Posted on March 07, 2018 in Divorce

If you’re in the middle of a divorce, you may be tempted to build a blanket fort and hide until it’s all over — but you can’t. It’s time to deal with the situation like a grownup.

What does that mean? Experts suggest taking the following approach to life during divorce:

1. Learn to exert impulse control.

This idea covers a lot of problem behaviors that people fall into during tough times — behaviors that can only end up hurting you. Put any self-destructive impulses you have in check for the duration and avoid the following things:

• Don’t go wild with your credit cards. That debt will haunt you long after the divorce itself is over.
• Don’t ignore your bills. You will need all that credit in the future as you start over. Make yourself deal with the bills in a timely fashion.
• Don’t quit your job. This could destroy your chance at child custody because you can’t supply a stable home without a stable income.

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 Posted on February 28, 2018 in Child Custody

International custody battles are heartbreaking affairs. They often pit parents against foreign governmental systems they don’t quite understand as they fight for the return of children illegally taken overseas during custody fights.

However, a Texas resident has hope that his ordeal may soon be over. The man has been in a brutal custody battle with his former wife over their young son for five long years.

The Texan granted his consent for his ex to travel to Brazil, her native country, with their son for a wedding in 2013. She was supposed to return with the boy less than three weeks later. She didn’t.

The Federal Bureau of Investigation (FBI), which overseas cases involving international child abductions, has since determined that the child’s mother never intended to return — and that her parents assisted with the kidnapping.

Despite a Texas court’s order that the child’s residence couldn’t be changed without the court’s consent and a shared custody order, the mother enrolled her child in a Brazilian school two months before she left this country for the alleged wedding. She then found employment with the same school, which her own mother has ties to, a month later.

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 Posted on February 22, 2018 in Blog

If you are a married Texas resident contemplating divorce, both you and your spouse, regardless of your issues and disagreements, no doubt dread the prospect of having to go through a lengthy, costly and possibly ugly court battle. You will be pleased and relieved to know that this is not necessary, and you have other divorce options open to you. Mediation is one of them.

As a matter of fact, most Texas courts will require you and your spouse to attempt mediation, especially if you have children, before you can go to court and obtain your divorce. While mediation does not work for all divorcing couples, it entails a much more amicable approach to divorce and costs substantially less than a litigated divorce. The American Bar Association says that a mediated divorce typically costs 40-60 percent less than a traditional divorce.

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 Posted on February 21, 2018 in Family Law

Are you still considering whether or not you want to ask your spouse for a prenuptial agreement? Most prenuptial agreements are focused on what happens if you divorce. That makes the process simpler.

However, some are partially focused on what happens inside the marriage itself. If you’re concerned about preserving the tenor of your current relationship with your intended, a lifestyle clause might do it.

All marriages can be said to be a contract. Each person enters into the relationship with an idea about what his or her role will be, what rules make the foundation of the relationship and what behavior is expected. Essentially, lifestyle clauses help set those expectations in writing.

They’re controversial. Some people see lifestyle clauses as being too controlling, but they can also make it clear what would make your spouse start to think about divorce.

What do lifestyle clauses include? Fidelity clauses are common, but there’s really no limit. Some of those used by the rich and famous include things like what religion the children will be raised in, how much a partner is allowed to weigh and how often the in-laws can visit.

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 Posted on February 13, 2018 in Child Custody

Child custody laws in Texas are a little different than in many other states. If you’re approaching a divorce and you have children, it’s helpful to understand the language — and the law — before you go into court.

This is what you should know:

Custody is called a child conservatorship

Texas uses the somewhat unique term “conservatorship” when discussing child custody. A parent can ask for either joint or sole conservatorship, just like he or she could ask for joint or sole custody.

A conservator has specific rights

If you and your spouse are awarded joint conservatorship, you’ll both have the same rights. This includes equal access to information about the child’s education and health and the right to be included on any decisions or discussions regarding those subjects. A parent with sole conservatorship doesn’t have to involve the other parent in those decisions.

The state presumes both parents should be conservators

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 Posted on February 09, 2018 in Family Law

If you’re in the middle of a child custody battle, you’re bound to have a lot of anxiety about your upcoming hearing before the family court judge.

Here are some tips that can help you get through the encounter with ease:

1. Remember that this is about the well-being of your child. That means the judge isn’t interested in anything that doesn’t directly affect your child’s welfare. Your ex may, in fact, be a terrible person — but if he or she is a good provider and a capable parent, his or her other shortcomings don’t matter. Don’t bring up any ancient history or anything that doesn’t directly pertain to your child’s welfare. You’ll only appear vindictive and risk irritating the judge.

2. Don’t exaggerate or lie. You’ll be asked to fill out a lot of paperwork for the judge to review and may be asked more questions once you’re in court. Be brief in your responses and stick to the facts. Don’t make allegations you can’t prove — otherwise, you may find yourself put on the spot when the judge demands evidence.

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 Posted on January 31, 2018 in Child Custody

A shared custody and parenting plan may sound like a nightmare when you first hear about it — after all, you’re divorcing your spouse. The last thing you probably want to think about is having to continue sharing the decision-making about your children with your spouse for the next seventeen or eighteen years.

However, shared parenting is becoming the norm. That means that it’s time to look on the bright side of divorce and see the benefits that shared parenting can bring:

1. You don’t have to always be the bad guy

You’ve heard of “Disney Dads” and “Disney Moms” who only show up for their bi-weekly visits, have a great time taking the kids to the zoo, the park or on vacation — and then stick the primary parent with all the heavy responsibilities like setting a curfew and leveling penalties for missed schoolwork and bad behavior.

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 Posted on January 29, 2018 in Blog

You and your child have maintained a close relationship since the divorce, even though you do not get to spend as much time together as you used to. Now, though, your ex is talking about moving out of Texas and taking your child with her.

Is there anything you can do about it?

File a motion opposing the relocation

A hearing before a judge is a crucial factor in preventing your child’s relocation. You want this hearing because the court system takes the best interest of your child to heart. In Texas, this typically means making sure you have adequate time to spend with your child.

Consequently, a judge will often determine that a move that takes your child out of the geographical region set in the court order should result in a custody change that favors you rather than your former spouse. The judge who oversees the hearing can make a difference, though, as her or his views on geographic restrictions can vary.

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 Posted on January 23, 2018 in Divorce

Are you splitting with your spouse?

It may not be that easy, especially if your spouse isn’t exactly happy about the prospect of dividing up the family assets — or even the idea of letting you go. You may physically leave your spouse and still remain tethered by invisible electronic ties that your spouse has installed all around you.

Feel creeped out? You and a lot of other people have good reason to be. It’s becoming increasingly common for someone to turn to technology in order to stalk or spy on a spouse that’s leaving.

The statistics tell the story. While 1.5 percent of adults in this country are victims of stalking, that figure jumps to more than double the national norm for couples in fragmented marital relationships.

If your spouse is determined to spy on you, he or she could resort to a GPS tracking device on your car. Or, he or she might just download spyware onto your smartphone. Since it probably goes where you go, your spouse can then track your location and peek into your emails, texts and phone calls all at once.

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 Posted on January 19, 2018 in Divorce

There’s a saying that, “when one door closes, another opens.” However, for someone going through a divorce, it usually feels like all the doors are slamming shut at once.

Divorce can destroy any sense of calmness or peace that you have — and it’s easy to get angry or even bitter. Unfortunately, anger and bitterness can also lead you to mistakes. Here are some important ones to avoid:

• Don’t try to interpret everything you read on the internet. There are thousands of articles out there about divorce — but each case is unique. There’s no online guideline to your divorce. By the same token, don’t listen to your relatives over your attorney, either. None of their experiences with divorce are exactly the same as yours.
• Don’t trust your divorce case to the first attorney whose name you see. Do your research and make sure that the attorney you choose is the right one for you.

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