Custody

30 posts

coping after your divorce in Texas

Coping Successfully and Facing a New Life After Your Divorce in Texas

A divorce in Texas or anywhere else, is definitely life-changing. It could be a major turning point in your life. The result of the divorce might make you feel like you’ve won or lost, but regardless of that, you will have to cope along with your family members. There are many legalities you and your family will have to deal with before you can properly start a new life after your divorce. You will have to discuss these things with your family members too.   Changing your Name   Even before you started the process of your divorce in Texas, you might have thought about keeping or discarding your last name. Of course, this typically only applies when you’re a woman. Your decision about changing your name should be included in the documents that your attorney will submit for the divorce. The request to revert back to your maiden name is usually included in the Original Petition for Divorce. Even if you’re not the one who initially filed for divorce, you can always file a counter-petition to request for the name change. It’s also possible to request for a name change for children who are minors but it is not […]

Where Do You File For Divorce and What to Do After Filing

The decision A divorce isn’t a process that a lot of people know much about before they begin and there tend to be a lot of questions.  The first step of a divorce is to file for divorce, or rather to petition the court for a divorce.  I will go into that briefly before answering one of the biggest questions, where do I file for divorce?  You  can  find more information about it elsewhere  on our blog as well. Filing For Divorce Filing for divorce is the process during which you submit paperwork to the court stating that you are seeking a divorce.  This is called the Original Petition For Divorce.  Essentially this states the reasons for which you are filing for divorce and what you are asking the court to do.  Texas offers several different types of divorce and you can read about those on our blog. At this stage, you can also request a temporary hearing to determine various issues that need to be decided while the divorce is pending as well as a temporary restraining order in regards to the parties behavior during the case. Many counties include a number of these temporary injunctions as part of […]

Preparing for a Divorce in Texas

Being in the position of having a potential divorce is often one of the worst times in a person’s life.  Should you think you have reached that point in your life where your marriage is past any point of being repaired and you think a divorce might be necessary, there are some steps you should take to prepare yourself for a divorce. Step 1. Find A Divorce Attorney Unless you have been through a divorce before, you probably do not have a divorce attorney.  You should start looking for one right away and consult with them on the process of a divorce.  This will include inquiring about your rights and responsibilities in regards to custody and property. Step 2. Prepare A Property Inventory Go through everything you and your partner own.  That means finding major items throughout the house and inventorying them.  From furniture to art and automobiles you should make sure to get everything of value.  This also includes things that might not be at home such as those in safe deposit boxes and storage facilities. Knowing all you can about the property owned between you can be key in a divorce case. Step 3. Get Copies Of Everything […]

Divorce And The Mediation Process

Divorce can be a very long process and it is full of twists and turns.  It doesn’t help that there are a variety of different ways that you can go about the process.  One step that you might encounter in the process is mediation.  In today’s article, you will learn about the process of mediation in a divorce and what it is like. What Is Divorce Mediation? In a divorce mediation, a third party is brought in to objectively help both sides of the divorce to reach a settlement.  This third party is a neutral person and is called a mediator. A mediator will work with both parties to come to an agreement in the following areas: Child Support Custody Visitation Alimony Division of Property Business Allocation What Does A Mediation Process Look Like? Each mediator will run the process slightly different.  Many mediators will want to meet with each party individually before the process begins.  This allows them to learn about the case and the party.  It helps the mediator to develop the background information they need to make the process fair. During the process the mediator will determine where you and the other party(s) agree and disagree.  Areas […]

A Quick Guide to Divorce

Adultery and Alimony in Texas

Adultery is one of the factors behind couples filing for divorce in Texas. Married couples experiencing adultery are most likely to separate at some stage of their lives. In cases where adultery causes divorce of a couple, there is a strict need to define the rights and responsibilities of the parties involved, especially those pertaining to financial matters. One can file for divorce based on adultery in Texas. Adultery can affect the decision of financial issues in a Texas court such as alimony and property division. It is defined by Texas Law as having been deliberately involved in a sexual relationship with somebody who is not your spouse. While filing for a divorce resting on adultery, it is crucial to produce a proof of the affair, which could be anything from phone records and emails to photos and videos, in the court. Generally, courts in Texas grant alimony to the candidate who does not have enough financial resources to support himself/herself and whose ability to earn has been damaged during all those years of the marriage. Alimony is granted if: the spouse applying for alimony cannot earn because he/she has to look after a minor child or because he/she has […]

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 […]

Managing A High-Stakes Divorce In Texas

Managing A High-Stakes Divorce In Texas

Any divorce is a complicated situation.  A lot goes on, from property management to custody.  Every decision has a lot of factors behind it that all need to be analyzed.  It is time-consuming and every day that the divorce goes on, it seems like it gets more complicated.  What do you do with a high-stakes divorce?  Read on for some guidance. Property Assignment in Texas There are two different categories that property can be assigned to.  These are: separate property (personal property) and community property.  Which category your property gets assigned to determines whether or not it will be split during the divorce or not. Personal Property In Texas Personal property is any property owner or claimed by a spouse before a marriage.  The most basic way to explain it is that it is, property that can be verified to belong only to one party in a divorce.  It can also include property that was specifically gifted to one partner or another.  Inherited property is the same way. During a divorce, personal property stays with its original owner.  That means that you don’t need to worry about whether it will be split between partners or not.  Both people in a […]

CPS Parent Resource Guide

CPS Parent Resource Guide Part 15: Managing Your Resources & Case Planning:

Managing Your Resources & Case Planning   The most important thing to remember is that with the amount of information to keep track of in a CPS case, you must write everything down! You know by now how complicated a CPS case is, it is imperative that everything is written down.   The goal is to prove to your CPS worker that you are a responsible, organized adult who is able to manage your case and the many responsibilities that come with it. By keeping track of, and showing up, to your appointments, as well as visiting your children you can help show the court and CPS how hard you are working to protect your child.   A helpful tip is to keep a log system of contacts, phone calls, and a visitation checklist. Every time you call your caseworker or someone else related to your case, even if you end up leaving a message or someone calls you, write down the person’s phone number, the date, the name of the person calling, and what was discussed. If you tried calling but the person was not there, write down what you said in the voicemail message. It is helpful to […]

CPS Parent Resource Guide

CPS Parent Resource Guide Part 13: Special Topics Part 3

Parents Who Are Undocumented Immigrants   The most important thing to remember is the CPS (child protective services) does not deport parents or their children. CPS is not an immigration agency of the United States. Children and their families are given the benefits, protection, and care of CPS whether or not they are here legally.   However, if a child who is not a U.S. citizen is brought into CPS custody, and is here illegally (undocumented), then the home country will be notified. This is a legal requirement and does not apply only when the child is a citizen of another country AND a U.S. citizen.   Be sure to always give accurate statements, as well as to cooperate with CPS as much as possible, in order to obtain all the benefits and protections that you are rightfully entitled to as an undocumented immigrant with CPS. Finally, remember that the CPS is not an immigration agency and cannot deport you or your child. Parents With Native American/Indian Heritage   The Indian Child Welfare Act (ICWA) is a federal law that protects the best interests of Indian children. If you know or think your child has some Native American/Indian heritage, tell […]

CPS Parent Resource Guide

CPS Parent Resource Guide Part 13: Disability and Inability to Care

Part 1 and 2 of this section will handle those particular CPS issues, which include special topics. Special topics are but are not limited to: parents who have special physical or intellectual needs or who live with a mental illness; Fathers, especially fathers who don’t see their children, teenage parents, or parents who are in prison may also have questions specific to their situation. This section includes information to address these more individual issues. A. Parents with Disabilities or Special Needs It is important to be aware of whether you are a parent with a disability or special need because The Americans With Disabilities Act (ADA) applies to CPS cases. Temporary conditions, such as a broken leg, usually are not covered. Additionally, any condition relating from the abuse of drugs or alcohol is not covered. The ADA defines a disability as a condition that “substantially limits a major life activity.” The ADA does not give a list of all the possible disabilities or special needs. Instead, the law covers “physical or mental impairment that substantially limits one or more major life activities.” If you know (or think) you have a disability or special need, then you need to tell your lawyer […]