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Recent Blog Posts

3 tips for co-parenting during parent-teacher conferences

 Posted on January 22, 2018 in Uncategorized

Parent-teacher conferences are often a joyous occasion. In addition to meeting your child's teachers and getting acquainted with their curriculum, you may learn about your kid's success in class and hear more about her or his academic strengths. You will likely emerge from the conference a proud parent, but the stress from sharing the time with your ex may put a damper on the excitement and pride you should be feeling.

It is important to develop some co-parenting strategies prior to attending the parent-teacher conference. Utilizing the following tips can help prevent tension and ensure the meeting is a productive discussion of your child's academic performance.

1. Stay focused on goals

According to Psychology Today, one of the most important tenets of successful co-parenting is staying focused on your child's wellbeing. You can do this by setting specific goals that you and your ex work on together. In the context of a parent-teacher conference, consider what you are both hoping to gain from the time you have, and stay focused on that rather than any stress you might feel.

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Prenuptial agreements and your divorce

 Posted on December 13, 2017 in Uncategorized

If you entered into a prenuptial agreement, you need to know how its provisions can affect the course of your divorce proceedings.

Signing a prenuptial agreement can be a good way to protect your finances in the event of a future split. While the law generally wants people to have the freedom of choosing what to agree on, there are some areas where courts are unlikely to enforce prenups.

Prenups must be in writing

First of all, in order to have legal force, a prenup must comply with Texas requirements for validity. The agreement must be in writing, although it does not have to be notarized. The parties must sign it before the marriage; marital agreements belong to a different legal area with different rules governing them.

Total financial disclosure

The parties to a prenup must completely disclose their financial situation to one another, including all assets and liabilities. If it later turns out one party withheld relevant information, the court may deem the agreement invalid.

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How should I handle it if CPS knocks on my door?

 Posted on December 06, 2017 in Uncategorized

Getting a visit from Child Protective Services is one of the things a parent dreads the most. Finding out that someone is questioning your parenting skills and feels as if the state needs to intervene can be a frightening, infuriating and humiliating experience. However, you are far from alone. Countless parents in Texas and elsewhere receive visits from CPS, and most cases find a resolution without having the children taken away.

Even so, this can be an uncertain time as you worry about the outcome of your case and whether you might lose your children. If you get a knock on your door and it turns out to be a social worker with CPS, stay calm and remember the following tips:

  • Ask to see the social worker's warrant. You do not have to let CPS into your home without a court warrant, no matter how intimidating they are.
  • You can tell the social worker you need time to get in contact with your attorney. The worker will likely schedule another visit, but this will give you time to prepare for the visit and seek legal counsel.

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Holiday co-parenting tips

 Posted on November 07, 2017 in Uncategorized

Depending on your relationship with your ex-spouse, co-parenting may not be easy, and it may become especially difficult during the holiday season. Whether you have or are seeking full or shared custody, you want to create the best possible environment for the kids, which in many cases is spending time with both parents.

Having a specific plan for the holidays can be quite helpful. There are a few things you should consider in your co-parenting plans through the holidays.

Know the decree

It is important that parents know their rights in accordance with the custody agreement. If the parenting plan or court-appointed custody determination provides a stipulation for holidays, it may be necessary for parents to defer to this document first. However, if both parties agree, it is possible to make special arrangements.

Compromise

In general, proper co-parenting requires compromise. During holidays, a time mostly attributed to family activities, compromise is vital to creating a happy and healthy environment for the children. Dealing with divorce as a child is already a confusing and tough experience. Therefore, spending time with both parents in happy environments may be critical to creating and maintaining their stability. Parents who understand this and can put aside their differences and desires to focus on what is best for the children can work together and foster a positive and enjoyable experience.

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Modifying a Texas child custody order

 Posted on October 25, 2017 in Uncategorized

When a Texas couple with minor children divorces, the custody order is a necessary and important part of the divorce judgment. Parents must continue to follow the order, as failing to do so can involve legal consequences and may ultimately even affect custody.

However, circumstances can change. Sometimes an order that made perfect sense initially may no longer work in a new situation. When this happens, you may request a modification of the custody order.

Modification by agreement

If you and your ex agree on the proposed changes, the two of you can submit your proposed new order to the court for approval. Most often, courts tend to approve joint requests.

Unilateral request for modification

In situations where you and your ex have a dispute about whether there should be changes or what they should consist of, the court may hold a hearing and listen to both sides.

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The basics of Texas child support

 Posted on September 14, 2017 in Uncategorized

Divorcing Texas couples with minor children will have to deal with the issue of child support. Getting a quick overview of some basic concepts can help you better understand what to expect.

Similar to many other states, Texas law approaches issues relating to children from the standpoint of the best interests of the child. Thus, parents may not waive or agree to amounts below the state's guidelines. While they are free to compromise on their own rights, they may not do so on behalf of the child. They may, however, agree to amounts higher than those the guidelines would produce.

Who pays child support

In most cases, the parent with less parenting time pays support to the parent with whom the child primarily lives, as generally that person would cover the bulk of living expenses for the child.

How long do payments last

Most often, a parent pays child support until the child turns 18 or graduates high school, whichever comes later. This is the age until which parents in Texas have a legal obligation to support their children, whether or not they are divorced. Support may cease earlier if the child becomes emancipated through marrying.

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Nervous about divorce mediation? Follow these 3 steps

 Posted on September 09, 2017 in Uncategorized

As your divorce becomes more imminent, you might be stressed about court room battles and unaffordable legal expenses. These are common reasons some divorcing couples choose mediation or collaborative divorce. These alternatives to litigation can help you save money and keep your sanity intact.

Even if you know these benefits, you might still be nervous about attending a mediation session for the first time. Before you begin, here are some important things you can to do get ready for mediation.

1. Gather important documents

Michael Kay, a Certified Financial Planner and Forbes contributor, notes that you will discuss property division, child support, alimony, custody and taxes during mediation. Because of this, you should prepare a list of all your assets and debts. This may include details about real estate, vehicles, businesses, stocks, retirement funds, credit card balances and bank account balances.

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New legislation affects CPS cases in Texas

 Posted on August 14, 2017 in Uncategorized

The department of Child Protective Services in Texas has long been under fire for insufficient action, lack of organized protocol and questionable treatment of foster children. All of these problems have understandably shaken faith in the department, but new legislation aims to empower CPS and restore Texans' faith in the services provided. There are a few things everybody should know about the laws.

According to the Dallas Times, the legislature extends over $500 million in new funding to CPS and the foster care system, and part of that funding may be available to people dealing with cases related to CPS. If you are facing a CPS-related legal issue, review these facts and consider consulting with a lawyer.

Relatives may receive compensation

Prior to the passage of new legislation, adults fostering children had to complete licensure requirements in order to receive compensation. Under new standards, however, relatives such as grandparents may be eligible to receive half of the minimum payment for fostering if they do not exceed maximum income limits. This makes it easier for relatives to transition into the role of caregiver for kids who are in need.

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How does military service affect child custody in Texas?

 Posted on July 08, 2017 in Uncategorized

Being a military parent is difficult on family life. You may miss important milestones in your children's lives or have a hard time establishing a strong relationship when you are gone so often.

Divorce only compounds the problem, making it even harder to spend time with your kids when you can. It also adds complexity to child custody. Before you work out an agreement with your ex-spouse, be familiar with Texas law on military service and custody to ensure you do what is fair for both you and your children.

Texas law

The state will not punish you for serving your country. On the contrary, it will protect your parental rights, because having a connection with your children will benefit them in the long run. When you divorce, the court will use the same factors to determine custody and visitation as it does for parents who are not in the military.

Deployment

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3 reasons military couples should divorce through mediation

 Posted on June 13, 2017 in Uncategorized

Divorce is a complicated and painful process for anyone, but many of the challenges are often exacerbated for military families. If you are going through a military divorce, you are facing unique legal issues and personal difficulties. You may be wondering how you are going to get through the separation in one piece.

One route you should consider is mediation. Mediation is a viable divorce alternative that benefits military families in multiple ways. Continue reading for the top reasons you might want to consider mediating your divorce.

1. Timely

Mediation is often a much timelier process than litigation. The right mediator can help you resolve your case within a few weeks or months. This is especially helpful for an active military member who is waiting for deployment. Ongoing mediation can also take place for a deployed military member via conference calls or video chatting software.

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