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Recent Blog Posts
When Do Parents Need to Take Steps to Establish Legal Paternity?
When parents are married, a child’s paternity is usually not in doubt. Since a mother’s spouse is presumed to be a child’s parent, a married father will be able to share in child custody if the couple chooses to get a divorce. However, matters related to custody can become more complicated if a couple is unmarried, and in these situations, fathers may need to establish paternity. This will ensure that both parents will have the obligation to provide child support and meet their children’s financial needs. For unmarried parents, it is important to understand when paternity may need to be established and the procedures for doing so.
Presumption of Paternity in Texas
There are certain situations where a man will be legally presumed to be the father of a child. This means that regardless of whether the parents remain married, are in an unmarried relationship, or are separated or divorced, the father will have the right to share child custody. Depending on agreements between the parents or decisions made in family court, a father may participate in making decisions about how children will be raised (known as legal custody or conservatorship), and he will have the right to reasonable possession and access of the child (visitation). He will also have the obligation to financially support the child, or if he has primary physical custody, he may receive child support from the child’s mother.
What Rights Do Parents Have as Conservators of Their Children?
There are multiple types of situations where parents will need to address child custody issues. While this is most commonly a factor in divorce proceedings, parents who are unmarried may also need to determine how they will share custody of their children. In Texas, the legal custody of children is known as “conservatorship,” and parents will need to understand the rights and obligations that will apply to them, including in situations where parents are named as joint managing conservators or when one parent will have sole conservatorship of their children.
Rights of Sole or Joint Conservators
In most cases, family courts presume that it is best for parents to share joint conservatorship. However, there are some situations where sole conservatorship may be appropriate, including when one parent has not been closely involved in children's lives, or when a parent lives in another state. Even if one parent is named the sole managing conservator, the other parent may be named a possessory conservator, allowing them to spend regular visitation time with their children.
How Is the Amount of Spousal Maintenance Payments Determined?
During a couple's divorce, one party may ask for financial support from their former partner. This form of support is officially known as spousal maintenance in Texas, although it can also be referred to as alimony or spousal support. Maintenance will not be an issue that will be addressed in every divorce, but it may be a factor in cases where one spouse earns most or all of the income used to provide for a family's needs, especially if the other spouse may struggle to support themselves while also caring for children or other family members. In cases where spousal support is appropriate, the parties will need to understand how the amount that one spouse will pay to the other will be determined.
Factors Used to Determine Spousal Support Payments
Generally, spousal maintenance will only be awarded in a small number of situations. These may include cases where a spouse has a disability that prevents them from earning an income or devotes their time to caring for a child with a disability. If these issues are not a factor, spousal support will usually only be granted if a couple was married for at least 10 years and a spouse will be unable to support themselves financially, such as when a spouse has been a homemaker for the majority of the couple's marriage.
5 Types of Valuable Assets to Consider in a High Net Worth Divorce
Couples that choose to end their marriage and get a divorce will need to address a variety of issues related to their property and finances, their children, and other areas of their lives. While these issues can be complicated in any situation, those who are involved in a high asset divorce may need to deal with multiple types of complex assets. By understanding the types of marital property that may need to be considered during the divorce process, couples with a high net worth can make sure they are approaching financial matters correctly.
Addressing and Dividing Complex Assets
For divorcing couples who reside in the state of Texas, community property must be divided in a matter that is “just and right.” Community property includes all assets and debts acquired by either spouse while they were married. In high net worth divorce cases, a couple may need to consider complex assets, including:
How can a parent's substance abuse issue affect custody?
Texas courts prioritize keeping both parents positively involved in children's lives when they divorce or separate. Under a custody order, a child usually lives primarily with one parent, but both typically receive joint custody and work together to make important decisions for their child.
However, when your former partner's drug or alcohol abuse or addiction puts your child's safety at risk, there are steps you can take to protect them by changing a child custody order. Texas law allows modifications when a material or substantial change occurs in the parent-child relationship.
How courts respond to substance abuse claims
Texas family courts generally take quick action when a co-parent's substance abuse problems affect their ability to care for their children. This applies to those who abuse illicit drugs or misuse prescription medications. How courts react typically depends upon when the issue is raised:
Why should my fiancé and I consider a prenuptial agreement?
Preparing for a wedding is an exciting and joyous time. Let's face it. Most people believe talking about a prenuptial agreement can be a real buzzkill for people in love. No one wants to think about how their relationship will end.
But adopting a different mindset over prenups can bring many benefits. Texas couples who have gone through the process realize it's one of the best ways to have meaningful discussions early on that can provide peace of mind for circumstances that are impossible to predict.
How a prenup works
Prenuptial agreements are legal contracts showing how assets will be treated during a marriage as well as if divorce happens. Also called premarital agreements, prenups help couples:
- Identify assets and estates for each party
- Outline marital vs. separate property
- Define property and alimony rights
Why should I consider a collaborative divorce?
If you model your strategy after popular films or TV dramas portraying divorce, you’d likely pursue a high-conflict court battle to air your grievances against your soon-to-be ex-spouse. If your partner cheated or neglected you during the marriage, you have every right to feel that way.
But, in real life, only a small percentage of divorces go to trial. In fact, less than 10% result in litigation. The majority of divorcing couples want the experience to be quick and painless, especially if they have children. A peaceful resolution is usually best for everyone.
The benefits of collaboration
Collaborative law seeks to preserve the interests of both spouses in a divorce. It's an approach that stresses the areas where you agree and tries to find creative solutions for the issues where you don’t see eye to eye. Here are some of the main benefits:
How does parental relocation work in Texas?
Life is ever-changing. As such, child custody orders aren’t always permanent. In Texas, modifications to possession orders are possible when one parent needs to make a substantial change, such as moving to another part of the state or out of state for a new job.
Child custody disputes are often the most hotly contested divorce issues. Parental relocation requests are challenging regardless of whether you are the parent who wants to move, or you oppose your co-parent's request for a modification. These requests can be difficult to resolve because of the strong preference that children maintain frequent and consistent contact with both parents. In most cases, a relocation request disrupts that relationship.
Courts consider the child's best interests
Texas family courts typically place geographic restrictions over a child's residency to ensure continuing contact with both parents after a divorce. When one parent needs to relocate, courts consider the child's age and other factors, including:
What should I know if I’m considering a divorce?
Spring is here, and for many Texans, it's a time of hope and renewal after a long and stressful two years. It's also a time for many couples to reassess their marriages, especially those who put divorce plans on hold during the pandemic.
If you and your spouse have already separated or attempts to strengthen your marital bond haven’t gone as planned, you may be thinking of taking the next step to ending your marriage. But you likely have a lot of questions.
Focus on the three main divorce issues
The first impact of divorce is always emotional, whether intense sadness or anger. There's nothing wrong with that. In fact, it's the normal way to respond. But once the divorce process begins, it's crucial to focus on the three primary legal aspects:
- Child custody: In Texas, custody is called conservatorship. Courts generally award joint managing conservatorship, meaning parents share in decision-making for their kids, even if they primarily live with one parent. The parent without primary custody is called the possessory conservator. If you and your spouse disagree on a parenting plan, a court will decide for you.
How do I avoid parenting time issues during spring break?
Winter is winding down, and many families – especially the kids – anxiously await spring break. For divorced or separated parents, this can be a stressful time as it affects the regular possession schedule. But making this an enjoyable experience for your kids should be the goal for both you and your ex.
If you and your co-parent follow a Texas Standard Possession Order (SPO), you likely already know that the Lone Star State has an odd-even schedule over spring break possession. The rules differ depending on whether parents live within 100 miles of each other.
Spring break parenting time rules
Under an unmodified SPO, co-parents who live within 100 miles alternate possession during spring break each year. For 2022, that means possessory conservators – noncustodial parents – have the children. The rules state:
- Possession begins at 6 p.m. on the day the child is dismissed from school for spring vacation.
- Possession ends at 6 p.m. on the day before school resumes.
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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