Category: Child Custody Law - Page 2 - Texas Law Guide

The importance of a well constructed 50/50 custody arrangement in a divorce in Texas

Child Custody Law, Divorce Law, Uncontested Divorce Attorneys

Many people exit a divorce with children with the desire to balance the custody relationship so the parents split time with the children in a 50/50 custody arrangement. I have written several times about the risks involved in 50/50 child custody arrangements. As great as they are when they work, they are terrible for everybody […]

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Creative Custody and Possession Schedules in a Texas Divorce

Child Custody Law, Divorce Law, Uncontested Divorce Attorneys

A few months ago I wrote a post about problems with 50/50 custody arrangements. Generally, the problems I discussed are relevant to any kind of custom or creative custody arrangement deviating from the standard possession order or extended standard possession order schedule found in the Texas Family Code. 50/50 custody arrangements are not the only type

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The Texas sized myth of terminating rights to avoid child support

Child Custody Law

In a recent post I discussed why parents sometimes want to terminate parental rights of another parent after a Texas divorce or child custody case. In that post I discussed why that is often not a financially advantageous decision. Today’s post takes the other side: whether a parent can terminate his or her own rights

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The Hidden Danger of Child Support Income Withholding in Texas

Child Custody Law, Divorce Law, Uncontested Divorce Attorneys

In Texas divorces with children, child support is almost always awarded. Along with the support comes an income withholding order (IWO) to garnish child support from the paying parent’s paycheck. The paying parent, the obligor, will have payments deducted and paid through the Attorney General or a domestic relations office. The income withholding order is often a

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Terminating a parent’s rights in Texas: The Financial Risks

Child Custody Law, Divorce Law

Parents in Texas sometimes decide they want to terminate another parent’s rights to their children. Often this occurs after a divorce or child custody case issued orders assigning rights to each parent. At some point after the end of the case relationships break down and one parent decides it is time to sever the parent-child

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Six Risks in Child Custody Modification Lawsuits in Texas

Child Custody Law, Divorce Law

When a Texas family court issues a custody order in a divorce with children or child custody case the court makes decisions based upon the facts of the family at that time. As parents start living separate lives and children grow older their lives change and sometimes that requires revisiting the original court order. If

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7 Surprising Reasons Why You Might Want a Lawyer for your Uncontested Divorce

1 Comment / Child Custody Law, Divorce Law, Property Division Attorneys, Uncontested Divorce Attorneys

I’m going to tell you something many people would find shocking. Although I offer uncontested divorces in Dallas and Fort Worth, I don’t believe everybody needs a lawyer for uncontested divorce. Seriously. You can get an uncontested divorce in Texas without a divorce lawyer. People do it every day. There are basic forms available online that

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5 Problems with 50/50 Custody in Texas Divorces

Child Custody Law, Divorce Law, Uncontested Divorce Attorneys

50/50 custody refers to custody arrangements outside of the standard possession order that split time evenly between the parents. This arrangement might work as alternating weeks or an alternating group of days. Although these arrangements are not the norm, they can be approved by a family court and sometimes work very well. If you believe

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Is it better to get an uncontested divorce or fight for what you deserve?

Child Custody Law, Divorce Law, Property Division Attorneys, Uncontested Divorce Attorneys

Uncontested divorce participants comment after the fact that they liked the idea of an uncontested divorce; but along the way there were some tense discussions that made them feel like because they chose an uncontested divorce they were stuck giving in to whatever demands their spouse wanted to prevent the divorce from becoming contested. Often

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Is the standard possession order required in my Texas divorce with children?

Child Custody Law, Divorce Law, Uncontested Divorce Attorneys

In a Texas divorce with kids with joint custody or sole custody the family court must order a possession schedule for how the parents share time with the children. The judge can sign a divorce decree or child custody order with virtually any schedule as long as the schedule is in the best interests of

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Is mediation right for my divorce? Fort Worth divorce lawyer explains

Child Custody Law, Divorce Law, Property Division Attorneys, Uncontested Divorce Attorneys

Mediation is a common practice in Texas divorces because it offers the opportunity for the spouses to make decisions between themselves about how to divide parenting issues and property rather than have a judge or jury make those decisions for them. Mediation is a process in which a neutral third party (the mediator) works to

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Child support payments not paid through the Attorney General

Child Custody Law, Divorce Law, Protective orders and Temporary Orders Attorneys, Uncontested Divorce Attorneys

A common mistake child support obligors make is paying child support payments directly to the obligee-parent rather than to the Texas Attorney General’s State Disbursement Unit (SDU). This mistake can be costly for the obligor even if the obligor believes he or she can pay less by making child support payments directly to the other

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Dad unfit because he would not take his kid to McDonald’s

Child Custody Law, Divorce Law

Seriously. This is a real story. New York father and attorney David E. Schorr is in the midst of what appears to be a very tense divorce. The McDonald’s-related events have resulted in a defamation suit against a psychologist in the ongoing divorce suit. I’ll summarize the facts briefly, what it has meant for the

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Texas family court cannot refuse mediated settlement agreement over best interests of a child

1 Comment / Child Custody Law, Divorce Law, Property Division Attorneys, Uncontested Divorce Attorneys

The significance of Mediated Settlement Agreements (MSA) in Texas divorce cases has been reinforced by the recent opinion of the Texas Supreme Court in the case of In re Stephanie Lee. This ruling clarifies that family courts cannot refuse to accept an MSA solely because the judge believes it may not be in the best

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Duress, spousal threats and divorce in Texas

1 Comment / Child Custody Law, Divorce Law, Property Division Attorneys, Uncontested Divorce Attorneys

A common concern from divorce clients and people looking for information about divorce comes in the form of, “my husband is threatening to…” or “my wife is threatening to…” with something about taking away the kids or all the property. 99.9% of the time those threats have zero basis in the law and are never going

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What is a guardian ad litem under the Texas Family Code?

Child Custody Law, Divorce Law

A guardian ad litem (often abbreviated as GAL) under Texas law represents the interests of an involved individual but is not that person’s attorney. A guardian ad litem represents the best interests of a person who is unable to advocate for their own interests, such as a child. The person the guardian ad litem represents

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