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August 2017 Archives

Can one modify an existing Texas child custody order?

"There is no constant but change." So goes a tried and true piece of conventional wisdom. Basically, because time is continually passing, everything in the world changes, whether it wants to or not. The same may be said for the circumstances Texas residents find themselves in after a divorce or break-up of a domestic relationship. Whether it is a new job, or a need to move to different hours of work, or to a different residence, the situations of both parties to a family law case can change, sometimes dramatically. Because of this, what may have been the best solution at the time a decision was made on issues like child custody or visitation may no longer be viable.

Can a man take back an official admission of paternity?

There's an old saying that one cannot be "a little bit pregnant." That is to say, a person is either pregnant or she is not. Similarly, in a biological sense, a man is either the father of a child or he is not. Legally speaking however, things are a bit more complicated. For example, if a couple is married, any child born to a female partner is presumed to be the child of a legal husband, until that presumption is overcome by evidence. A non-married man may also be considered the father of a child if he has made an official acknowledgement of paternity, either at birth of subsequently. But what if he later decides he is wrong? Is it possible for a Texas 'father' to disavow the paternity of a child?

Is an uncontested divorce right for me?

Divorce does not always have to be an awful, long, drawn-out process. For couples in Texas who are ready and willing to work together to negotiate their settlement terms, the finalization of the marriage dissolution can happen pretty fast by filing an uncontested divorce.

Are Texas prenups always enforceable?

Prenuptial agreements seem to be staging a bit of a comeback. While for many years, the idea of asking a proposed marital partner for a legal agreement that contemplated the ending of the relationship prior to death was considered unromantic at best, and incredibly tacky at worst, there seems to be more acceptance of the idea recently. This may be due to millennials being more likely to cohabitate before marriage and being more likely to see finances as separate rights, rather than something to collectivize.

Social media may complicate your divorce

Now that you have taken the step to start divorce proceedings, you may also want to scrutinize your use of social media. Facebook, Twitter, Instagram and others are such a normal part of many lives, and you may be surprised to learn that they are also becoming a normal part of many divorces.

What are the main ways to enforce child support?

It is the policy of the State of Texas that children should be supported by the contributions of both of their parents. This means that even if the parents choose not to reside together with the children, they will each still be legally responsible for the financial support of their children. To this end, like most other states, Texas has established guidelines that use the incomes of each parent to determine what each"s share of the child support should be. Generally speaking, the parent with whom the child lives, known as the "custodial parent" (or sometimes, depending on the circumstances the "sole conservator" or "primary joint conservator,") will receive child support payments from the "noncustodial parent."

What is an "AOP," and how does it affect Texas fathers' rights?

Being a parent is a special role, and often brings with it numerous emotions, both positive and negative. On one hand, a parent can feel proud, happy and excited at the love and possibilities a child brings into the world. On the other, there can be uncertainty, anxiety and doubt about how to go about caring for such a fragile being, and what difficulties may appear in the future.