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A strategic child custody guide for fathers
Ironically, all property rights once belonged to men, including children treated as property under the law. Women did not have any legal rights to their children.
As women gained more influence, laws relaxed and public attitudes eventually changed to the other end of the spectrum. Society reasoned that up until a child reached the age of four years, maternal care was essential for optimum growth and development.
Parental rights to share custody
Divorce courts awarded child custody to mothers unless they were grossly unfit. The courts’ reasoning was in line with the “tender years doctrine” that young children up to the age of four years old needed nurturing by their mothers.
In modern times, courts respect decisions parents make to share custody based on the parents’ fitness, not on the doctrine of tender years. If parents cannot agree on a parenting arrangement, the court steps in and ostensibly awards custody to the parent—whether father or mother—who is best able to meet the needs of the child.
Our Divorce Brochure Is Here
The Ramage Law Group is proud to present our new divorce brochure. For more information, click here to read our new divorce brochure.
Summer Break and the Move Bug!
Summer break is here for many families in McKinney, Frisco, Allen and Plano, Texas. The children get restless and everyone wants a vacation. You may be wanting a fresh coat of paint for the inside or flowers for the outside. Or you may just want to move. If you are divorced and have children, you need to check your divorce decree before you do. Chances are you may be limited in your move options.
It is the policy in the State of Texas to encourage frequent contact between parents and their children when the family is no longer intact. So, after a divorce or custody case, the Court, more often than not, imposes a geographical restriction on the child's residence. You may have heard of parents saying their divorce decree prohibits them from moving. Well, the divorce decree only restricts the child's residence.
How soon should you establish paternity?
In Texas, the Office of the Attorney General explains that to establish a legal connection between father and child, you have to establish
If you are not married to the mother, to establish paternity, you need to sign an Acknowledgment of Paternity form. You can complete the process quickly by simply signing a form with the mother. Parents have an opportunity to sign an AOP before the child's birth, during and after.
In other situations, you may use a court order to establish paternity. After you open a case with the Office of the Attorney General, you go through the process to determine paternity. There will likely be DNA testing to prove paternity.
Should your legal team include a forensic accountant?
As you proceed with your plans to obtain a Texas divorce, you may experience an uneasy feeling that your spouse has set about attempting to hide marital assets from you, especially if you and (s)he represent a high-asset couple. As you probably already know, Texas is a community property state in which, per law, spouses own all marital assets 50/50 and must divide them up that way in a divorce. Consequently, should your spouse indeed be hiding some of these assets, (s)he will receive more than (s)he should during the divorce and you will receive less than you should.
Unfortunately, due to today's technology, spouses have more opportunity to hide assets and more ways in which to do it. In addition, as FindLaw explains, such hidden assets may be exceedingly
April is Autism Awareness Month
It's April – Autism Awareness Month!
What is Autism? It seems to be mentioned in the news almost daily. Our families with children on the spectrum each have their unique understanding of Autism and how it has affected their lives and their children's lives. However, does the public truly understand Autism Spectrum Disorder?
Autism Spectrum Disorder refers to a range of conditions characterized by challenges with social skills and social reciprocity, repetitive behavior, deficits in verbal and nonverbal communication, and unique strengths and differences. Autism's most obvious signs tend to be seen between the ages of 2 and 3, such as when a parent notices that her child does not respond to her, engages in repetitive behavior, or concentrates on an object rather than interacting with parents and other family members. However, some of the more subtle signs of autism may be overlooked or misunderstood in some children only to be diagnosed later in life.
Is It Time For A Change?
When you divorced, you probably did not anticipate all the possibilities that could make a change in custody necessary. Like many parents, you may have assumed that once the Judge signed your divorce decree, custody and visitation were set in stone. However, sometimes arrangements become unsuitable for the parents and the children. It is possible to modify custody orders in Texas, so you do not need to feel stuck with an unworkable order. However, there are conditions that must be met before the Court can modify your existing arrangement.
Change in Custody
The term “custody” is commonly used to describe the child's primary residence. In other words, which parent establishes the child's primary residence. If a parent wants to change that custody arrangement, he must show a material and substantial change in circumstances of a parent or a child, and that the requested change is in the child's best interest. When is there a material and substantial change? It depends on the facts, and often the timing of the request is critical.
Spring Break is Here! Now It's Time to Plan for Summer!
Are you enjoying Spring Break with your children? Spring and Summer give parents time to reconnect and bond with their children, especially after divorce. If you share custody of your children, chances are you need to begin planning for your summer possession periods.
Where to Start?
The first place to start is your most recent custody order, whether it is your divorce decree or an order modifying your divorce decree. First, weekend possession continues during the summer, except when each parent is enjoying extended visitation with the children. If you have a Texas Standard Possession Order and are the non-custodial parent, you should have given notice to the other parent of a thirty-day period in which you plan to exercise summer possession of your children. If you failed to give notice, no need to worry. Your summer possession period defaults to the month of July. The custodial parent may then take a weekend from your extended summer visitation period by notifying you on or before April 15 of his desired weekend. Additionally, the custodial parent may also designate a weekend that is outside of your summer visitation during which you may not exercise visitation, so long as it does not interfere with Father's Day weekend or your designated summer possession.
Thinking Ahead With Custody Battles
Custody battles can drain your soul. They can be exhausting. It is inevitable that parents want to give in on issues just to buy some peace and to get the pain to stop. But just like a band-aid falls off over time, exposing the wound, the temporary fix to your custody issue may eventually no longer work, revealing the same problem it was meant to stop. This is why we advise our clients to think ahead. And if you can’t think ahead, let your attorney think ahead for you and explain what life may look like under the temporary fix – 1, 2, 3 years down the road. There are three areas where thinking ahead may stop you from making a poor decision that could affect your child's future.
Child Support
A parent involved in a bitter custody fight wants the pain to stop. She is tempted to give in to her husband's suggestion that he reimburse her for reasonable expenses instead of paying child support. Sounds simple enough, right? Well, look into the future when that spouse questions why the other parent bought a particular pair of shoes from Nordstrom's rather than WalMart. Or questions the brand of milk she purchased for the children? What is reasonable is left to the reimbursing parent's discretion. A parent who agrees to waive child support, or who accepts child support below the state guidelines, should be careful. Once you have agreed to no support, you may not be able to modify support in the future. Texas law requires a material and substantial change in circumstances of a conservator or a child before an order may be modified. A party's change in income, standing alone, may not be sufficient to allow the court to modify the prior child support order once you have already agreed to accept below guideline support. Be careful and think ahead!
Going to Court with a Personality Disorder
Did that really happen? Did she really say that? Did he just deny telling me he wanted a divorce? Am I crazy? Why is she asking me to stay when she told me to leave? If you are married to, or in a co-parenting relationship with, someone with Borderline Personality Disorder or a Narcissist, you have asked these or similar questions many times. Unfortunately, the family court system unintentionally fuels the soul for certain personalities that thrive on conflict and it can make divorce or co-parenting very difficult. What do you do when you are engaged in a court battle with someone who has a personality disorder?
Knowledge is Power
First, arm yourself with knowledge – knowledge about your spouse, the nature of her mental illness, and how to avoid engaging in conflict. There are many books about divorce and personality disorders. Get one and read it. splitting by Bill Eddy or Stop Walking on Eggshells by Randi Kreger are good resources. Make sure your attorney has a good understanding of personality disorders, as well. The handling of these cases requires different skills and knowledge from what is required of a typical divorce.
Finding The Right Attorney Matters. Contact Us Today.
A family lawyer does much more than simply provide legal answers. Our lawyers explore a variety of different solutions to help you achieve your goals and secure your family's financial and emotional future and stability.
To discuss your case or set up a consultation, call us at 972-562-9890 or use the online contact form.
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