Posted on June 16, 2024 in Divorce

Many things change after a divorce. People often see it as an opportunity to move on and even reinvent themselves. This sometimes includes changing their last names back to their maiden names, which many divorcees choose to do.

It is also common for a divorced parent to want to change the last name of his or her child. This can sometimes be done, but it is not as simple as changing your own name. Under Texas law, unless your divorce decree states otherwise, your co-parent has the same rights and responsibilities that you do. Therefore, there is a legal process for changing a child’s last name after a divorce, which only should be done with the guidance of a Texas divorce attorney.

How Can I Change My Child’s Last Name?

Your child’s last name will not automatically change if yours does. If you want to change your child’s last name, Texas law says that you need to petition a court to do so. When you do, the judge will be looking for the answer to one question: Is the name change in the child’s best interest? To find that answer, the court will look at certain factors, such as:

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 Posted on May 28, 2024 in Child Custody

Some of the hardest parts of divorce for parents are child-related matters. Parents who split up must also split child custody, possession, access, and parental responsibilities. Even though the spouses no longer want to be together, they must still work together to make major decisions. They must decide, for instance, how to raise the child, where the child will live, and how the child will be educated.

Texas law understands that this is a difficult undertaking for divorcing parents. That is why they are required to submit a parenting plan to the court as part of the divorce process. The parenting plan, if drafted correctly by an experienced attorney, can help prevent a lot of disagreements parents might have about their child.

What Is a Parenting Plan?

A parenting plan is a document that describes how you and your ex-spouse will parent your child after divorce. The plan includes such details as:

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 Posted on May 09, 2024 in Military Divorce

In many ways, military divorces are identical to civilian divorces. In both cases, the spouses need to address issues like:

• Child custody
• Spousal support or alimony
• Child support
• Division of assets

However, there are some significant differences between military divorces and civilian divorces. Therefore, if one or more of the spouses is an active-duty service member, a Texas attorney who is experienced in military divorces should be consulted about how to proceed.

Here are five differences between a military divorce and a civilian divorce:

Jurisdiction

Civilian divorces are subject to the laws of the state in which the spouses reside. A military divorce, however, is also governed by federal laws such as the Uniformed Services Former Spouse Protection Act (USFSP) and the Federal Servicemembers Civil Relief Act (SCRA).

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 Posted on April 26, 2024 in Adoption

People who want to adopt a child in Texas must follow a strict process. This procedure is slightly different if the child is from another country. In most cases, the adoption process for a foreign child is initiated in the child’s home country. This is because international law usually requires the adoptive parents to visit the child’s country to obtain a judgment of adoption.

Any adoption case requires the approval of a judge, who issues a decree of adoption. If you are considering adoption, seek the help of an experienced adoption lawyer in Texas who can walk you through the process.

What is Re-Adoption?

Any United States citizen who wishes to adopt a child in another country must travel to that country and adopt the child locally. This is because of an agreement between the United States and other countries called the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption.

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 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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