Posted on July 05, 2019 in Divorce

It is not unusual for people to find themselves in situations in which they must make difficult decisions. For some Texas residents, an unexpected pregnancy could put them in a predicament that has them questioning their futures. If you have a loved one who does not feel ready to be a parent, you may be considering adopting the child.

Kinship adoption can often help mothers-to-be have an option for helping their children have happy and healthy lives even though the biological parents may not currently be capable of raising children. If you are in the position of potentially adopting a relative's child, you need all the reliable information you can get.

Why kinship/relative adoption?

Adoption in any form can be difficult for birth mothers, even when they know it is the best decision for their children. Having a child adopted by a relative can have numerous benefits, including allowing a child to grow up as a part of his or her biological — even if extended — family. This type of adoption can also be useful to the child's medical care, as the family's medical history will still be known.

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 Posted on May 10, 2019 in Divorce

Paying child support is a necessary annoyance. While you may understand the logic of providing funds for your child's needs and wants, child support is an expense that does not fluctuate, no matter your financial circumstances. In fact, if you are experiencing a serious setback, you may find the monthly support payments to be a heavy burden or even a hardship.

With your other financial obligations, you certainly have alternatives to explore when times get tough. Child support, on the other hand, is a constant, and Texas family courts do not appreciate excuses when you do not pay. However, if you are going through a difficult time, you may find relief in a modification of your support payments.

Why might a modification be appropriate?

Returning to court to seek a modification of your child support may seem intimidating, but it is a critical step to take if you are unable to meet your obligation because of any of the following or other circumstances:

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 Posted on March 21, 2019 in Divorce

What it means to be a family has changed over the years. In most households here in Texas and elsewhere, strict gender roles no longer exist. Blended families exist all over the country, and many of them thrive.

Because of these and other societal changes, the way that people divorce has changed as well. Numerous couples decide to work together to reach a settlement on their own rather than engage in litigation. Granted, in some instances, going to court is necessary, but when possible, many couples take the opportunity to take another path.

Why avoid litigation?

The traditional courtroom divorce tends to automatically pit you against your future former spouse. This situation does nothing to foster cooperation and compromise. When you go through this system with children, you may find that you experience difficulties co-parenting. The prevailing theory is that one party must "win," which could carry over into how you parent post-divorce.

Parents today put more emphasis on making sure their children make it through the divorce process as unscathed as possible. The problem is that the stress, contention and emotional toll of going to court don't get you to that goal. Outside of the emotional issues, litigation often takes longer, costs more and results in another person making decisions that impact your life. Like most others, you may not receive the satisfaction from your experience that you deserve.

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 Posted on January 22, 2019 in Divorce

Walking through divorce is a complex and emotionally challenging process, no matter how wealthy a couple is or how valuable their marital assets may be. However, couples facing the prospect of a high asset divorce may face unique challenges when resolving financial matters and settling property division issues. There are specific steps you can take to protect yourself and seek a positive financial future.

High asset divorces often involve complex real estate holdings, valuable savings accounts, business assets and more. For many of these things, it is not always easy to determine who should get what, and you may not even be certain of the value of many marital assets. It is in your interests to know how to protect yourself and seek a final order that is fair and sustainable well into the future.

What can you do?

During divorce, you may feel out of control regarding what will happen to your money and possessions. If your spouse controlled the finances during the marriage or you did not earn an income because you stayed home with the children, it is especially prudent to know about your property rights and how to make smart decisions during divorce. Some of the things you can do to shield your interests include:

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 Posted on November 30, 2018 in Divorce

In Texas, when a couple divorces, each party is still required to supply financial support to their children. The court may order one parent to pay child support — usually, the person not named the primary custody holder or the spouse who has been the breadwinner in the marriage. The amount ordered is determined by looking at a number of factors. What happens if, down the line, the payer or payee feels there is an issue with the ordered amount?

Believe it or not, child support orders are adjustable. How can the payer or payee seek a support modification?

Talk it out

It may be possible for you and your ex to come to new terms on your own. If, by talking things out, you can come to agreeable terms, you must submit your proposed plan for court approval. The changes you agreed to will not take effect until the court approves, so those paying should keep paying the amount listed in the original court order until the modification is actually official.

Go to court

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 Posted on October 05, 2018 in Divorce

One of the most difficult issues to address during divorce is what will happen to the children. Texas parents are naturally concerned with the well-being of the youngest members of the family, and many times, they want to avoid litigation and stressful conflict for the benefit of the kids. You may want to do this by drafting your own parenting plan out of court.

A parenting plan will outline how custody and visitation will work. When you decide to keep this matter out of court, you can effectively address specific needs and craft your plan to match your specific objective. Creating your own parenting plan can be a peaceful and productive way to address child custody concerns during your divorce.

What makes a strong plan?

A parenting plan should be as thorough as possible. When you are able to be very detailed and specific in the terms you include, you are reducing your chance of continued conflict in the future. Some of the things you would be wise to include in your parenting plan include the following:

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 Posted on August 08, 2018 in Divorce

As a member of the military, you are no stranger to sacrifice. You have undergone rigorous training, endured long periods separated from loved ones and accepted the duties that your superiors assign to you. When it comes to your children, however, you may not be as willing to sacrifice your time with them.

If you are dealing with child custody issues, you likely understand that your military service may negatively affect your efforts to obtain a custody arrangement that gives you equitable time with your children. Child custody matters are complex in the best of circumstances, and you may be concerned about protecting your rights. The first step is understanding how your service to your country plays into custody decisions.

Best interests of the children

Family courts in Texas and across the country attempt to make custody decisions that are in the best interests of the children. In most cases, the courts understand that equal time with both parents benefits the children provided there is no evidence of abuse or neglect. Of course, it may be too much to expect equal time if you are suddenly deployed or stationed out of state.

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 Posted on June 14, 2018 in Divorce

You may have heard that there's been a tremendous increase in divorce for people in Texas and throughout the nation who are age 50 and beyond. In fact, you may have done some research on the topic because you're considering filing for gray divorce yourself, which is the colloquial term that applies to the topic.

Some wonder why anyone who has already been in a marriage to the same person for 15, 20 or more years would choose to divorce. Others, especially those who have "been there, done that," not only understand why but have shared common experiences with many others who divorced late in life. Even if your situation relates to a friend or relative who has filed for gray divorce in the past, every situation is unique in some aspect, so you'll want to secure support to address the issues you consider most important.

One or more of these issues may sound familiar

Whether you stayed home full time to raise your family or have been a co-breadwinner outside the home and alongside your spouse for years, as you get older, things change. This is especially true nowadays because people tend to live longer, which, for married couples, means they must spend more years together than spouses of long ago. The following issues sometimes cause major problems:

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 Posted on April 21, 2018 in Divorce

Divorce is difficult for every member of a Texas family, including the grandparents. When the parents decide to end their marriage, it can lead to a disruption of other important familial relationships, including those with grandparents. As a grandparent hoping to maintain a good relationship with your grandkids, it may be beneficial to learn if you have any legal rights to visitation.

While some families are able to peacefully address grandparent visitation and allow schedules that provide the opportunity for regular visitation, this may not be the case for you. You have to take legal steps to secure access to your grandkids, even if there is clear evidence there is a strong relationship already in place and it would be in the best interests of the children.

What can you do?

You may feel overwhelmed by the prospect of losing access to your grandkids. However, courts recognize the importance of other family members in the life of the child, and sometimes, it is possible to seek and obtain visitation. The courts may consider the following when deciding on grandparent visitation:

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 Posted on March 11, 2018 in Divorce

When you and your spouse married, you may have known little about his or her business. However, you took a keen interest and learned whatever you could, even if only to participate in conversations at the dinner table. Throughout your marriage, your spouse's business may have been the primary means of support for your family. Now that you are approaching divorce, you may wonder how that business and its appreciation will play out in property division.

Your spouse may indicate that the business is not on the table. However, the law may say otherwise. Unless your spouse took careful precautions to protect the business from asset division, you may have a right to your fair share of its worth

Did your spouse keep it separate?

If your spouse did not ask you to sign a prenuptial agreement, he or she missed an important opportunity to keep the Texas divorce court from seeing the business as marital property. With a prenuptial agreement, many business owners define the ownership of their companies as separate from joint assets. Even if your spouse began the business before your marriage, you may be entitled to half of its appreciation since your wedding day unless a premarital contract stipulates otherwise.

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