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When Do Texas Courts Award Sole Custody?

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Dallas, TX custody lawyerMany 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.

Another type of conservator is sole managing conservator. This is when the court  grants one parent the primary rights and responsibilities for making those significant decisions concerning the child's upbringing. Although the non-custodial parent may have input in these decisions, the custodial parent has the final say. In this type of custody situation, the non-custodial parent is referred to as a possessory conservator.

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Dallas, TX personal injury lawyerIf 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.

All Records of Communication

It is highly recommended that you should not speak to the other party or their insurance company before speaking to an attorney. However, if you have had any communication with any insurance companies or the other party, you should bring this information to give to your attorney.

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Why DIY Divorces Are Often a Bad Idea

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Dallas, TX divorce lawyerOver 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.

Legal Complexity

As mentioned above, divorce involves numerous legal intricacies. In addition to child custody, there are also often issues of division of assets, child support,  and spousal support. Navigating the legal system without proper knowledge and expertise can lead to costly mistakes and oversights that may have long-term consequences on your and your children’s personal and financial future.

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Dallas, TX divorce lawyerDivorce 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.

Regular Communication

Video communication provides the opportunity for parents and children to have more frequent communication. Even if you live far apart, you can set up a schedule for video chats that will work for both households, ensuring that you are consistently present in your child's life and maintaining a sense of routine.

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Dallas, TX grey divorce attorneyGoing 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.

Gray divorce can have a serious impact on retirement plans and may require reevaluating those plans, adjusting expectations, and setting new goals.

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