Family Law


Dealing With a Family Law Case Involving a Child With Special Needs
When you are a family with a child with special needs, you must have experienced firsthand how challenging it can be. However, not everything is a challenge: there are a variety of opportunities too. Your child with special needs will be loved and cared for and mostly, the only differences you have to experience involve having to pay more attention to your child’s school work and activities in his or her daily life. Having a child with special needs means you have the opportunity to sacrifice your wants and prioritize your child’s needs instead. When you have an ongoing family law case in Texas involving a child with special needs, you can expect it to be tougher than other family law cases.   When you have a child who does not have special needs, you can assume that the path the child will take will be the same path you took while growing up, in terms of school, career, family and social relationships. When your child is a child with special needs, you can’t expect a similar path, because your child’s path will not always be a straight one. You will have to work with educators, doctors, and other professionals to provide each of your child’s needs. For a child with special needs, special attention is really necessary throughout his or her life.     Dealing With The Needs Of Your Child With Special Needs     Having a child with special needs means that your responsibilities as a parent are more demanding than that of other parents. You’re going to be emotional a lot of times, more than other parents. Being a parent is originally emotional, but you will be more emotionally invested if your child is one with special needs. It is important to make it a point […]

When a Family Law Case Involves a Child With Special Needs   Recently updated !


Tips on How To Deal With A Controlling Spouse During a Divorce
  A controlling spouse is likely to cause you distress before and during a divorce. Such a spouse will also cause you a lot of unnecessary grief after the divorce if you do not deal with him or her properly during the divorce. If you are reading this post, you probably believe that you have a controlling spouse who constantly dictates what your actions and your children’s actions should be. This could even be a factor of why you are facing a divorce or is considering one now.   A controlling spouse means an unhappy marriage. After all, you probably entered the marriage with expectations that your partner will support your independent thoughts and judgments and what happened is just the opposite. A divorce with a controlling spouse can have different circumstances from a normal divorce.     Planning a Divorce When You Have a Controlling Spouse   A controlling spouse is a marital headache. There’s no other way but their way. They are always critical and inflexible. The worst thing is that if a situation is not going the way of the controlling spouse, he or she can turn it against the other spouse. The controlling spouse can also manipulate things in the marriage to make sure that he or she gets what he or she wants every single time. It can be extremely trying for the other spouse, and divorce is likely to come into the picture. However, just because you are undergoing divorce does not mean that you’re safe from your spouse’s controlling claws.   So, if you are dealing with a divorce with a controlling spouse, there will be more things for you to consider. Therefore, you’d have to plan for your divorce properly, setting goals along the way. There is a chance that your divorce […]

Tips on How To Deal With A Controlling Spouse During a Divorce   Recently updated !



What You Need to Know About Retroactive Child Support Payments  
  Issues in Child support in Texas Family Law Courts are often raised when a married couple starts seeking a divorce. If you happen to be the person who will have to pay child support, you are probably thinking that the amount you will have to pay is too much. It doesn’t necessarily mean that you don’t want to support your child, or that you don’t love your child. Oftentimes, it’s just that you don’t want to pay money that will go directly to your ex’s hands. Many people have mixed emotions while fighting for child support in Texas Family Law courts because of this reason.   There’s always another side to every story. If you happen to be the parent who will be at the receiving end after the fight for child support in Texas Family law courts, you will probably think that the guidelines are not exactly helping in providing your child enough child support from your ex. You already lost an entire income thanks to your divorce, and the child support amount set by the guidelines is too little to support everything your child needs.   Regardless of which side you belong to in your fight for child support in Texas Family Law Courts, there is important information that we have to discuss.     What You Have to Pay or Receive     As previously mentioned, there are certain guideline amount when it comes to child support in Texas. Once the net resources of a parent are known, it will be subject to these percentages: 20% for one child, 25% for two children, 30% for three children, 35% for four children and 40% for five children. If you have more than five children, expect to pay not more than 50% of your net income and not […]

 Fighting for Child Support in Texas Family Law Courts  


Co Parenting Tips
Summertime Co-Parenting Tips for divorced and separated parents by Gary Payton After getting over with the painful process of separation it is time to put a few things in order and organize them so that life becomes a bit less stressed. A number of divorces involve kids who are sent into the custody of one of the parents. Once a divorce has been processed via a divorce attorney the parents need to make sure that they bring up the kids in a way where they get the love and care of both the parents. Providing for the kids is the responsibility of both the parents. It is not only regarding the finances but also the emotional aspects of the kids need to be taken care. The kid should not feel an absence of one of the parent in his or her upbringing. Divorced parents need to keep their differences behind them especially when the vacations and social dos of their kids are involved. For this the divorced individuals need to keep coordinating among themselves to run things smoothly. Keep your communication alive and healthy Although you have been divorced still make sure to keep the communication channels open between both of you. This can be a big advantage to both of you in terms of any joint accounts you guys still hold together. For the sake of your kids you need to keep that communication up and running to ensure proper planning whenever your kids need your presence. It is important for kids to get the love and affection of both parents together. Being the biological parent it is your responsibility to make sure that you dedicate a few days to your kid who is living with your ex-spouse. Planning is the key to a beautiful summertime with your kids […]

Summertime Co-Parenting Tips



divorce 1
Domestic violence can have devastating effects on children. Batterers often use children to manipulate their partners. While the relationship continues, batterers may threaten to take custody of, kidnap or harm the children if the victim reports the abuse. After a battered woman leaves a relationship, batterers may use child custody disputes, visitation and joint custody arrangements as opportunities to threaten, intimidate, coerce and harm their former partners. From Kendall Segel-Evans, Wife Abuse and Child Custody and Visitation by the Abuser (1989). For a long time, domestic violence was not considered relevant to custody and visitation determinations. As explained in more detail in the Toolkit to End Violence Against Women, created by the National Advisory Council on Violence Against Women and the United States Department of Justice’s Violence Against Women Office, available in PDF and text formats, judges making custody determinations “routinely concluded that violence toward the other parent had nothing to do with one’s ability to adequately parent, and most court decisions revealed that judges did not believe that domestic or sexual abuse of one parent by the other fundamentally compromised the interests of the children.” As the Toolkit explains further, because of the ways in which batterers can use child custody and visitation against their former partners, however, advocates argued that the laws governing custody and visitation determinations must account for the power and control dynamics in an abusive relationship. Some jurisdictions now require the judge to consider domestic violence in making a custody award. Others create a presumption against an award of custody to the abusive parent, or prohibit an award of joint custody to an abusive parent. Yet others require the judge to find that the batterer does not pose a threat of harm to the child before awarding that parent visitation rights. Other laws recognize that […]

Domestic Violence: Child Custody and Family Law


cps
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 will contact you along with other people who could possibly have some information about the alleged child neglect or abuse. An interview will be set up. Everything you say can be held against you, in this case. If any of your statements support the allegations about child neglect and abuse, it can be used to take your child away from you. Hence, it is not always a good idea to blindly cooperate with CPS caseworkers. If you want to protect your family, it would be best to hire a skilled family law attorney at this point. You should also look […]

Everything You Need to Know about CPS in Texas



What You Should Know About Protective Orders and Name Changes
Protective orders and name changes are some of the things that a party could want in a family law case. It is commonly needed when certain actions from a spouse or partner necessitate a request for protective orders from the court. This is pretty common in the presence of family violence. Family violence is basically a threat or an action of violence by one family member to another. Any threat or action that could cause or have caused physical harm, bodily injuries, as well as physical or sexual assault is classified as violence. Violence or threat of violence against a child who is not a biological member of the family but is living in the same household is still classified as family violence. Violence from a person whom you are dating is classified as dating violence. Just like any other type of violence, it involves an action with the intention to cause physical harm and injury, as well as physical and sexual assault. An action that causes significant fear of violence also classifies as violence. Any adult in the household can file for protective orders for any member of the family including children. For dating violence, any adult involved in the relationship can file for protective orders. In order for the court to release protective orders, the requesting party should provide proof that violence has occurred or that it is bound to occur in the future. At times, a testimony of the victim is enough for the court to issue protective orders. What Happens When The Court Issues Protective Orders If the court finds that you have been a victim of family or dating violence, the court will make sure that the perpetrator will not be able to continue his or her violent acts towards you. The protective order will […]

What You Should Know About Protective Orders and Name Changes


adultery
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 A If adultery has influenced you to seek a divorce, it is a ‘fault’ ground for your case. In most states in the United States, you can actually get a divorce without any valid reason. This type of divorce is referred to as a no-fault divorce.  With adultery in the picture, your divorce case can also be filed on a “fault” ground as well, which can potentially have some relevance in how things are ultimately divided. Adultery is when your spouse has engaged in sexual activity with another person during your marriage. Unfaithful thoughts and flirtations are not counted as adultery. […]

How Adultery and Pregnancy Affects a Divorce Case in Texas