Child Custody


child violence
When a marriage fails and eventually leads to divorce, one important question arises: who will take custody of the child? At times, guardianship, or conservatorship as used in Texas family law, is a longer and more emotional process than divorce. It already involves the children; And most often, this brings problems to the whole being of the child.  In Texas, according to Findlaw.com, there are two kinds of conservatorship; the joint managing conservatorship and the sole managing conservatorship. The first one is where both parents are still given the full rights to take care of their child. The last one is where only one parent is given the right of conservatorship. Why does the court decide to grant the sole custody to one parent? There are as much reasons as you can think but it can be summarized it in four main reasons. The first one is when one of the parents has been involved in violence or has neglected the child in the past. Second, being associated with different vices such as drugs and alcohol or having criminal history can eliminate the granting of child custody. Third, absence in bringing up the child or abandonment can also be one of the grounds for not allowing guardianship. And lastly, child custody is affected when parents have differences in their beliefs on certain matters when these differences lead into a clash. Four separate reasons but one thing is common, and it is abuse. Violence, criminal involvement, abandonment, and conflict of beliefs between parents cause the child to have a messed up environment. In reference to Texas law, domestic violence happens when a member of a family causes harm, assault, or injury, which may include physical, mental, or emotional abuse, to another member of the same family. The Texas family court delivers […]

Texas Family Law: How can Abuse Affect Child Custody?   Recently updated !


narcissist
While many Americans are in disbelief with how US President, Donald Trump, is handling things, a group of women and men who has each divorced a narcissist, and some who are sharing child custody with one, are not that shocked anymore. They know the kind of person Donald Trump is, because they were once married to one. The successful, charismatic person who impressed them with promises enough to be swept off their feet. Slowly, they have realized that it was all part of the act. For narcissists like Donald Trump, there is no possibility of a “we” because they only care about themselves. The true battle is removing this toxic person from their lives and some of them still have to go through the difficulty co-parenting with an ex-spouse who thinks and acts like The Donald. These type of divorce cases are the most difficult to handle. In family law, we refer to the person with a narcissistic personality disorder as an “NPD”. The legal battle follow all similar scenarios which involves the abused spouse explaining to the lawyers, judge and if there is one, a psychological expert, the NPD’s behavioral pattern which includes emotional abuse, control, duplicity, manipulation, and the damaging effect on the children. The NPD will then deny all of the accusations. His legal response would consist factual distortions, blame laying, deliberate lies and character assassination of the other spouse. The experts and the judge are sometimes successful in weeding through the chaotic situation and identify the personality disorder present which allows them to make decisions protecting the children and the other spouse. However, oftentimes, the legal system gets it wrong. The court assumes the blame is equally attributable to both parties for the creation and maintenance of a high conflict case. This results to the innocent […]

When Your Ex-Spouse is Like the “Donald”



education of children after divorce
Finding out your child got accepted to a college can bring a lot things.  Joy, excitement, that proud feeling as a parent knowing that your child’s going places are some of the usual feelings you’d get.  Aside from that, one other thing that finding out that your child got into a college would be the tuition that comes with it. What does your settlement say? Being a divorced parent may be hard, especially if you’re still in the process of raising a child.  Balancing your living expenses for things such as your child’s college education may be a problem, especially if you aren’t exactly financially well off.  When figuring out how to pay for your child’s college tuition, it would be good to look at your divorce settlement to see what it says about paying for your child’s education.  If child support isn’t a required condition for the divorce where you live, you may try to seek for a modification in your divorce settlement to make it possible for your ex-spouse to help pay for your child’s tuition. Arrange for a settlement that will help with tuition expenses If you are still in the process of getting divorce, it would be good to arrange for a settlement that will help split the costs for your child’s college education (as well as all the expenses that come with it) with your spouse. Depending on where you live, it may not be required in a divorce settlement though it is still sometimes discussed in coming to a settlement.  The best way is to check if there are any laws regarding it or just simply discussing it during the settlement proceedings. Saving for it Whether or not you’re divorced, about to get divorced, or still together, the best way to help prepare for […]

Paying for College Tuition with Your Ex-Spouse


Drug Addiction
Substance abuse is one of the usual cracks in the pavement that can be hard to cover up, especially once it affects people beyond those of the abusers. For example, a rebelling teenager who abuses drugs and alcohol could have his or her parents worried sick over his or her lack of control with addiction and therefore affect them in numerous ways that may be unnoticeable. However, it is so much worse the other way around, especially if it involves underaged children. Since most parents who fall prey over substance abuse tend to do so by neglect of responsibilities, the chances of also neglecting their children during this time will be high. This neglect, in turn, could be considered as child abuse and would thereby allow the authorities to take actions against you.  It is written in most state laws that should any expecting or experienced parent be caught doing substance abuse must be reported to the authorities immediately. Usually, child protective services are alarmed for this cases to ensure that the children of substance abusers are in much safer hands than they were before. Assessments automatically follow after the authorities have been notified.  There are only two overarching harms parents could do to their children while under substance abuse. One is exposing the unborn child to the addiction, which means that the mother has taken illegal drugs or uncontrollable amounts of alcohol during the pregnancy. The second is unintentionally or intentionally exposing them to any illegal drug activity inside the home and surrounding environment while they are growing up. Written below is a list of the frequent reasons and possible circumstances that parents could be charged by the child protective services for: Creating illegal substances in the midst or presence of a child Allowing a child to be in […]

CPS Investigations and Drug Use



samesexdivorce 1024x688
Since same sex marriages have been made legal by the Supreme Court, same sex divorces are now possible as well. People are still confused because not all states had acknowledged that same sex marriages were legal prior to 2015 and many are still wondering if it’s possible to have a same-sex marriage in Texas and how the state deals with same sex divorces. Texas was one of the states in the US that did not legalize same sex marriages prior to 2015. Because of this, if you have lived in Texas prior to 2015 and you’ve tried to get a same sex divorce, the courts couldn’t have done anything to help you. Since same sex marriages were not recognized in the entire state until 2015, it goes without saying that same sex divorces were also impossible within the state during that period. Of course, after that Supreme court decision legalizing same sex marriages in 50 states, a lot of things have changed. Same Sex Divorces VS Traditional divorces After the Supreme Court has announced its decision, the laws that apply to traditional marriages now apply to same sex marriages. With this said, laws on traditional divorces can now be applied to same sex divorces in Texas. If you already know about the community property laws in Texas and how it’s divided during a divorce, you can now apply that to same sex divorces too. Division of property, assets, and debts will be divided in same sex divorces the same way it is divided in traditional divorces. If you are not familiar how community property is dealt with during a divorce, it’s basically this: Any type of income or property incurred during the course of the marriage will be subject to division once the divorce commences. This includes wages and income […]

Everything You Need to Know About Same Sex Divorces in Texas


child coping divorce
  If you are getting a divorce, you won’t really need other people to tell you that it’s going to be tough for your child. You would feel it in your bones – children will usually have it worse. As children are growing, they thrive well if the environment is stable and consistent. If some areas of their lives are in turmoil, it could affect everything else and their outlook can change enormously. You can expect them to be one of those ‘troubled children’ pretty easily if they don’t get the help they need during chaotic times like your divorce. The worst thing is that they actually have nothing to do with the divorce – it’s mainly a thing between you and your spouse – and yet, the children are the ones who are affected the most. Your relationship with your spouse may be flawed beyond repair so you’ve decided to go with divorce, but if you are not careful, this can impact your children’s lives forever. When You Decide To Get a Divorce Since you have already decided to go through with the divorce, the best you can do is to keep it as ‘friendly’ as possible and helping your children deal with it the best you can. You and your spouse can also try to make the divorce as quick as possible so that your children won’t have to stay in an unstable period for too long. The quicker you can finalize your divorce, the faster they would be able to cope and move on. You too. The worst mistake you can make is believing that your children will be resilient enough to handle the divorce and that they will naturally bounce back. You and your spouse will probably receive encouragements from friends and colleagues to attend counseling […]

How To Help Your Child Cope With Your Divorce



Co-Parenting Tips before Kids go to School
Interaction after separation from a former spouse can be awkward and might lead to a little tension between the ex-couples. Divorce after marriage is complicated, especially when you have kids together. Most of the time, divorced couples usually still have children at a school age. For the sake of the kids, parents will always do their best to cooperate with each other even if they are not in good terms. Here are some points that can be helpful in co-parenting your kids at school. First, set aside all personal sentiments towards each other. Of course, you had or still have problems and arguments that you cannot agree about. But keeping this for the mean time and helping each other can give the kids a lighter heart by seeing their parents not fighting and reaching out to each other. Having an, even just a civil, interaction between biological and step parent s can also make things easier. A pleasant contact between spouses can help lessen the anxiety of the child with his or her peers at school. We don’t want to give the kid’s schoolmates a bad impression of his or her family. Second, effective time management leads us to better organization. Parents can take turns in tutoring or helping the kids in their schoolwork. However, living in different houses might be a little work in terms of the adjustment of the kids. Choose a schedule that would fit in with the needs of the most. Plan ahead of time and inform one another if something comes up. If it will be the father’s time with the child but something came up, the mother can take over when the child needs help with his homework. As much as possible, give the kids the time they deserve. It is the least that […]

Divorced Parents: Co-Parenting Tips before Kids go to School


Possible Child Custody Arrangements After Your Divorce
 Child custody arrangements are one of the most nerve-wracking court decisions you’d ever have to anticipate as a parent in a Texas Family Court. Most of the parents who approach Texas family law attorneys have this as their biggest concern regarding their divorce. Parents are also aware that the divorce can have a huge impact on their child’s life. In fact, the impact could be greater on the children. Child custody is one of the subjects parents have the most questions about. Possession Vs. Custody Despite this being, not a legal term, parents usually refer to their ‘possession’ issues as ‘custody’ concerns. Parents, who approach family law attorneys in Texas usually ask along the lines of ‘Can I get sole custody of my child?’ Most parents who ask this question do not trust their spouse to be a good parent to their children after the divorce. They also tend to ask more questions and seek more information about split child custody. A lot of parents get shocked at the fact that in the legal world, ‘child custody’ doesn’t exist. Child custody arrangements are in fact conservatorship arrangements in the state of Texas. Conservatorship is governed by Texas state laws regarding relationships between parents and children. Conservatorship also covers the rights and duties that parents have over their child. How are all these related to or affected by your divorce?   The Impact of Conservatorship to You and Your Children   As a conservator, you must be able to make sound decisions for your child until he or she is no longer a minor. This includes decisions regarding where your child will primarily live until adulthood, the school where your child will be attending, decisions regarding healthcare, psychiatric and other medical procedures. These are basically the core of your parental duties […]

Custody vs. Conservatorship in Your Divorce