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Recent Blog Posts
Protections You Can Get in a Restraining Order
If you have been targeted by family violence, a protective order can provide you with necessary relief. A judge can grant a temporary restraining order based solely on your testimony. However, if you want long-term protection from your abuser, you will have to attend a court hearing and present evidence to support your case.
During this sensitive time, a Texas family law attorney can provide you with legal guidance and advocacy. At Powers Kerr & Rashidi, PLLC, we have over four decades of experience in issues of family law, including protective orders. When you work with us, we will do everything in our power to shield you from domestic violence.
Prohibiting Contact and Communication
If a judge grants a protective order, your abuser will be prohibited from threatening or harassing you or other persons protected in the order. Depending on the judge’s decision, your abuser could be barred from making any contact at all without an attorney.
Tips For Long-Distance Parenting After a Divorce
A long-distance move can drastically alter a family dynamic after a divorce. Maybe your former spouse relocated with your child to another state. Maybe you seized an opportunity and got a job far from home. Whatever the case, you may find that it is much harder to maintain a close relationship with your child when you are separated by dozens, if not hundreds of miles.
That being said, you can still be there for your child even if you are not "there," strictly speaking. A Texas family law attorney at Powers Kerr & Rashidi, PLLC can help you figure out a new arrangement for custody that promotes a bond between you and your child over a long distance.
Make Frequent Contact
Staying in touch with your child sounds simple enough, but it can be complicated by external factors like time zones and work/school schedules. Setting aside just a little time per day or week to call and check in with your child can make a big difference. If your child is old enough to have a cell phone, you might have an easier time than trying to contact your child through your co-parent.
When Can I Get Sole Custody in Texas?
In Texas, the courts prefer that both parents remain involved in a child’s life after a divorce. However, there are some cases when a joint custody agreement is not advisable or healthy. If you fear that your spouse poses an imminent danger to your child, you may have to aggressively petition for sole custody.
This goes beyond not liking your spouse or a personal grudge. To get approved for sole custody, you must demonstrate to a judge that your child is not safe with the other parent. A Texas child custody lawyer can advocate for your child’s best interests. At Powers Kerr & Rashidi, PLLC, our board-certified family law attorneys are prepared to take on your case, working with you to reach an optimal resolution.
Abuse and Cruelty
If your spouse has a prior history of physical abuse, the courts may consider granting you sole custody. The violence does not need to be directed at your child – any incidents of domestic abuse directed toward you or the child’s siblings may factor into the court’s decision. Your spouse could also be denied custody if he or she has physically abused a minor within the past two years, even if the victim did not belong to your family.
Is Getting a Fault-Based Divorce Worth It in Texas?
Texas recognizes grounds for fault-based divorce, which means that you can hold your spouse legally responsible for the collapse of a marriage in court. Naming your ex at fault for a divorce can give you leverage, but it is not a route you should pursue without first considering your other options.
If you are thinking about taking your partner to court in a fault-based divorce, an Austin, TX family law attorney can provide you with legal advice and strong representation from beginning to end of the process. At Powers Kerr & Rashidi, PLLC, our lawyers have extensive experience litigating complex divorces, protecting our clients’ best interests through skilled advocacy.
The Length of a Fault-Based Divorce
Before you file for a fault divorce in Texas, you should take the length of the legal proceedings into account, and whether or not you are comfortable with a longer divorce. Compared to a no-fault divorce, fault divorces tend to last much longer due to the highly argumentative process.
Can a Child Choose Who to Live With in a Texas Divorce?
A divorce can be an emotionally charged ordeal, especially when children are involved. If you and your spouse cannot agree on issues of custody outside of court, it may fall to a judge to make a final decision. Parents going through a divorce may wonder if a child can choose where to stay, and the answer is more complicated than a strict yes or no. However, your child’s wishes should be an active consideration in these discussions whenever possible, whether you resolve the matter in or out of court.
If you are going through a divorce with children in Texas, you may want to consider seeking the legal guidance of an Austin, TX family law attorney. At Powers Kerr & Rashidi, PLLC, we have experience in complex child custody disputes, and when you work with our firm, we will help you work toward the best solution.
The Age of the Child
In Texas, a child of a certain age will have more agency in custody decisions. Children older than 12 can be interviewed by a judge to determine his or her wishes regarding the choice of primary residence. Children younger than 12 may also be interviewed, but this is not mandatory. Note, however, that the child’s wishes expressed in an interview with a judge do not supersede the child’s best interests according to the court. Rather, the interview is only one factor out of many that will be weighed in a custody decision. At age 18, the child has the freedom to decide where to live.
Splitting Up a Shared Business in a Texas Divorce
Whether you started a business with your spouse or had an existing business before you married, you may have to make a tough decision about what will become of the company if you get divorced. Finding a solution that works for you and your spouse may help you avoid trouble later down the line, so as not to interfere with your business’s daily operation.
A Travis County, TX divorce lawyer can provide invaluable assistance throughout your divorce, seeing that your business is properly valued. At Powers Kerr & Rashidi, PLLC, our attorneys will make sure that your best interests are protected in negotiations with your spouse, and if necessary, our talented litigators can advocate for your rights to your business in court.
Maintaining Joint Ownership
If you and your spouse part on amicable terms, you may find that it is best to continue working as business partners after a divorce. The main benefit of this option is the lack of disruption to the daily operations of the business. Some spouses may be able to easily compartmentalize their work lives and their personal lives, but of course, this is not always a reasonable possibility. If you can set aside your differences with your spouse in a low-stress setting like mediation, you might agree to continue running the business as before, with some new boundaries in place.
Less Common Assets in Texas Divorces
When assets are split up in a contested divorce in Texas, you might just expect to be dividing up your shared wealth, the marital home, and shared possessions. However, you may find that the process of asset division is far more complicated. Your marital estate can extend well past what you can see in front of you, and you could lose more than you anticipate when taking your divorce to court.
A Travis County, TX family law attorney can advise you during the process of complex property division and advocate for your rights in the courtroom. At Powers Kerr & Rashidi, PLLC, our lawyers have real trial experience with contentious divorces, and we will use the full breadth of our legal knowledge to secure your rights to your property.
Shared Businesses
You may not think of a business as a traditional asset, but the courts are sure to scrutinize your company to see if it qualifies as marital property. As with any other asset, a business is more likely to be labeled as your own separate property if it was established before the marriage or if it was passed down to you as a gift or inheritance. However, business ownership in a marriage can easily become commingled if you invest in the business using marital funds or if your spouse contributes towards its growth. In that case, you may be responsible for compensating your spouse, whether by maintaining joint ownership, buying out his or her interests, or selling the business and splitting the funds.
The Biggest Issues in Contested Divorces in Texas
When a divorce goes through court, the arguments can get intense. If you are going through a dissolution of a marriage in Texas, you should be aware of the key issues that are likely to come up between you and your spouse. A skilled Travis County divorce attorney can help you navigate the challenges of a contested divorce, speaking on your behalf before the judge and making sure that your best interests are properly represented. At Powers Kerr & Rashidi, PLLC, our lawyers are board-certified in family law, allowing us to provide knowledgeable counsel at any stage of a divorce.
Division of Property
In Texas, assets in a divorce are considered either community property or separate property. Community property refers to any property acquired during the marriage, while separate property belongs to one spouse alone. Keep in mind that most property in a divorce is assumed to be community property until proven otherwise. Property split up in a divorce may include the marital home, investments, bank accounts, and vehicles, among other things.
What Should I Do if My Ex Violates a Protective Order in Texas?
When a relationship becomes a risk to your safety, the best legal recourse you can often take is to file a protective order. The main advantage of a temporary restraining order is that it can be filed quickly at a courthouse to get relief until a judge schedules a future hearing for a full order of protection. However, if your partner or ex does not comply with the order of protection, you may have to take additional legal measures to protect yourself. A family law attorney in Travis County, TX can guide you through the steps of obtaining and enforcing an order of protection. At Powers Kerr & Rashidi, PLLC, we take threats against you and your family very seriously, and we will defend you to the fullest extent of the law.
Get to a Safe Place
First and foremost, if you believe you or your family are at risk from an abuser who has already been sanctioned by an order of protection, you should head to a safe place, such as your home or the residence of a trusted friend or relative. Make sure any children or other vulnerable family members are accounted for and avoid direct contact with your abuser.
Do Grandparents Have Rights in Texas?
Grandparents in Texas can request child visitation or even custody of their grandchildren in certain situations. Parents are typically the primary decision-makers in a child’s life, but the law recognizes that not all families are privileged to have healthy, capable parents and sometimes grandparents can play an important role in a child’s well-being. If you are seeking protected involvement in your grandchild’s life, speak with an experienced Austin, TX family law attorney to understand your rights and discuss the process of seeking visitation or custody in Texas.
When Can Grandparents Seek Visitation or Custody?
Grandparents can request custody or visitation in Texas under specific circumstances. If they meet the conditions, it does not mean that their requests will be granted, only that they could be processed and considered by the court. Some of the situations when grandparents can request visitation or custody include:
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