Child issues

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Five Risks in Modification Suits In Texas

Under the Texas Family Code a party can modify a divorce decree or an order following a SAPCR. The modification may include a modification of child support, child custody, spousal support or some combination of those issues. Generally, however, a property division in a Texas divorce cannot. In both child support and spousal support modification suits, the objective of the modification lawsuit is very narrow. The petitioner in a Tarrant County or Dallas County family court seeks to raise or lower the amount of support. Usually that means the income of the obligor increased or decreased. Either the obligor or the...

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5 Problems with 50/50 Custody in Dallas-Fort Worth Divorces

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 you will have a divorce or custody suit with 50/50 custody then you should contact a divorce lawyer to discuss your situation. However, sometimes these arrangements can start off as a good idea and turn into a real mess. Here's some common reasons why: 1. A...

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Is it better to keep divorce uncontested or fight for what you deserve? Bedford divorce lawyer explains

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 the basis for the fear of a contested divorce came from myths or misunderstandings of the divorce process. Let's break down some of these misconceptions and discuss what they mean: Once you file a Texas uncontested divorce you have to start over for a contested divorce: This is...

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Do I have to have a standard possession order in my Texas divorce? Fort Worth divorce lawyer explains

In a Texas divorce with kids the divorce decree must contain a possession order for custody (conservatorship, visitation/access and possession) or the possession information must be included in a mediated settlement agreement incorporated into the divorce decree. The order must also include medical support for the children and may include additional child support. The typical possession order known as the "standard possession order" is the possession order in the Texas Family Code. In any divorce you should strongly consider consulting with a Fort Worth divorce lawyer about your rights and how to protect your relationship with your children. The standard possession...

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Child support payments not paid through the Attorney General: Fort Worth child support lawyer

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 parent. Today's post will discuss: why child support payments must go to the SDU; how obligors end up not making payments directly to the SDU; the financial implications of not paying child support directly to the SDU; and what to do if you have been paying child...

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Fort Worth divorce lawyer: Family court cannot refuse mediated settlement agreement over best interests of a child

The Texas Supreme Court issued its opinion In re Stephanie Lee. This addressed whether a family court can refuse a mediated settlement agreement when the judge does not believe it is in the children's best interest. The court held a judge may not reject an MSA believing it is not in the child's best interest. This ruling strengthens the authority of mediated settlement agreements in a Texas divorce. If you face a divorce or custody lawsuit it may be worth considering using an MSA to craft a custody agreement. What is a mediated settlement agreement? A mediated settlement agreement is a settlement agreement in a divorce reached with...

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What is a guardian ad litem under the Texas Family Code? Fort Worth divorce lawyer explains

A guardian ad litem is a “guardian at law” that represents an individual’s interest in litigation. The most common cases in Texas with a guardian ad litem is probate and family court to represent a minor. A guardian ad litem, at least in Texas, is almost never an attorney. The guardian ad litem should have an educational background in child welfare. In family law they often appear in divorces and child custody suits to represent the best interests of the child. The reason why a third party represents the child is because often the parents or other family members do not have an objective...

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