With Strength And Compassion
Since 2005, all couples involved in custody proceedings are required to submit a parenting plan setting out the duties and rights of both parties. Unfortunately, it can be difficult to come to an agreement regarding access to the child or which parent will provide the primary residence. Judges are then required to modify or create the plan themselves, meaning that…
As of March 1st, Texas family courts began applying new standards to child custody evaluations. These court ordered evaluations are performed by experts who are trained to make determinations regarding the fitness of parents as well as the suitability of their respective homes as a residence for the couple’s children. The evaluator’s report is then used as evidence during the…
In Texas, the legal rights and responsibilities of a parent who retains custody of a child is referred to as a conservatorship. Although a family law judge can set the terms of a conservatorship, it is much simpler and less stressful if the parents can come to an agreement outside of the courtroom, so if you are considering a divorce,…
Texas is one of only a handful of states with a provision that is designed to protect sexual assault victims in the event that a child is conceived. This law allows women to seek termination of the father’s rights through family court. Unfortunately, there are some key flaws in this provision. On one hand, women may attempt to abuse the…
Estimates suggest that around one million couples divorce in America each year. A percentage of those couples are parents of children with special needs. Often more prone to experiencing emotional distress during the changes that may occur during and after a divorce, the special medical, behavioral, therapeutic, and/or basic care needs must continue amidst the chaos. As such, divorcing parents…
Today, more grandparents than ever are the sole legal and financial custodians of their grandchildren. In many other households, the ties are less formal yet almost equally as strong. For example, many parents and children live with a grandparent, who assumes most of the financial and caretaking duties. In other cases, parents and children live separately, but remain at least…
Emotions are very high during and after a divorce or complex child custody proceeding, and parents should take care that these feelings do not corrupt future co-parenting efforts. Although it may be difficult to do so, do not make negative comments about your ex-partner in front of the children. This language makes the children feel guilty and lowers their self-esteem.…
Even though a considerable amount of time and effort are poured into complex custody orders, they are not meant to last forever. In fact, as a rule of thumb, most such orders should be modified at least one every three or four years, to keeps pace with a family’s changing needs. Frequent modification is important, because “side agreements” are always…
In a development that placed the spotlight back on parental alienation syndrome in complex child custody cases, two missing teenage siblings were recently reunited with their divorced father whom they claimed was physically abusive. The saga began when a Minnesota court granted the girls’ father sole custody in a divorce proceeding. Shortly thereafter, the 16- and 17-year-old girls ran away…
The Texas Family Code states that all visitation and custody orders must be in the best interests of the children, but the law gives little direction in terms of making that determination. Thirty years ago, the Texas Supreme Court released its landmark decision in Holly v. Adams. Parents, practitioners, and judges still rely on this opinion to legally determine the…