and somewhat settled itself into the society today. There are definitely more cases of adultery nowadays than ten years ago. Statistics suggest that this is somewhat related to people becoming less religious. Media such as movies and television programs are not helping either – they just help people become more comfortable in justifying adultery and decisions related to infidelity. Technology is also a factor because it makes adultery a lot easier. This is also one of the major reasons why the number of divorce cases and broken families are steadily on the rise. This post is not meant to be judgmental or offensive. Instead, it is just meant to discuss the relevant issues surrounding divorces that stem from adultery. This is a question that many clients ask: “How will adultery impact my divorce case?” Whether you are the one who cheated or the one who has been cheated on, there is a lot of information you need to know as you go down the path to your divorce. There will also be a handful of things to consider if infidelity is what led you to pursue divorce.   The Big […]

rumors about child support

Busting Myths and Rumors About Child Support in Texas

The area of family law that a lot of people are concerned about is the part that deals with child support. In a divorce, it’s unavoidable for both parents to worry about finances. It is common for the parent who needs to provide child support and the one on the receiving end of it to worry about it equally at the same time. As a parent, you will also worry about your rights and how and to what extent you should exercise it. You might hear a lot of rumors and myths from family members and friends who have been through it before or have heard about child support issues from others. They might want the best for you, but it does not necessarily mean that they can give you sound advice that you can really count on. You might voluntarily ask them for advice, but you can never know how accurate the advice you’d be getting unless they’re from legal experts skilled where family law is concerned. The thing with family law is that it changes quickly. What might have been true at that time your cousin had a divorce and had issues with child support may no longer […]

Conservatorship in Texas

What You Need To Know About Conservatorship in Texas

Before tackling cases dealing with divorce in Texas, we always make it a point to know what the clients want out of the divorce. In most cases, clients want full child custody in Texas. Unfortunately, full custody does not exist in Texas, at least legally. In fact, the term “custody” does not even exist in the Texas Family Code. The closest thing to “custody” in the Texas is conservatorship. What does conservatorship in Texas really mean? Texas Conservatorship Designations There are primarily two types of conservatorships that exist in Texas. The first of which is managing conservatorship, which involves rights, duties, and decision making powers. Managing conservatorship can be legally given to both parents of a child if they are not married – no longer married or have never been married. When someone is a managing conservator it means that he or she is basically the legal guardian of the child, protecting the child and managing finances and other things with the child’s best interest in mind. Usually, both parents will become “joint managing conservators” of their children after the divorce and therefore share in those rights, duties, and decisions similarly to how parents who are still together would. There […]

domestic violence and divorce in Texas

How to Deal with Domestic Violence and Divorce in Texas

Domestic violence is cancer in a marriage and it does not choose victims based on race, age or background. This is an unfortunate and unpleasant to talk about but it does exist. Victims always have a hard time surviving and getting over the experience despite resources made available to help and support the victims. The worst thing about domestic violence is that the abuser is someone who knows you more than anyone else so it hurts more. Often, domestic violence leads to divorce. You will need a divorce attorney if you intend to pursue a divorce to get out of a marriage where domestic violence occurs on a regular basis. Domestic Violence and Divorce A divorce is originally stressful and with an abusive spouse, it can get even more complicated. Most abusers always resort to violence to maintain over you. It is common for victims of domestic abuse to feel trapped as if there’s no way to seek help. The mental hold of the abuser towards the victim usually blinds them and keeps them from seeking help. If you are a victim of domestic violence and are reading this right now, you are making a significant step towards breaking free […]

Dealing with a new school year after your divorce in Texas

Dealing with the New School Year After Your Divorce in Texas

Some divorce cases are fortunately finalized in summer where you can still have ample time to make the transition before the school year starts. However, no matter how much time you have set aside for the transition and preparation for the new school year, it can still be challenging and tough for everyone, especially the kids. This is where you can really see how your family will handle the changes brought about by the divorce in Texas. The kids will have to be passed from one parent to the other and it will be difficult for them to adjust to that setup especially with schoolwork threatening to eat them alive. It is also likely that they will be suffering from emotional scars brought about by the divorce. You will have to help them cope as you cope with the changes yourself. Tips for Dealing with the New School Year after Your Divorce in Texas There are many ways of successfully dealing with the post-divorce changes, and it is especially important to try and do so, since the children will be looking up to you for guidance and support with their own problems and emotions in a very difficult time period. Here […]

how to establish paternity in Texas

How To Establish Paternity in Texas

When a married couple has a child, even without properly establishing paternity, people will automatically assume that the husband is the father. In order for that thought to be legally changed at court, ample evidence is necessary. It’s different when an unmarried couple has a child, it is often necessary for one parent to establish the identity of the father of the child. This is very important because this is the fact that the child will have to grow up with. This also matters because the child will need support from the father, such as financial support. Usually, despite being unmarried, the father would assume that his rights to the child are guaranteed even at the face of separation from the child’s mother. Acknowledging Paternity Usually, the acknowledgment of paternity is done at the hospital, after the child’s birth. There is an Acknowledgement of Paternity document that both parents can sign before it is submitted to the government office. When the father signs the documents, all doubts about paternity is put to rest, and the father’s name is added to the birth certificate, usually. If the couple is not married, the father is informed of the rights and duties of […]

Father

Shared Parenting After A Divorce

Shared Parenting After A Divorce Is The Healthiest Option Divorce is difficult for anyone and everyone involved in the process. Even if the divorce is amicable, that doesn’t make it easy.  Deciding what party gets custody of the children and parenting powers is difficult.  Despite being difficult, it is a decision that needs to be made. In the past, it was tradition to award only one parent parenting powers.  This parent would often be the mothers because it was believed that mothering instinct was powerful and that it was a requirement for anyone growing up.  For the most part, this notion is being dismissed as outdated and inaccurate. A more modern but still outdated approach is to assign visitation hours to a parent, most often the father.  The term visitation implies that the parent is something less than they are.  It also is demoralizing. The best approach to parenting after a divorce is to split the parenting as equally as possible.  While the best approach is to have the parenting split 50/50, the minimal amount that a parent should be with their child(children) is 35%.  This allows for a connection between the parent and the child, it also allows for […]

No fault divorce courtroom

No-Fault Divorces In Texas May Become Harder After New Bill

In Texas, a no-fault divorce is the default mechanism to request a divorce.  Officially by Texas law, a no-fault divorce is when there are conflicts between two parties that could not reasonably be overcome.  In reality, it is simply the type of divorce two people seek when they are looking to get out of a marriage, and serves as a mechanism to ending a marriage with the least amount of drama. It also provides an avenue for victims of abuse to leave a marriage without a burden of proving anything beyond that the marriage itself is unsustainable. State Representative Matt Krause is attempting to pass two bills in 2017.  The first bill increases the amount of time that two people must wait before a divorce is finalized.  This is in an attempt to get a couple to work out of their problems, instead of a divorce. The second bill that Rep. Matt Krause is putting forward will make it hard for all people to get a divorce.  This bill would make divorce only possible for criminal reasons such as abuse and adultery.  While Mr. Krause states he isn’t trying to deter people from getting divorces, he also says he hopes […]

Child Abuse

Child Abuse in Texas

A closet with a deadbolt, regular wood paddling, nowhere to urinate, and not much room, fed only rice and beans.  These were the conditions that Child Protective Services and Fort Bend County Sheriff’s deputies found seven children in a Richmond, Texas home.  Needless to say, all seven of the special needs children had not been to school, otherwise, the child abuse in Texas would have been caught sooner. In early December, on the 3rd, Paula Sinclair (54) and Allen Richardson (78) were arrested by the Fort Bend County Sheriff.  This came after Child Protective services took a complaint about the adopted children from the home of Sinclair and Richardson.  The charges: aggravated kidnapping and bodily injury to a child.  Both charges are felonies, first and third degree.  The couple is now in the Fort Bend County jail without bond. Allegations of child abuse in Texas had been made and CPS as such launched an inquiry.  This inquiry was to determine if abuse did exist among the seven adopted children in the Sinclair/Richardson home. The children, between the ages of 13 and 16, had been struck with a wooden paddle multiple times, causing injuries that needed treatment.  Each kid was a […]

Texas Primary Custody

The Importance of Youth Voice in Court Proceedings

The Texas Family Code is clear that children and youth must attend permanency review hearings, and places additional duties on attorneys ad litem, judges, and the child welfare agency to meet with children in advance of court hearings.  Despite many improvements over the past several years, Texas courts still do not consistently engage youth in meaningful participation in the court process. Ensuring that youth voice is heard and considered continues to be a challenge.  This lack of youth involvement results in foster youth feeling disconnected from the process, and judges not reaping the benefit of their input. Q:  What does the law require? A:  Chapter 263 of the Texas Family Code mandates that all children who are in the conservatorship of DFPS attend all permanency hearings.  Specifically, Section 263.302 states that the child shall attend each permanency hearing, unless the court specifically excuses the child’s attendance, and that the court shall consult with the child in a developmentally appropriate manner regarding the child’s permanency plan, if the child is four years of age or older and the court determines it is in the best interest of the child. Q:  Are there any exceptions to 263.302? A:  Yes, the judge can […]