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Recent Blog Posts

Can nesting help your children thrive after a divorce?

 Posted on June 01, 2021 in Child Custody

Nesting is a relatively recent trend among divorced and divorcing parents in Texas who share the family home, taking turns being with their children. As a result, kids remain in familiar surroundings, which can help them better adapt to their new situation.

The parents can stay in separate areas in the home, but most live in other locations. Some share an off-site apartment or house when they are “off-duty,” while others live part-time with family or even friends.

Putting the children first

Research shows children of divorced parents suffer more psychological and behavioral harm when their parents don’t get along. Nesting can give them a stable environment, especially in the early stages of a divorce.

Some of these arrangements only last until the details of the divorce are worked out, while others can last several months or years, depending upon the parents’ post-divorce relationship and the age of their children.

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How to talk to your kids about divorce

 Posted on June 01, 2021 in Child Custody

When Texas spouses decide to end their marriage, nothing is more painful than telling their children they are getting a divorce. While it won’t be easy, kids should hear the news from both parents at the same time.

How your children respond will likely depend upon their age and what you choose to share. Younger kids will need reassurance that the breakup is not their fault, while high schoolers will want more details about the divorce and how it will impact their lives.

Keep it simple and skip the messy details

Present a united front with your spouse and avoid blaming each other, as it can force kids to take sides. Instead, keep the messaging uncomplicated and focus on the future, such as:

  • Mom and dad will be happier living apart
  • The divorce has nothing to do with them
  • We will live in separate homes where they will be loved

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It's About Time – More of It!

 Posted on May 01, 2021 in Special Education Law

Today, the Texas Legislature passed a law that would extend the statute of limitations on special education cases from one year to two! This will make Texas law consistent with Federal law. More importantly, it allows time for parents to gather information and make informed decisions about legally enforcing their child's right to a Free Appropriate Public Education.

This is a huge victory for parents of disabled children. It is not unusual for it to take the better part of a school year to realize the impact of schools either not implementing an IEP, failing to provide appropriate services, or the impact of an inappropriate placement. Frequently, parents realize the problem after almost a year has passed, and that leaves little time to hold schools accountable and pursue better services for their children. The expansion of the limitations period will offer greater protection to parents and children.

Parents and their attorneys and advocates have been pleading for this for years. Now the law has passed both the House and the Senate. Now it is up to the Governor to sign it.

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How will news of my impending divorce affect friends and extended family?

 Posted on May 01, 2021 in Divorce

Divorce is a very “me-centric” process, understandably encouraging divorcing Texas spouses to focus on their own personal, financial and emotional well-being. If you’re a parent, that level of concern extends to your kids.

But divorce affects everyone close, regardless of whether they are related to you or your soon-to-be-ex. Likewise, it will significantly impact the future of all the friendships you have established on your own or through your spouse.

Control the narrative and avoid hurt feelings

Talking about the end of a marriage can be awkward. How you approach these conversations will likely set the tone for future relationships with:

  • In-laws: Each spouse may want to break the news separately to their own parents, grandparents and siblings. It's essential to realize that your children will benefit from maintaining a loving relationship with your ex's family, even if you are no longer present.

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How to help children celebrate Mother's Day after a divorce

 Posted on May 01, 2021 in Divorce

A divorce changes all family dynamics. What once seemed easy can become fraught with difficulty, extra planning and second-guessing. This includes scheduling holidays like Mother's Day.

For moms, Mother's Day can be an exceptionally emotional event during or after a divorce. But both parents should understand it can be just as challenging for their kids.

Preparation is key when planning for holidays

When children live in two separate households, you and your ex (with the help of your lawyer) can accomplish much of the heavy lifting regarding where the kids will spend holidays and birthdays. When you are putting the details together for your Texas parenting plan, remember:

  • Your kids didn’t create the situation.
  • Divorce is difficult for both younger and older children.
  • Kids want what's best for both parents.
  • Your children are still trying to figure out this arrangement.

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What information should a co-parenting journal contain?

 Posted on May 01, 2021 in Child Custody

The key to a successful co-parenting relationship is creating a peaceful and loving environment for your child. Those goals can usually be accomplished when parents abide by the terms of their parenting plan while remaining flexible with their ex.

Regardless of whether Texas co-parents get along or try to avoid contact, it's crucial to detail the co-parenting relationship by keeping a journal, which may be a book or an app that keeps comprehensive records.

Details to include in a co-parenting journal

Diligence and consistency are the keys. You should make an entry after every exchange with the other parent. Include the date and time for items, such as:

  • Late drop-offs and pick-ups
  • Canceled or late appointments
  • Medical appointments and health care details
  • Discussions about your child with your ex
  • Your child's emotions and moods after they interact with the other parent

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How to prepare for family court in Texas

 Posted on May 01, 2021 in High Conflict Family Law

Going in front of a Texas judge for any family law matter can be a frightening and intimidating experience, especially if you aren’t familiar with the legal process.

However, doing a little homework and working with an experienced family law attorney can go a long way to presenting a persuasive and thorough case to achieve the best possible outcome.

Types of family court matters

A variety of circumstances exist where one or both parents, children, grandparents or others may be called before a family court judge. These include:

  • Adoption
  • Divorce
  • Custody, i.e., conservatorship
  • Visitation – possession and access
  • Child support
  • Modification of an order affecting the parent-child relationship

Follow these steps for a court hearing

Family law matters are often some of the most stressful and emotional times in a person's life. However, it's vital to your case to be on your best behavior. Remember to:

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5 things to do if you are considering a divorce

 Posted on April 01, 2021 in Divorce

After a year of lockdowns, health scares and stress over the pandemic, a Texas summer is finally on the horizon. The turmoil has been extra challenging for many married couples experiencing trouble in their relationships.

But vaccinations are increasing, and public health restrictions are loosening. This summer may be the time that couples who have been cooped up with each other for most of the past year decide whether it's time to take action.

Steps to prepare for a possible divorce

The reasons and outcomes for divorce are different for every person. But there are some basic things to consider while you are contemplating what to do next, such as:

  1. Undecided? Don’t worry!: You may still be unsure whether you really want a divorce. That's normal in most instances.
  2. Get educated: If you’ve reached an impasse with your spouse, don’t get mad. Do some homework. Instead of giving in to anger and frustration, learn what's involved with the divorce process. You can find many credible sources online or at a bookstore.

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Easing the psychological effects of divorce on children

 Posted on April 01, 2021 in Divorce

When parents decide to end their marriage, the first year or two can be incredibly challenging for their children, who are likely to experience anger, anxiety and disbelief.

While it depends upon the child, many recover quickly from the shock and get comfortable with the new dynamics and routines. But many kids struggle to feel “normal” again.

Divorce can mean different things for kids of varying ages

Divorce is disruptive for everyone, but it can be terrifying and confusing for children. Kids typically react differently based on their age:

  • Preschoolers: Younger kids generally aren’t sure why they are living in two homes. They worry that if their parents stopped loving each other, will they stop loving them?
  • Grade-schoolers: Kids who are a little older often think they are responsible for their parents’ split due to misbehaving or doing something wrong.
  • High-schoolers: Teenagers often get angry about divorce. They may blame one parent or resent both for the turmoil it has caused in their lives.

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Should we stay together only for the kids?

 Posted on April 01, 2021 in Divorce

Some Texas parents fear that divorce could be so devastating to their children that the best option is staying in an unhappy and unfulfilling marriage. Psychologists agree that divorce or separation can be destabilizing and stressful for kids.

The best situation is having a supportive, predictable and loving household where both parents are present. However, divorce is usually a better option in the long-term when the parents are incompatible.

Parents can ease the pain of divorce

It is well documented that children of divorce are more likely to experience emotional and behavioral issues than those with intact families. But kids are resilient and can usually bounce back quickly when at least one parent:

  • Makes sure they feel safe and secure
  • Is openly affectionate and honest
  • Maintains positive contact with the other parent

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