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Recent Blog Posts

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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Child Support for Children with Disabilities

 Posted on January 12, 2023 in Child Support

Frisco, TX child support lawyerRaising children is no easy task but it can be especially difficult if you have a child with a disability. Sometimes they require supervision 24 hours a day. Physical or cognitive disabilities could mean that a child may need to rely on their parents for the rest of their lives. Fortunately, in Texas, the needs of children and adults with disabilities are recognized and parents can extend child support payments indefinitely.

Modifying Your Child Support Agreement  

Most child support ends when children turn 18 years old or graduate from high school, whichever comes last. Certain child support modifications, however, are allowed in the state of Texas, if the child is disabled and will need financial support into their adult life. For child support to be prolonged the following needs to be true:


  • The disabled child requires personal supervision and care due to a mental or physical disability

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Moving in Together? Consider a Cohabitation Agreement to Protect Yourself

 Posted on December 28, 2022 in Property Agreements

Frisco, TX cohabitation agreement lawyerThe thought of living with your significant other may sound romantic, especially during the holidays. Perhaps you are more practical and have financial incentives to live together. Whatever your situation, before you make the decision to take the plunge and make a firmer commitment you may want to consider a cohabitation agreement to protect yourself.

Cohabitation Agreement Key Points

Couples who cohabitate do not generally have the same legal protections that married couples do. A cohabitation agreement, however, can offer some peace of mind. It is an accord between couples involved in an intimate and long-term relationship. Texas recognizes common-law marriage but you will only be considered legally married if you have presented yourself to others as married spouses. This can be difficult to demonstrate because often couples do not make the effort to legally formalize their relationship.

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Do you Need a Same-Sex Divorce Attorney?

 Posted on December 15, 2022 in Divorce

Frisco, TX same-sex divorce lawyerThe Lone Star State was very conservative compared to other states when it came to recognizing same-sex marriages. But times have changed. In 2015, the Supreme Court ruled to allow same sex marriages in all states and now there are more than 41,000 same-sex married households in Texas. Recognizing same-sex marriage means judges also have to grant same-sex couples a divorce. At The Law Office of Linda Risinger we understand that every divorce is unique and we also understand the special intricacies involved in a same-sex divorce.

Difficult Decisions

Although same-sex divorces can have unique challenges compared to heterosexual divorces, for the most part, they are the same. No matter who you love, if your marriage is broken, you may be thinking about divorce and it is understandable to be scared and worried while having a million questions all at once. A skilled same-sex divorce attorney will be able to guide you through the process of your divorce as you make decisions about these key areas:

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Growing Number of Texas Men Facing Domestic Violence 

 Posted on November 21, 2022 in Family Law

Frisco Family Law AttorneyIn the United States, domestic violence affects more than 10 million people every year. Equally alarming is that the number of cases continues to rise in the Lone Star state and that domestic violence incidents against men and women are nearly tied at 35 percent. Male victims of domestic violence may minimize the significance of the abuse and perhaps deny it due to embarrassment but this does not mean it does not happen.

Violence Against Men by the Numbers

Domestic violence can include emotional, sexual, and physical abuse. It is usually a pattern of behavior by one person to maintain power and control over the other. And although it is often the men who are controlling, women can also be violent against their male partners:

  • About five percent of men are killed by their female partners

  • 100,000 men are physically assaulted or raped by their partner

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