Posted on June 01, 2020 in Child Custody

Billions of people across the globe are struggling to find a new “normal” amid the coronavirus pandemic. While lockdown orders and other restrictions begin to ease a bit here in Texas, there is no playbook for how and when to resume regular activities.

During an uncertain time, we can be part of the problem or the solution. That's true for every individual as well as parents who share custody of their children. Co-parenting is difficult even during the best of times and has become even more challenging during the past several weeks.

Co-parenting stress relievers

Everyone has been affected differently by the pandemic, and it's essential that parents take steps to protect their physical and emotional well-being for everyone's sake. Actions that can help reduce stress include:

• Care for yourself: Set aside time for reading, walking, biking or jogging and reduce your access to wall-to-wall news coverage of the pandemic. Virtual dinner parties, free online workouts and other creative activities may help you remain connected to others during this social-distancing period.

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 Posted on June 01, 2020 in Child Custody

Father's Day is just around the corner. Are you a concerned dad? Concerned about your children and your rights? Custody is not just for moms. If you are a dad seeking custody, consider these three things.

First, ask yourself why. Why is this important to you? Are you looking for equal time with your children? Are you afraid the courts will only see you as a weekend dad? Or, are you the more stable parent? Is your spouse a risk to your children? The answer to these questions will make a difference in court and a custody agreement.

The second thing you should do is look around and gather evidence. Do you have videos, pictures, or audiotapes of you and your children showing you to be the best dad you can be? If you're concerned about your spouse or that your spouse is a risk to your kids, do you have evidence that shows what that risk is. If you want to fight for custody, you need to be prepared with evidence so the court can see that and make a decision that is in the best interest of your children.

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 Posted on May 01, 2020 in Divorce

Many families in Texas may welcome the extra time spent together due to Gov. Greg Abbott's stay-at-home order during the current health care situation.

But for others, the increased interaction may aggravate an already tense situation between spouses whose marriages were previously strained. Many believe it will lead to an increase in divorces.

Weighing the economic impact

But some experts are saying, “not so fast.” While some marriages may be strengthened during this period, others believe the number of divorces could actually decrease due to financial considerations related to lost income.

As of April 11, more than 1 million Texans had filed for unemployment benefits since March 15, as restaurants, retail stores, bars and other so-called non-essential businesses reduced hours or shut down operations while the stay-at-home order is in effect.

Divorce filings decrease in one county

An analysis of limited data shows at least one county reporting a decrease in divorce filings over the past month. The Austin Statesman reports filings in Travis County decreased by 46% compared to the same period in 2019, and by 36% from 2018.

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 Posted on May 01, 2020 in Divorce

The past two months have turned everyone's lives upside down. It's been especially difficult for those are divorcing and had to postpone the process until the health emergency settles down.

Governor Greg Abbott allowed his stay-at-home order to expire on April 30. It is only a few days until the courts reopen. How have you fared during this stressful time?

Finding hope after a “pandemic divorce”

While it hasn’t been an easy time, there are steps you can take to reclaim a positive outlook for the future, both in your professional and personal lives:

• Career aspirations: It hasn’t been easy to focus on your job, whether you’ve continued going to work, working from home or have been furloughed or laid off. Take the time now to assess where your career is and where you want it to go.
• Find your passion: Stress! Disappointment! Shell shock! Sound familiar? Those are some of the feelings most have experienced over the past several weeks. However, now is the time to set goals for rebuilding your life after your divorce and focusing on the positive things you want for the future.

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 Posted on May 01, 2020 in Child Custody

There's an App for everything. So why not an App for Co-parenting?

Children need stability, calm and security as they grow-up. Which parent are they spending the weekend with? Who needs to sign their school field trip note? The concern of these parental jobs is not their burden, and it's our role as parents to have it covered, allowing our kids to be kids.

Some parents can move into co-parenting rather seamlessly, while others feel like they have fallen into the deep end of a murky pool. And the ones’ who can suffer while you’re treading water are the children.

You’re not alone, and the Apps below were designed with you in mind:

• OUR FAMILY WIZARD
  Could you work with your ex-spouse post-divorce? Thankfully, the creators of Our Family Wizard could. This co-parenting app was created by a divorced couple who needed a tool to better communicate and share of information regarding their children. The app features tools that not only schedule child custody, track parenting time, share information and manage expenses but also log communication, providing you with accurate records for court proceedings. Third-parties such as grandparents, mediators and therapists can be added to the account at no extra cost.

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 Posted on May 01, 2020 in High Net Worth Divorce

Receiving the best possible financial outcome is vital when you are going through a divorce. But dividing marital assets can be complicated when one spouse receives his or her income through various means, including bonuses or stock options.

When compensation comes solely from a salary, negotiations are likely to be straightforward, and the timing of the divorce will typically not make a difference. However, it's vital to understand where your earnings come from and how the process could impact them.

Types of income and possible effects of divorce

If your compensation package includes any of these provisions, an experienced family law attorney here in Texas can help you protect these assets during negotiations:

Prepaid bonus with clawback provision: Employers sometimes pay a person a large bonus at the beginning of their employment, but the funds are subject to a clawback, or requirement that the funds will be repaid if the worker leaves the job early or doesn’t meet performance standards.

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 Posted on May 01, 2020 in Fathers’ Rights

But you’re not married to your child's mother. Does it matter? Legally, yes.

The definition of “family” is changing, and studies show that unmarried parents are becoming increasingly more common today. You and your child's mom may sail blissfully into the future, parenting your sweet bundle of joy as a happy family unit. But if you and the mom decide that you must go your separate ways, what rights do you have regarding your child?

Under Texas law, there is no presumption of paternity if the parents of a child are not married at the time of conception or the time of birth. What that means is that the father has no parental rights or obligations. Without a court order, the mother can refuse to allow you to see or care for your child. And this refusal can affect your extended family as well. Or the mother can move out of state without your permission.

If you want a relationship with your child, you must establish legal paternity. The establishment of paternity will result in your name being placed on the child's birth certificate and the assumption of parental rights and duties.

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 Posted on April 01, 2020 in Divorce

If you got married after completing your college education, the student loan debt you brought into the relationship will most likely still be yours alone if you divorce.However, it's not always cut and dried how that debt is distributed if you took out student loans while you were married. Any loans you receive after tying the knot in Texas are typically considered marital debt.

Figuring out a plan of action

Everyone's circumstances are different when their marriages end. An experienced family law attorney can help you find your own best course of action, including these considerations:

• Community property: Texas is one of nine states that consider all marital debt as community property. Both spouses are equally responsible for the repayment of student loans taken out during a marriage, even if only one spouse did the borrowing or attended school.

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 Posted on April 01, 2020 in Divorce

Divorce is a challenging process for both spouses, but it can be especially tricky when you have children. While there are likely to be some rough moments, there are actions both parents can take to make the transition smoother for everyone.

The first step is being open and honest with your kids. Trying to spare their feelings by telling them, “nothing is going to change,” won’t work and may increase their anxiety. It's crucial to be upfront and let them know that what's happening is not their fault.

Prioritize the needs of children

Being honest with your kids about their future should be the priority, even if it means that you don’t have all the answers. There are things you can do to help make them feel safe, such as:

• Respecting the other parent: Even if a divorce turns contentious, sharing negative feelings with or in front of children will likely confuse and upset them. Maintain a civil tone when speaking about your ex and never use foul language.

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 Posted on April 01, 2020 in Divorce

The best interest of the child?

Your child.

Your children.

Shouldn’t that be up to you?

Modification of a Child Custody Order in the great State of Texas

When it comes to the custody of your children after a divorce, and you are not able to come to an agreement with your spouse or former spouse, often it falls on the State of Texas to decide what is best. Even the most amicably divorced parents can face coparenting issues that cause one or both of you to want to revisit your custody arrangement.

In a perfect world, you and your ex-spouse would sit down together and happily reach a workable agreement that modifies the current arrangement; a perfect plan that makes parents and kids happy.

But very often, in the real world, such blissful agreements do not happen, and it is necessary to seek legal help to modify the current parenting plan.

Before you jump into what can be the murky pool of modification, let's look at some important steps to consider.

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