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What is Parental Alienation in Texas Custody Cases?

 Posted on September 15, 2023 in Child Custody

TX family lawyerChild custody cases can be emotionally challenging for parents, especially when parental alienation is a factor in the situation. Parental alienation occurs when a parent engages in behaviors that manipulate or distort the child’s perception of the other parent, ultimately damaging their relationship. If you are going through difficult child custody proceedings and believe parental alienation is something your spouse is engaging in, let your lawyer know immediately so appropriate actions can be taken to ensure the conduct can be stopped.

What Does Parental Alienation Entail?

Frequently, parental alienation involves behaviors that may include making derogatory remarks about the other parent, interfering with visitation or communication, or actively encouraging the child to reject or fear the other parent without valid reasons. 

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Decoding Spousal Support: Types, Concerns, and Factors to Know and Understand

 Posted on August 16, 2023 in Divorce

TX divorce lawyersWhen divorce happens, there are several moving parts that many people are not aware of. A key component of some divorce proceedings is alimony or spousal support. Spousal support ensures financial stability for the lower-earning or non-earning spouse. The amount and length of the spousal support varies based on several factors. Anyone going through a divorce should understand the basics of spousal support.

What Are Two of the Most Common Types of Alimony?

Since divorce is unique and specific to every case or situation, the same goes for spousal support. Each type caters to specific financial needs and circumstances.

Temporary spousal support is alimony paid throughout the divorce proceedings to the spouse who earns less. This alimony allows the less-earning spouse to live comfortably and within the same lifestyle, they had while married.

Rehabilitative spousal support assists the recipient spouse in attaining financial independence through education, training, or other methods.

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How Allegations of Asset Dissipation Can Lead to a Contested Divorce

 Posted on July 20, 2023 in Property Division

TX divorce lawyerIn the sphere of divorce proceedings, disputes over financial assets often contribute to the complexity of the process. One crucial aspect that can lead to significant contention is one spouse's allegation of asset dissipation against the other. Today, we will explore how much allegations can impact the outcome of a divorce case and potentially escalate the proceedings into a contested divorce.

Definition of Asset Dissipation

Asset dissipation refers to the intentional depletion or wasteful spending of marital assets by one spouse intending to diminish the overall value of the marital estate. This can involve various activities, such as hiding assets, lavish expenditures, extravagant gifts to third parties, and transferring assets to family or friends to keep them out of the divorcing spouse’s reach. Such actions are not only unethical but can also have legal consequences during divorce proceedings.

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Everything You Need to Know About Commingled Property in Texas 

 Posted on June 19, 2023 in Divorce

Palo Pinto Family Law AttorneyCommingled property is a complicated concept that can be difficult to understand, especially regarding real estate. In Texas, commingled property is a type of marital property subject to division in divorce proceedings. If you are getting divorced in Texas, it is essential to understand what commingled property is and how it affects your divorce case. Remember, it is best to hire an attorney at the outset of divorce proceedings to ensure you are well-informed of your legal options at this time.

Commingled Property 101

Commingled property is money or other assets combined with marital property, such as joint bank accounts or the family home. For example, if one spouse inherits money during the marriage and deposits it into a joint bank account, the money becomes commingled property. Commingled property can also arise when one spouse uses separate property funds to improve or repair the marital home.

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What Does Community Property Mean in Texas and Why Does it Matter? 

 Posted on May 19, 2023 in Divorce

Palo Pinto Divorce LawyerCommunity property is a legal concept that exists in a number of states throughout the United States, including Texas. In the context of a Texas divorce, community property refers to all property and assets that were acquired by a married couple during the course of their marriage, with a couple of exceptions. Community property can include income, real estate, investments, and other assets. Today, we are going to discuss everything you need to know about community property. Remember to hire an experienced divorce attorney to ensure you fully understand community property in Texas and what it entails. 

What Does Texas Law Say About Community Property? 

Under Texas law, both spouses own community property equally, regardless of who earned the income or whose name is on the title. This means that in a divorce, community property is generally divided equally between the spouses unless there is a prenuptial or postnuptial agreement that specifies a different arrangement.

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Understanding What Causes Divorce Mediation to Go Wrong and What to Do if It Does 

 Posted on April 04, 2023 in Divorce

Parker County Divorce LawyerDivorce mediation is a very popular alternative to traditional litigation, as it can save exorbitant amounts of money and emotional stress. However, mediation is only sometimes successful. Understanding the common causes of failure is essential to increase your chances of a positive outcome. Today, we will discuss the common causes of why mediation can go wrong and what can be done to salvage the situation if things do not go according to plan. Remember, a family law attorney can be instrumental in helping to ensure the mediation process is as smooth as possible.

What Causes Mediation to Go Wrong, and What Are Some Solutions? 

One of the critical reasons divorce mediation can fail is the need for preparation by one or both parties. To achieve a successful mediation, both spouses should come prepared with a clear understanding of their financial situation, assets, debts, and other relevant information. Failure to adequately prepare can lead to delays, disagreements, and, ultimately, a breakdown in the mediation process. To help ensure this does not happen, before starting mediation, ensure that you gather all necessary documentation and work with your attorney to develop a comprehensive understanding of the issues to be discussed.

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How Do Paternity Tests Work in Texas? 

 Posted on March 02, 2023 in Family Law

Palo Pinto Parentage LawyerPaternity refers to the legal father-child relationship. Life is complicated, and many people find themselves in situations in which the paternity of a child is uncertain or contested by a parent. Determining paternity and legally establishing the father-child relationship is crucial for many different reasons.

Confirming paternity provides an opportunity for a father to be involved in his child's life. Furthermore, establishing paternity is often the first step in securing child support - a crucial form of financial support for single parents. Paternity testing is frequently used to confirm whether a man is indeed a child's biological father.

When is Paternity Testing Necessary?

Paternity testing is needed when the father of a child (or potential father) is not named on the birth certificate or when there is doubt or uncertainty as to who the biological father of a child may be. Paternity testing can also help resolve disputes between unmarried parents and provide legal proof that an alleged father is, in fact, the biological parent. Paternity testing may also be used to confirm that an alleged father is not the child's biological parent.

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Can a Divorced Parent Move with a Child Out of State?

 Posted on February 02, 2023 in Family Law

Parker County Divorce LawyerIn Texas, child custody is referred to as conservatorship. If a parent has sole managing conservatorship, he or she has sole decision-making authority over the child. This means that the parent can change the child's school, move him or her to a new residence, or make other decisions without the other parent's input.

If divorced parents have joint managing conservatorship, both parents have a right to be involved in their child's life and to make child-related decisions. Parents with joint conservatorship cannot move the child out of state without the other parent's consent. The other parent has the right to object to the move or ask for modifications, such as allowing them visitation rights in their home state.

Moving When Parents Share Custody

Parents who share custody are held to different standards than parents with sole conservatorship. If a parent with joint conservatorship wants to move, he or she will need permission from the child's other parent. If both parents agree to the move, they can submit a “Stipulation and Order” to the court and modify their parenting plan to account for the relocation. If one parent does not consent, then the parent who wishes to move can file a petition for relocation with their local family court.

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When are Parental Rights Terminated in Texas?

 Posted on January 26, 2023 in Family Law

Parker County Parental Rights LawyerParents have certain rights and obligations under Texas law. Parents are expected to provide a safe home for their children and ensure that the children are adequately fed and taken care of, attend school, and receive medical care. Parents also have rights, including the right to make decisions about their child's upbringing and spend time with their child.

However, there are situations in which a parent's rights may be terminated, either voluntarily or involuntarily. Typically, the termination of parental rights occurs in the context of adoption.

Parents May Voluntarily Terminate Their Parental Rights to Allow an Adoption

Some parents recognize that they are not in a position to care for a child. They may be struggling with severe mental illness, substance abuse, or other personal problems that make them unable to provide a safe and stable home. For this reason, they may voluntarily consent to terminate their parental rights through the court so that the child can be adopted by someone else.

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Three Situations in Which a Postnuptial Agreement May Be Beneficial

 Posted on December 08, 2022 in Family Law

Parker County Divorce AttorneyIn a previous blog, we discussed the advantages of utilizing a prenuptial agreement to define property rights before getting married. Prenuptial agreements have long been the subject of skepticism, but more and more couples are recognizing the utility of such a document. Many family law attorneys are seeing an increase in the number of people requesting prenups – especially among the younger generation.

Postnuptial agreements are very similar to prenuptial agreements: They describe each spouse’s property rights and obligations in the event of divorce or the death of a spouse. However, a postnuptial agreement is signed after the couple has gotten married. Read on to learn about three situations in which a postnuptial agreement may be beneficial.

The Couple Owns Significant Assets

If either spouse in a marriage has significant wealth, a postnuptial agreement can help protect that wealth. Many people look into getting a prenuptial agreement after they experience a financial windfall. For example, a wife who inherits real estate from a deceased relative may wish to use a prenuptial agreement to classify the property as a non-marital asset. Property acquired through inheritance is generally considered non-marital property, however, countless circumstances can lead to transmutation. A postnuptial agreement ensures that the home does not become entangled with marital property and end up as part of the marital estate.

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