Child custody and visitation, referred to in Texas as conservatorship and possession, are almost always sensitive subjects. Children may feel tossed about and as though they have no voice if their parents are arguing over their custody. According to the Texas Family Code, at age 12, a child is mature enough to express to the Judge their preference concerning which parent will have primary … [Read more...]
Dallas Family Law Blog
What Happens When You Don’t Have a Standard Possession Schedule?
When parents cannot agree on a parenting plan, the court will hear evidence from both sides, and establish a parenting plan which establishes child custody, visitation and child support. Although there is a presumption that the Standard Possession Order (“SPO”) should be in place for all children 3 years of age or older, there are exceptions schedule depending on the unique circumstances of each … [Read more...]
What Is a Standard Possession Schedule?
In Texas, when parents divorce, one parent is commonly the one who provides the children with their primary residence. The other parent has a possession schedule. This schedule defines the time that the children will be with the parent who is not the one providing the primary residence. Amicable parents can agree on their own possession schedule for the court to approve. Many parents follow the … [Read more...]
Common Divorce Misconception: Fathers Never Get Custody of Their Children
Many people still think that courts prefer to award primary custody of the children to the mother. Although that may have been true decades ago, that is not the reality today. Traditionally, at the time when mothers stayed at home and took care of the children while the man of the house advanced his career, that may have been a natural solution when the couple split up. Now, it may be a … [Read more...]
Can I Modify My Divorce Settlement?
Divorcing couples often ask if they will later be able to modify the terms of their settlement agreement. The answer is not an easy one and is both yes and no, depending on what portion or portions of the order the person wants to modify. Petition to Modify Only the court can issue an order modifying the terms of a divorce decree. If you need a modification, you must file a petition with the … [Read more...]
What Makes a Good Divorce Lawyer?
Getting a divorce is a highly stressful life event. It helps to have an experienced divorce attorney by your side who you trust to help you make life-changing decisions involved in a divorce. Consider the following qualities as you consider your choice for a divorce attorney. What Makes a Good Divorce Attorney? Some specific qualities in a good divorce attorney are: Someone who really … [Read more...]
The Impact of Parental Alienation on a Divorce Case
Children need both parents involved in their lives. Parents who divorce and have an amicable co-parenting relationship can have a positive impact on their children. Unfortunately, this is not always the case. When one parent harbors anger at their former spouse and lets that anger show in front of the children, that anger can carry over and influence a child also to be angry at that parent. … [Read more...]
Roadblocks in a Divorce Settlement
Texas family law courts encourage divorcing couples to create their own settlement agreement. This is sometimes impossible, or at least difficult, when one or both parties encounter roadblocks that prevent them from resolving the issues necessary to finalize the divorce. Common Roadblocks in a Divorce Settlement No matter whether the divorce is contested or collaborative, the personalities … [Read more...]
What is a Custody Evaluation?
When parents are unable to agree on a parenting plan in a divorce or suit affecting the parent-child relationship, the court will intervene. Some courts order a child custody evaluation by a mental health professional or social worker before deciding on how to award parenting time. But what is involved in a child custody evaluation? A custody evaluation previously was called a “social study.” … [Read more...]
Common Divorce Fears
Going through a divorce is a stressful process even if both spouses agree that a divorce is what they want. They both have fears about what their future will look like. These fears are compounded when they have children. Plus, children have their own fears when their parents are going through the divorce process. Most Common Fears of Spouses and How Collaborative Divorce Helps One of the … [Read more...]