Posted on November 07,2017 in Uncategorized

Depending on your relationship with your ex-spouse, co-parenting may not be easy, and it may become especially difficult during the holiday season. Whether you have or are seeking full or shared custody, you want to create the best possible environment for the kids, which in many cases is spending time with both parents.

Having a specific plan for the holidays can be quite helpful. There are a few things you should consider in your co-parenting plans through the holidays.

Know the decree

It is important that parents know their rights in accordance with the custody agreement. If the parenting plan or court-appointed custody determination provides a stipulation for holidays, it may be necessary for parents to defer to this document first. However, if both parties agree, it is possible to make special arrangements.

Compromise

In general, proper co-parenting requires compromise. During holidays, a time mostly attributed to family activities, compromise is vital to creating a happy and healthy environment for the children. Dealing with divorce as a child is already a confusing and tough experience. Therefore, spending time with both parents in happy environments may be critical to creating and maintaining their stability. Parents who understand this and can put aside their differences and desires to focus on what is best for the children can work together and foster a positive and enjoyable experience.

Continue Reading ››

 Posted on October 25,2017 in Uncategorized

When a Texas couple with minor children divorces, the custody order is a necessary and important part of the divorce judgment. Parents must continue to follow the order, as failing to do so can involve legal consequences and may ultimately even affect custody.

However, circumstances can change. Sometimes an order that made perfect sense initially may no longer work in a new situation. When this happens, you may request a modification of the custody order.

Modification by agreement

If you and your ex agree on the proposed changes, the two of you can submit your proposed new order to the court for approval. Most often, courts tend to approve joint requests.

Unilateral request for modification

In situations where you and your ex have a dispute about whether there should be changes or what they should consist of, the court may hold a hearing and listen to both sides.

Continue Reading ››

 Posted on September 14,2017 in Uncategorized

Divorcing Texas couples with minor children will have to deal with the issue of child support. Getting a quick overview of some basic concepts can help you better understand what to expect.

Similar to many other states, Texas law approaches issues relating to children from the standpoint of the best interests of the child. Thus, parents may not waive or agree to amounts below the state's guidelines. While they are free to compromise on their own rights, they may not do so on behalf of the child. They may, however, agree to amounts higher than those the guidelines would produce.

Who pays child support

In most cases, the parent with less parenting time pays support to the parent with whom the child primarily lives, as generally that person would cover the bulk of living expenses for the child.

How long do payments last

Most often, a parent pays child support until the child turns 18 or graduates high school, whichever comes later. This is the age until which parents in Texas have a legal obligation to support their children, whether or not they are divorced. Support may cease earlier if the child becomes emancipated through marrying.

Continue Reading ››

 Posted on September 09,2017 in Uncategorized

As your divorce becomes more imminent, you might be stressed about court room battles and unaffordable legal expenses. These are common reasons some divorcing couples choose mediation or collaborative divorce. These alternatives to litigation can help you save money and keep your sanity intact.

Even if you know these benefits, you might still be nervous about attending a mediation session for the first time. Before you begin, here are some important things you can to do get ready for mediation.

1. Gather important documents

Michael Kay, a Certified Financial Planner and Forbes contributor, notes that you will discuss property division, child support, alimony, custody and taxes during mediation. Because of this, you should prepare a list of all your assets and debts. This may include details about real estate, vehicles, businesses, stocks, retirement funds, credit card balances and bank account balances.

Continue Reading ››

 Posted on August 14,2017 in Uncategorized

The department of Child Protective Services in Texas has long been under fire for insufficient action, lack of organized protocol and questionable treatment of foster children. All of these problems have understandably shaken faith in the department, but new legislation aims to empower CPS and restore Texans' faith in the services provided. There are a few things everybody should know about the laws.

According to the Dallas Times, the legislature extends over $500 million in new funding to CPS and the foster care system, and part of that funding may be available to people dealing with cases related to CPS. If you are facing a CPS-related legal issue, review these facts and consider consulting with a lawyer.

Relatives may receive compensation

Prior to the passage of new legislation, adults fostering children had to complete licensure requirements in order to receive compensation. Under new standards, however, relatives such as grandparents may be eligible to receive half of the minimum payment for fostering if they do not exceed maximum income limits. This makes it easier for relatives to transition into the role of caregiver for kids who are in need.

Continue Reading ››

 Posted on July 08,2017 in Uncategorized

Being a military parent is difficult on family life. You may miss important milestones in your children's lives or have a hard time establishing a strong relationship when you are gone so often.

Divorce only compounds the problem, making it even harder to spend time with your kids when you can. It also adds complexity to child custody. Before you work out an agreement with your ex-spouse, be familiar with Texas law on military service and custody to ensure you do what is fair for both you and your children.

Texas law

The state will not punish you for serving your country. On the contrary, it will protect your parental rights, because having a connection with your children will benefit them in the long run. When you divorce, the court will use the same factors to determine custody and visitation as it does for parents who are not in the military.

Deployment

Continue Reading ››

 Posted on June 13,2017 in Uncategorized

Divorce is a complicated and painful process for anyone, but many of the challenges are often exacerbated for military families. If you are going through a military divorce, you are facing unique legal issues and personal difficulties. You may be wondering how you are going to get through the separation in one piece.

One route you should consider is mediation. Mediation is a viable divorce alternative that benefits military families in multiple ways. Continue reading for the top reasons you might want to consider mediating your divorce.

1. Timely

Mediation is often a much timelier process than litigation. The right mediator can help you resolve your case within a few weeks or months. This is especially helpful for an active military member who is waiting for deployment. Ongoing mediation can also take place for a deployed military member via conference calls or video chatting software.

Continue Reading ››

 Posted on June 12,2017 in Uncategorized

As a military parent, you may have concerns about how your divorce will affect your ability to spend time with your children. However, the courts recognize that it is in the children's best interests to maintain a healthy relationship with you.

Here are some ideas to help you keep up the bond you have with your children after divorce.

1. Create a military parenting plan

You and the other parent will create a parenting plan, just as any divorcing parents would. Within this plan, though, you should also include a temporary plan to follow during a deployment or in case of a transfer. The visitations during those times would focus on how the children will visit you when you have leave, as well as the travel details.

When your deployment or transfer ends, the conditions in your parenting plan should detail the restoration of your original custody rights. The Texas Attorney General's guide for divorced military parents suggests that you also include makeup visitation time to allow you and your children time to reconnect.

Continue Reading ››

 Posted on May 15,2017 in Uncategorized

Dividing the marital property in a divorce can mean tackling a lot of complicated issues. Knowing some basics about how the process works can help you make informed decisions at the various stages of your case.

When divorcing couples litigate their case in court, the judge typically issues orders on disputed issues. Some couples who do not have major disagreements may opt instead to draft an agreement with the help of their attorneys. For others, mediation can provide a fruitful way to negotiate disputes. Whichever way you take, understanding the standard approach to property division can help you define your goals for the process.

Just and fair division

Many people think that in a community property state such as Texas, everything just gets divided in half. However, matters are more complicated than that. Judges consider a number of factors when deciding the fairest approach for a particular case.

Continue Reading ››

 Posted on April 13,2017 in Uncategorized

Couples wishing to divorce in Texas have several legal hoops to jump through. One of these is the parenting plan, which Texas law requires you to submit if you are divorcing with children. Lawmakers introduced this requirement to promote the best interests of the children and encourage the parents to cooperate in setting up effective parenting arrangements going forward.

Understanding what to expect with your parenting plan and what to include will make it easier and faster to get through the process successfully.

The plan will be part of the final order

After the judge reviews and approves the plan, it becomes incorporated into the final custody order, which gives its provisions the force of a regular court order. Parents wishing to change any part of the plan after the judge issues the final order will need to formally request a modification from the court. For this reason, parents should think seriously about every part of the plan and not treat it as just another item on a paperwork checklist. Your attorney can advise you about potential legal and practical ramifications of certain points.

Continue Reading ››