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.

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 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.

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 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.

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 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? 

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 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. 

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 Posted on August 23, 2022 in Child Protective Services

Learning you are being investigated by Texas Child Protective Services can feel like you are living in a waking nightmare. In addition to the questions you have and the anxiety you feel, you may also be dealing with feelings of indignation and outrage. Considering that CPS is notorious for getting involved in situations where the idea of parental neglect is ridiculous (and for frequently neglecting to get involved in situations where children are in serious danger), it can feel like an enormous waste of time. 

However, it is still very important to take any investigation seriously, whether you feel it is merited or not. CPS has an enormous amount of power and many good parents have gotten trapped in the cogs of the system. Fortunately, you can maximize the chances of a favorable outcome by getting aggressive legal help from a Texas family law attorney. 

What Will CPS Agents Do? 

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 Posted on August 11, 2022 in Divorce

Couples seeking a divorce in Texas are often so focused on making sure their assets are split evenly that they forget to consider that other things besides assets can have a major impact on their future finances. A great divorce decree will make sure that assets are not only divided fairly, but that spouses are set on an equal footing moving into the future as well. 

This is where the tax implications of divorce come into play. While you may not file your taxes for a year or more after finalizing your divorce, you can bet that your divorce will be reflected in your next filing. Avoid unpleasant surprises by asking yourself these three questions about taxes as you negotiate your Texas divorce. 

Are You Splitting Roth and Tax-Deferred Accounts? 

Roth IRAs and Roth 401(k)s do not get tax deductions when you put money into the accounts, but the contributions are not taxed upon withdrawal if the money has been in the account for at least five years and the owner is over age 59 and a half upon withdrawal. In contrast, tax-deferred accounts like 401(k)s and traditional IRAs offer tax benefits up front but can have hefty withdrawal taxes and fees later on. If you are dividing these both in your divorce, consider your future plans carefully and whether you might need liquidity anytime soon. 

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 Posted on July 21, 2022 in Child Custody

Parents who are divorced or who have never been married may no longer have to live together, but they will have to deal with a complex set of laws detailing their shared responsibilities toward their minor children. When both parents share custody (known as “conservatorship” in Texas) and one parent wants to move and take their child with them, the parent who wants to move cannot simply make this decision on their own. 

If you would like to relocate with your child, or if your co-parent wants to move and you object to the move, read on and then contact Frisco, TX family law attorney who can help you with your case. 

Showing the Move is In the Best Interests of the Child

The primary concern of Texas family law courts is ensuring the best interests of the child are understood and protected. Generally speaking, a child is understood to benefit most when both parents are involved in her life; to this end, when parents share conservatorship, one parent cannot move with the child without getting the consent of the other parent or the court. 

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 Posted on July 12, 2022 in Divorce

In some states, couples can pursue something known as a “legal separation” that allows them to address many of the issues that are normally handled in a divorce without formally finalizing a divorce. In Texas, however, there is no such thing as legal separation. Couples who no longer want to live together but do not want to officially file for divorce do not have the option to separate their property and establish child custody orders without getting divorced. If you are not sure whether you want a divorce but you no longer want to be with your spouse, speak with a Texas divorce attorney to explore your options. 

Reasons for Not Getting Divorced

Even though many couples no longer feel in love or may even struggle to be polite to each other, the thought of divorce may be unworkable. This may be for religious reasons, since some religions prohibit divorce, financial reasons, such as joint tax filing benefits, or social reasons, such as avoiding the stigma for divorce for the couple and their children. Whatever the reason, rest assured that you are perfectly normal and that many people have been in your situation before. There is no shame in discussing your situation confidentially with an attorney who can give you legal advice. 

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 Posted on June 27, 2022 in Divorce

Couples in Texas and elsewhere across the United States frequently get divorced because of financial problems. Whether it is the stress of never having enough to make ends meet or the fiscal irresponsibility of one spouse that has driven the other spouse away, dealing with major financial crises during divorce is an exhausting and complicated endeavor. 

Perhaps no financial situation is more difficult than trying to manage bankruptcy during a Texas divorce. Unfortunately, sometimes divorce and bankruptcy unavoidably occur at the same time and spouses must then make difficult decisions about how to navigate their situation. 

Should We File for Bankruptcy Before Divorce? 

Bankruptcy is a federal process, meaning it takes precedence over divorce, which is a state process. When you file for bankruptcy, the bankruptcy court will put a stay on any creditor to prevent them from garnishing wages or collecting on debt. Because divorce involves issues related to a couple’s finances, such as dividing marital property and setting child support payments, a divorcing couple needs to get permission from a bankruptcy court to settle their financial affairs. It is generally difficult and impractical to try to remove a bankruptcy court’s stay so you can pursue a divorce during bankruptcy. 

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