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Frisco, Collin County & Denton County Law Blog

Prenuptial agreements and your divorce

If you entered into a prenuptial agreement, you need to know how its provisions can affect the course of your divorce proceedings.

Signing a prenuptial agreement can be a good way to protect your finances in the event of a future split. While the law generally wants people to have the freedom of choosing what to agree on, there are some areas where courts are unlikely to enforce prenups.

How should I handle it if CPS knocks on my door?

Getting a visit from Child Protective Services is one of the things a parent dreads the most. Finding out that someone is questioning your parenting skills and feels as if the state needs to intervene can be a frightening, infuriating and humiliating experience. However, you are far from alone. Countless parents in Texas and elsewhere receive visits from CPS, and most cases find a resolution without having the children taken away.

Even so, this can be an uncertain time as you worry about the outcome of your case and whether you might lose your children. If you get a knock on your door and it turns out to be a social worker with CPS, stay calm and remember the following tips:

  • Ask to see the social worker’s warrant. You do not have to let CPS into your home without a court warrant, no matter how intimidating they are.
  • You can tell the social worker you need time to get in contact with your attorney. The worker will likely schedule another visit, but this will give you time to prepare for the visit and seek legal counsel.
  • The social worker may return with law enforcement. You may ask again to see a warrant, but the law may require you to let the CPS worker into your home this time.
  • During the visit, remain polite but answer questions briefly and to the point. Do not offer additional information or appear overly helpful. The CPS worker’s job is to make sure your children are safe and well cared for, but he or she is not your friend.
  • Ask for the social worker’s contact information. A business card is ideal. If you decide to record the visit for your protection, you must inform the CPS worker that you are doing so.

Holiday co-parenting tips

Depending on your relationship with your ex-spouse, co-parenting may not be easy, and it may become especially difficult during the holiday season. Whether you have or are seeking full or shared custody, you want to create the best possible environment for the kids, which in many cases is spending time with both parents.

Having a specific plan for the holidays can be quite helpful. There are a few things you should consider in your co-parenting plans through the holidays.

Modifying a Texas child custody order

When a Texas couple with minor children divorces, the custody order is a necessary and important part of the divorce judgment. Parents must continue to follow the order, as failing to do so can involve legal consequences and may ultimately even affect custody.

However, circumstances can change. Sometimes an order that made perfect sense initially may no longer work in a new situation. When this happens, you may request a modification of the custody order.

The basics of Texas child support

Divorcing Texas couples with minor children will have to deal with the issue of child support. Getting a quick overview of some basic concepts can help you better understand what to expect.

Similar to many other states, Texas law approaches issues relating to children from the standpoint of the best interests of the child. Thus, parents may not waive or agree to amounts below the state's guidelines. While they are free to compromise on their own rights, they may not do so on behalf of the child. They may, however, agree to amounts higher than those the guidelines would produce.

Nervous about divorce mediation? Follow these 3 steps

As your divorce becomes more imminent, you might be stressed about court room battles and unaffordable legal expenses. These are common reasons some divorcing couples choose mediation or collaborative divorce. These alternatives to litigation can help you save money and keep your sanity intact.

Even if you know these benefits, you might still be nervous about attending a mediation session for the first time. Before you begin, here are some important things you can to do get ready for mediation. 

New legislation affects CPS cases in Texas

The department of Child Protective Services in Texas has long been under fire for insufficient action, lack of organized protocol and questionable treatment of foster children. All of these problems have understandably shaken faith in the department, but new legislation aims to empower CPS and restore Texans’ faith in the services provided. There are a few things everybody should know about the laws.

According to the Dallas Times, the legislature extends over $500 million in new funding to CPS and the foster care system, and part of that funding may be available to people dealing with cases related to CPS. If you are facing a CPS-related legal issue, review these facts and consider consulting with a lawyer.

How does military service affect child custody in Texas?

Being a military parent is difficult on family life. You may miss important milestones in your children’s lives or have a hard time establishing a strong relationship when you are gone so often.

Divorce only compounds the problem, making it even harder to spend time with your kids when you can. It also adds complexity to child custody. Before you work out an agreement with your ex-spouse, be familiar with Texas law on military service and custody to ensure you do what is fair for both you and your children.

3 reasons military couples should divorce through mediation

Divorce is a complicated and painful process for anyone, but many of the challenges are often exacerbated for military families. If you are going through a military divorce, you are facing unique legal issues and personal difficulties. You may be wondering how you are going to get through the separation in one piece.

One route you should consider is mediation. Mediation is a viable divorce alternative that benefits military families in multiple ways. Continue reading for the top reasons you might want to consider mediating your divorce.

3 tips for divorced military parents

As a military parent, you may have concerns about how your divorce will affect your ability to spend time with your children. However, the courts recognize that it is in the children's best interests to maintain a healthy relationship with you.

Here are some ideas to help you keep up the bond you have with your children after divorce.

How To Avoid The Courtroom

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