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Dallas Family Law Blog

When is a man presumed to be a father under Texas law?

Sometimes, if a child's parents are unmarried when the child is born and the child's mother has sole custody of the child, she may wish to pursue child support from the child's father. Similarly, the child's father may want to pursue visitation rights. For either of these events to occur, however, paternity must be established.

In general, paternity can be established in Texas either voluntarily through the execution of an acknowledgement of paternity or through DNA testing and a court hearing. However, there are times when a man will be presumed to be a child's father. The following are circumstances when this presumption may occur.

Guiding you through a paternity action

Family law matters can be complex and confusing. One area that can be especially confusing is paternity. For men in Texas, they may not fully understand what it means to establish paternity or to be asked to submit to a paternity test.

A paternity action could arise is various matters. To begin, a man may file this action when he believes he is the father of a child and wants to establish rights. It could also occur when the mother of a child believes that a man is the father, and the man is seeking to prove that he is not the father and is, therefore, not obligated to pay any child support.

Money: the leading cause behind many Texas divorces

If you made the choice to move forward with marriage, chances are that money played at least a small part in your decision. Money arguments are some of the most commonly cited reasons behind many divorces, and this doesn't stop once a person files papers. Money, savings and marital assets are often some of the most hotly contested issues during the divorce process as well.

There are many reasons why marriages break down. However, financial stress can compound issues that do not necessarily have anything to do with money. Two spouses may have different ideas about their financial goals and other things, which can lead to an irreparable rift in the relationship. Finances are a significant issue for couples of all ages and income levels.

The reasons for getting a prenuptial agreement

When one hears wedding bells they think of a long and happy marriage. However, many also think of the costly and emotional process of divorce. Unfortunately, not all marriages stand the test of time. And in some cases, some marriages do not last long at all. But no matter the length of a marriage, when couples in Texas and elsewhere get marriage, this legal ceremony not only unites a couple but also unites their property. Thus, when couples divorce, this property must be divided between them.

So whether an engaged couple is worried about this possibility or a married couple is concerned seeks to protect their growing wealth, this is where a prenuptial agreement can come into play. This document can serve any couple, and it is not just for those with significant wealth. A prenup is a legal document that can cover a wide range of divorce issues that are focused on property rights and assets.

Instances of active duty military divorce are steadily declining

When it comes to marriage and divorce, the hype over the divorce rate across the country can sometimes give people pause when it comes time to get married. The common refrain is that half of all marriages end in divorce. These statistics are further broken down into sub-groups. One statistic that is reliable and easy to track is the instance of marriage and divorce in military families.

While divorce rates may be increasing or holding steady in many areas of the country or in specific sub-groups, one group has steadily decreased. That group is the divorce rate among active duty military members. According to the statistics, approximately 3% of troops married at the start of 2018 divorced over the course of the year. That is a decline of 0.1% percent compared to the previous year. Furthermore, this statistic has been in steady decline for the last decade.

How is child custody established in Texas?

When parents in Texas decide to part ways, this process can be complicated due to custody. Child custody can be determined between the divorcing spouses; however, if an agreement is not reached, the court will have to step in to help the parents determine what agreement is best for the child in that particular situation.

How is child custody established in Texas? Unlike other states, custody is referred to conservatorship in Texas. When the court considers a custody arrangement in the state, they will consider the wishes of the child or children; however, this is often dependent on the age of the children involved.

Co-parenting not working? Why not give parallel parenting a try?

If you're one of many Texas parents whose divorce was less than amicable, the whole co-parenting situation might not be going so well. If so, you can take comfort in knowing that you are definitely not alone in your struggle.

In fact, some co-parenting relationships are highly confrontational, even volatile. Whether your situation isn't quite that bad, but you want to make a change before it gets to be or you're in over your head and need immediate support, parallel parenting might be an option.

Custody and claiming a child on taxes

When parent divorce, there are many concerns surrounding their children. One major issue is with whom the child will reside with and what the custody arrangement will look like. Not all post-divorce parenting plans look the same. They are highly dependent on the factors involved in the situation at hand. Whether a sole or joint custody arrangement results, there are also certain financial issues that must be sorted out as well.

Although it is important to address child support issues, it is also vital to understand how a custody plan could impact certain financial tasks such as filing taxes. Claiming a child on his or her taxes can be very beneficial, as it allows that parent to obtain an earned income credit and a child tax credit. Thus, divorced parents can often find themselves in a dispute over who gets to claim a child each year.

Understanding prenups

Getting married is a big deal. It is not just two people in love devoting their lives to one another. It is two separate lives, each having their own past, property and financial history, joining together as one. This can cause many concerns and complications. Money can be a significant factor. And, in efforts to protect assets and property in case the union ends in divorce, many couples intending to get married decide to include a prenuptial agreement in their marriage.

Understanding whether or not a prenuptial agreement is right for you means understanding what a prenup is. In simple terms, it is an agreement between two people intending to marry that addresses various issues that focus on property rights and assets. For some, the purpose is to provide protection in the event of a divorce. For others, this document helps ease the divorce process, helping to address many of the divorce issues.

Helping navigate a contested divorce

Divorce reportedly impacts roughly half of all marriages. As a result, it is not unheard of to consider this to be a reality even before a couple says "I do," in Texas and elsewhere. Whether that means drafting a prenuptial or postnuptial agreement, or making careful financial decisions, being conscience that a marriage could end in divorce could be beneficial in the event that one or both spouses seeks a divorce.

When divorce seems inevitable, some couples do not see eye-to-eye. A contested divorce can turn into a complex matter. At our law firm, we are familiar with a wide range of divorce matters. This has equipped us with the knowledge and experience to handle even the most complex or high-conflict matter.