Posted on September 11, 2023 in Children and Divorce

A Suit Affecting the Parent-Child Relationship (SAPCR) is a legal proceeding used to establish, change, or enforce child custody and support orders in Texas. If you have a SAPCR order and your circumstances have changed, you may need to change the order.

If you are considering changing a child custody order, it is important to remember that the court's goal is to do what is best for the child. Having an experienced family law attorney can help you file a petition, serve the other parent, and represent you at the hearing.

How Do I Modify the Child Custody Order?

To change a child custody order in Texas, you must show that there has been a significant change in circumstances that affects your child. Some common grounds for change include:

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 Posted on September 05, 2023 in Family Law

Divorce is a difficult and emotional process, no matter where you live. In Texas, there are two main ways to go about getting a divorce: mediation and litigation.

Mediation is a process in which a neutral third party, called a mediator, helps two people agree on the terms of their divorce. This option is typically less expensive and time-consuming than litigation, and it can help to preserve the relationship between the divorcing couple.

Litigation is the process of going to court to have a judge decide the terms of your divorce. It is more expensive and time-consuming than mediation, and it can be more emotionally draining. However, litigation may be the only option if you and your spouse cannot agree on the terms of your divorce.

If you are considering the pros and cons of mediation versus litigation, it may be time to consult a divorce attorney. A Texas attorney can help navigate the complexities of divorce and help offer a solution on how best to come to terms.

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 Posted on August 30, 2023 in Child Support

Under Texas law, every parent has a legal responsibility to provide financial support to meet their child’s basic needs. If the parents do not live together, then the non-custodial parent (the parent whom the child does not live with physically) is ordered to pay the custodial parent (the parent the child does live with) child support to help cover the child’s needs. 

Unfortunately, some non-custodial parents think they should not have to pay their ex-partner any money – despite being court-ordered to do so – and will refuse to pay. There are even situations where a noncustodial parent will quit their job just to avoid paying. However, a new Texas law will penalize parents who do not pay child support. If your ex refuses to pay child support, a Texas family law attorney can help.

How Is Child Support Determined?

Although many noncustodial parents feel that the amount of child support they have been ordered to pay is unfair, the actual amount is based on their income using a formula set by the state. The court will calculate the parent’s net income. The amount the parent will pay is a percentage of that income and that percentage is set based on how many children are covered under the court order. For one child, the amount is 20 percent. An additional five percent is added on for each additional child, (i.e., 25 percent for two children).

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 Posted on August 21, 2023 in Uncategorized

While it may not seem like the most romantic thing a couple should do – in fact, it may seem counter-intuitive – one of the most important items an engaged couple should have on their wedding to-do list is to have a prenuptial agreement drawn up by a Texas family lawyer. Although the purpose of a prenup is to address what will happen to the couple’s assets should they divorce, it can actually add a positive aspect to the couple’s relationship.

Benefits of a Prenup

Honest Discussions

One of the most common reasons couples cite for divorcing is disagreements over finances. Unfortunately, many couples get caught up in the “romantic” side of dating, that they often do not learn what their partner’s attitude is when it comes to saving and spending until after they say, “I do.” This is especially true for couples who do not live together before getting married.

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 Posted on August 13, 2023 in Co-parenting

Many divorced parents can attest that one of the most emotional parts of a divorce is often what type of child custody order the court issues. Over the past few decades, child custody has evolved to include a much greater emphasis on shared parenting instead of sole custody with limited visitation for the other non-custodial parent. While the courts do recognize that it is usually in the best interest of the child for both parents to be actively involved in raising that child, there are situations where the court will instead award sole custody to one parent.

Child Custody in Texas

Under Texas family law, child custody is referred to as “conservatorship.” One type of conservator is joint managing conservator. This is when both parents share significant decisions about the child, including healthcare, education, and religion. The court will also include a possession order which states how much parenting time each parent will have with the child.

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 Posted on August 06, 2023 in Personal Injury

If you have been injured in an accident and have scheduled your first meeting with a personal injury attorney, you may be unsure of what information you should bring with you. In order for us to understand the full extent of the accident and your injuries, as well as provide you with a thorough case evaluation, you should bring as much information as you can. The following is a list of what that information should include.

Documents About the Accident

Make sure to bring all documentation you have of the accident, such as police reports, accident reports, and any letters or emails you have gotten from insurance companies. It is important to give your attorney the contact information of the other party or parties, as well as any witnesses to the accident. You should also bring your auto insurance policy documents with you. These documents can help your attorney understand your coverage and limitations.

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 Posted on July 24, 2023 in Divorce

Over the past several years, there have been a number of online companies that have popped up, touting the idea of do-it-yourself (DIY) divorces. You can purchase all of the legal form templates from the company, fill them out, and mail them to the court that oversees family law cases in the county you live in. While this may seem like an easy, attractive, and inexpensive idea, the reality of divorce is often anything but simple. Even the friendliest of divorces can suddenly turn acrimonious when issues of child custody or divorce finances need to be addressed.

One of the significant dangers of a DIY divorce is the absence of professional legal advice. An attorney can provide invaluable guidance, explaining your rights and responsibilities, helping you understand the potential consequences of your decisions, and offering strategies to achieve the best outcome for your specific circumstances. The following are some of the reasons why a DIY may not be a good idea for your situation.

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 Posted on July 18, 2023 in Children and Divorce

Divorce can be a challenging and emotionally charged experience, especially when children are involved. Maintaining a close relationship with your children is paramount, but going from having your children with you every day to a parenting time schedule can present a major set of challenges. Fortunately, thanks to advancements in technology, video communication has become a powerful tool for parents to stay connected with their children even when they are physically apart. The following are some of the benefits of including video communication as part of your parenting plan.

Face-to-Face Interaction

Video communication allows parents and children to see each other's faces and expressions, providing a sense of connection that cannot be reached through phone calls or text messages alone. Seeing each other's smiles, tears, and laughter helps to bridge the physical distance and maintain a deeper emotional bond.

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 Posted on July 13, 2023 in Divorce

Going through a divorce at any age can be emotionally and financially challenging, but older couples face unique complexities and obstacles as they dissolve their marriage. This is often referred to as a “gray divorce” – one that involves couples who are 50 years of age or older. As the couple navigates the emotional, financial, and legal aspects of divorce, they will likely encounter one or more of the following challenges. Since couples between the ages of 50 to 64 currently have the highest rate of divorce in the U.S., it is important to be aware of all potential challenges before filing.

Financial Uncertainty

The financial impact of divorce can affect anyone, but is often a primary concern for couples involved in a gray divorce, especially if the couple has been married for many years. They may have spent decades together, building retirement savings, investments, properties, and other joint assets. The division of the marital estate – and the distribution of these assets – can be complex, especially when addressing pensions and retirement funds.

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 Posted on July 07, 2023 in Uncategorized

In Texas, establishments such as bars, restaurants, and clubs, can be held legally accountable for the consequences of serving alcohol to visibly intoxicated individuals or minors who subsequently cause accidents that result in injuries or death to others. The following is a brief overview of the law. If you have been injured by a drunk driver, contact a Texas personal injury attorney for legal assistance.

Liability

Under the Texas Dram Shop Law, establishments that serve alcohol can be held liable for the actions of an intoxicated person if they continue to serve alcohol to that individual when it is clear that that person poses a danger to themselves or others. The purpose of the law is to prevent serving alcohol to those who are already visibly intoxicated.

The law places importance on the concept of visible intoxication, which refers to clear signs of impairment that would be evident to a reasonable person. It is not necessary for the individual to have a high blood alcohol concentration; rather, the focus is on their behavior, speech, coordination, and other observable signs of intoxication.

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