Posted on March 27, 2019 in Family Law

Every so often, a client wants to know if there’s a way to involuntarily terminate the parental rights of their child’s other parent.

Terminating someone’s parental rights isn’t an easy proposition — it’s definitely nothing to be done lightly. However, there are times it’s the right thing to consider. Sometimes, a parent goes absent for years without showing any sign of support for the child. Sometimes, someone should just never have been a parent in the first place.

If you believe that having your child’s other parent remain in his or her life is actually harmful to him or her, here’s what you should know about your options.

Section 161.001 of the Texas Family Code outlines the situations where involuntary termination of a parent’s rights is possible. They include:

• Leaving the child with another nonparent and expressing the intention not to return for that child

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 Posted on March 27, 2019 in Firm News

As a resident of Texas who finds yourself involved in a child custody case, you will undoubtedly hear the term “the best interests of the child” referenced regularly throughout court proceedings. While, in some cases, it is relatively easy for courts to determine which parent or person seeking custody would provide a better environment for a child, in other situations, both people seeking custody may prove suitable guardians.

Therefore, the courts needed to come up with a way to make custody decisions that consider the best interests of the child, as opposed to the bad things two parents or potential guardians might have to say about one another. So, what exactly does a judge or court consider when trying to determine the best interests of a child?

“Best interests of the child” criteria

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 Posted on March 18, 2019 in Family Law

Texas is serious about a parent’s obligation to support their children. If you have any doubt about it, just take a look at some of the recent arrests that have been made for failure to pay support.

In what has been described as a “multi-agency operation” orchestrated by the combined efforts of the Longview Police Department, the Texas Attorney General Office and the Gregg County Sheriff, six major offenders who had skipped out on their child support payments were taken into custody.

The officers involved in the busts began serving simultaneous warrants on individuals at 4:00 a.m. on March 11. The authorities stress that this is the beginning of their efforts to round up “deadbeat” parents — so more arrests are likely to follow soon.

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 Posted on March 14, 2019 in Divorce

A lot of people have a hard time putting their finger on exactly what went wrong in their marriage — or when. Unless there was a shocking act of betrayal, infidelity or addiction, most marriages simply breakdown slowly until there just doesn’t seem a good reason to stay married any longer.

But, why? Well, researchers have found that there are essentially four behaviors that tend to drive marriages into a grave. Here they are in a nutshell:

1. Assigning blame

Another way to phrase this is, “jumping to conclusions.” For example, when you get home from work, and the house is a mess, and dinner isn’t ready, do you ask your spouse, “What happened? Is everything okay?” or do you automatically assume that your spouse got distracted by a book or a new Netflix series. Giving your spouse the benefit of the doubt is important. If it turns out that your spouse did lose track of time, acknowledge that it could happen to anyone and offer to help — rather than throwing all the responsibility for fixing the problem back on your spouse.

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 Posted on March 07, 2019 in Divorce

You and your spouse have decided to get a divorce — and it isn’t a cordial one. Your spouse abruptly abandons you, the marital home and the majority of the debts and doesn’t seem to care much about what’s happening to your credit.

What do you do now?

First, don’t rush out to file bankruptcy just yet. While it’s unpleasant to deal with a bunch of mounting debts and the increasingly anxious contacts from creditors, you need to worry about your own financial future just now — not your creditors.

If your spouse is willing to delay the divorce, it may be to your advantage to file a Chapter 7 bankruptcy prior to your divorce. That will clear away a number of debts (if not all of them) and make the division of marital assets much easier once you do get around to divorce. Since a Chapter 7 bankruptcy typically is over in a matter of months, this could appeal to your spouse even if you aren’t on great terms.

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 Posted on February 26, 2019 in Firm News

Custody battles are won and lost on a lot of different issues — but one of the most important things you can do to protect your right to custody is to make sure that you’re involved in your child’s education.

There are several reasons for this.

1. It’s part of a parent’s job

One of your responsibilities as a parent is to make sure that your child is obtaining an education. You never want to give your ex-spouse a chance to say that you don’t take that responsibility seriously.

Demonstrate your concern for your child’s education by checking your child’s backpack for graded papers and assignments and assisting with homework when you have custody. Make certain that you sign the child’s homework or workbook when necessary.

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 Posted on February 21, 2019 in Child Custody

You love your children, so it’s only natural that you may want them to live with you and not your spouse after your divorce. Your spouse likely feels the same way.

Before you get into a protracted custody battle, however, you may want to consider doing something that psychologists recommend: Ask your children where they want to live.

Many divorced couples choose joint custody, which means that the kids have to be constantly shuffled back and forth between households. Psychologists say that this is probably fine for kids under 10 years of age — especially since children that age need the reassurance that they’re loved and important to both parents. After that age, however, parents who don’t talk to their kids about custody arrangements may be making a serious mistake.

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 Posted on February 16, 2019 in Firm News

Going through a divorce as a parent is rarely easy, but in some cases, things can get so ugly between the parents that one or both of them wind up trying to turn a shared child against the other in a process known as “parental alienation.” Parental alienation can take on any number of different forms, but at its core, it involves one parent taking actions in an attempt to make the shared child reject or turn against the other parent.

As you can imagine, parental alienation can have a substantial and negative impact on a child. Research indicates that this type of treatment is, in fact, a form of emotional abuse. It can have a serious influence on your child’s overall mental and emotional health. So, how might you be able to tell if your child’s other parent is trying to turn him or her against you?

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 Posted on February 14, 2019 in Divorce

How do you know if you’re ready to get a divorce? If your spouse asks for one, you may have no choice. However, what if you and your spouse seem to just be uneasily drifting along, unhappily together? When is it time to call an end to a marriage?

Experts say that people often think about divorce for a long time — but that doesn’t necessarily mean that they’re ready for the reality of it. How do you know that you’re ready for divorce?

1. You’re making the decision “cold.”

Making the decision to seek a divorce when you’re angry or upset is often unwise. If you feel calm and cool about your decision, you’re more likely to be ready to handle the consequences of that choice.

2. You’re ready to give up on the life you pictured.

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 Posted on February 08, 2019 in Family Law

Adopting a stepchild can be a wonderful experience — and a move that will cement your family together forever. However, stepparent adoptions have some unique concerns that should be addressed.

Let’s talk about some of those concerns and discuss ways to deal with the issues that may arise:

1. The reason the birth parent is not in the picture

Most of the time, parents in this situation know exactly why the birth parent is no longer involved in the child’s life. Your stepchild, however, may have a lot of unspoken questions — and maybe a few insecurities that go along with the situation.

Tips for dealing with the issue:

• Make it clear to the child that you’re willing to discuss the situation. Put your own feelings in check — particularly if they’re negative about the birth parent — and remember that what you say can have serious consequences for the child.

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