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Recent Blog Posts

Child Custody and Conservatorship in Texas - What You Should Know

 Posted on June 02, 2023 in Child Custody

shutterstock_448217437-min.jpg 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. 

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Uncovering Hidden Assets in Divorce: How Our Attorneys Can Help

 Posted on May 19, 2023 in Divorce

frisco divorce lawyerAccording 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

  • Opening overseas accounts or making foreign investments

  • Suddenly spending excessive sums of money on unnecessary purchases or activities

  • Destroying or altering financial records

  • Funneling money into a business entity under the guise of business expenses or additional payroll

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Child Conservatorship Guidelines in Texas: What You Need to Know

 Posted on May 15, 2023 in Child Custody

frisco child custody lawyer 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." 

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Grounds for Termination of Parental Rights in Texas

 Posted on April 18, 2023 in Adoption

frisco family law attorneyTexas 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.

Abandonment

Perhaps the most straightforward ground for termination of parental rights is abandonment of the child. Typically, the parent must have left the child alone without any communication or support for at least six months, before termination can be approved.

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What Rights Do Fathers Have in Texas?

 Posted on April 05, 2023 in Child Custody

frisco divorce lawyerFathers 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.

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Property Division in Your Golden Years: What Assets Must I Give Up in a Texas Divorce?

 Posted on March 30, 2023 in Divorce

collin county divorce lawyerThe 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.

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I Need to Relocate with My Child after My Divorce

 Posted on March 10, 2023 in Divorce

frisco relocation lawyerAfter 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.

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How Will Divorce Affect My Taxes?

 Posted on February 27, 2023 in Divorce

Denton divorce lawyer for tax considerationsIt 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.  

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Posts on Social Media Can Be Used Against You in a Divorce

 Posted on February 08, 2023 in Divorce

Frisco divorce attorneyTalking 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. 

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CPS is Investigating My Family and We Did Nothing Wrong

 Posted on January 25, 2023 in Child Protective Services

Denton County, TX child protective services lawyerWe have a system in the United States designed to protect children. And when there are reports of child abuse or neglect, Child Protective Services (CPS) will step in and investigate the allegations. In Texas, investigators will determine if the children in the home face any threats to their safety and a close look at the parents will quickly take center stage. At The Law Office of Linda Risinger, we suggest hiring a CPS defense attorney as soon as you know that CPS has begun investigating.

Cooperating with CPS

CPS usually becomes involved with families after the Texas Department of Family and Protective Services decides that the children are not safe in the home. CPS will determine if the family has abused the child. But these kinds of cases can become complicated.

What Are Investigators Looking Into?

Investigators typically will interview various parties who can shed light on the case and they will dig for information in the following ways:

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