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Recent Blog Posts

When Child Protective Services Crosses the Line

 Posted on February 26, 2024 in Child Protective Services

Denton family lawyerAs 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:

When Can a Grandmother Use Grandparent Rights in Texas?

 Posted on February 12, 2024 in Child Custody

Blog ImageTexas 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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Tips to Strengthen Your High Net Worth Divorce Case

 Posted on January 25, 2024 in Divorce

TX divorce lawyerGoing 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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How Does Child Custody Work When an Ex-Spouse Is in the Military?

 Posted on January 10, 2024 in Military Family Law

TX family lawyerGetting divorced when one parent serves full-time in the military adds extra layers of complexity for establishing child custody. On top of normal custody factors, you must consider the service member’s duty stationing, deployment status, and frequent relocation. It is beneficial to understand how child custody considerations differ for military families, and a Texas divorce lawyer can help you figure this out.

Jurisdiction and Governing Laws

The state holding jurisdiction over your child custody case depends on your child’s home state residence. The Service Members Civil Relief Act allows the service member to keep permanent residence status in one state even when temporarily stationed elsewhere.

Some divorces fall under military jurisdiction according to the Service Member’s Civil Relief Act and the Uniform Child Custody Jurisdiction and Enforcement Act. Others stay at the state level based on the children’s primary home location for the past six months. Courts also weigh when to apply state laws vs. federal regulations governing custody involving military members.

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Protecting Your Interests During Property Division

 Posted on December 22, 2023 in Property Division

TX divorce lawyerWhen facing a divorce in Texas, one major concern is how marital property will be divided – and how it will impact your financial future. As a “community property” state, the assets accumulated and debts shared during your marriage must be split equitably between spouses. It is vital to protect your entitlements in the process. A Texas property division lawyer can help make sure you take the proper steps.

Understand What Comprises Marital Property

The property subject to division in your Texas divorce encompasses the house, land, retirement investments, savings accounts, and debts tied to you and your spouse jointly during the marriage—regardless of whose name is on the accounts or titles. Everything is essentially considered shared 50/50 pending “just and right” adjustments. Even separate inherited or gifted property can become marital property. An attorney can determine your spouse’s claims.

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How to Get Visitation Rights in Texas

 Posted on December 07, 2023 in Child Custody

TX family lawWhen parents divorce or separate in Texas, both maintain rights to see children regularly unless shown as unfit. However, absent formal agreements, mothers often assume primary custody by default, limiting fathers’ access. Working with a Texas lawyer can help seek fair visitation ensuring ongoing parental involvement post-separation, which is important for your child to see both parents.

Filing a Custody Suit

If unable to resolve custody privately, you should file for a court order legally designating visitation rights. Begin by submitting either a Suit Affecting the Parent-Child Relationship (SAPRC) or legal action like a divorce or annulment petition with requests for defined access provisions. Outline reasonable schedules allowing quality time based on work constraints like shift hours. Illustrate capabilities nurturing children’s development needs.

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What if One Parent Will Not Let the Other See the Child in Texas?

 Posted on November 20, 2023 in Family Law

Frisco family lawyerHaving a parenting plan overturned, or visitation rights denied can be incredibly frustrating and upsetting for parents. Unfortunately, it is not uncommon for one parent to attempt to prevent the other from seeing their child after separation or divorce. If you are facing this difficult situation, there are some steps you can take. A Texas lawyer can help ensure this situation does not worsen for you.

Review Your Current Court Orders

Your first move should be to thoroughly examine any decrees, custody orders, visitation schedules, or parenting plans that are in place. These court mandates outline each parent's rights and responsibilities. Make sure you understand what the orders state about visitation and custody.

Document Every Attempt to See Your Child

When the other parent blocks scheduled visitation, carefully document each attempt you make to see or get in contact with your child. Save any relevant texts, emails, voicemails, etc. Note dates, times, who you spoke to, and what was said. Concrete records will help prove the denial of court-ordered access.

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Legal Strategies for Modifying Alimony in Texas After Divorce

 Posted on November 06, 2023 in Family Law

Frisco family lawyerLife after divorce sometimes necessitates revising court-ordered alimony. When major circumstances change, the original payments may become impractical or unfair for one spouse. Texas law allows alimony modifications, but only if you meet strict filing and evidentiary burdens. With the help of a Texas lawyer, you can petition to legally adjust divorce decree alimony terms that no longer fit your situation.

File Your Petition Promptly

To request an alimony modification in Texas, you must file a petition with the court that granted your divorce using the same cause number. The petition outlines the revised alimony terms you are seeking and evidence justifying the change. Timing requirements depend on which party files the petition:

  • For recipients, a petition can only be filed after an initial waiting period after divorce dictated by the court (often 6-12 months).

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Protecting Your Equity in Texas Divorce Property Settlements

 Posted on October 19, 2023 in Property Division

Frisco divorce lawyerSplitting up property during a divorce can be tricky. The law aims for equitable division, but high emotions can complicate things. Spouses may hide assets, undervalue the family home, get sneaky with retirement accounts, or do something else they legally should not be doing. So, how do you protect what is rightfully yours? How do you know if they could be hiding assets or something else? A Texas lawyer can help you through this.

Understanding Community Property Rules

In Texas, community property laws govern divorce asset division. Marital property acquired during the marriage is jointly owned. This commonly includes:

  • Earnings, income, stock options from employment
  • Real estate like the marital home or investment properties

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Protecting Separate Property During a Texas Divorce

 Posted on October 06, 2023 in Property Division

Frisco divorce lawyerTexas is a community property state, which means marital assets are typically divided equally in a divorce. However, Texas law does recognize separate property owned before marriage or received as a gift or inheritance during marriage. 

Spouses can protect documented separate property when dissolving the community estate. A Texas lawyer can help you with your case to ensure your rights are met during your divorce.

Defining Separate vs. Community Property in Texas

Under Texas Family Code Section 3.001, marital property is classified as either community or separate.

Community property includes:

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