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A strategic child custody guide for fathers
Ironically, all property rights once belonged to men, including children treated as property under the law. Women did not have any legal rights to their children.
As women gained more influence, laws relaxed and public attitudes eventually changed to the other end of the spectrum. Society reasoned that up until a child reached the age of four years, maternal care was essential for optimum growth and development.
Parental rights to share custody
Divorce courts awarded child custody to mothers unless they were grossly unfit. The courts’ reasoning was in line with the “tender years doctrine” that young children up to the age of four years old needed nurturing by their mothers.
In modern times, courts respect decisions parents make to share custody based on the parents’ fitness, not on the doctrine of tender years. If parents cannot agree on a parenting arrangement, the court steps in and ostensibly awards custody to the parent—whether father or mother—who is best able to meet the needs of the child.
Summer Break and the Move Bug!
Summer break is here for many families in McKinney, Frisco, Allen and Plano, Texas. The children get restless and everyone wants a vacation. You may be wanting a fresh coat of paint for the inside or flowers for the outside. Or you may just want to move. If you are divorced and have children, you need to check your divorce decree before you do. Chances are you may be limited in your move options.
It is the policy in the State of Texas to encourage frequent contact between parents and their children when the family is no longer intact. So, after a divorce or custody case, the Court, more often than not, imposes a geographical restriction on the child's residence. You may have heard of parents saying their divorce decree prohibits them from moving. Well, the divorce decree only restricts the child's residence.
Our Divorce Brochure Is Here
The Ramage Law Group is proud to present our new divorce brochure. For more information, click here to read our new divorce brochure.
How soon should you establish paternity?
In Texas, the Office of the Attorney General explains that to establish a legal connection between father and child, you have to establish
If you are not married to the mother, to establish paternity, you need to sign an Acknowledgment of Paternity form. You can complete the process quickly by simply signing a form with the mother. Parents have an opportunity to sign an AOP before the child's birth, during and after.
In other situations, you may use a court order to establish paternity. After you open a case with the Office of the Attorney General, you go through the process to determine paternity. There will likely be DNA testing to prove paternity.
Should your legal team include a forensic accountant?
As you proceed with your plans to obtain a Texas divorce, you may experience an uneasy feeling that your spouse has set about attempting to hide marital assets from you, especially if you and (s)he represent a high-asset couple. As you probably already know, Texas is a community property state in which, per law, spouses own all marital assets 50/50 and must divide them up that way in a divorce. Consequently, should your spouse indeed be hiding some of these assets, (s)he will receive more than (s)he should during the divorce and you will receive less than you should.
Unfortunately, due to today's technology, spouses have more opportunity to hide assets and more ways in which to do it. In addition, as FindLaw explains, such hidden assets may be exceedingly
April is Autism Awareness Month
It's April – Autism Awareness Month!
What is Autism? It seems to be mentioned in the news almost daily. Our families with children on the spectrum each have their unique understanding of Autism and how it has affected their lives and their children's lives. However, does the public truly understand Autism Spectrum Disorder?
Autism Spectrum Disorder refers to a range of conditions characterized by challenges with social skills and social reciprocity, repetitive behavior, deficits in verbal and nonverbal communication, and unique strengths and differences. Autism's most obvious signs tend to be seen between the ages of 2 and 3, such as when a parent notices that her child does not respond to her, engages in repetitive behavior, or concentrates on an object rather than interacting with parents and other family members. However, some of the more subtle signs of autism may be overlooked or misunderstood in some children only to be diagnosed later in life.
Post-Divorce Follow-Up May Be Needed On Retirement Accounts
Your divorce agreement or decree puts to rest the legal issues involved in the divorce. That said, it does not necessarily resolve all the practical issues. Some of those practical issues involve following up on your retirement accounts.
You’ll want to ensure any division is completed correctly and that your accounts are as you want them going forward.
Follow up on your QDROs
A qualified domestic relations order (QDRO) is required by the IRS whenever shared IRAs, 401(k)s, 403(b)s and other retirement accounts are divided. It is needed to ensure that people below the age of retirement aren’t charged taxes and early withdrawal fees when moving assets due to a divorce.
In fact, many plans require a QDRO that complies with plan rules in order to make divorce-related transfers. A plan-compliant QDRO should be part of your divorce settlement or decree if you planned to move any retirement assets. However, it's a good idea to follow up with each affected plan to ensure that they received the QDRO and consider it compliant. If they don’t, contact your divorce attorney.
What Are Fathers’ Rights? Aren’t Both Parents’ Rights The Same?
The Fathers’ Rights movement involves a large array of different groups. On the whole, however, the movement fights for more equal child custody (conservatorship, possession and access) rights for fathers.
In the U.S., the movement arose in the 1960s and 1970s, after divorce rates began rising dramatically. At that time, many courts operated on the presumption that it was in children's best interest to live primarily with their mothers. As a result, mothers got the large majority of the available time with their kids, while fathers were often relegated to “visitor” status.
Many divorcing men found themselves responsible for large alimony and child support payments, even though they had little say over their children's upbringing and got to spend only a few days a month with their kids.
Over time, many states passed laws to remove any presumption that mothers should be given primary custody. Now, courts try to make their parenting orders in the best interest of the children.
Spring Break is Here! Now It's Time to Plan for Summer!
Are you enjoying Spring Break with your children? Spring and Summer give parents time to reconnect and bond with their children, especially after divorce. If you share custody of your children, chances are you need to begin planning for your summer possession periods.
Where to Start?
The first place to start is your most recent custody order, whether it is your divorce decree or an order modifying your divorce decree. First, weekend possession continues during the summer, except when each parent is enjoying extended visitation with the children. If you have a Texas Standard Possession Order and are the non-custodial parent, you should have given notice to the other parent of a thirty-day period in which you plan to exercise summer possession of your children. If you failed to give notice, no need to worry. Your summer possession period defaults to the month of July. The custodial parent may then take a weekend from your extended summer visitation period by notifying you on or before April 15 of his desired weekend. Additionally, the custodial parent may also designate a weekend that is outside of your summer visitation during which you may not exercise visitation, so long as it does not interfere with Father's Day weekend or your designated summer possession.
Is It Time For A Change?
When you divorced, you probably did not anticipate all the possibilities that could make a change in custody necessary. Like many parents, you may have assumed that once the Judge signed your divorce decree, custody and visitation were set in stone. However, sometimes arrangements become unsuitable for the parents and the children. It is possible to modify custody orders in Texas, so you do not need to feel stuck with an unworkable order. However, there are conditions that must be met before the Court can modify your existing arrangement.
Change in Custody
The term “custody” is commonly used to describe the child's primary residence. In other words, which parent establishes the child's primary residence. If a parent wants to change that custody arrangement, he must show a material and substantial change in circumstances of a parent or a child, and that the requested change is in the child's best interest. When is there a material and substantial change? It depends on the facts, and often the timing of the request is critical.
Finding The Right Attorney Matters. Contact Us Today.
A family lawyer does much more than simply provide legal answers. Our lawyers explore a variety of different solutions to help you achieve your goals and secure your family's financial and emotional future and stability.
To discuss your case or set up a consultation, call us at 972-562-9890 or use the online contact form.
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