Posted on April 11, 2024 in Family Law

Being married comes with certain rights and benefits under Texas law. Married spouses, for instance, have rights to certain properties and assets acquired by each other during the marriage. Spouses also may have rights to benefits in the event of a divorce, such as :

• Spousal support, or alimony

• Inheritance rights

• The right to a fair distribution of marital property

• The right to act on behalf of your partner in certain cases

Unmarried couples who live together, however, do not necessarily have access to such benefits. As always, it is best to consult with an experienced family lawyer who can help you understand your rights. 

A question often asked by unmarried couples is if they can receive those benefits from a common law marriage. This article will discuss what a common law marriage is and how unmarried couples can still receive the benefits of marriage through a cohabitation agreement.

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 Posted on March 25, 2024 in Child Custody

Parental alienation is a difficult issue that may arise in child custody cases, and it is essential to understand its implications. This occurs when one parent engages in behaviors that intentionally or unintentionally undermine the other parent’s relationship with their child or children. It can have severe consequences for the children involved and can significantly impact the outcome of custody proceedings. A Texas lawyer can help you if you find yourself in this situation.

Understanding Parental Alienation

Parental alienation can manifest in various ways, such as:

• Badmouthing the other parent in front of the child.
• Limiting or interfering with the child’s communication or visitation with the other parent.
• Making the child feel guilty or disloyal for spending time with the other parent.
• Portraying the other parent as untrustworthy, unsafe, or unloving.

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 Posted on March 11, 2024 in Child Custody

A child custody case can be an emotional and stressful experience for any parent. However, there are some steps you can take to prepare yourself and set your case up for potential success. A Texas lawyer can help you navigate the process.

Understand Child Custody Laws in Texas

The first and most critical component of preparing for a child custody case is educating yourself on the child custody laws in our state. Texas utilizes the “best interests of the child” legal standard when determining custody arrangements. The court examines factors like the child’s safety and stability, the ability of each parent to care for the child, any history of family violence or abuse, or similar. Knowing these laws and how judges make decisions can guide your strategy.

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 Posted on February 26, 2024 in Child Protective Services

As a parent, you have certain inalienable rights when it comes to raising your children as you see fit, provided you do so responsibly and lovingly. However, in some unfortunate cases, Child Protective Services (CPS) may overreach their authority and infringe upon parents’ rights. CPS both properly and improperly insert themselves into families’ lives. A Texas lawyer can help when you encounter this situation.

Unjustified Investigations

CPS serves the critical role of investigating credible claims of abuse and neglect to protect vulnerable children. However, occasionally, CPS will pursue investigations based on unreliable reports, circumstantial evidence, or personal biases. Some warning signs of an unfounded CPS investigation include:

• Allegations from sources with clear ulterior motives or lacking credibility

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 Posted on February 12, 2024 in Child Custody

Texas law allows grandparents to petition the court for access to or custody of their grandchildren in certain circumstances. These legal options uphold the grandparent-grandchild relationship when the parents are unable or unfit to care for the children properly. A Texas family law attorney can help determine if you have legal grounds for grandparent rights.

If the Parents Are Deceased, Act Quickly

First, if one or both parents pass away, Texas grandmothers have 90 days after the date of death to petition for access to their grandchildren. Because parental rights were intact before their death, grandparents must prove to the court that ongoing contact would serve the child’s best interest. The court determines the best interest by factors like:

• The past close relationship between grandparent and grandchild

• The grandparent’s willingness to care for and support the child

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 Posted on January 25, 2024 in Divorce

Going through a high net worth divorce introduces complex financial and asset division decisions. With significant marital property at stake, you need an experienced Texas divorce attorney on your side fighting for your best interests. While your lawyer handles the legal strategizing, there are also moves you can make to strengthen your case.

Document All Assets and Financial Records

High net worth divorces involve untangling extensive assets, investments, properties, and accounts. The more records you have documenting these holdings from the beginning, the better. Compile tax returns, bank statements, mortgage details, brokerage reports, and any other files proving assets in your or your spouse’s names. Thorough documentation prevents your spouse’s legal team from hiding or undervaluing assets during proceedings.

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 Posted on January 10, 2024 in Military Family Law

Getting divorced when one parent serves full-time in the military adds extra layers of complexity for establishing child custody. On top of normal custody factors, you must consider the service member’s duty stationing, deployment status, and frequent relocation. It is beneficial to understand how child custody considerations differ for military families, and a Texas divorce lawyer can help you figure this out.

Jurisdiction and Governing Laws

The state holding jurisdiction over your child custody case depends on your child’s home state residence. The Service Members Civil Relief Act allows the service member to keep permanent residence status in one state even when temporarily stationed elsewhere.

Some divorces fall under military jurisdiction according to the Service Member’s Civil Relief Act and the Uniform Child Custody Jurisdiction and Enforcement Act. Others stay at the state level based on the children’s primary home location for the past six months. Courts also weigh when to apply state laws vs. federal regulations governing custody involving military members.

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 Posted on December 22, 2023 in Property Division

When facing a divorce in Texas, one major concern is how marital property will be divided – and how it will impact your financial future. As a “community property” state, the assets accumulated and debts shared during your marriage must be split equitably between spouses. It is vital to protect your entitlements in the process. A Texas property division lawyer can help make sure you take the proper steps.

Understand What Comprises Marital Property

The property subject to division in your Texas divorce encompasses the house, land, retirement investments, savings accounts, and debts tied to you and your spouse jointly during the marriage—regardless of whose name is on the accounts or titles. Everything is essentially considered shared 50/50 pending “just and right” adjustments. Even separate inherited or gifted property can become marital property. An attorney can determine your spouse’s claims.

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 Posted on December 07, 2023 in Child Custody

When parents divorce or separate in Texas, both maintain rights to see children regularly unless shown as unfit. However, absent formal agreements, mothers often assume primary custody by default, limiting fathers’ access. Working with a Texas lawyer can help seek fair visitation ensuring ongoing parental involvement post-separation, which is important for your child to see both parents.

Filing a Custody Suit

If unable to resolve custody privately, you should file for a court order legally designating visitation rights. Begin by submitting either a Suit Affecting the Parent-Child Relationship (SAPRC) or legal action like a divorce or annulment petition with requests for defined access provisions. Outline reasonable schedules allowing quality time based on work constraints like shift hours. Illustrate capabilities nurturing children’s development needs.

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 Posted on November 20, 2023 in Family Law

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.

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