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Family Law Archives

Can I Challenge Custody if the Other Parent Refuses the COVID Vaccine?

Vaccination has become a point of contention between divorced parents in many child custody cases. When awarding conservatorship and visitation rights upon parents’ divorce, Texas courts consider the best interests of the child.

The Difference Between a Legal Guardian and a Guardian Ad Litem

A guardian may be a relative, family friend, legal or financial professional, or an agency. The individual or group charged with acting as a guardian may be specified in advance through a will or other estate planning documents or they may be appointed through the court when the need arises.

How to Choose the Right Trustee When Estate Planning

When creating an estate plan, there is a lot to think about. For example, not only will you need to make decisions about how your assets and property should be distributed, but you will also need to name an executor/administrator of your estate and, if you are holding assets in a trust, you will need to name a trustee.

How to Protect Estate Assets from Creditors

When you create an estate plan, you do not want to just be thinking about ways of saving money or passing on assets to beneficiaries; you also want to be thinking about how to protect your assets in the event that you or someone you are passing assets to encounters financial turmoil.

Do I Have to Go Through the Probate Process in Texas?

When a person dies in Texas, his or her estate will likely pass through the probate process. However, not all estates must pass through probate, and even if an estate is required to go through probate, not all assets are subject to the probate process.

Did You Know Couples Cannot Legally Separate in TX?

When a marriage is not going the right way, many couples opt for divorce. However, some agree to a legal separation if they think they can work things out. Some couples also opt for legal separation due to religious reasons, since divorce is sometimes frowned upon.

Divorcing an Abusive Partner

Going through a divorce is challenging enough. Add physical or emotional abuse to the mix and you are looking at a dangerous situation. Domestic violence is a serious situation in a marriage. It can be hard to leave such an environment. You may be scared of your partner’s reaction to you leaving, especially if you have been physically abused in the past.

Refusing to Pay Child Support Comes with Serious Consequences

If you and your child’s other parent are not married or living together and you do not have custody of your child, you are legally obligated to make child support payments. The amount of child support that you must pay will be set by the court, and you have a legal obligation to make these payments on time and in full.

How to Deal with Hidden Assets in a Divorce

Before a divorce can be finalized, the parties in a divorce must reach an agreement about how to divide property and assets, as well as any debts the parties have. While parties can reach an agreement about these issues outside of court through mediation and negotiation, sometimes, a court must intervene.

Pitfalls to Avoid When Divorcing

Divorces can be difficult and emotions often run high throughout the process. This is particularly true when the couple has accrued a high net worth or when there are children involved. The tension and stress involved in these cases can sometimes cause people to act too quickly or to avoid taking action altogether. When this is the case, it causes some people to make mistakes that will have a negative impact on their final divorce judgment or settlement.

What is the Difference Between Collaboration and Mediation?

Collaboration and mediation are methods for divorce that are becoming more popular today. Both of these approaches focus on bringing the couple to an amicable and respectful agreement without the need for litigation. While the two are very similar, they do have their differences.

Create a Parenting Plan Based on Your Child's Current Needs

There are numerous issues to consider when creating a child custody plan. In addition to the parents’ needs and scheduling concerns, there are special considerations that come into play with children. Age and developmental levels are major factors, as are their school, sports, recreational, and social activities. The following provides some basic information on creating a parenting plan and tips for addressing your child’s current needs...

Handling Co-Parenting Carefully

Co-parenting, also called shared parenting, is when both parents work together in order to raise their kids despite the end of the romantic relationship or the marriage. Working together to co-parent can be better for everyone in the long run, as you do not want any further issues with your children struggling to adjust after the divorce or breakup...

Am I Entitled to My Parents’ Assets After They Pass Away?

What you are entitled to when your parents pass away is determined either by statute or by your parents’ express wishes. If they pass away without a will, their estate will be divided up based on intestate rules, which are the rules that apply when someone passes away with no will and/or trust that governs what happens to that person’s estate...

Do You Have to be Separated for a Length of Time Before You can File for Divorce?

For couples who are experiencing marital difficulties and contemplating filing for divorce, time spent apart from one another can provide a much needed break while allowing you to get some perspective on the relationship...

What is Considered Parental Kidnapping?

Parents often have strong feelings about their role in their child’s life and strong opinions about how their children should be raised. If parents feel that a child custody order is unfair, threatens their parental rights, or puts the relationship between them and the child in jeopardy, they may be tempted to take the law into their own hands...

When Should I Create an Estate Plan?

It can be an unsettling feeling to think about the end of your life. However, soon or later, death is inevitable, and when your time comes, knowing that you have a plan in place to provide for your loved ones and the management of your estate can provide peace of mind...

What Should You Consider When Naming a Trustee?

Creating a trust may be both a sound financial decision and an effective way to provide for your loved ones and plan for your estate. Creating a trust, and naming a trustee, is a big decision; whomever you name will be responsible for managing your trust and distributing assets held within the trust...

Should Young Married Couples Have an Estate Plan?

It is natural for young couples to want to put off thinking about estate planning. Not only can estate planning feel like something that is ‘far away’, but it can also be emotionally uncomfortable to think about. Still, while the urge to put it off is understandable, estate planning is extremely important for young married couples. You are never too young to put an effective estate plan in place.

Parental abduction: What you need to know

Your ex-husband picked up your daughter on Friday. Your custody agreement states that he gets her every other weekend. Usually, he brings her back on Sunday evening, but he called last night and said he would like to keep her one more night and he would take her to school on Monday. The request was not typical, but after you spoke with your daughter, you agreed to the extra night.

3 points fathers should know about parental alienation

You know that you and your kids had a good relationship before the divorce. Now that they are with their mother most of the time, they have been acting strangely with you. They might seem like they are upset with you or you might find out that they said they don't want to spend time with you. There is a chance that parental alienation might be the cause of the behavioral changes. If you think this is the case, you should learn about the legal options available to make that stop so you can work on cultivating a good relationship with your children again.

5 tips for battling through a high-conflict custody case

Think there was a lot of conflict before you and your spouse decided to split up? According to the American Bar Association, 10 percent of divorce cases dissolve into high-conflict child custody battles. These can lead to accusations of parental alienation and parents ignoring direct court orders.

When Child Custody Disputes Go Too Far

Child custody cases can become extremely contentious. They can quickly escalate into situations involving parental alienation. This is when one parent attempts to pit the child against the other parent. In the most extreme cases, one parent may go so far as to kidnap their own child, which can have serious consequences and can present major challenges for the other parent.

What Baby Boomers Need To Know About Divorce

Divorce, in general, is not a new concept. Divorce on a grand scale among people over the age of 50, however, is. The phenomenon is called "gray divorce," and it is on the rise. Sociologists from Bowling Green State University say the reason this is happening is two-fold. People are living longer than ever now, and they simply grow apart. Furthermore, women are more capable of surviving financially on their own now, which could account for the more than half of all divorces being initiated by women.

How To Terminate Your Alimony Payments

Is it time for your alimony payments to your ex to come to an end? In Texas, it is possible to terminate payment of spousal maintenance, more commonly known as alimony. However, it can only be done under certain conditions and there is a process that needs to be followed.

Is Professional Business Valuation Necessary?

Businesses are not like bank accounts. You cannot simply look at a statement to determine their value. They can be quite challenging to value, which adds an extra layer of complexity to a divorce when one or both spouses own one. If you are going through a divorce and you or your spouse owns a business, you may be concerned about the necessity for a professional business valuation. Here are some things to consider: