Posted on September 14, 2023 in Family Law

You may have an adult in your family who is not capable of taking care of himself properly. This person might be unable to keep up with his basic hygiene or even dress and feed himself. He may not be competent enough to make major decisions. If this sounds familiar to you, a guardianship arrangement could be of real value to you and your loved one. 

While this route may be the best approach for your loved one, you may have questions and concerns about the process. That is where a qualified lawyer comes in. Here at Daniel R. Bacalis, P.C., we are here to provide the information and representation you need to feel confident and secure in the guardianship process. 

How is a Guardianship Defined in Texas? 

Guardianship is a legal arrangement meant to protect someone who is vulnerable. Because this person cannot care for himself, guardianship protects him against abuse or neglect. Instead of being independent, the person under guardianship will have certain factors in his life - often including financial and health decisions - managed by an appointed person.

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 Posted on August 24, 2023 in Divorce

Divorce can be a difficult process for everyone involved. In addition to the spouses and their children, other family members may also be affected, including grandparents. Depending on the decisions made about child custody, grandparents may be concerned about whether they will be able to spend time with their grandchildren or whether a parent may take actions that could cause harm to family relationships. Fortunately, Texas law allows grandparents to request visitation with their grandchildren. By understanding how grandparents’ rights are affected by a divorce, families can determine their best options for maintaining important relationships.

The Importance of Grandparent-Grandchild Relationships

Research has shown that strong bonds with grandparents and other extended family members can greatly benefit children's social, emotional, and psychological well-being. Grandparents often play vital roles in supporting and nurturing their grandchildren. They can provide stability and love throughout challenging times. In recognition of the importance of grandparent-grandchild relationships, Texas law allows grandparents to request visitation with grandchildren under certain circumstances.

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 Posted on August 11, 2023 in Divorce

Divorce can be difficult, not just for spouses who are ending their marriage but also for their children. It is important to remember that children are often caught in the middle of divorce proceedings, and they may struggle to cope with the changes they will be required to make in their lives. In these situations, they can experience a wide range of difficult emotions, such as confusion, sadness, anger, and even guilt. As you address the many legal and financial issues that will play a role in your divorce, and as you make adjustments to living situations, daily routines, and other parts of your life, it is crucial to prioritize your children's well-being and ensure that their needs are met. Here are some tips on how to focus on your children's needs during this difficult time:

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 Posted on July 25, 2023 in Divorce

When a person chooses to end their marriage and get a divorce, they will need to determine whether to pursue a contested or uncontested divorce. It is essential to understand the differences between the two. Depending on the approach taken during the divorce process, the outstanding issues in a case may be addressed in different ways. Those who are planning to get a divorce can ensure that they are prepared to handle their legal concerns by working with a skilled and experienced family law attorney.

Uncontested Divorce

In an uncontested divorce, both parties will agree on all issues that need to be addressed in order to dissolve their marriage legally. These issues may include, but are not necessarily limited to, child custody, property division, and spousal support. The parties will need to reach agreements on how all outstanding issues will be resolved, and their decisions will be set down in a divorce settlement agreement. This settlement will then be filed in court, and once a judge signs off on it, the couple's marriage will be terminated.

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 Posted on July 18, 2023 in Divorce

After a divorce, a parent may believe that it is necessary for them to relocate to a different city, county, region, or state. A parent may choose to move for various reasons, such as to pursue job opportunities, to receive family support from loved ones in different areas, or simply to receive a fresh start after the end of their marriage. If you are a parent in Texas who wants to move with your child after getting divorced, it is essential to understand the legal requirements you will need to meet and the potential challenges that you may need to address.

Relocation by a Parent With the Exclusive Right to Determine Children’s Primary Residence

When child custody orders are created in Texas, one parent will usually be granted the exclusive right to determine where their children will have their primary residence. In cases involving sole legal custody (which is known as conservatorship in Texas), the parent with this exclusive right will usually be able to relocate with no restrictions. However, in cases where parents will share joint managing conservatorship, certain restrictions will apply to the locations that a parent will be able to relocate to. In many cases, these geographic restrictions will limit a parent to living in the county where they resided at the time of their divorce or other neighboring counties. If necessary, the court may choose to put other types of restrictions in place based on the unique circumstances of the case.

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 Posted on June 21, 2023 in Divorce

No one should ever have to face domestic violence. There is never an excuse for assaulting one’s spouse. If you have experienced domestic violence in your marriage, divorce may be your best option. Violently abusive spouses rarely stop their behavior on their own. You will most likely need to exit the relationship in order to be safe from further violence. When you are divorcing an abusive spouse, there are some special considerations. Taking care of your emotional and physical needs is very important during this time. Meeting your legal needs and protecting your rights will likely take the skill of an attorney. Daniel R. Bacalis, P.C. is experienced in helping domestic violence survivors get divorced and takes special care to see that survivors are treated fairly throughout the process. 

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 Posted on June 09, 2023 in Divorce

Regardless of a family's circumstances, divorce can be a challenging and emotionally taxing experience for all parties involved. A high net worth divorce, however, brings an additional layer of complexity. Multiple financial issues may need to be addressed, and there are a variety of other concerns that are unique to couples who earn high levels of income or own complex assets. Many of these issues may involve strong emotions, and they can trigger contentious legal battles as spouses seek to protect their financial interests and address other divorce-related concerns. With the help of an experienced attorney, spouses who earn high incomes or own valuable assets can make sure they take the correct approach during the divorce process.

Unique Factors in High Asset Divorce Cases

During a high net worth divorce, couples may need to address issues such as:

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 Posted on May 24, 2023 in Child custody

Parental rights are a fundamental aspect of family law. A person who is legally recognized as a child's parent will have the right to have an ongoing relationship with the child, and they will also have the obligation to provide support and ensure that the child's needs are being met. However, in certain circumstances, parental rights can be terminated. This will usually be an issue that will be addressed in adoption cases, since before a child can be adopted by another party, the parental rights of one or both of their biological parents must be terminated.

The termination of parental rights may also be an issue in cases involving Child Protective Services (CPS). If CPS decides to remove a child from a parent's custody because of issues such as domestic violence or substance abuse, it may take action to terminate a parent's rights, place the child in foster care, and arrange for the adoption of a child by foster parents or other parties. Because issues related to the termination of parental rights can be complex, it is important for parents and other involved parties to understand when a parent's rights can be terminated and the procedures that will be followed in these cases.

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 Posted on May 10, 2023 in Divorce

Divorce can be a daunting process, since there are numerous legal and financial concerns that a couple will need to address before they can end their marriage. In some cases, one spouse may believe that they are at a financial disadvantage because they rely on the other spouse to earn the majority of the family's income or because there are factors that prevent them from maintaining employment and fully supporting themselves. Depending on the situation, spousal support may be appropriate. This form of support will require one spouse to make ongoing payments to the other to ensure that they will be able to meet their ongoing needs. By understanding the factors that may be considered by a family court judge when addressing issues related to spousal support, divorcing spouses can advocate for solutions that will protect their financial interests.

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 Posted on April 25, 2023 in Divorce

Parents who decide to get a divorce will need to address a variety of issues related to their children, and these concerns can also affect unmarried parents who break up or are not in a relationship with each other. In addition to child custody, which will determine how parents will make decisions about how their children will be raised and when children will live with each parent, child support will be another important factor to address. Child support orders will ensure that both parents are contributing financially to their children's needs. In most cases, the "obligor," or the parent who pays child support, will be the non-custodial parent, and they will make ongoing payments to the "obligee." To ensure that issues related to child support will be handled correctly, it is crucial to understand how the amount of child support payments will be calculated according to Texas law.

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