Family & Divorce

Do you find yourself in a situation where you have separated from your spouse with no plans of reconciling? If so, then you may need to figure out how to get a divorce from him or her despite their living apart from you. Your spouse may not even be living in Texas anymore. He or she may have attempted to move in anticipation of finding new work or attempting to start life fresh in another location. While you may not have had any emotional problem with him or her doing so the fact is that their moving can present some…
Grandparents sometime take on a parental role in the lives of their grandchildren.  In some circumstances, such grandparents may have standing (i.e., the right to sue) for possession and access to the children. Parents have a fundamental right to make decisions regarding their children, however. Generally, a court in a Texas custody case cannot interfere with a fit parent’s right to make decisions for their child by awarding access or possession to a non-parent over the fit parent’s objection, unless the nonparent overcomes the presumption that the fit parent is acting in the child’s best interest. In a recent case,…
Divorces with children are painful and emotional under the best of circumstances, but a divorce with a “Special Needs Child” is usually a very complex and mentally stressful situation for all family members involved.   The main goal in a “Special Needs” divorce is that all decisions affecting a child with disabilities must be in the “Best Interest of the Child.” What is the “Best Interest of the “Special Needs Child”? Often this is the very reason that the parents are divorcing.  The parents cannot agree on the existence of a disability or the best approach needed for care and…
A geographic restriction in a Texas custody order helps ensure the parent without physical custody has access to the child, but it can also impose severe limitations on the mobility of the parent with physical custody of the child.  In a recent case, a mother challenged the imposition of a geographic restriction on the child’s primary residence by the trial court after a jury found she should be the child’s sole managing conservator. Modification Suit Filed After Prior Order The final divorce decree named the parents joint managing conservators and gave the mother the exclusive right to designate the child’s…
As a family law attorney, one of the questions that I am frequently asked in regards to child support is how difficult is it for a parent to sue their co-parent for the past two child support. When it comes to child support there are two parts of the equation. The first part is being able to have child support ordered for you to receive. In the other part of that equation, there’s two be in a position where child support is received by you. This is where the trouble lies. The order that promises you child support is only…
Do you or your spouse work for the government, belong to a union, or are otherwise in line to receive a pension as a form of retirement income? Pensions were formerly the most common form of retirement income that a person would receive from their employer. Ask your parents or your grandparents about pensions and how common they were. I’m sure they will tell you that they or a family member received benefits of this sort. Pensions were a defined benefit: while it was not an account you could look to every day to verify the exact balance, you knew…
Kids of divorce sometimes have strong opinions over child custody arrangements in Texas, especially those old enough to understand. However, because they are children, courts are hesitant to allow kids to chime in on these decisions. With that said, there are certain situations in which a child may sway a Houston court’s child custody decisions. If your child is asking to live with one parent over the other, it is crucial to find out just how much decision-making power your child may have. What does the Texas legal code say? A child may not officially decide which parent to live…
In and of itself, divorce is not a pleasant subject to discuss. Even if you believe that it is the right thing to do for you and your family, most people do not enjoy talking about getting a divorce. It is more or less a subject that we 10/2 discuss only when necessary and only in certain situations. Otherwise, divorces R some of the least enjoyable topics to discuss with anyone. Many people do what they can To make it through a divorce without even sharing essential pieces of information with their children and family members. This does not mean…
The Lone Star State has one of the narrowest spousal support laws in the country. Typically, to qualify for alimony in Texas, the marriage must have lasted at least ten years and the obligee (person requesting support) must be unable to earn enough to meet basic needs. Other qualifications, which do not come up very frequently, include the obligee’s incapacitating disability, a family violence conviction within the last two years, and custody of a minor disabled child who requires constant care. Additionally, in all these cases, there is a presumption that the judge must award the absolute minimum amount of…
A divorce in Texas is not all about waiting until the end of your case for a trial. Rather, there are stages to divorce and points of progression that you can track like any other project that you engage in for work in school. The major difference, of course, is that your divorce case is a central component of your life and one that and will surely be and packed full beyond the day-to-day events of your case. Net divorce, there are two components to a case that can apply to you and your family: the property aspects and the…