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What Do I Need to Do if I Want to Move With My Child After a Divorce in Texas? 

 Posted on January 20, 2022 in Family Law

North Texas Family Law AttorneyEvery year, more children in the United States are the product of divorced or never-married parents. Over time, Texas law has been updated to reflect the realities of modern family life, becoming more flexible and allowing unmarried co-parents to make arrangements that work for their family. One common consequence of having unmarried parents is the likelihood that one parent will want to move away from the other and take their child with them. But when a parent wants to move and he or she shares custody of a child with another adult, Texas law has certain requirements to protect the best interests of the child. 

What Are the Best Interests of a Child? 

Whenever Texas courts make decisions about a child, including how time spent with each parent and important decision-making responsibilities are allocated, it makes these decisions with the child’s best interests in mind. Although several other factors are taken into consideration, the ultimate standard that must be met is whether an arrangement would be the best for a child, given the circumstances. 

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How is Money and Property Divided in a Collin County Divorce?

 Posted on December 20, 2021 in Divorce

Collin County Property Distribution AttorneyIf you are getting divorced, you probably have hundreds of questions. You may wonder how you and your soon-to-be-ex will divide the contents of your bank accounts or handle ownership of the family vehicles. You may question who will keep the marital home, furniture, and other tangible property. You may also have business interests, investments, and retirement accounts that will need to be dealt with. Property division can be a complicated and contentious issue during a Texas divorce. A divorce lawyer can help.

Marital Settlement Agreements: Determining Property Division Outside of Court

Each divorce case is different. The complexity of the property division process is largely based on the types of assets spouses’ own and their ability to reach an agreement on how to divide those assets. Some spouses are able to reach a property distribution settlement without the court’s involvement. Many negotiate a property division arrangement through their lawyers and formalize their decision in the marital settlement agreement.

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Is it Possible to Get Full Custody of a Child in Texas? 

 Posted on December 13, 2021 in Child Custody

Collin County Child Custody LawyerMany parents seek to pursue what they call “full custody” of their child in a Texas divorce or custody modification. However, Texas law actually does not use the terms “custody” or “visitation” - instead, a parent’s legal relationship with their child is split into two areas: Conservatorship, meaning the right to make decisions for the child, and possession, or time spent with the child. In our last blog, we cover Texas’s treatment of child custody in fuller detail. 

It is important to know that Texas only terminates one parent’s rights if he or she meets the grounds for termination under the Family Code - not because parents dislike each other or disagree with each others’ parenting methods. In this blog, we will examine some of the rare situations in which a parent may be able to get full parental rights that exclude the other parent. 

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How is Child Custody Determined in Texas?

 Posted on November 23, 2021 in Child Custody

North Texas Child Custody LawyerParents want what is best for their children. Whether you are an unmarried parent or a parent planning to divorce, you probably have several questions about child custody in Texas. Who your child will live with and how significant decisions about the child’s upbringing will be made are essential concerns during a Texas divorce. Read on to learn about child custody laws and what to do if you need help with child custody concerns.

Legal Custody and Physical Custody

Each state handles child custody slightly differently. In Texas, “legal custody” refers to parents’ decision-making authority. Parents with legal custody have the right to decide where their children will go to school, what type of healthcare the children receive, whether the children go to church or participate in other religious practices, and more.

Physical custody refers to where the child lives and which parent cares for the child on any given day. The Texas Family Code calls custody “conservatorship,” but the term child custody is still used informally in this blog for clarity purposes.

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3 Things To Know About Spousal Maintenance Awards in Texas

 Posted on November 03, 2021 in Divorce

Frisco Spousal Support LawyerWhether you are just thinking about divorce, or you have already filed the divorce paperwork with the court, you may understandably have questions about the divorce’s impact on your finances. Spousal maintenance can help offset the negative financial consequences of divorce. However, alimony or spousal maintenance is only available in certain circumstances. If you are interested in pursuing spousal maintenance during your divorce or you think your spouse will ask for spousal maintenance, contact a skilled divorce lawyer for help.

You May Be Able to Negotiate an Alimony Agreement

Spouses may be able to negotiate an agreement about the terms of spousal maintenance payments during the divorce process. Often, one spouse will receive certain assets in exchange for paying spousal maintenance to the other. For example, you may be able to negotiate a spousal maintenance arrangement that trades maintenance payments for business interests, stocks, or other assets.

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What to do If Your Ex is Accusing You of Family Violence

 Posted on October 21, 2021 in Family Law

Collin County Order of Protection AttorneyFamily violence or domestic violence is a very legitimate problem in Texas. Unfortunately, some people abuse the legal system by making false accusations of family violence. Whether you are going through a divorce, child custody dispute, or other family law matter, being accused of family violence can have a major impact on your case. The best thing to do when you find out you have been accused of child abuse, domestic assault, or another form of family violence is to contact a skilled family law attorney for personalized legal guidance.

Do Not Speak to or Visit the Person Accusing You of Family Violence

Being accused of something as heinous as child abuse or domestic violence is understandably shocking. If a current or former romantic partner, family member, or housemate has accused you of harming them or their children, you may be eager to defend yourself. You may want to confront the accuser and set the record straight. However, confronting the accuser is one of the worst things you can do in a situation like this.

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Your Spouse May Be Hiding Income or Assets in Your Texas Divorce

 Posted on October 13, 2021 in Divorce

Collin County Divorce LawyerWhen a couple gets married, we typically think of it as an emotional or romantic union, not a financial union. However, getting married does entangle the spouses’ finances considerably. During a divorce, the spouses’ property and debts will be divided. However, each spouse must be fully transparent about his or her assets, income, and debts in order for property division to be accurate. Some spouses try to manipulate their divorce outcome by hiding assets.  

Financial Fraud is Fraud on the Community

Texas divorce cases are subject to community property laws. This means that property acquired during the marriage is the property of both spouses. Both spouses are entitled to a portion of the marital estate during property division in a divorce – save for a few exceptions. Separate property is not divided. However, the amount of separate property a spouse owns can still influence the divorce case. Each spouse’s income and overall financial circumstances heavily influence issues like child support and alimony. Some divorcing spouses try to sway divorce issues in their favor by lying about income and assets. They may do so to gain a financial advantage or to “get revenge” on their spouse. Hiding assets in this way is considered “fraud on the community” by Texas law.

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How Can Fathers Establish Paternity in Texas?

 Posted on September 23, 2021 in Family Law

North Texas Paternity AttorneyIn Texas, when a child is born to unmarried parents, a father’s right to be involved in the child’s life is not guaranteed. If you are a father who wants custody of your children, you will need to ensure that you take the proper steps to establish legal paternity. However, there is more than one way to be recognized as a child’s legal parent, and it is important that you understand the method that is most appropriate for your situation.

Presumptions of Paternity in Texas

According to Texas law, a man is presumed to be the legal father of a child when he was previously married to the mother, and the marriage ended within 300 days of the child’s birth. If your child was born soon after your divorce from the mother, you may not need to take further action to establish paternity. However, a presumption of paternity is rebuttable if, for example, another man purports to be the biological father. It may be a good idea to consult with an attorney to see if you need to take further steps to protect your rights as a father.

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What Can I Do If I am Not Receiving Child Support in Texas?

 Posted on September 14, 2021 in Child Support

Frisco family lawyerBetween housing, groceries, extracurricular fees, and childcare expenses, raising a child can be expensive. If you are a parent, you know this first-hand. Child support payments can help an unmarried or divorced parent cover child-related costs, however, getting the child support you need and deserve is not always easy. If you are not currently receiving any financial support from your child’s other parent, you should know that there are steps you can take to establish child support or enforce your current child support order. An experienced family law attorney can help.

Make Sure You Have an Official Child Support Order

In an ideal world, every parent would do his or her share to ensure that his or her child’s financial needs were met. In reality, many parents try to avoid child support. This is why it is important for every parent to obtain a formal child support order from the court. If you and your child’s other parent had a verbal agreement about how much money he or she would pay you each month, the state does not have any authority to recover the past-due payments from the other parent.

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How to Determine the Value of a Business for a Texas Divorce

 Posted on September 02, 2021 in Divorce

Frisco High-Asset Divorce AttorneyWhen you are going through a divorce, all of the financial assets you acquired throughout your marriage can be affected by the division of marital property. This can be especially concerning to business owners, who may be at risk of losing their business, or at least a substantial share of it. If you have business assets to divide in your divorce, it is important to work with an experienced attorney who can help you protect them as much as possible.

One important step in determining how a business will be handled in a Texas divorce is obtaining a business valuation. However, different types of businesses may need to be valued in different ways, and you should be sure to understand the option that best applies to your circumstances.

Understanding Different Business Valuation Methods

Not all businesses are created equal. For the purposes of business valuation in a divorce, a publicly-traded business may need to be valued very differently from a closely-held family business, for example. Your attorney can help you work with a knowledgeable financial professional to determine the most appropriate valuation method for your business. Options include:

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