Posted on February 15, 2024 in Divorce

You likely share moments on your social media, like memories, locations, thoughts, and more, across various apps and websites. However, this oversharing can have unintended consequences, especially for those going through a divorce. Social media activity is being introduced as evidence in divorce cases more frequently, impacting negotiations, asset division, custody agreements, and more. A San Antonio, TX divorce lawyer can help you figure out how social media may impact your specific case.

What Gets Posted Online Can Be Used Against You

You likely know that social media posts can come back to haunt you when applying for jobs or running for office. The same goes for divorce proceedings. Any photos, videos, messages, posts, or other online interactions can potentially be obtained and presented in court by either party. Digital forensics can also uncover content you may have deleted.

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 Posted on January 25, 2024 in Family Law

If you have been fostering a child and are interested in adoption, you likely have questions about when you can legally adopt your foster child. There are several factors that impact the timeline for adoption of a foster child. A Texas family law attorney can help see the potential in your case and how you may be able to move forward.

Meeting Basic Eligibility Requirements

Before a foster family can adopt a child they have been fostering, they must meet certain eligibility criteria. These include being at least 21 years old, financially and emotionally capable of caring for the child, completing required training programs, and passing background checks and home inspections. If the foster family does not meet these baseline requirements, they will not be able to adopt the foster child.

Length of Time Fostering the Child

In Texas, there are no set timelines dictating how long a family must foster a child before adopting him or her. However, generally, Child Protective Services aims to place foster children with families who might provide a permanent home, either through adoption or permanent managing conservatorship. The longer a family fosters a child, the better sense CPS will have around the suitability and emotional bond between the foster family and child. While there is no formal minimum, most adoptions of foster children in Texas take place only after the child has lived with a family for 12 months or longer.

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 Posted on January 10, 2024 in Fathers' Rights

Over recent decades, Texas legislation has reflected growing equality between parental rights regardless of gender. However, in practice, fathers still face bias risks and unique hurdles around establishing and retaining relationships with children through separation or divorce. Understanding key factors of the law and navigating the tricky timeline with a Texas child custody attorney can help fathers best protect their rights and access.

No Explicit Custody Preference Between Parents

Long gone are outdated formal assumptions in Texas law granting mothers inherent preference over fathers as “naturally better caregivers” for deciding custody. The overarching legal standard governing decisions today aims to determine parenting plans and custody arrangements purely per children’s best developmental interests, regardless of gender.

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 Posted on December 22, 2023 in Family Law

When an adoption is finalized, all legal parental rights transfer fully to the adoptive parents as outlined in court orders. However, biological parents may still try to insert themselves into the child’s life afterward, potentially causing confusion and disruption. Handling this sensitive situation properly is key to preserving adoption rights. A Texas family law lawyer can help you if you find yourself in this situation.

Reiterate the Adoption Order’s Custody Transfer

If the biological parent attempts contact, politely reference the adoption order showing that as the legal parents, only you have the authority to make decisions related to visitation, information access, medical care, education, and similar issues. Explain further contact attempts violate the order. Then state you will pursue formal cease and desist measures if the behavior continues. Re-establishing proper custody boundaries may deter further oversteps.

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 Posted on December 11, 2023 in Divorce

Going through a divorce is difficult enough emotionally. But when a lot of money in assets accumulated over a long marriage enters the equation, the financial complexities and stakes intensify tremendously. You deserve to be prepared, and a Texas lawyer can help.

Understanding the Complexities

High-net-worth divorces involve additional complexities and higher stakes compared to standard proceedings. With significant marital assets like businesses, investments, luxury real estate, retirement accounts, expensive collections, and similar in play, it becomes critical to have an attorney well-versed in protecting and pursuing complex financial assets. Be prepared for disputes on asset valuation and creative attempts to hide wealth. While it can be complex to deal with, it is beneficial to be prepared.

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 Posted on November 28, 2023 in Divorce

Having child support withheld can create major financial stress and hurt a child’s well-being. If your child’s other parent is violating a support order issued by a Texas court, take action to enforce it. A Texas lawyer can help you fight for the child support you are owed.

File for Enforcement

You have legal options if child support is not paid. File a motion with the court that issued the support order requesting enforcement. Include payment history showing nonpayment and ask that payments be deducted from the parent’s paycheck or other sources.

Request a Contempt Order

Ask the court to hold the nonpaying parent in contempt for disobeying a court order. This can result in fines or jail time until compliance. A contempt finding also goes on their record, which can impact future child-related proceedings.

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 Posted on November 07, 2023 in Child Custody

When couples divorce, one of the most difficult issues they face is agreeing on a child custody arrangement. It is stressful enough navigating a separation, and when you and your spouse strongly disagree on who gets custodial rights, the process can become extremely overwhelming. A Texas lawyer can help you through the process so custody will be in the best interest of everyone, but more importantly, the children involved. There are steps you can take to resolve the custody dispute in your child’s best interests.

Try Mediation First

The courts will order you and your spouse to attempt mediation before taking the custody issue to trial. Mediation provides a chance to work through differences with the guidance of a trained, neutral third party. Make sure you go prepared by:

• Considering your child’s needs above all else.

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 Posted on October 24, 2023 in Family Law

In Texas adoptions, the birth father’s legal rights heavily influence his ability to contest and potentially block an adoption. The specific laws can vary depending on whether the birth father was married or unmarried to the birth mother. Understanding the differences is vital. A Texas lawyer can help you figure out your rights.

Rights of Married Birth Fathers

If a child is born to legally married parents in Texas, consent of both the mother and father is required for adoption to proceed. However, there are potential grounds for terminating a married father’s parental rights against his wishes, such as:

• Abandonment of the child for over six months
• Child or spousal abuse and family violence criminal convictions

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 Posted on October 06, 2023 in Divorce

Texas law takes a restrictive approach to awarding spousal maintenance or alimony after a divorce compared to other states. Permanent lifetime alimony used to be extremely rare. However, recent legislative changes have made it possible for some spouses in Texas to obtain longer term spousal support in certain circumstances. A Texas lawyer can help you determine if this is the best option for your situation.

Spousal Maintenance in Texas

The Texas Family Code provides for court-ordered spousal maintenance payments in some divorces to help provide financial support for an ex-spouse transitioning to self-sufficiency. Possible scenarios include temporary support ordered during divorce proceedings, short-term rehabilitative maintenance, contractual alimony agreed to mutually by the spouses in a settlement, and ongoing maintenance ordered by the judge after the divorce is finalized.

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 Posted on September 18, 2023 in Divorce

Life can take unexpected twists and turns and it is important to be ready for them. The last thing you may ever have thought you would need to address is what to do if your partner passes away during your divorce. But if your partner is currently suffering from a chronic illness, this event may not seem so far away. 

If you are facing the prospect of a partner who has passed on in the middle of the divorce process, it is important to be well-informed. We suggest you contact a lawyer who can answer your questions and concerns. At Brandon Wong & Associates, you can rest assured that you are in good hands. We make every effort to establish a welcoming atmosphere where all questions are treated with concern and care and will handle your case with the sensitivity it deserves.

What is the Next Step After the Death of a Partner During Divorce?

Having your partner die during your divorce is certainly unusual, but the law in the Lone Star State dictates what should happen next on these rare occasions. According to Texas state law, if one partner passes away before the case is resolved, the divorce is dismissed. This means that the case will not proceed in court. Instead, a lawyer will officially report that their client has died. The living partner will then be viewed as a widowed individual rather than someone who went through the divorce process.

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