Continue reading "What to Know About Filing for Divorce in Austin, Texas"
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]]>To file for divorce in Austin, you or your spouse must meet specific residency requirements established by Texas law. At least one spouse must have been a resident of Texas for at least six months and a resident of the county where the divorce is to be filed for at least 90 days.
Texas is a contested or uncontested divorce state. This means you can file for divorce based on specific fault grounds, such as adultery or cruelty, or on the uncontested ground of insupportability. Insupportability simply means the marriage has broken down and there is no chance of reconciliation. The majority of all Texas divorces are filed on the grounds of insupportability; however, be aware that you’ll still need to have reached a divorce settlement or the court will not accept your uncontested divorce. This settlement must include agreements on child support, custody, and visitation; alimony or spousal support (if any); and asset division.
Many people who try to file for divorce on their own find that once they start this process of negotiation on a divorce settlement that an amiable divorce quickly begins to turn adversarial. The best way to keep that from happening is always to work with an Austin, TX divorce lawyer who can help you to protect your own interests, negotiate effectively, and provide an objective, third-party perspective on what your spouse wants and whether it’s reasonable. A lawyer can help you come to a compromise and will also make sure that your divorce settlement will be acceptable to the courts.
In Austin, divorce petitions are filed with the Travis County District Clerk’s office. They can be filed in person at the courthouse or electronically via the E-File Texas system. Filing fees will apply, and these fees may vary depending on whether you have children.
The divorce petition is a formal legal document that initiates the divorce process. It outlines basic information about you, your spouse, and your marriage. If you have children, the petition will also include details regarding child custody, visitation, and child support. While Texas offers standardized divorce petition forms, working with a family law attorney can help ensure everything is completed accurately and comprehensively, even if you’re filing for an uncontested divorce. If you are filing a contested divorce, you should never attempt to file on your own. Always talk with a lawyer immediately.
After filing the divorce petition, you must formally serve your spouse with a copy of the document and a citation. This informs your spouse of the pending divorce action and provides them with the opportunity to respond. Service of process must follow the legal requirements outlined in the Texas Rules of Civil Procedure. There are several ways to serve a spouse. A process server or constable can hand-deliver the paperwork directly to your spouse, or you can send the documents by certified mail, restricted delivery, and return receipt requested.
If you are unable to locate your spouse after diligent efforts, you can petition the court to grant service by publication in a local newspaper. You have to give your spouse of minimum of 45 days notice before a divorce trial if you’re going the contested route. Once your spouse has been served, they have until the Monday following 20 days from the date they receive the papers to respond. If this is a contested divorce, you can expect them to normally deny your claims and possibly to file a counterclaim.
In Texas, there is a mandatory 60-day waiting period after filing the divorce petition before the divorce can be finalized. This waiting period is designed to provide a potential window for reconciliation. However, the waiting period can be waived in certain circumstances, such as cases of domestic violence.
In some cases, the court will order that the two parties enter into mediation to resolve their differences. Your lawyer can help you through the mediation process, whether court-ordered or voluntary. If you feel that mediation is not a viable option, perhaps because of domestic violence or worries over potential abuse of your children, your lawyer can help you petition to skip mediation and also to file restraining orders and anything else necessary to protect your safety and that of your children.
While a divorce case is pending, it may be necessary to establish temporary orders to address issues that need immediate attention. Temporary orders can, for example, define where your children will primarily live during the divorce process and establish a visitation schedule for the noncustodial parent. Temporary child support orders ensure financial support for your children while the case is ongoing.
If applicable, temporary spousal support (alimony) may be ordered to provide financial assistance to a spouse during the divorce proceedings, and temporary orders might also outline who gets to stay in the marital home and who has use of specific assets, like vehicles, during the divorce. Temporary orders are usually obtained through a temporary orders hearing, which can be held shortly after the divorce petition is filed. At this hearing, your family law attorney will present arguments and evidence in support of your proposed temporary arrangements.
In contested divorces, the discovery process is important as it allows both spouses to gather information and evidence relevant to the divorce proceedings. Discovery tools include interrogatories, which are written questions that must be answered under oath. As part of this process, the attorneys can also formally request documents like bank statements, tax returns, property appraisals, or other records relevant to the divorce. Discovery might also include depositions, which are sworn, in-person testimony from a witness or a party to the divorce.
Once all issues are resolved – either through agreement in an uncontested divorce or by court order in a contested case – the judge will issue a final divorce decree. This decree legally dissolves the marriage and outlines the final terms regarding things like property division, child custody, support and visitation, and spousal maintenance, if awarded.
If you are considering filing for divorce in Austin, TX, the most important first step is to consult with an experienced divorce lawyer. An attorney will provide you with personalized guidance, explain your legal options and responsibilities, ensure you file in the right way and with the right court, assist you in negotiations, discovery, and in obtaining temporary orders if needed, help you with mediation, and get your case through divorce court if needed.
At The Eggleston Law Firm, PC, we understand the challenges of divorce and how alone clients can feel during this difficult time. If you are considering divorce or need legal assistance with any family law matter, contact us today at The Eggleston Law Firm, PC in Austin, TX today for help.
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]]>Continue reading "The Role of a Family Law Attorney in Divorce Mediation"
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]]>Divorce mediation involves the two parties coming together through the help of a neutral, third-party mediator who facilitates discussions and negotiations. A Texas family law attorney has an extensive understanding of the state’s mediation process, including any specific rules or procedures in the county where the divorce is filed. The attorney explains these rules to you to ensure a smooth, productive experience. This empowers you to actively participate and make informed decisions along the way.
One of the primary roles of a family law attorney in divorce mediation is to educate their client about their legal rights and obligations. To do this, you may need a comprehensive explanation of Texas family law as it pertains to your divorce, including how child custody, property division, alimony, and other relevant issues might come into play. For instance, in Texas, property acquired during the marriage is considered community property and is generally divided equitably: but equitable does not mean equal. It’s not just a 50/50 split automatically, and your attorney can explain how this will likely affect you.
Divorce mediation can be a less adversarial and more cost-effective approach to resolving marital disputes in Texas than going to court, but while mediation offers several advantages, it’s important to understand that it may not be right for everyone, particularly in situations involving domestic violence or significant power imbalances. If the court has ordered you to mediation, but you have concerns of this type, your attorney can help you file a motion to waive mediation.
Preparing thoroughly for your mediation sessions is an important factor in a successful outcome. A San Antonio, TX family law attorney works closely with you to prepare you for mediation. This may include helping you:
Financial disclosure is a key aspect of divorce. An attorney helps you gather and organize financial documents like tax returns, bank statements, investment records, and pay stubs. They might also assist with valuations of assets like businesses, retirement accounts, or real estate.
An attorney will meet with you to help you formulate a strategy and goals for the mediation. This will include creating reasonable and attainable proposals for property division, child support, child custody and visitation, and potentially alimony.
A skilled attorney will help you anticipate what the other spouse’s arguments may be as well as help formulate counterarguments to ensure you’re well-prepared for any discussions.
During the mediation sessions, your attorney will use their legal expertise and negotiation skills to argue for a settlement that aligns with your interests and legal rights. This might involve proposing creative solutions to complex issues like the division of a family business or the arrangement of a parenting plan that serves the best interests of a child. The attorney’s role here is to ensure that your voice is heard and your concerns are addressed while also working towards a compromise that avoids the adversarial nature of courtroom proceedings.
Your attorney will also provide crucial legal analysis and advice throughout the mediation process. This means they’re going to review and interpret any proposed agreements, advising you on the legal implications and the potential future impact so you can make a fully informed decision. For instance, they can analyze how a proposed child support agreement aligns with Texas child support guidelines or how a spousal support arrangement might affect your long-term financial stability.
Effective communication is often challenging in the emotionally charged atmosphere of a divorce, and an attorney can often help to facilitate clear and productive communication. They can articulate your position clearly, objectively, and in a way that is constructive and focused on resolution rather than confrontation. This role is particularly important in cases where there is a significant power imbalance between the spouses or in high-conflict situations.
A critical aspect of your attorney’s role in divorce mediation is to ensure that any settlement you’re thinking about is fair and equitable. Your attorney will assess the proposed settlement terms, considering factors such as the length of your marriage, each party’s financial contributions, and your future earning potential. This is all vital in preventing one-sided agreements that might favor one party over the other, especially in situations where there is a disparity in financial knowledge or negotiating power.
If mediation results in a successful outcome, the next step will be drafting a legally binding agreement. Your lawyer will work with the lawyer of your soon-to-be ex-spouse to draft a comprehensive mediation agreement that outlines all the terms agreed upon, is legal under Texas law, and is fair to all parties. Some specifics that are often included in these mediation agreements include:
These agreements often carefully outline the division of all marital assets, including real estate, vehicles, bank accounts, retirement plans, and any other jointly owned property. Additionally, they address the allocation of marital debts: who pays what and when, and who is ultimately responsible for which debts.
Where relevant, the mediation agreement will detail the legal and physical custody arrangements for any children of the marriage. The agreement will outline visitation schedules that align with the child’s best interest, and this is very important for getting the Texas family courts to sign off on the order.
It’s crucial to have an attorney who can tell you if the court will raise any concerns about your plan. While the Texas courts favor allowing families to make their own decisions about what’s best for them, they will step in if there appears to be any part of the agreement that is not in the best interests of the child.
Once drafted, the attorney will review the mediation agreement thoroughly with you. They’ll ensure it accurately reflects the agreed-upon terms and that you understand the legal implications of the document.
The role of a family law attorney does not end with the conclusion of mediation. What if you need to make changes? What if your spouse refuses to honor the agreement? Post-mediation, your attorney can continue to provide support and guidance. This might include assistance with implementing the settlement agreement, addressing any modification needs that might arise, and ensuring that the other side remains in compliance with court orders.
If you’re considering divorce, whether or not you intend to go the mediation route, contact us at The Eggleston Law Firm, PC in Austin, TX, where we have extensive experience in Texas family law and a commitment to helping you get through this difficult time with the support you deserve.
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]]>Continue reading "How Is Child Support Determined in Texas?"
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]]>The initial step in making a child support calculation involves a comprehensive assessment of all income avenues available to the parent who has been ordered to pay support. This income includes earnings from employment, including wages, overtime, and bonuses, as well as passive income streams such as dividends and interest from investments and any payouts from retirement benefits or pensions.
Following the identification of all income sources, the state will then deduct certain qualified expenses to determine what is termed “net resources.” These deductions can include things like federal income tax, social security taxes, and non-discretionary retirement plan contributions. The resulting figure represents the actual financial capacity of the paying parent.
Contrary to common assumption, it’s not the gross income but the net resources that form the basis for child support calculations. Net resources are defined as income after taxes and other mandated deductions have been accounted for. Such deductions may also include the cost of health insurance for the child, which the noncustodial parent is often responsible for providing. Net resources as a concept acknowledges that some of the money a noncustodial parent has isn’t truly theirs at all; another entity, like the federal government, has a claim on it that cannot be denied.
With the net resources determined, Texas courts will typically then apply a fixed percentage model to determine the baseline amount of support. The percentages are applied depending on the number of children involved. For one child, 20% of the noncustodial parent’s net resources is the standard expectation. This figure increases by increments of 5% for each additional child up to the fifth, where it caps at 40%.
In scenarios involving six or more children, the amount should not be less than that allocated for five children. These percentages are designed to scale with the number of children to ensure that the financial support reflects the needs of a growing family. However, it is important to understand that these figures are not absolute. Texas law empowers judges to adjust these guidelines in response to the unique circumstances of each case, and there are lower guidelines for special circumstances involving low-income individuals.
Courts consider various factors, including the child’s age, health care needs, educational expenses, and any special needs. Additionally, the earning capacity and financial status of each parent and the time the child spends with each parent are considered. These considerations can lead to deviations from the standard percentage, with the goal of ensuring that the support provided actually aligns with the child’s real needs and is fair to both parents.
When the noncustodial parent’s financial resources are especially high, Texas courts may take a more individualized approach to support that isn’t bound by the standard percentage guidelines. In such cases, the court has the discretion to order support payments that exceed the presumed amounts to address the child’s actual needs and the lifestyle to which they are accustomed.
This ensures that children from higher-income families don’t experience a sudden and drastic change to their quality of life just because their parents have separated.
Conversely, for those with low income, the percentages can be lowered. If a noncustodial parents has $1000 or less in net resources every month, only 15% is required for one child, with a 5% increase per child up to a cap of 35%. There are also adjustments made if the noncustodial parent has other children with other people. Your divorce attorney in Austin will be able to tell you more exactly what to expect in your unique situation.
Noncustodial parents are generally required to provide medical and dental insurance. If insurance is not accessible through the noncustodial parent’s employer or is not available at a reasonable cost, the court may order the parent to make additional payments to cover the child’s health care expenses. The custodial parent might be tasked with maintaining the insurance coverage if it is available at little or no cost through their employment.
Child support orders are not immutable, and they can be modified if there is a material and substantial change in the circumstances of either the child or the parents. Such changes might include a significant shift in either parent’s income, changes in the child’s needs, or other factors like the availability of health insurance. If it has been three years since the order was established or modified, a review may be warranted.
Enforcement of child support is taken very seriously in Texas. The Office of the Attorney General plays a pivotal role in ensuring compliance with support orders. This includes locating parents who are delinquent in their payments, establishing paternity when necessary, enforcing support orders, and managing the collection and distribution of payments. The state’s enforcement mechanisms are aggressive, with serious consequences for non-compliance.
Child support calculations can be influenced by the amount of time the noncustodial parent spends with the child. Shared parenting arrangements, which include joint physical custody or extensive visitation rights, may lead to adjustments in the support amount. The rationale behind this is that during periods of visitation or custody, the noncustodial parent also incurs direct costs associated with caring for the child.
Child support determinations in Texas are separate from spousal support arrangements. However, if a parent is either receiving or paying spousal support, this might impact the calculation of child support. Spousal support payments are a financial obligation that can reduce the net resources of the payer, which in turn could lead to a decrease in the child support amount.
Conversely, receiving spousal support can increase a custodial parent’s net resources, potentially affecting their eligibility for receiving child support. Courts consider these factors to ensure that all support payments are fair and reflect the current financial situation of both parents.
In the state of Texas, the legal obligation to pay child support typically ends when the child turns 18 or graduates from high school, whichever comes later. However, there is a provision for parents to voluntarily extend child support to cover the costs of college education. Such agreements must be included in the final divorce decree to be enforceable.
Child support can be complex, but it is important to ensure the well-being of your children. For those facing high conflict, complex, or difficult divorce and family law issues, The Eggleston Law Firm offers not just a lawyer, but a team of professionals dedicated to helping you attain the best possible future for you and your children. If you need help, call us now at 512-640-2507 to schedule a free consultation.
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]]>Continue reading "10 Qualities to Look for in a Divorce Lawyer"
The post 10 Qualities to Look for in a Divorce Lawyer appeared first on The Eggleston Law Firm.
]]>When getting a divorce, you need a lawyer who specializes in divorce and family law. Since you don’t know how the case will turn out, you should find a lawyer who has extensive experience handling complex, high-conflict divorce cases. They should also have in-depth knowledge of no-fault and fault-based divorces and the intricacies of divorce laws and procedures in Texas.
This competence will be invaluable in guiding you through the complicated divorce process. Since the lawyer will have already seen a wide range of divorce situations, they will know how to achieve optimal outcomes for you. They will also have the expertise to skillfully protect your interests when up against competitive or aggressive opposing counsel.
You need a lawyer whom you feel totally comfortable opening up to about deeply personal details regarding your marriage, finances, assets, debts, and more. It is important to have good rapport, trust, and open communication with your lawyer. If you don’t feel completely at ease, you may unconsciously hold back certain information that could impact elements of your divorce case.
During your initial meetings with the lawyer, check how comfortable you feel around them. Is their demeanor calm, caring, and compassionate? Do you feel free to speak candidly, and do they encourage you to open up without judgment? If there is any awkwardness during your first meetings, you should find alternative representation.
Besides feeling comfortable around your lawyer, you need to feel supported. Going through a divorce takes an enormous emotional toll. You need a divorce lawyer who has a deeply empathetic nature. They should be able to provide emotional support and understanding when you need it during this transition.
At the same time, an effective lawyer must have the emotional strength to capably handle the stresses and pressures of a legal battle. Divorce negotiations can sometimes be heated, tense, and draining for everyone involved. Your lawyer should offer compassion and help mitigate the anxiety and sadness you may experience throughout the process.
It is generally best if a divorce can be settled through mediation rather than in court. You should pick a lawyer who is highly skilled at mediation and negotiation to increase the chances of reaching a fair agreement and amicable settlement. Take time to research the number of past divorce cases they have successfully resolved through mediation.
An attorney who focuses on mediation may help you avoid a combative, drawn-out court fight. This can save a lot of time, money, and emotional grief. However, this doesn’t mean that the lawyer shouldn’t have experience in litigation. If you and your ex-partner can’t come to an amicable agreement, your lawyer should be able to competently represent you in court.
A good divorce attorney in Austin, TX, needs to have strong strategic skills to build the most convincing and favorable case for you. They should know when to hold firm in negotiations and when tactical compromises are prudent. The lawyer should have top-notch persuasion abilities, especially when dealing with a difficult ex-partner or aggressive opposing counsel. These qualities ensure they negotiate firmly and present your case in the best light.
Nothing can be more disheartening than hiring a lawyer who isn’t available when you need them. Choose a divorce lawyer who is highly responsive to your needs and avails themselves whenever questions or concerns arise. They should promptly return phone calls and emails and allocate sufficient time to address issues throughout the proceedings.
The lawyer should also have a reliable team of paralegals, legal assistants, and support attorneys to promptly compile paperwork, collect evidence for the case, and ensure the proceedings go on smoothly. This eliminates unnecessary delays that can drag out the process and increase legal costs. Having an accessible lawyer also provides comfort and assurance during an already challenging period.
Going through a divorce shouldn’t be just about finalizing the case. It should be about ensuring that your specific interests are met regarding the division of property, child custody, spousal support, and other crucial matters. What is your most favorable outcome from the process regarding these matters?
Your lawyer’s primary goal should be to advocate for your interests during the negotiations. They should also be able to firmly advise you in your best interest. For example, they should tell you honestly when a settlement offer is reasonable and when holding out could be more beneficial. Top commitment means taking your case all the way through trial if that’s what it will take to get you the best outcome.
It’s important to select a lawyer who remains calm, focused, and professional even when tensions run high. Divorce proceedings and negotiations can get stressful and heated, especially if you aren’t on good terms with your ex-partner. A lawyer who easily gets flustered, loses their temper, or becomes reactive could make rash moves that end up hurting your case.
You want someone who thinks clearly and strategically under pressure. Such a person will even be able to keep you in check and de-escalate conflict when heated exchanges occur between you and your ex or opposing counsel. This will prevent unnecessary timeouts that could prolong mediation proceedings and stall the process.
When looking for a good divorce attorney in Austin, TX, find one who has a proven track record of prevailing for their clients. Examine past case outcomes and client testimonials praising their ability to secure positive outcomes. An experienced lawyer will make sure you don’t end up on the losing side of the proceedings.
If the other party plays hardball, your lawyer should be willing to use leverage to get you a win. For example, if you’ve opted for a fault-based divorce in Texas, your lawyer should not be afraid to use evidence against the other party to get you a better outcome in the divorce.
Fees are a key factor when choosing a divorce attorney. To avoid cost constraints, find one you can reasonably afford and that aligns with your budget. However, balance affordability with their track record and expertise. Going for the cheapest lawyer may ultimately backfire if you end up with an unfavorable settlement.
A top-notch lawyer is worth the expense when your future is at stake. Find one who is cost-conscious and suggests legitimate ways to save money where possible. For example, the lawyer can find ways to maximize the efficiency of your meetings to keep hourly fees manageable. The attorney should also elaborate on costs upfront, so you can plan accordingly.
Navigating a divorce can be stressful, but with the right lawyer, the process can be smooth and successful. If you are looking for a divorce lawyer in Austin, TX with these qualities, we’re here for you. Our experienced divorce attorneys are compassionate listeners and strong negotiators who will protect your interests through every step of the process. Contact The Eggleston Law Firm today to schedule a consultation.
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]]>Continue reading "17 Things You Should Never Do in a Child Custody Case"
The post 17 Things You Should Never Do in a Child Custody Case appeared first on The Eggleston Law Firm.
]]>A critical error in a child custody case is speaking negatively about the other parent in front of the children or on public platforms, such as social media. Courts focus on the best interest of the child, which includes maintaining healthy relationships with both parents. Derogatory remarks can be seen as an attempt to alienate the child from the other parent and can severely damage your case.
Unless there is a court order that restricts visitation, preventing the other parent from seeing the children can be viewed unfavorably by the court. Withholding visitation without a legitimate and legally supported reason can be interpreted as not acting in the child’s best interests and may lead to legal repercussions.
Effective communication and a willingness to co-parent are viewed positively. Refusing to engage in dialogue or cooperate with the other parent on matters concerning the children can be perceived as an unwillingness to support the child’s relationship with the other parent. Courts usually favor arrangements that encourage active involvement of both parents in the child’s life.
Relocating with a child without proper notice to the other parent or without seeking the court’s permission can be a grave mistake. Such actions may be seen as an attempt to limit the other parent’s access to the child and can significantly affect how custody is awarded.
Children should be shielded from the legal disputes between their parents. Involving them in custody battles or asking them to choose sides can be emotionally damaging and is frowned upon by the courts. Do everything you can to maintain a sense of normalcy and stability for the children throughout the custody process.
Parents involved in a custody dispute must prioritize the child’s needs and established routines over their own feelings and preferences. Overlooking the child’s daily schedule, medical appointments, or educational commitments can be seen as a lack of involvement in the child’s well-being. Demonstrating a consistent commitment to your child will put you in a good position during custody evaluations.
Accusations against the other parent should never be made without solid evidence. Making false claims can undermine one’s credibility in court and can backfire legally and ethically. If there are legitimate concerns about the child’s safety, they should be addressed through proper legal channels with supporting evidence. Even if you’re quite sure something has happened, don’t bring a formal accusation without having solid evidence to back it up, and be sure to talk to your lawyer right away.
Disregarding any interim or standing court orders related to the custody case is a serious mistake. Compliance with court directives is non-negotiable, and failure to adhere to these can be seen as contempt of court, leading to legal penalties and weakening a case.
Navigating child custody without professional legal guidance from an Austin, TX child custody lawyer can destroy your case. Custody laws are complex, and every action or inaction can be more significant than you know. Seeking advice from a family law attorney ensures that you make informed decisions that align with legal standards and serve your child’s best interests.
Introducing children to a new romantic partner during a custody dispute can be problematic. Courts may view this as a lack of judgment or stability, especially if the relationship is recent or has not been approached with the children’s emotional well-being in mind. It is advisable to be cautious about when and how new relationships are brought into children’s lives during the sensitive period of a custody case.
In custody cases, thorough documentation is vital. Failing to keep records of interactions with the child, visitation schedules, and communication with the other parent can leave you at a disadvantage. Detailed records can provide evidence of your commitment to your child and can be crucial during court proceedings.
Aggressive behavior, whether directed at the other parent, the children, or third parties, can severely impact a custody case. Any instances of aggression, including verbal altercations or physical confrontations, can be used as evidence of an inability to provide a safe and stable environment for the child. No matter how irritating an ex-spouse might be during a custody battle, always respond as the “bigger person.”
While a child’s preferences are not the sole factor in custody decisions, outright ignoring a child’s expressed wishes, especially if they are of a sufficient age and maturity, can reflect negatively on a parent. It is important to listen to and consider the child’s feelings, ensuring their voice is heard in an age-appropriate manner.
Social media can be a minefield in child custody cases. Posting information about the case, negative comments about the other parent, or any content that could be perceived as irresponsible or indicative of bad parenting can derail a case. Courts can consider social media activity as evidence, so it’s advisable to use these platforms with great caution during a custody dispute. Always talk to your lawyer before you post anything about your case.
The mental and emotional health of the child is paramount, and parents should never dismiss signs of stress, anxiety, or depression in their child. Failing to address these issues can lead to questions about one’s attentiveness and responsiveness to the child’s needs. It’s important to seek professional help for the child if needed and to be open to recommendations from child psychologists or counselors.
Custody evaluations are a critical component of the court’s decision-making process, and going into these evaluations unprepared can make a big (and negative) difference in your case. It’s vital to understand the scope of these assessments and to be thoroughly prepared to demonstrate your parenting capabilities, knowledge of the child’s needs, and willingness to facilitate a positive relationship between your child and the other parent. An attorney is the best person to help you prepare for these evaluations.
Confidentiality must be maintained throughout the custody process. Sharing details of the case with individuals not involved, especially in public settings, can lead to information reaching unintended parties, including the court. Respecting the privacy of your child, the case, and the family’s circumstances is important and will help your case.
By avoiding these actions and approaching your custody case with a child-centered perspective, you can enhance your credibility and demonstrate dedication to the child’s best interests. For experiencdd guidance through this delicate process, contact The Eggleston Law Firm now.
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]]>Continue reading "Is there such a thing as a Children’s Bill of Rights in Texas"
The post Is there such a thing as a Children’s Bill of Rights in Texas appeared first on The Eggleston Law Firm.
]]>If you’re involved in a divorce or custody case, you’ve likely heard the phrase “best interest of the child”. Best interest refers to keeping the needs of a child front and center during a court proceeding to create and encourage the best possible outcome for that child or children. Most well-meaning parents put the needs of their children first, but sometimes the high emotion and conflict in a divorce or custody proceeding can cloud what’s important.
The idea behind a children’s bill of rights is that it helps to protect parent-child relationships and makes the needs of kids a priority. The problem with every version of a children’s bill of rights in existence (as of this writing) is that the list is not actually a bill or rights of children… but a list of goals and limitations on parenting a child. So, a more appropriate name would be something like “Guidelines for Co-Parenting in Texas”.
No, it was not created by the legislature. At some point in the past a lawyer wrote up a list of 31 bullet points and titled his document “Children’s Bill of Rights”. It gained a lot of recognition and began being put in place by many family court judges. You can even find the list of rights is even included on government websites, providing support for the belief they are the law. However, and despite many websites stating it is the law or a hard and fast rule, that simply is not true.
In the 1980s the Texas Legislature took a shot at passing a bill (found at https://capitol.texas.gov/tlodocs/81R/billtext/html/HB00188I.htm) to change the family code to include a children’s bill of rights. But the bill never passed and never became law. The closest thing to a real children’s bill of rights in the State of Texas or the Texas Family Code was put in place in 2011, and is found in Title 5, § 263.008 (found at https://statutes.capitol.texas.gov/Docs/FA/htm/FA.263.htm). That code section is entitled “Foster Children’s Bill of Rights”. That statute sets out a list of 16 items that children living in foster care are required to be informed of and provided in writing by the Department of Family and Protective Services.
The concept of a children’s bill or rights in divorce and custody cases is a good one. But it should set out specific rights of a child or children, not be a list of prohibitions on parenting. That is because Texas Family Code § 153.193 (found at https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm). states that a court may only impose restrictions or limitations on a parent’s right to possession and access of a child as are required to protect a child’s best interest. And Texas Family Code § 153.072 states a court may place limitations on a parent’s rights and duties with respect to their children, but only to the extent necessary to protect the best interests of the child or children (also found at https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm).
The court is supposed to do everything in its power to protect and promote the best interest of children by considering their health, safety and general well-being first when making decisions. But that power is put in check by those two provisions in Chapter 153 of the Texas Family Code.
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]]>Continue reading "Spousal Support Rights for Divorcing Couples In Texas"
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]]>Divorcing couples may enter into a mutual agreement in which one person pays the other to help with living expenses. Texas courts refer to this type of support as “contractual alimony.”
If divorcing couples cannot reach a mutual agreement about support, one person may petition a court to enter an order for spousal maintenance. Whether a court will grant the order may depend on several factors.
In accordance with Texas’ statutory law about spousal support rights maintenance, courts are most likely to order maintenance for marriages lasting ten years or longer. If a marriage was not particularly long, a court may find that there was not sufficient time for one spouse to develop financial dependence on the other.
Income disparity may be a key factor in whether a person can get spousal maintenance. If one spouse chose to forgo working to spend time caring for children or managing the household, it may be grounds to petition for maintenance.
Courts may award maintenance if a person plans to seek new employment but the current job market is not good. This form of the award may be temporary and last only until somebody finds work.
A person typically cannot seek maintenance because he or she loses a job after a marriage ends. The need for support must depend on someone’s financial status at the time of a divorce.
Ultimately, there is no single formula that courts use to decide who is eligible for support. Courts will attempt to evaluate individuals’ unique circumstances when making a ruling on spousal support rights.
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]]>Continue reading "When is there Right Time to tell a Child about Parent Divorce?"
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]]>No parent wants to do anything intentionally that could harm their child. But unfortunately, you must sometimes make decisions that lead to this, anyway.
When you are going through a divorce, you will face this scenario when the time comes to tell your child about it.
Naturally, you want to look for ways that you can mitigate the damage. But will your timing of the discussion have any potential impact?
Psychology Today discusses ways to drop the news about Parent divorce to your child. There is no specific timeline you must follow when you are handling divorce. But experts believe you should break the news sooner rather than later.
The main reason is that children need time to process this information. Many parents mistakenly think that their child needs more time enjoying a “normal” life, without having to worry about divorce. But this is not the case. They need to come to terms with the fact that there is a big change in their future, and they need time and space to do this.
At the same time, you should not rush into a decision. You need to talk things through with your co-parent first. Get on the same page. Decide what information you will share. Try to predict the questions you may have to field. Never talk to your child one-on-one, as it can sew mistrust and disrupt the potential to work together.
Above all, remind your child that you both love them and will support them no matter what the future looks like. In the end, this is one of the biggest help.
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]]>Continue reading "What you Need to Know about Intellectual Property and Divorce"
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]]>When it comes to dividing property in a divorce, it may be a headache to get through all the possessions in a marriage. From deciding what to do with the house to figure out who gets the couch, there is a lot to divide in a divorce.
But how do divorcing spouses split an idea? Evaluating a house is one thing, the valuation of intellectual property is another.
Houses and couches are physical objects that count as tangible assets. Intellectual property is an intangible asset since it creates value but has no physical representation.
As the World Trade Organization defines, intellectual property rights involve the rights given to persons over the creations of their minds. These include literary and artistic works from musical compositions to computer programs.
And they all might count as community property if one spouse thought them up and worked on them over the marriage.
But not all ideas have equal value. Dividing intellectual property requires evaluating it.
The inherent value of IP, as detailed by the World Intellectual Property Organization, comes from the right for the owner to exclude competitors from using it. Evaluators look at said asset from a few positions.
Once evaluators determine the approximate value of an IP, it is up to spouses to determine how best to split that. That might mean dividing ownership or, as when one spouse takes the house, dividing an equivalent amount of assets to the other spouse.
in conclusion, any asset or wealth build over marriage may make the divorce process more complex. For those couples with IP among their assets, they still must divide it somehow all the same.
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]]>Continue reading "Who Is Pet Custodian After Divorce Under Texas Statutory Law?"
The post Who Is Pet Custodian After Divorce Under Texas Statutory Law? appeared first on The Eggleston Law Firm.
]]>In millions of households across the United States and Texas, humans consider pets part of the family. However, it is important to realize that in Texas law, the courts will treat a pet as property, rather than the way the courts would approach child custody.
The state of Texas has communal property laws. Generally speaking, with this distribution courts will split any communal property equally between the married couple.
However, of course, you cannot split a pet in two. This means that either the couple will need to decide who gets to keep the pet, or the court will decide.
It is not a bad idea for persons about to get married to put custodial wishes regarding any pets into a prenup. Again, unlike children, Texas considers pets to be property.
One of the easiest ways to avoid an argument about what is communal property and what is not is to delineate this in a prenup.
If there are no pre-agreed-upon stipulations for pet custody and the couple themselves cannot decide who gets to keep the pet, then the courts will step in.
In this instance, the judge will look at the animal the same way it will look at any other piece of property.
Some questions a judge may take into consideration include who was a primary caretaker of the pet, and what each party’s work and travel schedules are like.
Additionally, if there are any children involved in the divorce, judges often put the pets with the parent who has the children the majority of the time.
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