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April 2015 Archives

Fathers gather in state capitol to support father's rights bill

The rights of Texas fathers to gain custody may have been bolstered recently when fathers gathered in Austin to voice their support for a bill that would provide equal parenting time as one option for parents, according to state legislators. Among the leaders of the group was the father of a 10-year-old son. He says he has been fighting for his right to shared custody since his son was born.

Applying for Texas Attorney General's child support services

Child support is an important monetary resource for many custodial parents. The Texas Attorney General's Office understands this and it provides certain child support services to those parents who need assistance. If you wish to learn more about the services, you may read one of our earlier blog posts, which discussed the services in detail.

Overview of the Texas Property Division Statute-Part II

Dallas residents may be aware that marital agreements are common in Texas as well as in other states, and courts consider such agreements to be a useful tool for resolving property division issues amicably. If the court feels that the terms and conditions of a marital agreement are appropriate, it will approve the agreement and the entire property division process will be completed according to that agreement. However, if the court feels that a marital agreement is inadequate, it may order the spouses to prepare a revised agreement, or it may require the spouses to enter into a contested hearing.

Overview of the Texas property division statute-Part I

Dallas residents may be aware that Texas is a community property state. That means that any property acquired by a couple after marriage, irrespective of whose name it is in, ispresumed to be marital property. In the event of a divorce, assets that are part of the community property estate are generally often split equally between the spouses. Additionally, Texas courts can also order a disproportionate division of the divorcing couple's estate while taking into consideration the best interest of both spouses and the children.

A Texas child support case that may interest Dallas residents

As many Texas residents may be aware, positive paternity test results are often the first step toward obtaining child support for a child whose biological father was unknown previously. At the same time, a negative result means that a man is not required to pay child support. However, the complexities of family laws in Texas are such that child support that was previously paid in error is not refunded, even if the person who was paying the child support was able to establish that he is not the father of a child. Such an incident recently occurred in Texas and may interest many parents.

Consider marital agreements to protect yourself during divorce

There comes a time in many marriages when the relationship no longer seems to work anymore. Arguments between the spouses take center stage and resolving even miniscule issues seems like a mammoth task. In these situations, many Dallas, Texas, residents would agree that it would be better if the couple were to part ways. However, even during the separation process, the spouses are often at war with each other because of a number of issues such as child custody, alimony, child support and property division.

The child custody and visitation system in Texas-Part II

As noted in a previous post, Texas family courts assign either sole managing or joint managing conservatorship to parents who have divorced. The law requires that joint managing conservatorship be considered first because it is commonly seen as the custody form that meets the best interests of the child. Courts generally adhere to this principle except when there is specific evidence of domestic violence against a child.

The child custody and visitation system in Texas-Part I

No matter where divorce happens, children are often the ones who suffer most when couples divorce. The uncertainty about the future can make children extremely anxious. For the parents, certain issues regarding their children can create anger and bitterness, especially when those issues are related to child custody and child support. Fortunately, Texas courts, like those in every state, use the standard of meeting children's best interests when it comes to granting child custody to one parent and requiring child support from the other.

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