Posted on December 06,2021 in Family Law

Every child has two biological parents. However, there are some situations where a person may not be recognized as a child’s legal parent, and in these cases, paternity may need to be established through the legal system. Doing so will protect the rights of the parent and the child. Both parents will be able to maintain a relationship with their child and be involved in raising them, and the child will have the right to receive child support to ensure that their needs will be met. Paternity can also provide other benefits, such as making sure a child has access to family medical history and giving a child the right to receive an inheritance from their parent or qualify for certain types of benefits, such as Social Security. Parents will want to understand the procedures that can be followed to legally establish paternity.

Acknowledgment of Paternity and Court-Ordered Paternity

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 Posted on November 29,2021 in Child Custody

When a couple with children goes through a divorce, in most cases, they still must have some kind of relationship with each other as they co-parent their children together. Some parents are able to develop a routine that works for their family with little or no conflict at all. Unfortunately, many other parents experience difficulties as they try to work through residual acrimony left over from the divorce that often spills over into their co-parenting relationship.

Having a solid parenting pan in place can help reduce these conflicts and make everyone’s lives – especially the children’s – so much less stressful. The following are some co-parenting tips that can also be helpful.

Promote Consistency

Although you and your ex-spouse are no longer married and parenting under the same roof, you both need to remain on the same page when it comes to how you deal with your children. Although not all rules will be the same at both parents’ homes, having consistency in bedtimes, activities, and allowed behaviors goes a long way in helping children adjust to their new life of having two homes and two routines.

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 Posted on November 12,2021 in Child Support

While there are many issues that may lead to contentious discussions between divorcing spouses, one of those issues that can often lead to long-term acrimony is child support. It is not uncommon for the parent who is paying the support to resent the money they have to turn over every month to their ex-spouse. Conversely, it is also not uncommon for the parent who is receiving the support to feel the amount of child support they are receiving does not come close to meeting the actual financial needs of raising children.

Although Texas family courts use a formula to determine which parent should pay support and how much that support should be, it is still important to provide the court with any evidence that could have an impact in the amount of support obligation the court orders. The following is a brief overview of certain types of evidence that may be required. Your Frisco child support attorney can provide more details of the type of factors that could apply in your particular case.

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 Posted on October 26,2021 in Family Law

October is designated as National Domestic Violence Awareness Month. The campaign was established in 1987 as a way to raise awareness about domestic violence issues. Despite more than three decades of work by countless organizations and advocates, domestic violence is still an underreported problem, occurring to millions of victims across the country from every walk of life and every socio-economic background.

Intimate Partner Violence

The Centers for Disease Control and Prevention (CDC) uses the term intimate partner violence (IPV) to describe physical, psychological, or sexual harm that is inflicted on a spouse or partner. National statistics show that about one in three women will experience IPV in their lifetimes. Although women are the majority of domestic violence victims, it is not just women who are abused. Men and women both experience it in hetero and same-sex marriages and partnerships. According to the National Coalition Against Domestic Violence (NCDAV), about 20 people per minute are victims of IPV every minute in the U.S. This comes out to more than 10 million women and men each year.

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 Posted on October 13,2021 in Divorce

Several months ago, Bill and Melinda Gates announced that they were divorcing after almost 30 years of marriage. While many in the media and public voiced their surprise that the couple were splitting up after so many years, divorce among older couples – sometimes referred to as “gray divorce”  – is becoming quite common. Research shows that one in four people who file for divorce in the U.S. are over the age of 50 and more than half of those divorces involve marriages that had endured for at least two decades. 

While every divorce has similar issues to work through, there are some issues that are unique to older couples that younger couples usually do not have to consider when they split up. These issues – if not properly addressed – can leave a person unprepared for life after divorce. Having a Frisco divorce attorney protecting your interests can make a significant difference in how prepared you are.

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 Posted on September 15,2021 in Property Agreements

Prenuptial agreements or “prenups” are legal contracts that engaged couples develop before they get married. For decades, many people assumed that prenuptial agreements were only for the rich or for couples who do not take their wedding vows seriously. Fortunately, these myths have largely been eradicated. Modern couples recognize the importance of planning for their financial futures using a prenuptial agreement and realize that prenups can benefit the marriage in a multitude of ways—even if the couple never divorces. Read on to learn about prenuptial agreements in Texas and what you can do if you are interested in creating a prenup.

What is the Purpose of a Prenuptial Agreement?

A prenuptial agreement or premarital agreement mainly deals with financial issues. The document can specify:

• How property should be allocated when a spouse passes away

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 Posted on September 07,2021 in Divorce

Most people think of divorce in terms of the personal or emotional implications. However, divorce can also bring about dramatic financial consequences – especially when a divorcing spouse is reliant on the other spouse’s income. If you are a stay-at-home mother or father, have a disability, or have otherwise not worked outside of the home in several years, you may be worried about supporting yourself after the divorce. You may wonder whether you qualify for alimony or spousal support. Read on to learn about alimony laws in Texas and what you can do if you wish to pursue alimony during your divorce.

Who Qualifies for Spousal Maintenance?

Alimony, called spousal maintenance in Texas law, can help a divorcing spouse cover necessary expenses until he or she is able to be financially self-supporting. However, spousal maintenance is not always awarded. In fact, Texas courts presume that spousal maintenance is not necessary unless the spouse requesting alimony can demonstrate a reasonable need for financial assistance.

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 Posted on August 20,2021 in Child Custody

Dealing with a child custody dispute can be enormously stressful. After all, your child’s wellbeing could be on the line, and so, too, could your relationship with him or her. The conflict that’s present in one of these disputes can be exacerbated when one parent thinks that the other is intentionally trying to cut him or her out of the child’s life. In some instances, this could be considered parental alienation.

The Basics of Parental Alienation

In its most basic terms, parental alienation occurs when one parent actively manipulates a child in hopes of creating distance between that child and his or her other parent. Oftentimes this manipulation is aimed at obtaining a more restrictive child custody order that further cuts the other parent out of the child’s life.

What Does Parental Alienation Look Like?

The breadth and severity of parental alienation can be massive. It can be as simple as failing to keep the other parent apprised of the child’s activities and medical appointments, or it could be as severe as to program a child to believe that he or she was abused or neglected by the other parent. The latter is often achieved by creating false memories.

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 Posted on August 13,2021 in Property Division

Reaching the conclusion that a marriage is beyond saying is an emotionally-charged realization for any couple. However, spouses who own a family business such as a restaurant have an extra layer of difficulty. If you or your spouse own a restaurant or other business, you may be unsure of what will happen if you divorce. Will we split ownership of the business 50/50? Should we sell the business? Situations like this are difficult to figure out – legally, financially, and personally. Consequently, it is highly recommended that business owners seeking a divorce work with a skilled attorney.

Who Has a Right to the Business?

As with any property division concern, divorcing spouses may be able to negotiate an agreement about how to divide assets. However, if the issue is litigated, it is important to understand how Texas property division laws apply to family businesses. Texas courts follow “community property” rules when dividing assets in a divorce. Property that a spouse owned before getting married is separate property. Marital property, on the other hand, is jointly held by both spouses. Most property that a spouse acquires during the marriage is considered marital property. However, the identity of an asset as marital or separate can change. For example, a business that a spouse owned before getting married may become marital property if the other spouse spent time, money, or resources growing the business.

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 Posted on August 05,2021 in Child Protective Services

The Texas Department of Family and Protective Services (DFPS) is tasked with investigating allegations of child neglect and abuse in the Lonestar State. If you recently learned that you are being investigated by Child Protective Services for possible child neglect or abuse, you may understandably be shocked and concerned. You may also be unsure of how to handle the situation. To receive personalized guidance unique to your situation, contact a family law attorney with experience handling cases of alleged child neglect and abuse. Additionally, keep the following considerations in mind.

Understand What to Expect During the CPS Investigation  

In Texas, CPS investigations are typically completed within 30 days of the initial report. During the investigation, a caseworker may:

• Interview your child – The caseworker may visit your child and ask him or her a series of questions. You have the right to be present during this interview if you so choose. However, if a parent denies a caseworker an interview with his or her child, the DFPS may obtain a court order allowing them to proceed with the interview against the parent’s wishes.

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