Posted on June 14, 2021 in Child Custody

Many grandparents care deeply for their grandchildren, and it can be difficult for them to see their grandchildren being raised in an environment that they feel is not in the children’s best interests. Even harder is a situation in which the child’s parents prevent a grandparent from spending any time with their grandchild. It is not uncommon for grandparents in these cases to consider pursuing custody of their grandchildren. However, under Texas law, the circumstances under which a grandparent can file a custody suit are actually quite limited. If you find yourself in a dispute of this nature, whether you are the grandparent or the parent, an attorney can help you understand your rights.

Does a Grandparent Have Standing to File a Texas Custody Suit?

The Texas Family Code lists all of the parties that have standing to file a “suit affecting the parent-child relationship,” which includes custody suits. Some of the parties mentioned include the child’s parent, legal guardian, alleged father, or a governmental entity like the Texas Department of Family and Protective Services. Grandparents, as well as certain other relatives like siblings, aunts, and uncles, can typically file a custody suit only if the child’s parents are both deceased.

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 Posted on June 07, 2021 in Child Custody

For parents, the end of a marriage usually means a child custody order is necessary to outline each parent’s rights and responsibilities regarding the children. However, in most divorce cases, the family’s living arrangements change well before the divorce is completed. As such, it is often important to make child custody decisions before the final resolution is approved. If you and your spouse are living apart while your divorce case is pending, petitioning for a temporary child custody order can help you resolve issues related to your children’s immediate living arrangements.

What Can a Temporary Custody Order Include?

Perhaps the most pressing issue in a pending divorce when the spouses are living separately is how much time the children will spend living with each parent. A temporary custody order can include a visitation schedule, as well as provisions for transportation and exchanges between parents. It can also address other important custody issues, such as how you and your spouse will share responsibilities for making important decisions about your children’s health and education during the divorce process.

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 Posted on May 26, 2021 in Complex Divorce

In order to reach a fair divorce resolution, it is important that both spouses have access to information about each other’s finances. Until recently, the Texas Rules of Civil Procedure addressed this issue by allowing each spouse to request certain information and documents from the other during a discovery period. However, as of January 1, 2021, these rules have been amended to require certain disclosures from spouses upfront, rather than upon request. If you are initiating the divorce process in 2021 or later, you should be aware of your obligations under these updated rules.

Required Disclosures in a Texas Divorce

Whether you or your spouse is the first to file for divorce, you should be prepared to disclose basic contact information including your address and phone number, as well as all of the following financial information from the last two years or since the date of your marriage:

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 Posted on May 19, 2021 in Child Custody

In a Texas divorce, parents of young children must resolve the issues of custody and visitation. This can come with many challenges, including how to fairly allocate time with the children and decision-making responsibilities now that the parents will no longer live together. However, there is usually little question as to whether each parent has rights regarding the child. On the other hand, when a child is born to unmarried parents, questions of parental rights and child custody are of immediate concern upon the child’s birth. If you have a child out of wedlock, it is important to understand what you may need to do in order to obtain custody.

Establishing Parentage in Texas

In most cases, when a child is born to an unmarried woman in Texas, she is considered to be the child’s mother with all of the rights that come with the parent-child relationship, including custody of the child. However, in this case, the child’s father often does not have automatic parental rights, meaning that the mother will have sole custody and the father will not be legally entitled to custody or visitation.

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 Posted on May 12, 2021 in Complex Property Litigation

Getting a divorce in Texas requires dividing marital property between spouses in a way that the court determines is “just and right.” Unfortunately, spouses often have very different ideas about what is just and right, and this can lead to difficult, protracted settlement negotiations or the need for complex litigation. Properties with higher values, including homes and other real estate properties, have a greater impact on the division of assets, and you should be sure to understand all of the implications before deciding the outcome that you want to pursue.

Real Estate Property Details in a Texas Divorce

In either a negotiated or litigated property division agreement, all of the following details can have a significant impact on the outcome:

• Property value - In order to fairly divide real estate property, you will need to understand what it is worth. When it comes to both residential and commercial properties, the value is heavily influenced by the current real estate market, in addition to factors like the condition and features of the property. Obtaining valuations through an appraisal and comparative market analysis can help you prepare to sell the property if necessary, or prepare to compensate your spouse with assets of roughly equal value if you want to keep the property.

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 Posted on May 07, 2021 in Child Custody

In a divorce or family law case involving minor children, parents have many important issues to resolve, particularly when it comes to each parent’s custody and visitation rights. Unfortunately, these issues often become contentious, in part because of the strong emotions that they are likely to bring to the forefront. Other factors, including where each parent lives, can make for additional complications. If you and your child’s other parent live in different states, you may need to prepare for some unique challenges when addressing legal custody concerns.

Does Texas Have Jurisdiction Over Your Custody Case?

If you live in Texas while your child’s other parent lives in another state, one of the first things you will need to determine is whether the state of Texas has the authority to hear your child custody case. Based on the terms of the Uniform Child Custody Jurisdiction and Enforcement Act, Texas typically only has jurisdiction when it is considered to be the child’s home state.

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 Posted on April 29, 2021 in Child Support

In Texas divorce cases, child support is often one of the most crucial issues that will need to be addressed. This support will ensure that children will have the financial resources to address their daily needs. However, parents may be unsure about exactly what is covered by child support and whether additional support may be ordered to provide for different types of expenses. By working with a family law attorney, parents can make sure issues related to child support are addressed correctly, and they can determine how they can best provide for their children’s needs.

Medical and Dental Support and Variances from Child Support Guidelines

In Texas divorce and family law cases, child support is calculated by multiplying the net resources of the obligor (the parent who will be paying child support) by a certain percentage that is based on the number of children being supported. Child support calculated using these guidelines is meant to cover children’s ongoing needs, including food, shelter, clothing, childcare, transportation, and extracurricular activities.

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 Posted on April 22, 2021 in Divorce

While couples can get divorced at any age, people over the age of 50 are one demographic that has seen large increases in divorce rates over the past few decades. There are a variety of reasons for the rise in “gray divorce” cases, including a higher likelihood of financial autonomy for women, the ease of finding new partners through online dating, and an increased social and religious acceptance of divorce. Whether a couple has been married for a long time or has a high net worth, they may need to address some unique issues in a gray divorce that may not necessarily apply for younger couples.

Divorce Issues for Spouses Over 50

Some of the unique concerns that couples may face in a gray divorce include:

• Child-related issues - Older couples may not necessarily need to address issues related to child custody or child support, since any children they have are likely to have reached adulthood. However, they may need to update their estate planning documents to address any decisions made about inheritances received by their children following the death of either spouse.

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 Posted on April 13, 2021 in Prenuptial Agreements

If you are a business owner, you need to understand that getting divorced could have a significant impact on your ownership of business assets, the income you earn through your business, and your ability to continue operating your company successfully. For business owners, divorce often involves complex property litigation as they determine how to divide their marital assets and debts. Those who are looking to protect a family business or professional practice in the case of divorce should consider creating either a prenuptial agreement or postnuptial agreement.

Addressing a Family Business in a Prenup or Postnup

A prenuptial agreement, or prenup, is a legal agreement signed by a couple before getting married. This agreement will detail how certain matters will be handled if their marriage ends in divorce, and it may include decisions related to marital assets such as family businesses. A postnuptial agreement, or postnup, functions the same as a prenup, but it is created and signed after a couple is already married.

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 Posted on April 07, 2021 in Child Custody

When parents get divorced, they will need to address multiple concerns related to their children, including how they will share in making decisions about how their children will be raised and when children will live with each parent. While parents will often disagree about how to handle these matters, they may be able to work together to resolve their differences and reach agreements on how to meet their children’s needs. However, some contentious divorce cases can involve complex child custody disputes, requiring parents to take legal action to protect their rights and their children’s best interests. Parental alienation is one issue that may play a major role in these disputes, and a parent will need to understand how to respond in these situations.

What Is Parental Alienation?

It is common for divorcing parents to feel some negativity toward each other. However, it is also important for them to recognize that their children deserve to have positive relationships with both parents. Unfortunately, some parents try to harm their children’s relationships with the other parent. This may be done intentionally, such as by making negative comments about the other parent or blaming them for the divorce, and a parent may hope to have children take their side and ask that custody disputes be resolved in their favor. Parental alienation may also be more passive, such as when a parent reacts negatively when a child talks about enjoying their time with the other parent.

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