Posted on January 25, 2023 in Child Protective Services

We 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:

Continue Reading ››

 Posted on January 12, 2023 in Child Support

Raising 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

  Continue Reading ››

 Posted on December 28, 2022 in Property Agreements

The 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.

Continue Reading ››

 Posted on December 15, 2022 in Divorce

The 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:

Continue Reading ››

 Posted on November 21, 2022 in Family Law

In 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

  Continue Reading ››

 Posted on November 14, 2022 in Child Custody

A growing number of children are having to deal with instability due to their parent’s divorce. They probably have no idea where they will spend Thanksgiving. Perhaps you went through a bitter child custody battle and having your children for specific holidays can be a contentious topic. But can you get along during the holidays for the child’s sake? Well, the Texas Family Code outlines exact steps for parents to take, especially if you do not see eye to eye.

Splitting Up Holidays

Orders by the court involving child custody are guided by what is in the best interest of the children. But if the parents cannot agree with arrangements that have been approved by the court in Texas, major holidays are split up between parents in the following manner:

• Thanksgiving – The parent with custody will have the child during odd years beginning the evening after the child leaves school for the Thanksgiving holiday and ending in the evening on the following Sunday. The same is true for the other parent during even-numbered years.

  Continue Reading ››

 Posted on October 24, 2022 in Property Division

The number of people over 50 getting a divorce is growing. Unfortunately, divorce tends to have a more drastic financial impact on women than it does on men and inflation is only making matters worse. That is why it is important not to rush to get it over with but to fight for what you believe you will need long-term.

Financial Impact of a Gray Divorce

After a gray divorce, women are more likely to live below the federal poverty line compared to men. Women may be at a disadvantage for some of the following reasons: 

• Women settle for lower-paying jobs that provide more flexibility so that they can take care of their children or their aging parents

• It is harder to bounce back financially when retirement may be staring you in the face.

  Continue Reading ››

 Posted on October 17, 2022 in Family Law

Perhaps your adult child is in prison or perhaps your daughter does not want her kids. Or maybe you cannot bear the thought of your grandchildren winding up in foster care. If you believe it is time to take on a more permanent role in the life of your grandchildren and you want to file for custody of your grandchildren, you have some legal options, especially if Texas Child Protective Services is involved.

Voluntary Relinquishment 

Here, we will cover the various legal options to gain custody of your grandchild according to the Texas Family Code. Keep in mind that both a biological or adoptive grandparent can sue for custody. 

You could be granted custody of your grandchildren if the parents relinquish their parental rights to you. The parent should not have cared for or had the children with them for six months or more. That should also be the case within 90 days preceding the date of filing the lawsuit. This is an important requirement because often parents change their minds and want their children back.

Continue Reading ››

 Posted on September 27, 2022 in Divorce

Imagine you are in the middle of a divorce. The stakes are high, and you are worried about whether you will get a fair property settlement and a fair custody arrangement, to say nothing about how long the process might drag on. Suddenly, you begin to suspect your attorney is not pulling their weight - despite paying them on time, he or she seems sloppy, unprepared, or uninformed. You hear from their office less and less. 

Unfortunately, for some people seeking a divorce in Texas, this hypothetical situation is all too real, leaving them desperately scrambling for competent legal representation at the worst time possible. Fortunately, Texas law does allow you to switch your attorney in the middle of divorce - but if you choose to change your attorney, take care to ensure that doing so will not negatively affect your case. 

What Is a Texas Divorce Attorney Supposed to Do? 

Some people hold off on replacing an attorney who seems incompetent because they are unsure of what an attorney’s responsibilities are supposed to cover. At a minimum, you should expect the following from a divorce lawyer: 

Continue Reading ››

 Posted on September 16, 2022 in Divorce

Divorce is hard. Even the most amicable divorces involve feelings of sorrow, guilt, anger, or regret. While having a great divorce attorney who listens to you and understands the approach you want to take cannot help you resolve your feelings about your divorce, it can make an enormous difference in the ease and outcome of the divorce process. If you are considering divorce, you already know you have a wide range of family law firms available to you. Here are five tips for choosing a Texas divorce attorney that suits your needs. 

Knowledge and Experience

A great divorce attorney need not have been practicing for decades in order to provide you with the best representation. But if you hire someone straight out of law school, you may be taking a gamble even if you get a better price. Choose someone who clearly knows the law and is willing to put it to work for you. 

Continue Reading ››