Posted on January 01, 2022 in Property Division

Many people put off divorce until after the holidays, not wanting a marital dispute looming over what is supposed to be a festive time. The wait may be even longer for Texas spouses who have put off a decision due to the uncertainty of the pandemic.

With 2022 in full swing, you may decide that it's the right time for a fresh start, but you’re not sure how to proceed. Understandably, you may be caught up in the emotions of taking that step. But it's crucial to do everything you can to ensure the best financial situation possible.

Taking inventory of marital assets

One way to deal with the fear and uncertainty is to take control of the process when preparing for divorce. Creating a checklist of marital assets not only makes the process less stressful but can help you achieve better results. Your list should include:

• Bank accounts

  Continue Reading ››

 Posted on January 01, 2022 in Divorce

Many people see January as a month of renewal, and divorce filings typically tick upward after the holiday season. For Texas couples considering a divorce, it's usually not a snap decision but rather the culmination of months or even years of unhappiness and conflict.

Some spouses stay together for the sake of their children. Others stay for financial, societal pressures or other reasons long after the closeness they once experienced ceases to exist. Here are five common reasons you may wish to seek a divorce and get a fresh start this year.

You and your spouse work against each other

Resentment and anger can linger for years when spouses don’t see eye-to-eye on major or minor issues and have the same arguments over and over without resolution. This often leads to conscious or unconscious polarization, where each party demonizes the other to anyone else who will listen.

Continue Reading ››

 Posted on December 01, 2021 in Special Education Law

If you have a child with special needs, you likely worry about them receiving an appropriate education. State and federal laws help ensure that they receive instruction tailored to their specific needs.

Once your child qualifies for special education, the first step is the Admission, Review and Dismissal (ARD) process, where a committee designs a plan for how the school district will meet your child's educational requirements.

What does the committee do?

ARD committee meetings must occur at least once a year but can happen more frequently if warranted. The purpose is to design or evaluate an individualized education program (IEP), which defines the instruction your child will receive, how the school must provide those services and how to measure progress. As a parent, you are a vital part of this proceeding.

You and the committee must agree on where and when to meet. Under the law, the school must provide written notice of the meeting's purpose, the time and place, who will be there and acknowledge that you can invite others with special expertise or connections to your child for support and input.

Continue Reading ››

 Posted on December 01, 2021 in Special Education Law

Each Dec. 2, we celebrate National Special Education Day, commemorating the anniversary of the nation's first law protecting the rights of children with special needs. President Gerald Ford signed the law in 1975.

The Individuals with Disabilities Education Act (IDEA) guarantees every child an appropriate public education. The law requires school districts to provide services and instruction for children with disabilities and other eligible conditions.

Four benefits of an inclusive education

If your child is eligible for special education, you may worry that they are kept apart from other kids their age. But most spend the majority of their time in general education classrooms in Texas. This inclusive learning environment has many benefits, including:

• Tailored learning: General education and special education teachers work together to design instruction and strategies for all students. This can include breaking classrooms into smaller groups, adding visual aids and interactive whiteboards, giving all kids hands-on experience.

  Continue Reading ››

 Posted on December 01, 2021 in Special Education Law

As a parent, you only want what's best for your kids. But it can be overwhelming when your child has special needs. In addition to the daily challenges at home, you must ensure that they receive the best education possible.

Federal law gives children with disabilities the right to receive a free and appropriate public education in Texas – one that's individually designed to meet their disability. However, schools often don’t interpret the law correctly or, in many cases, fail to observe those rights.

What is special education?

In 2004, Congress passed the Individuals with Disabilities Act (IDEA), which broadly defines special education as “specially designed instruction” meeting the unique needs of children with disabilities. The law directs schools to create individualized plans for children with specific disabilities. To be eligible, your child must:

1. Have one of the 13 IDEA-listed disabilities
2. Need specially designed education to make progress in their education

   Continue Reading ››

 Posted on December 01, 2021 in Special Education Law

If your child has special needs due to a disability and qualifies for special education, you may worry that it places a label on them that will be hard to overcome. The federal Individuals with Disabilities Education Act (IDEA) and Texas laws rule that children with disabilities are eligible for a free, appropriate public education.

This education often means school-provision of special education and related services designed to meet your child's unique needs and help them prepare for additional education, employment and independent living. As a parent, you are an integral part of designing and measuring your child's educational progress.

Overcoming special education myths

Many Texas parents worry that unfair and untrue notions about special education may adversely impact their children. Here are four common myths about special education and the facts:

Continue Reading ››

 Posted on November 01, 2021 in Adoption

A Texas couple, who are not Native American, attempted to adopt a part-Cherokee and part-Navajo boy but were stopped by the Navajo Nation. After a years-long legal battle, the Navajo tribe withdrew its objection, and the couple was able to adopt the boy.

Native American tribes have the right to object to non-Native parents fostering and adopting Native American children. This is because of the Indian Child Welfare Act (ICWA) that became federal law in 1978.

What is the Indian Child Welfare Act?

The ICWA laws were passed over 40 years ago as a reaction to decades of separations involving Native families during the 19th and 20th centuries. For decades, children were often forcibly removed from their homes and sent to boarding schools run by white missionaries.

Those federal laws have been challenged in courts around the country. Now, the U.S. Supreme Court may weigh in on the constitutionality of the 1978 Act in Haaland v. Brackeen. Parties for and against the law, including the state of Texas, petitioned the nation's highest court to hear the case.

Continue Reading ››

 Posted on November 01, 2021 in Adoption

Texas does not require you to hire a private attorney when adopting a child. However, consulting with a lawyer who regularly deals with adoptions can help make the complicated process smoother.

Experienced adoption lawyers understand the challenges and can guide you through the application process, court proceedings and protect your rights and interests every step of the way.

Requirements for adoptive parents

In the Lone Star State, you can pursue a private adoption or choose to adopt through the Texas foster care system. While the journey is different for each route, the requirements for adoptive parents are the same. You must:

• Be 21 or older, financially stable and a responsible, mature adult
• Provide background and lifestyle information
• Have references from family and non-family members
• Agree to a home study, which includes visits with every member of your household

  Continue Reading ››

 Posted on November 01, 2021 in Adoption

November is National Adoption Month, which raises awareness of the urgent need for adoptive families for children in the foster care system. If you are considering adoption, you have several options to choose from in the Lone Star State.

During the 2020-2021 fiscal year, which ended Oct. 31, nearly 4,600 adoptions occurred while about 3,000 other children await their “forever homes,” according to the Texas Department of Family and Protective Services.

Options for adoptive parents

As long as you are a responsible adult (age 21 or older) and meet some basic requirements, you are eligible to adopt a child in Texas. Here are some ways to become an adoptive parent:

• Private: Also known as an “independent adoption,” this method establishes direct placement between the adoptive parent or parents and the birth mother.
• International: “Intercountry” adoptions are largely complex immigration cases. While they may take longer and cost more, they remain a popular and rewarding option for starting or growing your family.

  Continue Reading ››

 Posted on October 01, 2021 in Child Custody

New legislation went into effect on Sept. 1, 2021, affecting Texas parents with 50/50 or shared custody orders. The new law expands the beginning and ending times for weekend stays with the child's noncustodial parent.

The reason for the law is to provide children more time with their noncustodial parent (called the “possessory conservator” in the new law). With these new beginning and end times, the possessory conservator is able to have about 46% of the total time with their child.

Here's how it works

The new law allows for an Expanded Standard Possession Order (ESPO). If you are the noncustodial parent, this order will extend your child's time with you. Instead of picking your kids up from school on Friday, you will get them after school on Thursday until Monday morning when you drop them off at school.

This change is not retroactive. This means it won’t apply to you if you already have an order in place. Instead, it applies to custody disputes that are pending as of Sept. 1, 2021 or were filed after that date. The new law automatically applies to custody orders created after that date if certain criteria are met.

Continue Reading ››