Sep 01
Parties to custody suits involving substance abuse must carefully tend to the needs and safety of their children. Findings of significant substance abuse can lead to visitation restrictions, mandatory testing regimes, and potentially total loss of possession and access. Experienced family law attorneys will be familiar with the intricacies of various testing protocols. For example, judge-ordered urine tests may fail to detect chronic abuse, while hair or nail tests can document res...
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The Basics of Texas Marital Property Law and Retirement Dividing retirement accounts in a divorce can be complicated. If you want to protect your retirement or believe you are entitled to some of your spouse’s plan, understanding the details of your case and how the law handles questions of ownership is essential. Texas is a community property state. This means that all property divided in a divorce is presumed to fall under the characterization of ‘community property....
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In our Dirty Divorce Tricks blog series, we go over common plays that spouses do, in hopes they can receive a custody or financial gain or even to try to maintain their losses. In this blog, we will go over how some spouses will obtain copies of documents, attempt theft and reckless spending during the event of a divorce. (more…)
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One of the most common dirty divorce tricks we encounter is when a spouse intentionally alienates their children from the other spouse. Not only can this hurt the other spouse, but less time with their children can lead to a weaker case—if the parent doesn't seem to have a strong relationship with their kids, why should the court select them to be the primary caregiver. Some spouses will hide their children from the other spouse by denying access, moving with them to an unknown residence,...
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With the help of their attorneys, most divorcing couples are able to reach agreements on how to divide assets and formulate a mutually acceptable parenting plan. However, experienced family law attorneys must prepare for the possibility of vindictive behavior that could otherwise cause real financial and legal harm. Some examples of vindictive behavior include: Removing a spouse’s name from financial accounts Maxing out credit cards with frivolous purchases Making unfounded ...
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A divorce or child custody lawsuit is easily one of the hardest and most strenuous things a person could go through. Our team of family law attorneys come from various of life experiences and many of them have gone through their own divorce or child custody case, not to mention serving thousands of families across Texas. In our experience, it is best to be honest with clients so they are mentally prepared for what is coming in regards to their custody or divorce case. Our modern approach...
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Conflicting child custody orders don't necessarily happen over night. In some cases, they happen years after a divorce is finalized. For instance, if a husband has decided to leave the states with his children and obtains an order in his new residing country, there will be two official orders, the original order issued in Texas when the divorce was finalized and now the new order, obtained where he moved the children to. You're probably thinking now what, which order should be enforced, whi...
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Texas courts generally order “guideline child support.” Exceptions to this pattern are uncommon; these guidelines are presumed to be in the best interest of children. However, certain factors can influence courts to deviate from child support guidelines. Consideration of Other Factors Although child support is typically set with reference to guidelines contained in the Texas Family Code, under some circumstances, a Texas court may consider additional factors. To deviate from the Texa...
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