Family Law

30 posts

Parenting and the Right of First Refusal

Parenting and the Right of First Refusal

Parenting can be tough when you are undergoing a divorce as well as it is after a divorce. As a parent, you would want to be in a good co-parenting relationship with your ex-spouse once the divorce is finalized. You are probably aware that the toughest elements of the divorce are being felt by your child the most. Your child might understand more than what he or she lets on. It is your responsibility to deal with issues with your spouse so you can both be good parents to your child despite the divorce.   Right of First Refusal   When you are finalizing your divorce, you are probably negotiating with your soon-to-be-ex-spouse about many things concerning your family, especially child support and custody issues. You need to be aware that whatever you agree to during this period will be used as the standard of how you get on with your lives after the divorce. When the orders about your children in your Final Decree rolls out, you must know that this will be what you need to follow until your child’s 18th birthday. You and your spouse will have to concede certain issues to each other until you can […]

stepparent adoption in texas

The Basics for Stepparent Adoption in Texas

Stepparent adoption cases are not exactly the most common type of cases a family law attorney encounters. When it does happen, the other parent of the child is usually deceased or at least not actively involved with the child. This is usually the part of the case which is conflicted. The thing is, in order for a stepparent to legally adopt a child, the parental rights of the other parent should be terminated first. Some families are not too happy with this fact. In case you are a stepparent who is interested in starting the process of a stepparent adoption, you need a lot of information to help you through the tough parts. You might even need the assistance of an expert family lawyer. In family law, there are always steps to follow – just like in any aspect of the legal system. You will really need to complete each step and requirement if you want to have a successful adoption later on. There are also issues that are better off foreseen so load yourself up with information as early as possible to avoid facing difficulties later on your stepparent adoption case. Stepparents Gaining Rights and Duties Parental rights can […]

adoption in Texas

Texas Adoption Tips

Adoption in Texas is just one of the types of cases family law attorneys must deal with at times. Family law is indeed an area of law that has its own difficult circumstances. It’s mostly because family law attorneys have to deal with individual families who are going through the toughest period in their life. What makes it more difficult is the fact that sometimes, the result of the case doesn’t turn up the way we hope or expect it to be. We usually see who suffers the most, even under the best circumstances. Usually, it’s the children. However, adoption in Texas is not part of the depressing side of the practice. In fact, it’s one of the few types of cases wherein everyone can feel hopeful and bright. True, we can’t expect much humanity from people nowadays, but if you take time to watch court hearings regarding adoption, you’d see it. True, it’s mostly filled with tension and anxiety, but after all of that, when the adoption becomes successful, you’d see a beautiful sight. That is, the joy of new parents and children finding new parents. To commence the start of their parent-child relationship, the courtroom personnel, including the […]

post-nuptial agreement

What a Post-Nuptial Agreement Can Do For Your Family

In case you’re wondering what a post-nuptial agreement is, it’s basically just like a pre-marital agreement. The only difference is that pre-marital ones are signed before the marriage and post-nuptial ones are signed after the wedding. Usually, the motivation between a prenup agreement and a post-nuptial agreement are not the same. In Texas, you are allowed to sign a post-nuptial agreement that includes part or all of your community property. The separation of one spouse’s income or both spouse’s income is commonly a part of such agreements as well. This means that when you sign the agreement, you agree that your spouse’s income will be his or her separate property and your income will be yours as well. Furthermore, this means that if a divorce were to occur, your spouse will not be able to claim any part of that income. If you sign a prenup or a post-nuptial agreement, the court will not try to ‘meddle’ in your affairs at the time of your divorce, if you were to divorce. Turning Separate Property Into Community Estate If you want your separate property to be a part of your community property, you can also specify this condition in your pre-nuptial […]

Paternity and DNA testing

Paternity and DNA Testing in Texas: What You Need to Know

It can be pretty horrible when you’re just minding your own business and you suddenly receive a letter from the Texas Attorney General’s Child Support Division, demanding that you pay thousands of dollars in child support. It would feel as if your world has turned upside down in a matter of seconds. To make it worse, the letter informs you that you have been delinquent in paying child support. It’s a sticky situation, especially when you know in your soul and conscience that you are not a father – you are certain that you do not have a child. Does this shocking situation sound familiar? No, it’s not a plot of a movie, this really happens in real life. Of course, cases that require paternity determination do not always unfold like this, but you get the point: it’s pretty complicated. If you are in a similar situation, or if you know someone who is in a situation similar to the one we mentioned above, you need to understand that the  situation calls for a family law attorney. Legal advice would certainly be necessary to sort out the case. In cases such as the one mentioned in our scenario above, the […]

christmas after your divorce

How To Prepare for Christmas After Your Divorce

The biggest holiday season of the year is approaching and for those who had just been divorced, the prospect of spending Christmas after your divorce can be daunting. Christmas is an event that is usually spent with family. The first Christmas after your divorce could be the toughest, since you could feel at a loss in the midst of the festivities. You should expect things to be different. In the past, you might have spent the holiday season from beginning to end with your kids, but now you will have to share the kids with your spouse, and it’s highly likely that you will spend the holidays separately. Of course, you will still be able to create and share priceless memories with your children at Christmas after your divorce but it will never be like the previous years again. It’s not something to be bitter about though. You should also consider your ex-spouse, who would also want to create new Christmas memories with your children in his or her own way.   Christmas Visitation After a Divorce in Texas If your final divorce decree was made in a Texas court, surely, one parent would have been awarded the right concerning […]

DUI and conservatorship

Does a DUI Affect Custody?

Before your attorney can answer any of your conservatorship questions, you will first need to provide information about you, your marriage and your family. First, there’s the basics. This includes your name, address and basically every significant information about you. You will also need to provide names, ages and other information about your children and your soon-to-be ex-spouse. The reason why you need to provide these to your attorney is simple: without this vital information, your attorney and the staff of the law firm won’t be able to prepare anything for your case. Or they could prepare for your case, but you can’t expect them to be able to do any proper preparation without this information. It’s like going to war. Your legal team can go to war, yes, but without ammunition. Your attorney may also ask about any dark secrets you make have. The worst time for the skeletons in your closet to come out and haunt you is when you are fighting for conservatorship during your divorce. Your spouse is probably the person who knows you the most. If there is anything he or she can use against you in court, it’s best to let your attorney know […]

factors of divorce

Divorce Components

The different components of a divorce are worth thinking about individually. Sometimes it is easier to break a big issue down to the individual components, because trying to handle it all at once is too much. In everything that you face in life, proper evaluation is necessary so that you can prepare and react appropriately. Sometimes, it is easy to conclude that a certain thing is impossible to accomplish or conquer when you are just evaluating it from one aspect. However, viewing it from different sides and studying each factor would make you realize that it’s not impossible to deal with it successfully. In fact, it is much easier to handle a gigantic thing when you deal with it one little piece of it at a time. This can also be your mindset towards divorce. Now you are probably wondering what are the smaller factors that constitute this huge, intimidating thing called divorce. You might have heard about many different factors of divorce from your friends, but not all of those apply to you because each situation is different. There are a few of it that applies to almost all divorce cases though. Check out these relevant factors of divorce […]

CPS in Texas

Everything You Need To Know About CPS in Texas

There are many situations that might lead CPS in Texas to take your child into their possession. CPS stands for Child Protection Services, and according to the Texas Family Code, it has the authority to handle investigations regarding neglect and abuse against children. CPS in Texas will carry out investigations when there are signs and allegations of abuse or neglect, such as when The Rights and Duties of Texas Parents  are not properly followed. If proven, the CPS can take your child away from your home. There are hotlines that are available 24/7 that are open for reports of abuse and neglect. Any report will be treated with utmost confidentiality. There are also some professionals who have the obligation to report abuse and neglect against children when they know of it. These professionals include police officers, doctors, teachers, and lawyers. If someone makes a report to CPS regarding your child, the CPS office in your area will be notified and they will begin the investigations. What To Do When CPS Investigation Begins and Your Child is Involved When there is an investigation that needs to be done, a caseworker from CPS in Texas will be assigned to handle the case. The caseworker […]