Having a parenting plan overturned, or visitation rights denied can be incredibly frustrating and upsetting for parents. Unfortunately, it is not uncommon for one parent to attempt to prevent the other from seeing their child after separation or divorce. If you are facing this difficult situation, there are some steps you can take. A Texas lawyer can help ensure this situation does not worsen for you.

Review Your Current Court Orders

Your first move should be to thoroughly examine any decrees, custody orders, visitation schedules, or parenting plans that are in place. These court mandates outline each parent's rights and responsibilities. Make sure you understand what the orders state about visitation and custody.

Document Every Attempt to See Your Child

When the other parent blocks scheduled visitation, carefully document each attempt you make to see or get in contact with your child. Save any relevant texts, emails, voicemails, etc. Note dates, times, who you spoke to, and what was said. Concrete records will help prove the denial of court-ordered access.

Life after divorce sometimes necessitates revising court-ordered alimony. When major circumstances change, the original payments may become impractical or unfair for one spouse. Texas law allows alimony modifications, but only if you meet strict filing and evidentiary burdens. With the help of a Texas lawyer, you can petition to legally adjust divorce decree alimony terms that no longer fit your situation.

File Your Petition Promptly

To request an alimony modification in Texas, you must file a petition with the court that granted your divorce using the same cause number. The petition outlines the revised alimony terms you are seeking and evidence justifying the change. Timing requirements depend on which party files the petition:

• For recipients, a petition can only be filed after an initial waiting period after divorce dictated by the court (often 6-12 months).

• For payers, a petition must be filed before the date the current alimony obligation is set to terminate.

• Submit petitions promptly when eligible to increase the likelihood of approval.

Prove a Substantial Change in Circumstances

Under Texas law, the party filing the modification petition must provide clear and convincing evidence that circumstances have materially changed since alimony was ordered, making the current payments overly burdensome or insufficient. Common substantial changes include a payor spouse losing their job, a recipient spouse becoming disabled, or an unexpected windfall or bankruptcy. Significant changes in income or assets must be quantifiable through documentation like tax returns, pay stubs, and bank statements. Minor or temporary changes in finances generally do not meet the required threshold. The emphasis is on showing the overall economic situation is now permanently different.

Splitting up property during a divorce can be tricky. The law aims for equitable division, but high emotions can complicate things. Spouses may hide assets, undervalue the family home, get sneaky with retirement accounts, or do something else they legally should not be doing. So, how do you protect what is rightfully yours? How do you know if they could be hiding assets or something else? A Texas lawyer can help you through this.

Understanding Community Property Rules

In Texas, community property laws govern divorce asset division. Marital property acquired during the marriage is jointly owned. This commonly includes:

• Earnings, income, stock options from employment
• Real estate like the marital home or investment properties
• Vehicles, jewelry, art, and collectibles purchased while married
• Retirement accounts like 401(k)s funded during marriage
• Joint bank accounts and investments

Debts taken on jointly during marriage are also classified as communal liabilities. Separate property owned before marriage or received individually as gifts or inheritance remains individual.

Texas is a community property state, which means marital assets are typically divided equally in a divorce. However, Texas law does recognize separate property owned before marriage or received as a gift or inheritance during marriage. 

Spouses can protect documented separate property when dissolving the community estate. A Texas lawyer can help you with your case to ensure your rights are met during your divorce.

Defining Separate vs. Community Property in Texas

Under Texas Family Code Section 3.001, marital property is classified as either community or separate.

Going through a divorce in Texas can be extremely difficult on top of being a potentially complex legal process. Without guidance from a family law attorney, many people make critical mistakes that can negatively impact their case both in the near and long term. Here are some of the most common pitfalls to avoid if you are getting divorced in Texas.

Failing to Gather Important Documents Early On

Not having all your financial statements, tax returns, property records, mortgage documents, investment accounts, and other key paperwork organized ahead of time can significantly stall the legal proceedings. Make copies of all shared assets and debts. Locate any prenups, marital agreements, or deeds. Do not make your lawyer hunt down disorganized paperwork.

Forgetting to Change Beneficiaries

It is crucial to remember to update life insurance policies, retirement accounts, and any other assets that still designate your soon-to-be ex-spouse as beneficiary. Failing to remove your spouse could award them funds later on outside the divorce settlement. Updating beneficiaries prevents problems down the road.

In high-conflict child custody disputes during a Texas divorce, the court may order a formal custody evaluation to help determine parenting arrangements that serve the child’s best interests. This in-depth assessment is conducted by a qualified, court-appointed professional evaluator, usually a psychologist or psychiatrist. Their investigation and recommendations carry significant weight in final custody determinations. With so much on the line, proper preparation is crucial for parents navigating a custody evaluation. A Texas attorney can help you along the way.

Understanding the Role of the Evaluator

Custody evaluators have extensive training in family dynamics, child development, and psychology. They act as neutral third parties, not as advocates or therapists. Their role is to conduct an unbiased investigation and provide expert recommendations to the court regarding custody and visitation arrangements that promote the child’s physical safety and psychological well-being, per Texas Family Code provisions.

Selecting the Right Evaluator

Texas family courts maintain rosters of qualified professionals who can serve as child custody evaluators. They have backgrounds in psychiatry, psychology, counseling, or social work. Attorneys from both sides will jointly select an evaluator from the court’s list. Look for relevant expertise with your family’s specific issues. An unbiased track record is also key.

Divorce is not only emotionally taxing but also financially intricate, especially when it comes to dividing marital assets. In Texas, the process of splitting money and property is guided by community property laws, which will, along with the spouses or judge, dictate the final settlement. Understanding how money is divided during a divorce in Texas is crucial for both spouses to ensure a fair and equitable outcome. It is best to enlist the skills and knowledge of a Frisco high net worth divorce attorney to help ensure your rights are protected.

Community Property Laws in Texas

Texas is one of the few states in the United States that follows the community property system. Under this system, any assets acquired during the marriage are generally considered community property, belonging equally to both spouses. This includes income, real estate, investments, and other property obtained during the marriage. Community property laws work the same in a high net worth divorce.

Separate Property

However, not all assets fall under the umbrella of community property. Separate property is assets owned by one spouse individually before the marriage or acquired by gift, inheritance, or personal injury settlement during the marriage. These assets are generally not legally subject to division during divorce.

Alimony, or spousal support or maintenance, is a financial arrangement designed to assist one spouse after a divorce financially. In Texas, alimony isn't as common as in some other states. However, family courts may still award it in certain situations. If you are going through a divorce in Texas, it's essential to be aware of the various types of alimony that could come into play. When you hire an experienced Frisco spousal support attorney, they can help you understand the different types of alimony in Texas and the factors that courts consider when awarding it.

Temporary Alimony 

Courts sometimes award temporary alimony to a lower-earning or financially disadvantaged spouse during the divorce proceedings. This support is meant to help the recipient spouse maintain their standard of living until the divorce is finalized. 

To be eligible for temporary alimony in Texas, the requesting spouse must demonstrate financial need and meet specific criteria, such as having been married for at least ten years or being a victim of family violence. If you have such a need, your Frisco spousal support attorney can help you establish it with the court.

If you have adopted a stepchild, you may wonder if you can retain parental rights after divorcing the child’s biological parent. While Texas law considers you a legal parent after adoption, terms and conditions may vary.  Knowing how child custody arrangements work and your responsibilities as an adopted parent can help you make an informed choice during these complex cases.  

Understanding Your Parental Rights as an Adopted Stepparent  

Legally, stepparents do not have any parental rights under the Texas Family Law. However, you acquire the same rights as a biological parent if you legally adopt the stepchild. 

As a community property state, marital property is divided evenly in a Texas divorce. Does the same rule apply to your business? Our attorneys answer this question by exploring the implications of the community property rule. We also share strategies you can adopt during property division to reach a positive and profitable outcome after a divorce. 

Understanding the Implications of Texas as a Community State  

Texas divorce laws characterize assets and debts accumulated during marriage as marital property. According to the community property rule, these assets and financial obligations are split equally between divorcing spouses. 

Your business does fall into this category if you started the venture after marriage. Or if your spouse became a stakeholder, investor, or business partner in the company after marriage. 

When it comes to divorce decrees, situations may arise where modifications are necessary to ensure that the agreement aligns with the evolving needs of the parties involved. In this article, we will explore the process of modifying a divorce decree in Texas, highlighting the importance of seeking professional legal guidance to navigate this complex procedure successfully.

Modifying a Divorce Decree in Texas

Life is full of unexpected twists and turns, and sometimes the terms outlined in a divorce decree no longer reflect the current reality of the individuals involved. Whether it's a significant change in income, relocation, or alterations in the needs of children, it is crucial to recognize when modifications are warranted.

Common Reasons for Modification

Modifications to divorce decrees in Texas typically revolve around key aspects such as child custody, visitation rights, child support, spousal support, and property division. Significant life events, such as job loss, a substantial increase in income, or medical issues, can necessitate changes to these crucial elements.

 Child custody or visitation pertains to the legal process determining how much time a child spends monthly with each parent after a divorce. Texas child custody laws can be complex and stressful to navigate. The final terms are determined by a judge, which can differ on a case-by-case basis. 

How Texas Describes Child Custody Issues

Conservatorship refers to the duties and rights of the parents when it comes to making important decisions for their children. This includes their schooling, medical decisions, religious decisions, etc. In this case, the parents can decide to allow one parent to make all the decisions (Sole Managing Conservatorship) or allow both parents to (Joint Managing Conservatorship). When the court is deciding the rights and duties of a parent, it takes several factors into account. 

Access or possession refers to physical child custody or when a parent can visit a child. They can opt for either standard or extended standard visitation schedules in Texas. But they can customize the schedules per their needs, or the court can do so based on the child's best interests. 

According to Texas law, divorcing couples must disclose all relevant information regarding their assets. This can include property, financial accounts, retirement assets, and more. If you suspect your spouse is dishonest in disclosing their assets, contact a skilled divorce attorney in Collin County. 

Signs Individuals Are Trying to Hide Assets 

Here are some ways an individual might use to conceal marital assets:

• Transferring property or money out of joint possession or a joint account and into the possession of a relative or friend

  ...

 Child conservatorship guidelines in Texas refer to the legal framework that governs the rights and responsibilities of parents or guardians over the upbringing of their children. This includes decisions regarding the child's education, healthcare, religion, and welfare. 

The state of Texas assumes that both parents have an important role in their child's life, and it is in the child's best interest to have frequent and continuing contact with both parents. However, this assumption can be overcome with sufficient evidence. In some cases, it is better for only one parentto have authority over and responsibility for the child. 

Understanding Conservatorship in Texas

In Texas, child custody is referred to as "conservatorship." There are essentially two conservatorships. The first is “sole managing conservatorship," and the second is "joint managing conservatorship." 

Texas law values parental rights very highly, so parental rights can only be terminated under very specific situations. The state recognizes that there are certain circumstances where it is necessary to terminate parental rights for the well-being of the child.

Grounds for termination of parental rights in Texas are severe and can only be done with the approval of the court. Typically, such measures are taken during adoption cases.

A Frisco adoption lawyer can help you navigate the legal process of terminating parental rights in Texas.

Fathers often feel that they are at a disadvantage when it comes to family law, especially during a divorce in Texas. They often worry about child custody and support, because they are unsure about their rights. If you are a father going through a divorce in Texas, or through a child custody dispute, consult a Frisco divorce lawyer who can protect your legal rights. That being said, the following blog is intended to help you better understand your legal rights in the Lone Star State.

Gender-Neutral Adjudication

Unlike in previous decades, courts are now required to adjudicate child custody in a gender-neutral manner. This means that mothers are no longer presumed to be the most suitable parent for custody, and fathers are recognized as equal partners during child custody cases or divorce in Texas.

Joint Custody First

Texas courts seek the best interest of the children during a divorce, which helps eliminate any gender bias. So instead of presuming mothers as caretakers and fathers are providers, the courts consider all things in the best interest of the children.

The divorce rate has tripled for people who are 65 years of age and older. At this stage of life, you likely have more assets to divide than other couples, and you may be more set in your ways. But if you have made the decision to end the marriage, you will likely have to divide both assets and liabilities. A skilled divorce attorney can help you make sense of the division of marital assets and how to protect your interests.

Property Division

If you and your spouse purchased a home during the marriage, or any other property, for that matter, it is subject to division during the divorce. Texas is considered a community property state which means marital property is divided equally. In other words, property acquired during the marriage is considered joint property and should be divided in a divorce proceeding. Separate property includes assets acquired before marriage.

What Happens to Our Business?

If you and your spouse have a business, it is important that you preserve your investment. You need an attorney who knows how to determine the value of a business and make sure your interests are protected. At The Law Office of Linda Risinger, we will agree on strategy and valuation methods with a business appraiser and negotiate a fair settlement for the division of business assets.

After a divorce, a parent can relocate to wherever they wish. However, if there are children involved, moving is more complicated. Parental relocation is not always an immediate issue after a divorce, but as time goes by, things may change. For example, a parent may have an employment opportunity out of state or have a new partner with plans to marry and move.

Court Order May Be Required for the Relocation

Under Texas law, the parent with primary custody has restrictions on his or her ability to relocate with children in tow. If the circumstances are such that one parent needs to move out of state, they can simply give up custody and move. Child custody would then be transferred to the other parent.

In Texas, the parent with primary custody is only allowed to move into any county next to the one in which the divorce was finalized or to any location that is within the same county. However, moving out of state or a few counties away requires a court order to be obtained by the custodial parent.

It is tax season, and if you are getting a divorce, you are probably thinking the timing could not have been worse. A divorce is not only emotional, but it comes with its share of financial challenges related to tax considerations. This stressful time may divert focus away from important decisions that could affect the taxes you pay. At the The Law Office of Linda Risinger, we help clients with every aspect of their divorce, including figuring out their tax implications and helping identify potential advantages.

Filing Tax Returns

Marital standing impacts everything from your filing status to whom you can claim as a dependent. If your divorce is not final yet, you may be able to file a joint tax return even if you no longer live together with your spouse. This could be advantageous, because it may make you eligible for a higher standard deduction when you combine your income with your spouse on the same tax return. On the flip side, when you file jointly, you will both be liable for all taxes due, even on income that your spouse earned.  

Child Custody and Impact on Tax Obligations

According to the IRS, one parent is allowed to claim a child as a dependent each year. If you have more than one children, you can claim one, the deductions for different children may be divided between you and the other parent. Usually, the parent with primary custody is eligible for exemptions and credits that can reduce their tax liability. In some cases, a parent with a lower income may agree to give up the exemption and allow the parent with a higher income to gain the benefits of claiming the child as a dependent.

Talking about your divorce on social media should really be off-limits. Remember that anything you share online could somehow wind up in the hands of your soon-to-be-ex and could easily be used against you during the divorce proceedings. In fact, Facebook is the main source of online divorce evidence, according to 66 percent of attorneys surveyed by the American Academy of Matrimonial Lawyers. The last thing you should do is post photos of you and your new partner on vacation. It is best to post nothing about the divorce to avoid additional conflict and legal consequences.  

Stay Away From Social Media 

Plainly put, do not do it! Stop using social media until after the divorce is finalized. If you are unable or unwilling to do that, only post positive affirmations. Do not do anything that could jeopardize your negotiations or increase conflict. It is best not to discuss your case online. Even if you and your spouse are on friendly terms, do not share details of the negotiations on social media. 

Make sure you change your privacy settings to the highest levels and that your friends do not tag you in their posts. Remove your relationship status on Facebook and unfriend those who may engage in harassing or cyber-stalking behavior.