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Family Law Attorneys

September 2014 Archives

Factors used in determining spousal support

Texas residents who are going through a divorce may know that spousal support may be granted on an individual basis. The parties to the divorce may reach decisions about spousal support, or if that is not possible, the court will decide. The court determination is based on specific factors. Spousal support is often intended to allow the alimony-receiving spouse to retrain or to take courses designed to advance his or her employability, giving the individual the opportunity to become self-sufficient.

Defending one's visitation rights

It can be very hard for a parent to not have custody of their child following a divorce. It is understandable that no longer having a child who used to be an everyday part of their life living with them on a regular basis could leave a noncustodial parent feeling a little down.

Legal issues for parents in a divorce

Anyone in a divorce can find themselves with quite a bit on their plate in regards to the divorce process. The process can be particularly loaded with important issues when the individuals getting divorced are parents with minor children. In addition to dealing with the dissolution of the marriage and the splitting of one financial household into two, divorces of parents of minor children also need to address what will happen moving forward regarding the children.

Understanding property division laws in Texas

When a couple files for divorce in Texas, property can be split in one of two ways. The first method of dividing property calls for both parties to come to an agreement on their own. In most cases, a court will go along with such an agreement. Another option is to have a court decide how to divide property under state law.

Filing a paternal lawsuit in Texas

Families in Texas may benefit from learning more about how paternity suits relate to matters of child custody. Paternity suits can be described as lawsuits used to force someone to legally acknowledge their biological child. These lawsuits are typically filed when there is a dispute about paternity or if an alleged parent is being uncooperative with establishing paternity. The alleged father, the mother or a government agency may be entitled to file a paternity suit.

Do grandparents have the right to see grandchildren in Texas?

For grandparents, watching their grandchildren grow up is a wonderful experience. Sadly, not all grandparents can experience that because of tensions in the family or a variety of other reasons. Some grandparents have taken to seeking visitation rights to be able to spend time with their grandchildren. For grandparents in Texas, learning about these grandparents' rights might help to make the process of seeking those rights easier.

What do I do if my ex spouse won't pay child support?

Even if someone in Texas has a court order that requires them to pay child support or share visitation with a child, they may not follow the order. In these cases, the person seeking to have the order followed may bring the issue before the court and have the individual not following the order held in contempt of court, which puts them at risk for having to pay fines or spend time in jail.

Child custody agreements might need to be creative

Coming up with child custody and visitation schedules in Texas is something that requires careful thought. For some parents, special circumstances necessitate creative custody agreements that allow the parents to have an active role in the child's life without putting the child's well-being in jeopardy. While Texas laws do allow for some creativity when it comes to these schedules, it is imperative that each parent knows how these laws should be applied and interpreted. This means having a complete understanding of the precedents set in similar cases.

Child custody in Texas

In Texas, child custody is referred to as conservatorship. A parent or guardian who has custody of a child is referred to as a conservator. The state typically assumes that the parents should be placed into a joint managing conservatorship. This means that both parents have rights to visit with, communicate with and make certain decisions for the child. However, a judge may determine that only one parent can make certain decisions depending on the best interest of the child.

The pros and cons of a prenuptial agreement

There are varying opinions when it comes to getting a prenuptial agreement. While some Texas couples who are about to get married believe that it can be a prudent document to create before a wedding, others see it as a bad omen for the relationship. Ultimately, the decision to get a prenuptial agreement is a personal one, and there can be arguments on both sides of the issue.