Posted on December 26, 2019 in Child Custody

There’s been a very public and highly-charged custody case going on in Texas regarding a transgender child that has conservative lawmakers and action groups in an uproar. We’ve discussed the many twists and turns in this case before — but a new incident has now thrown the case back into the spotlight prematurely — and illustrates some of the dangers of trying a custody case in modern times.

Dallas County Judge Kim Cooks presided over a trial by jury in the custody case a few months ago. In that trial, the father of the child, who was assigned male at birth but identifies as female, demanded full custody of the child. He claimed that his wife was forcing the child to identify as a girl and wanted to emasculate him. The jury agreed that one parent should have full custody — but said it should be the child’s mother, instead.

Judge Cooks disregarded the jury’s recommendation and left the current custody order in place — which gave both parents equal say in their child’s life. Some speculated that political pressure from higher up may have influenced her decision — since it is highly unusual to just ignore a jury’s decision.

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 Posted on December 16, 2019 in Child Custody

For divorcing parents, their No. 1 concern about “what happens next” is usually focused around the children. Many parents want to know how to win their custody case and are looking for reassurance that they can succeed.

Let’s talk about what you can do to improve your chances of doing just that. Here are some of the things you need to do:

1. Define what “winning” means for your situation

The ultimate goal should be making certain that your children are safe and have everything they need to thrive and be happy. In most cases, that means having a good relationship with both their parents. You may need to revise your approach to the custody situation and realize that “winning” doesn’t necessarily mean “exclusive custody.”

2. Be cooperative about parenting

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 Posted on December 13, 2019 in Divorce

The holiday season tends to put a lot of things about your familial relationships into sharp focus — particularly when those relationships leave something to be desired. Although people seldom disrupt the holiday celebrations by filing for divorce without a triggering event, it isn’t unusual for someone to quietly harbor a sense that it’s time to end their marriage and move on.

In fact, it happens all the time. According to at least one recent survey, there’s a spike in the divorce rate by about one-third immediately after the Christmas season is over.

Why? Well, turn on the Hallmark Channel or Netflix and take a look. Watch the ads you see on television. People are bombarded with images of happy family life and well-matched couples who are deeply in love. Given the financial and time constraints of the season, it’s easy to become frustrated in real life when that life doesn’t match up to the ideals that you’re being told exist — or the ones that you have in your head about what a marriage should be like.

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 Posted on December 11, 2019 in Firm News

Now that you have divorced, it may seem like the only people who invite you to holiday get-togethers are happily married couples, and you decline because you would feel like the odd person out.

There is also the loneliness factor to manage. How can you rise above it and get a grip on your bah-humbug attitude?

Holidays and stress

While married, you probably looked forward to the holidays, especially if you have children. However, there was so much to do and so much expected of you that even then, the holidays may have left you feeling stressed out. Now that you are divorced or are in the process of ending your marriage, the amount of stress seems to have doubled. You no longer have the support of family around you, and the holidays have taken on a whole different aspect.

More misery

Some divorced people think of themselves as failures. They see smiling couples who appear to be very happy, which adds to their feelings of inadequacy. They cling to the pain of the past and make no attempt to move forward. This includes trying to recreate family traditions around the holidays that no longer work the way they used to.

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 Posted on December 06, 2019 in Family Law

Money disputes can be among the biggest conflicts in a marriage, so a lot of couples are opting to keep separate bank accounts in addition to a “household” account that’s jointly owned and used to pay the bills. That way, each spouse retains control over their own money and a certain measure of financial autonomy from the other spouse.

Except that distinction between what is “yours” and what is “your spouse’s” may not really exist once you decide to divorce. That fact can be an unpleasant surprise — particularly to the spouse who was more fiscally conservative or invested wisely. Separate bank accounts during your marriage may provide the illusion of separate funds — but the money that’s in those accounts may be considered marital property by the court.

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 Posted on November 29, 2019 in Divorce

Movies help people relax and take their minds off their woes, so why would you want to watch a movie about a divorce when you’re already going through one?

Since you’re “outside looking in,” you can see things a little more clearly than the characters in the film. When the film relates back to your own life, that’s a new way to gain some perspective on your situation. Besides, when you’re going through a divorce, the last thing you may feel like watching is another romantic comedy on the Hallmark channel.

Here’s what to watch instead:

“Marriage Story“

The latest in its genre, this movie hits the little screen on December 6. It takes a funny, romantic, realistic and worthwhile look at what happens after the marriage ends in a divorce.

“The First Wives Club“

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 Posted on November 21, 2019 in Family Law

Being the parent of a special needs child can be daunting and lonely. It may often feel like nobody quite understands exactly what struggles you’re going through — nor do they understand your fears for your child’s future. After all, children with special needs eventually become adults with special needs.

In Texas, it’s important to understand that child support does not necessarily end once a special-needs child turns 18 years of age. In fact, the obligation your ex-spouse has to pay child support may continue for as long as your child is alive.

When deciding whether or not child support should continue past a dependent’s 18th birthday, the court may consider whatever evidence it thinks is relevant. You may be able to show that your child needs things like:

• Medical supplies or treatment that isn’t covered by insurance
• Therapy, including behavioral therapy, speech therapy, occupational therapy and more
• Specialized transportation, including a modified vehicle

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 Posted on November 13, 2019 in Child Custody

Texas has captured the nation’s attention — albeit involuntarily — when it comes to the rights of transgender children due to a custody case that has been setting the tone for what can happen when two parents disagree very deeply on what’s best for their child.

At issue is the gender-identity of one 7-year-old child. Although biologically male, the child’s mother asserts that the child has identified as a girl since the age of 5 — and her gender expression was already evident well before then. In her corner, she has the testimony of family members, physicians, school staff members and a jury’s decision granting her full custody of the child.

Standing opposed is the child’s father. He insists that the child is a boy — no matter what anybody else says. His refusal to accommodate the child’s gender expression and insistence that the child should wear masculine clothing and answer to a masculine name has cost him custody in a civil trial before a jury.

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 Posted on November 13, 2019 in Firm News

If you are contemplating divorce, you likely have a million things on your mind, but you should not have to worry about losing your fair share of marital wealth. After all, Texas law requires spouses to divide marital assets based upon what is just and right.

Unfortunately, divorcing spouses are not always honest about marital property. If you suspect your spouse of hiding assets, you likely want to add a forensic accountant to your divorce team. Furthermore, you may want to watch for evidence that your spouse is not being honest about marital property. While there are many places an unscrupulous spouse may try to hide marital wealth in the leadup to a divorce, here are three common ones:

1. Business investments

Your partner may have his or her own business. If the company is a separate property, your spouse may attempt to transfer marital wealth into the operation. If you do not catch the deception, it may diminish the amount you receive as part of your divorce settlement.

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 Posted on November 05, 2019 in Child Custody

After a divorce, it isn’t uncommon for parents to end up some distance from each other. One parent may be pursuing a career to make life better for his or her children while the other parent thinks that it is more important to stick close to family, friends and other sources of support. Naturally, parents who are a distance from their children worry that they’re going to lose those precious parent-child bonds.

It doesn’t have to be that way. Even if a parent is going to be at a distance from their kids most of the year, there are ways to manage the situation. Plans can even be written into your custody agreement to offer reassurance, provide guidelines for behavior and settle visitation disputes.

Here are some of the questions you should discuss with your attorney when planning for long-distance visitation with your child in a custody plan:

1. Who will do the traveling? If the child will travel to the other parent’s home, at what age do you and the other parent agree that the child can travel alone? It’s better to clarify that issue before a problematic incident occurs.

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