Up until the past 20 years or so, it was generally assumed that in a child custody case, the mother would likely get primary physical custody of the child and the father would have visitation. However, as societal norms have changed, so too has the attitude about fathers’ rights to custody, and the legal system is recognizing the importance of involving fathers in their children's lives post-divorce. The following are some of the reasons why these changes have taken place. If you would like to learn more about the father’s rights and child custody regarding your situation, contact The Ramage Law Group for more information.

Gender Equality

One of the key arguments supporting a father's right to custody is the principle of gender equality. It is widely acknowledged that both parents play crucial roles in a child's development and well-being. Granting equal custody rights to fathers ensures that they have the opportunity to build strong relationships with their children and be actively involved in their upbringing. This benefits not only the father but also the child, as it provides them with a sense of stability, emotional support, and access to a diverse range of parental perspectives.

Best Interest of the Child

Another crucial aspect of supporting a father's right to custody is the best interests of the child. Every state, including Texas, bases child custody decisions on the best interest of the child doctrine. The court will consider the child’s age, the relationship the child has with each parent, and the ability of each parent to provide a nurturing and stable environment for the child. This doctrine applies to both parents.

When a couple makes the decision to end their marriage, there are many issues that they need to address. One of the most complex of those issues is the division of assets. Part of those assets often include retirement accounts, such as 401(k)s, IRAs, and pensions. These accounts can be a significant part of a couple's financial portfolio, and they can be particularly difficult to divide because of their tax implications and complex rules. The following information is a brief overview of how retirement accounts are addressed in divorce. For more detailed information, speak with an experienced divorce attorney.

Marital Estate

Under Texas family law, retirement accounts are considered marital property if they were acquired during the marriage. This means that they are subject to division in a divorce. However, the specific rules and procedures for dividing retirement accounts can vary depending on the type of account it is. Retirement accounts are different than regular savings and checking accounts and funds cannot just be withdrawn at any time.

Because of the regulations that are associated with retirement accounts, any division of the account between the spouses is done under court order. This order is referred to as a qualified domestic relations order (QDRO).

When a couple decides to end their marriage, there are many issues that need to be decided. One of the most important issues is what type of child custody arrangement will be worked out. This can also turn into one of the most contentious issues that linger long after the ink has dried on the divorce decree.

Depending on the age of the children, it is not uncommon for there to be modifications to the original order, especially if there has been any significant change in the circumstances of either parent or the child. If you are considering a custody modification, it is essential to understand the legal requirements and the factors that the court will consider when making a decision.

Reasons for Modification

Texas has very specific rules regarding when a parent can file for custody modification. Otherwise, given the acrimonious relationship many co-parents have, the Texas family court system would likely be overrun with modification petitions for issues that parents should be able to work out without the court’s intervention.

A person going through a divorce can end up taking quite a financial hit, even under Texas community property statutes. The state uses the community property standard – dividing assets 50/50 – when it comes to the division of assets in the marital estate. Now that you are divorcing, your financial canvas is half of what it was when you were married. This is why many people going through a divorce will consult with a divorce financial advisor.

What is a Divorce Financial Advisor?

You and your soon-to-be former spouse may have consulted with a financial advisor during your marriage, seeking out professional advice on how to get the best return on your investments.

While a divorce advisor does some of the same things, they go even further in understanding and navigating through the process of “decoupling” your assets, as well. They are well-versed in financial matters surrounding the division of assets, child support, and spousal support, as well as uncovering assets that one spouse may be hiding from the other. They will understand critical factors that need to be addressed during and after a divorce that a regular financial advisor may not be aware of.

One of the issues that a couple must address in their divorce is how the marital estate will be divided. The marital estate is made up of the couple’s assets, property, and debt. For many couples, one of the most expensive assets they have is the marital home, and coming up with an agreement on what should be done with the home can be difficult, especially if both spouses want the house.

Unless the couple agrees to sell the home and divide the profit, and regardless of which spouse ends up with the home, the issue of refinancing the mortgage will also need to be addressed.

Protecting Credit Scores

When one spouse is awarded the house in a divorce, the court order only addresses the property. It does not address the mortgage. In other words, even though the spouses sign a quit claim deed and only one of them will now legally own the home, both spouses' names will still remain on the mortgage. The only way to remove the now non-owner spouse is to refinance the mortgage in just the owner spouse’s name. Until this is done, the other spouse will be just as liable for the monthly mortgage payments.

Divorce can and often does have a substantial impact on a person’s life. There are so many changes that take place both during the divorce process and also once it is complete. It is also not uncommon for the couple to go into an adversarial mode with each other, even if they both agree that divorce is the best decision for their family.

The decision to divorce by either one or both spouses typically does not happen overnight. There is usually a period of time leading up to that decision where the couple struggles with difficulties in the marriage and may even question whether they should stay together. If you are struggling with that decision or suspect your spouse is, it is important to take the necessary steps to prepare for the day that one of you files that divorce petition in order to protect your marital and parental rights. The following is a suggested “divorce checklist” to make sure you have covered all bases.

Get Copies of All Financial Documents

Once a divorce petition has been filed, it is common for important financial documents for the couple’s assets to just “disappear.” This is why you should take copies of all these documents before anyone files. This includes current statements from all financial accounts you and your spouse have, including retirement accounts, stocks, bonds, property deeds, vehicle titles, income taxes, paystubs, and any other relevant documents.

One of the topics divorcing couples most frequently disagree about is that of child custody. The stakes can feel very high and, because people often get divorced due to  differences in parenting strategies, coming to an agreement about how to manage the children’s schedules can be very difficult. 

This is especially true when a divorce involves a parent who wants to relocate with a child. However, this complex situation can also occur after divorce as well, often leaving both parents wondering what their options are. If this situation sounds familiar to you, read on for an overview of how relocation with a minor child may be permissible for a parent sharing custody, and then contact a Texas child custody lawyer for help with your case. 

Shared Custody and Child Relocation

If parents are getting divorced and one parent wants to move away with a child, that needs to be part of the divorce agreement, which will be approved by a judge. Sometimes, a judge will not approve the separation of a child from his or her other parent, and the parent who wishes to move away will either have to do so without the child or adjust plans. 

Last week, a federal appeals court in Texas struck down a 30-year-old federal law allowing the government to prevent people who have restraining orders against them from owning firearms. Previously, those who had received restraining orders could have their firearms removed from the home by local police and could be specifically prohibited by the order from handling or having weapons. 

The ruling was handed down after police in Texas discovered that a man with a civil protective order against him for harassing his ex-girlfriend had two guns in his home, despite the order prohibiting him from having firearms. The man pleaded guilty to having the firearms, but challenged the law that said the protective order could prohibit him from having a gun, and an appeals court agreed. The U.S. Justice Department is expected to challenge the ruling, which currently only affects Texas, Louisiana, and Mississippi. 

What Does This Mean For Existing Restraining Orders? 

As the law currently stands, states with their own laws prohibiting recipients of protective orders from having guns will still stand. However, in Texas, having a protective order no longer allows the government to disarm someone. This does not change the laws that say someone convicted of a misdemeanor crime of domestic violence or of certain other crimes, including felonies, cannot own or handle firearms. 

There is good news for advocates of family stability - not only are divorce rates falling, especially among younger age groups, but couples who do divorce are acting more carefully about how they choose to go about the divorce process. One option that has gained popularity in recent years is known as “collaborative divorce,” and it is particularly helpful to those who are concerned about avoiding unnecessary conflict throughout the divorce process. If you have children under age 18 or are simply looking for a peaceful resolution to the end of your marriage, collaborative divorce could be the right choice for you. 

What is Collaborative Divorce? 

Divorce has traditionally been a combative experience, and no wonder; many of the elements of divorce can feel zero-sum to both parties. After all, time a child spends living with one parent is time she does not spend in the other parent’s home. However, collaborative divorce still recognizes some of the inherent conflicts of interest while still respecting the effort to minimize hostility and protect minor children. 

Collaborative divorce involves both parents having a team of experts who guide them cooperatively through the divorce. This includes attorneys, as well as anyone else the parents feel could contribute: financial professionals, child psychologists, divorce coaches, and more. If, for whatever reason, the collaborative process is not successful, the entire team dissolves and each party’s attorney cannot go on to represent them in court litigation. 

Parents frequently disagree about how to resolve matters related to child custody in a divorce, but sometimes these conflicts can become extreme. This is especially true when there are allegations of abuse or neglect from one or both parties. Getting to the truth can be difficult, and judges may be unsure of the best outcome for a particular case. When this happens, a common solution is for a judge to appoint a professional known as a “child custody evaluator” to a particular case. If you are involved in a court dispute over your minor children, whether during or after divorce, and a custody evaluator has been assigned to your case, it is important to understand the role of this professional and how you should behave to optimize your case’s outcome. 

What is a Custody Evaluator? 

A custody evaluator is a mental health professional who is also sometimes an attorney. Her job is to gather as much information as possible about a particular case. In order to get the information she needs, she can do the following: 

• Complete psychological evaluations of both parents, their romantic partners (if applicable), and all children 

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Enterprising spouses often start up businesses together, finding interesting and unique ways to bring extra money into their family coffer. Sometimes this looks like a formal business establishment, and other times it might be gradually buying up real estate to rent out on platforms like AirBNB. Whatever the format, when it comes time to divorce, a couple’s business needs to be divided just like any other marital asset. 

Dividing a business can be very difficult, however, as spouses often disagree about how much of the business is marital vs. personal property or what the true value of the business is. In cases like this, make sure you have the help of an experienced business owners’ divorce attorney who can assist you in resolving these tricky issues. 

Can One of the Spouses Keep the Business in a Divorce? 

Texas law requires community property to be divided in a “just and right” manner, which usually means something close to 50/50. If one of the spouses owned the business before getting married and did not protect that business with a prenuptial agreement, it can be very difficult to determine how much of that business is community property rather than the personal property of the spouse who originally owned the business. 

Child support might be determined by a state formula, but that does not stop it from becoming a high-conflict part of a divorced or separated couple’s relationship. The parent paying child support often feels angry and taken advantage of, while the parent receiving child support often feels as though the amount is insufficient to properly care for the child’s needs. Whatever the reason for dissatisfaction, the end result is sometimes that the parent paying for child support will try to hide income to avoid paying the full support payments he or she would otherwise be obligated to make. If you think this is happening in your case, it is important to contact a Texas child support attorney who can help you secure the support you need. 

Child Support Income Guidelines in Texas

Before a court can set child support payments, the judge needs to know how much money the paying parent makes and whether the child’s needs justify deviating from state child support guidelines (the paying parent is the parent who does not have primary possession of the child, meaning the child spends most of his or her time with the other parent). 

Texas child support guidelines use a parent’s annual income (rather than a monthly income) divided by 12 and reduced by standard expenses like taxes or health insurance payments for the child. When calculating income, the court will include all sources of money, including, but not limited to: 

Texas law requires couples who are getting divorced to divide their assets and debt. Usually, though not always, Texas - which is a community property state - divides assets equally between spouses. However, spouses who are afraid of getting shortchanged in their divorce or who are willing to take advantage of their spouse may be willing to hide assets to tip the asset division process unfairly in their favor. If you are getting divorced and are worried that your spouse may try to hide assets, make sure you have an experienced Texas divorce attorney. 

How Will I Know if My Spouse is Hiding Assets? 

Often, spouses will divide and conquer chores and responsibilities within a marriage. This often leaves one spouse in charge of managing a family’s financial affairs. If your spouse has been responsible for paying bills, tracking your bank account balances, and managing your retirement accounts, you may not have a full picture of your financial affairs, which could make it easier for your spouse to deceive you during the asset division process. 

While it is never possible to fully anticipate whether a spouse will try to hide assets, pay attention to your spouse’s behavior and see if your gut tells you things are not adding up. If you thought he or she made a certain amount of money, but their financial affidavit states otherwise, follow up. If a bank account balance seems low, find out why. 

Fault & No-Fault Grounds for Divorce

The State of Texas is a “no-fault state,” which means, first and foremost, that fault is not required to obtain a divorce. In addition, this also means that Texas doesn’t have any disadvantages for those who initiate a divorce with no-fault grounds. In other words, if someone files for divorce with no-fault grounds in Texas, that person won’t automatically face any disadvantages when it comes to property division, or any other issue of the divorce. Of course, a spouse’s conduct during the marriage can still be consequential even when there are no fault grounds cited; but, a spouse will not be necessarily disadvantaged simply on the basis of filing with no-fault grounds. 

The Three No-Fault Grounds

If you’re a parent, or grandparent, or even merely a concerned member of society, you should be aware of the basic purpose and operations of Child Protective Services (CPS) here in Texas. CPS performs a variety of specific functions, but all functions are ultimately carried out for the purpose of maximizing the safety and wellbeing of children. Here in the State of Texas, CPS is actually one of the departments of the Texas Department of Family & Protective Services (DFPS). 

We will devote several articles to CPS, with each article focusing on one particular aspect of its operations. In this post, we will concentrate on the termination of parental rights. As many people are aware, CPS can file a petition to terminate parental rights if CPS feels that such a motion is necessary. However, this can only be successful if certain conditions are met.

Grounds for Termination

In order for CPS to terminate a parent’s parental rights, two hurdles must be met: (1) CPS must identify and demonstrate the ground for termination, and (2) the termination must be in the child’s best interests. On the first hurdle, CPS must show through “clear and convincing” evidence to a judge or jury that the cited ground for termination exists. At the present time, the Texas Family Code recognizes a total of 21 separate grounds for termination of parental rights. The rationale of these grounds is self-evident; for instance, the first ground referenced in the Texas Family Code is leaving the child with another person, not the other parent, with no intent to return. Another ground is engaging in conduct which places the child at risk of serious physical or emotional harm.

Divorce looks a little different for everyone, but one thing is certain: Your life is about to change - a lot. Whether you anticipate a fairly peaceful divorce or a hostile separation, there are certain things you can do to get ready for divorce that will help the process move faster and more easily, plus help you recover more quickly once your divorce is finalized. Read on to learn more about divorce preparation and then contact a Texas divorce attorney for help with your case. 

Start Prioritizing Now

You may wish you could have your entire savings account and your full 401(k) balance, but that is probably not compatible with Texas divorce law - and even if it were, your spouse would hardly agree to it. Instead of thinking about everything you could have in a perfect world, think about what is really important to you. Do you want to keep your marital home? Do you hope to spend every Christmas with your children? Whatever the most important things are, start thinking about them now so you can discuss them with your attorney. 

Master Your Finances

Getting divorced today usually means learning to live on one income instead of two. When this happens, it can be difficult to begin budgeting and to getting approved for car loans or mortgages on your own. For these reasons and more, it is essential to have a thorough understanding of your finances before filing for divorce. Make sure you know your credit score, as well as any debt you owe individually or with your spouse. Begin budgeting for life on your income alone, and be sure to take into account whether you will be making or receiving alimony or child support payments. 

In an ideal situation, a child is brought up with healthy regular contact with both parents, as well as all grandparents. In reality, of course, things don’t always work out this way, particularly when it comes to grandparents. Grandparents often play a vital role in the development of children, but the law simply doesn’t give too much weight to grandparents when it comes to legal rights with respect to grandchildren. In the State of Texas, grandparents can obtain legal custody of a grandchild, but doing so is quite difficult. When compared with legal custody, grandparents may seek a visitation order with grandchildren. But, as we will discuss, even obtaining a visitation order from a Texas court isn’t easy. 

The Basics of Grandparent Visitation Orders

The difficulty in obtaining a visitation order for grandparents ultimately derives from the simple fact that parents have the highest influence when it comes to their children. Consider this point: if grandparents can simply acquire a visitation order without much trouble, how would this affect the parents’ ability to raise their child? Texas courts recognize the importance of grandparents, and the role that grandparents play in the lives of grandchildren, but courts must follow the principle that parents have the ultimate authority.

Parental visitation is a very serious matter. The State of Texas believes firmly that children do best when they have regular, supportive interaction with both biological parents – or, with both adoptive parents, as the case may be. This is why Texas courts have an elaborate system in place to ensure that court-ordered visitation schedules are enforced properly. In a typical scenario, parents develop a custody agreement, and as part of that agreement one parent has a visitation schedule. That visitation schedule allows the non-custodial parent to visit his or her child in a predictable fashion. 

The problem, however, is that sometimes the visitation schedule is denied or not honored by the other parent. Sad though this may sound, sometimes the other parent may attempt to block contact between the children and the non-custodial parent. In these unfortunate scenarios, how can the visitation order be enforced? Let’s look at the steps involved.

Step #1: Ensure that No Modification / Clarification is Necessary

Prenuptial agreements can be highly useful tools to preserve certain property interests in the event of divorce. More and more couples are utilizing these tools as people see the value in being able to predetermine certain outcomes with respect to property division. Prenuptial agreements can also be useful in predetermining spousal maintenance and other issues as well. When a prenuptial agreement is created in Texas, the creators need to follow certain steps to ensure that everything is done properly. In this post, we will go over these steps, one by one, so readers can have a sense of what this process looks like.

Step 1: Identify Goals / Interests

The first step is to simply identify the goals and interests of the parties involved. If neither of the parties have any goals which might be furthered by a prenuptial agreement, then a prenup won’t even be necessary. Prenups can only be used for specific purposes, they can’t achieve everything. So, for instance, if people want to use prenups to predetermine child support, this can’t be done, because it would be against public policy requiring both parents to support their children.  

Most people have heard of the idea of “annulment,” but few people besides family law attorneys know what this idea really means. If you’re married, you are likely curious about the details of this concept and how this concept can potentially impact your marriage. In this post, we’re going to discuss the basics of this concept and then discuss the process for obtaining an annulment here in Texas.

Annulment vs. Divorce

When a married couple obtains an annulment, this means that the marriage itself was never valid from the beginning. Annulment therefore is a declaration that the marriage was “void.” This is the critical difference between annulment and divorce. A divorce is the formal dissolution of a valid marriage, whereas an annulment means that the marriage never existed in the first place. When a marriage is declared void through annulment, this declaration carries important ramifications.