Powers Kerr & Rashidi, PLLCPowers Kerr & Rashidi, PLLC2026-09-25T15:31:28Zhttps://www.pkrfamilylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1504609/2025/07/cropped-siteicon-powers-kerr-32x32.jpgOn Behalf of Powers Kerr & Rashidi, PLLC<![CDATA[How to oppose a child relocation request in Texas]]>https://www.pkrfamilylaw.com/?p=479172026-09-25T15:31:28Z2026-09-25T15:31:28ZReview the existing custody order
If you are the nonmoving parent, you may oppose the request and ask the court to consider whether the relocation is in your child’s best interest. Many Texas orders include geographic restrictions that limit where the child can live. If the proposed move violates that restriction, your ex-spouse will need court approval before moving.
The custody order may also set out specific rights regarding possession, visitation and decision-making authority, all of which may be affected by relocation. Knowing exactly what the order says can help you determine which legal arguments may apply to your case.
Prove why the move is not in the child’s best interests
Texas courts focus on the child’s best interests when deciding relocation disputes. To oppose the move, you need to gather evidence showing that the relocation would harm the child’s stability, school performance or emotional well-being. For example, you may argue that the move would reduce frequent contact with you or key support systems.
You can also voice concerns about your relocating ex-spouse’s motivation, for example, if the move aims to disrupt your parenting time. The more specific your concerns are, the stronger your position will be in court.
Take prompt legal action
You may need to file a formal objection, request an emergency hearing or ask the court to enforce the current custody order. Delaying your response could weaken your position, especially if your ex-spouse has already made plans to move.
A lawyer can help you understand the proper filings, deadlines and evidence needed to support your case. Because relocation cases can become complex, prompt legal action is essential to protecting your rights and your relationship with your child.
By carefully reviewing the existing order, gathering evidence and keeping the focus on your child’s safety and well-being, you can build a meaningful and persuasive objection to the proposed move.]]>On Behalf of Powers Kerr & Rashidi, PLLC<![CDATA[What happens to your business in a Texas divorce?]]>https://www.pkrfamilylaw.com/?p=479162026-08-31T15:00:25Z2026-08-31T15:00:25ZFacing divorce when you own a company can feel like your life's work is suddenly at risk. You may not know whether your spouse can claim part of it. Texas law offers a framework, though the outcome depends on your circumstances.
How Texas classifies your business
Texas operates as a community property state. Assets acquired by either spouse during the marriage generally belong to the marital estate. A business established before marriage, inherited or received as a gift ordinarily qualifies as separate property. Your spouse may nonetheless pursue reimbursement when community funds or labor increased its valuation. State law also presumes that property held at dissolution belongs to the community. Overcoming that presumption requires clear and convincing evidence of separate ownership.
How courts decide the split
Texas does not require an even division. Under Texas Family Code § 7.001, a judge must order a division that is just and right. That standard gives the court wide discretion. A judge might award the entire company to the operating spouse. The other spouse could then receive a larger share of cash or real estate to balance the estate.
Valuation and temporary orders
Appraisers review tax returns, financial statements and revenue trends to estimate fair market value. Disagreements are common when each spouse hires a separate expert. Courts may also issue temporary orders while the case is pending. These orders can prevent a spouse from hiding assets or making unusual sales.
Common ways to handle the company
Navigating the division of a business requires careful planning and negotiation. Once the value is settled, you and your spouse can consider several approaches:
Buyout: One spouse keeps full ownership and pays the other for their share.
Structured payments: The buyout is spread over months or years instead of paid at once.
Asset offset: One spouse keeps the business while the other receives assets of equal value.
Sale: Both spouses sell the company and divide the proceeds.
Each option carries different tax and cash flow consequences for you.
Where this leaves your company
Your business may be separate property, community property or some mix of the two. Its value must be measured, and the court then divides the estate in a way it considers fair. Knowing these rules can help you make steadier decisions about your company's future. Cases that involve disputed valuations or competing ownership claims may benefit from a lawyer's input.]]>On Behalf of Powers Kerr & Rashidi, PLLC<![CDATA[What if your spouse secretly took on large debts before your divorce?]]>https://www.pkrfamilylaw.com/?p=479022026-07-28T15:50:10Z2026-07-28T15:50:10ZDiscovering that your spouse has been hiding debt is a jarring experience. On top of the emotional weight of divorce, you may now be wondering whether those debts could become your problem. In Texas, the answer depends on a few important factors. Understanding how Texas law treats marital debt can help you figure out where you stand.
Signs your spouse may have hidden debt
Hidden debt rarely comes out of nowhere — there are often warning signs that something was off. Keep an eye out for these red flags:
Unfamiliar accounts: Credit cards, loans or lines of credit you don't recognize on your credit report or in your spouse's financial statements.
Unexplained drops in credit score: A sudden change in your joint credit score could signal new debt your spouse never told you about.
Missing financial documents: Tax returns, bank statements or billing notices that vanished or that your spouse never brought to your attention.
Creditor calls or letters: Contact from debt collectors about accounts you've never heard of.
Unexplained cash withdrawals: Large or frequent withdrawals with no clear explanation could point to debt repayment or financial concealment.
Once you spot potential red flags, the next question is what Texas law actually allows you to do about it.
How Texas may protect you from your spouse's hidden debt
Texas is a community property state, but that doesn't automatically mean you're on the hook for every debt your spouse took on. Here are some important points to understand:
Courts may consider whether hidden debt actually benefited the marriage or served a personal or deceptive purpose.
If your spouse wasted marital assets or took on debt fraudulently, Texas courts may assign that debt entirely to them.
Requesting full financial disclosure is a standard part of the divorce process and can help uncover hidden liabilities.
A forensic accountant may be able to trace financial activity and bring hidden debts to light.
Navigating hidden debt in a high-asset divorce is complicated, and having the right support in your corner can make a significant difference in the outcome.Hidden debt is a serious issue, but Texas law may offer remedies for spouses who never knew what their partner was doing financially. Taking the right steps early may protect your financial future.]]>On Behalf of Powers Kerr & Rashidi, PLLC<![CDATA[Can I Relocate with My Kids After My Divorce in Texas?]]>https://www.pkrfamilylaw.com/?p=468862025-07-10T04:47:55Z2025-07-09T07:30:32Z divorce settles, you may be considering a move out of state to start over fresh or to get a new beginning for yourself and your children. However, depending on your child custody agreement and the details of your divorce, you may be unable to move your kids out of Texas after your divorce. In many cases, you must petition the court to allow you to relocate. An experienced Texas child custody lawyer can help you further understand your options.
How Can My Custody Order Affect Relocation?
Your child custody order is one of the first things you will need to consult if you are considering relocation out of Texas. How you go about your relocation depends on the type of child custody you are dealing with. In Texas, this is either a sole managing conservatorship, where one parent is qualified to care for the child, or a joint managing conservatorship, where both parents split the duties of caring for a child.
In general, a sole conservatorship means that a parent does not need to obtain any kind of permission, change to a child custody agreement, or court order before he or she can move out of state with their child. This is because the sole conservatorship has been determined to benefit the best interests of the child or because the other parent is not present in the child’s life or otherwise unfit to be a parent, such as in cases of abuse.
On the other hand, a joint managing conservatorship will typically require permission or a court order that allows one parent to move out of state with the shared children. The parent wishing to move will need to show that the relocation is in the best interests of the child, such as moving to be closer to family that helps care for the child, and not simply something that is being done to interfere with the custody rights of the other parent.
Do I Need to Go to Court Before Moving Out of State?
Suppose your child custody agreement includes a joint managing conservatorship, meaning you split custody or other parental duties with your former spouse. In that case, you will likely need to go to court before moving your children out of state. This process can be difficult and complex to navigate, so you need an experienced Texas child custody lawyer.
Contact a Travis County, TX Child Custody Lawyer
Moving with your children after a Texas divorce is often a stressful process, and you may find it challenging to navigate your relocation in court. A skilled Austin, TX child custody attorney can help aggressively advocate for your rights and help you show courts that an out-of-state move with your kids is the best option. Our attorneys at Powers Kerr & Rashidi, PLLC have over 40 years of combined experience, and we always take a strategic and sensitive approach to child custody issues. Call [nap_phone id="LOCAL-CT-NUMBER-1"] for a consultation.]]>On Behalf of Powers Kerr & Rashidi, PLLC<![CDATA[The Three Cs of Mediation]]>https://www.pkrfamilylaw.com/?p=462972025-07-10T07:02:56Z2025-07-09T06:24:30Zfamily law matter prior to trial. Other times, the parties may attempt to resolve a case before it comes to that point. Mediation is not always successful, but it is almost always worth a try, particularly in a high-asset divorce.
If mediation is an option, the first step is to choose an effective mediator. It is important to use an attorney who practices family law in the area. Anyone else may be unfamiliar with the legal process, with the law applicable to your case and with the judges in that jurisdiction. If a court has ordered the parties to use a certain person, the judge is sometimes willing to reconsider that directive.
Mediations are normally full-day affairs. The parties meet at a neutral location – typically the mediator's office or a conference facility – and the attorneys make brief opening statements. Afterwards, the parties retire to separate rooms and the mediator conducts shuttle diplomacy by conveying offers and counteroffers until an agreement is reached.
Civility
Because the parties spend most of the time in separate rooms, there is almost no emotional conflict. There are no live witnesses, although the mediator does have access to all witness statements, affidavits, and deposition transcripts. This environment is much more conducive to a rational dialogue based on the law as opposed to an emotional confrontation where the parties "vent."
This civility is a good foundation for a post-divorce relationship. The two parties do not have to like each other, but they do need to work together, especially if minor children and/or complex child custody issues are involved.
Cost
It is nearly impossible to determine an average cost for complex divorce property litigation, but it is a near certainty that the parties' spending will exceed their original hopes or expectations.
Mediation can achieve significant cost savings. Instead of a three or four day trial, the attorneys participate in a one-day mediation. Instead of extensive preparation for closing arguments, witness examination and cross-examination, evidentiary motions, and other pretrial procedures, a mediation is really only a settlement conference.
Control
Because the parties retain more control in a mediation, voluntary compliance rates are typically higher. Generally speaking, people feel more invested in complex divorce orders that they themselves helped shape. This benefit is particularly significant if one party has problems accepting authority.
For a consultation with an experienced Williamson County family law mediator, contact our office. Our practice is limited to family law.]]>On Behalf of Powers Kerr & Rashidi, PLLC<![CDATA[Trusts and High Asset Divorce]]>https://www.pkrfamilylaw.com/?p=462982025-07-10T07:03:17Z2025-07-09T06:24:30Z high asset divorce lawyer who can advise you.
Irrevocable Trusts
Although Texas courts have not addressed all types of trusts in relation to divorce, a number of judges have indicated that separate irrevocable trusts, when created prior to a marriage, do shield separate property from marital property. As a result, the contents of those trusts are not subject to division upon divorce. In fact, even the income from these types of trusts, even if it was earned during the marriage, will remain separate property and so also won’t be subject to division. However, this is only true if the beneficiary of the trust, whether the spouse him or herself or a third party, will not be considered to have a present possessory right to any of the assets contained in the trust. In the event that the trustor is granted a present possessory right to a portion of the trust, then the income would become marital property and would have to be divided equitably between the parties.
Trusts created in a will or as part of a gift may also be protected from a spouse upon divorce, as it is well-established in Texas that gifts and inheritances given to one spouse during a marriage, will remain in that individual’s sole possession after divorce. There are, however, some exceptions to this when it comes to trusts, so even those who receive trusts as a gift or as part of an inheritance should still speak with an attorney.
It’s also important to note that one spouse’s decision to siphon marital property into a trust during the marriage in an effort to deplete the couple’s estate prior to divorce constitutes fraud, giving the other spouse the right to seek compensation in return.
Call Our Legal Team Today
If you are going through a divorce and have unique or valuable assets, you need the advice of an aggressive Georgetown high asset divorce attorney who has the experience and resources to protect your interests. This is especially true for couples who have established trusts, as this is still an evolving area of the law. At Powers Kerr & Rashidi, PLLC, our legal team can walk you through your options. Please contact us today to learn more.
Source:
https://www.baylor.edu/law/facultystaff/doc.php/199726.pdf
https://www.forbes.com/sites/jefflanders/2012/07/18/can-a-trust-protect-my-assets-in-divorce/#7cb54705377d]]>On Behalf of Powers Kerr & Rashidi, PLLC<![CDATA[What Happens if My Divorce Goes to Trial in Texas?]]>https://www.pkrfamilylaw.com/?p=462772025-07-10T07:06:00Z2025-07-09T06:24:29Zdivorce cases in Texas are settled outside the courtroom, typically using mediation to resolve disputes. However, if your case goes to trial, you need an Austin, TX divorce attorney to aggressively represent your best interests. Consider some elements of a litigated divorce, and then talk to an experienced lawyer about what the process could look like for you, including options that allow you to avoid a lengthy and expensive courtroom battle.
What Are the Types of Trials for a Texas Divorce?
In Texas, there are generally two types of trials for divorce. In most cases, a judge will hear the case. This is known as a bench trial. However, occasionally, a jury will hear the case, but juries have limited abilities in divorce proceedings.
Jury Trial for a Texas Divorce
According to Texas law, a jury can make decisions about child custody, grounds for divorce, and property characterization. Jurors can designate who will get primary physical custody and determine whether the grounds for divorce alleged by either spouse are valid. For example, if you filed for divorce on the grounds of adultery, the jury can decide whether the evidence shows that those grounds are true. They can also categorize property as community or separate property. However, they cannot make decisions about how property is divided, and they do not address child or spousal support.
Bench Trial for a Texas Divorce
Bench trials do not involve a jury. The judge will hear everything about the case and make all the final decisions about the following:
The terms and amounts of child support
The terms for visitation and access to the child
How community property will be divided
Whether either spouse will receive alimony
The amount and duration of alimony payments
The judge can also make decisions about protective orders if issues regarding domestic violence are a concern.
What Does the Divorce Trial Process Look Like in Texas?
Some basic elements of a divorce trial include discovery, pre-trial motions, presentation of evidence, and the final ruling. During discovery, both sides will collect evidence. You may have to answer written questions, produce documents, and give sworn testimony called a deposition. Then, your attorneys can make requests, called motions, to the court before the trial. For example, you may ask that the judge rule on something before the trial begins.
Both of you will have the opportunity to present your evidence, which may include financial records, photographs, and witness testimonies. If necessary, your attorney may have experts testify on topics like child custody and property division. Finally, the judge will make final decisions for all contested terms and issue a final decree.
Talk to an Austin, TX Divorce Attorney Today
If you are concerned that your divorce is headed for trial, there are likely complexities in the process that require the help of an experienced and knowledgeable Travis County, TX divorce lawyer. At Powers Kerr & Rashidi, PLLC, we are here to guide you, offering insight into the nuances of divorce litigation and ensuring you understand your rights and legal options. Call [nap_phone id="LOCAL-CT-NUMBER-1"] and schedule your initial consultation to get started.]]>On Behalf of Powers Kerr & Rashidi, PLLC<![CDATA[Tragic Murder-Suicide Leaves Child’s Guardianship in Question]]>https://www.pkrfamilylaw.com/?p=462852025-07-10T07:03:15Z2025-07-09T06:24:29ZJavon Belcher, a linebacker for the Kansas City Chiefs, argued with his girlfriend, Kasandra Perkins before a team meeting. Perkins was the mother of his daughter, 4 year old Zoey Michelle Belcher.
The argument about the previous night was punctuated by gunshots; Belcher shot Perkins multiple times, kissed his daughter and then drove to Arrowhead Stadium. He asked to see his head coach, Romeo Crennel and defensive coordinator Gary Gibbs. After thanking them for trying to help and asking them to protect his daughter, he turned the gun on himself.
Authorities turned custody of Zoey Michelle to Cheryl Shepherd. Shepherd, the mother of Belcher, was staying at her sons for two weeks prior to the devastating shooting. Two weeks had passed when Shepherd filed to be Zoey's guardian and conservator of Zoey's estate in Jackson County probate court in Missouri. Unfortunately, at this time, Shepherd no longer has custody of her granddaughter.
Perkins' family lives in the state of Texas and asked for Zoey to visit Texas for her mother's funeral. Since Zoey has been with her maternal grandparents, Shepherd has not heard from them, received return phone calls or had her granddaughter returned to her. Rebecca Anne Gonzalez and Darryl Perkins have also filed a lawsuit to seek temporary custody of the girl and have her home be in Tarrant County in Texas. They also asked for a social study to review the condition of the residence the girl will stay.
Child custody is a very difficult situation to solve, especially when parties are fighting over a precious granddaughter and her million dollar estate. If you cannot come to terms with your spouse during a divorce, then it is necessary to have a divorce lawyer who can fight for your rights. Contact an experienced divorce lawyer in Austin who can help negotiate a custody agreement.]]>On Behalf of Powers Kerr & Rashidi, PLLC<![CDATA[The Importance of a Prenup]]>https://www.pkrfamilylaw.com/?p=462722025-07-10T07:02:41Z2025-07-09T06:24:28Zprenup.
A prenuptial agreement is a plan that addresses the financial consequences if a marriage does end. There are many important reasons why couples should have one in place before the wedding. If one of the parties is wealthy and the other is not, it protects both in the event of a divorce, by clearly spelling out what each party is entitled to upon the dissolution of the marriage.
If one party is bringing a high load of debt into the marriage, a prenup can help make sure the other spouse doesn't become responsible for paying those debts if the marriage ends.
When one of the couple owns a business, a prenup ensures that an ex-spouse does not become a permanent business partner. Prenups also help keep prior estate plans in place.
If you are considering a prenuptial agreement, it's important for the couple to both consult with attorneys. By not doing so, there is the risk that the agreement could be ruled as invalid in future divorce proceedings. That's what happened to one couple recently, when the judge presiding over their divorce ruled that the wife had been coerced into signing the agreement.
The wife claimed the husband had threatened to cancel the wedding just days before it was scheduled if she didn't sign the agreement. He also told her he would tear up the agreement once they had children. But three children later, the husband introduced the agreement during their divorce proceedings. The judge agreed with the wife and ruled the agreement was invalid.
If you are considering a prenuptial agreement, consult with a qualified Austin family law attorney to make sure you are fully protected in the event your happy ending doesn't turn out that way.]]>On Behalf of Powers Kerr & Rashidi, PLLC<![CDATA[How Is Artwork Valued and Divided in a Texas Divorce?]]>https://www.pkrfamilylaw.com/?p=470912025-07-10T05:30:31Z2025-06-22T07:55:48Zcomplex divorce requires an understanding of community property laws and appraisal standards. An experienced Austin, TX high-net-worth divorce attorney can help.
Is Artwork Considered Community or Separate Property in Texas?
Texas is a community property state, as outlined in Texas Family Code § 3.002. According to this law, most property acquired during the marriage is presumed to be jointly owned by both spouses and is, therefore, subject to equal division. However, the statute identifies certain property, including gifts, inheritances, and assets owned before the marriage, as separate property that is not subject to division.
Whether artwork qualifies as community or separate property depends on how and when it was acquired. For example, if a painting was purchased with marital funds or acquired as a joint investment, it is likely community property. However, if one spouse received the painting as a gift or inherited it, it may remain separate and belong solely to that spouse. An exception would be if the painting was somehow commingled with marital assets. In that case, the lines begin to blur.
As of June 2025, Texas courts – in accordance with Texas Family Code § 3.001 – continue to require clear and convincing evidence to prove that an asset is separate property. Proper documentation, such as bills of sale and inheritance records, is essential for proving classification during divorce proceedings.
How Do Texas Courts Determine the Value of Artwork?
When artwork is classified as community property, valuation is often a necessary part of dividing it. Determining fair market value requires enlisting specialized expertise, and the court may rely on professional appraisers to evaluate each piece and determine the value. If spouses disagree on the valuation, each party may present their own expert testimony for the court.
How Can You Protect Valuable Artwork During Divorce in Texas?
Taking steps early in the marriage is typically the most effective way to protect valuable assets like artwork and collectibles. Some common strategies include:
Prenuptial and postnuptial agreements: You can explicitly define certain artwork as separate property and set terms for its division in a prenup or postnup.
Trusts: Holding artwork in a properly structured trust may offer asset protection and shield it during a divorce.
Clear documentation: Keeping records of purchases, appraisals, gifts, and inheritance can help support separate property claims.
High-net-worth individuals often keep thorough financial records, including documentation of high-value purchases. Work with an experienced attorney to help you gather the evidence needed to prove separate property claims.
Schedule a Consultation With an Austin, TX Divorce Attorney Today
If you own valuable artwork or collectibles and have concerns about how they will be divided during a complex divorce, you should speak to the board-certified family law team at Powers Kerr & Rashidi, PLLC. Our Travis County, TX divorce lawyers have extensive experience in handling unique and high-net-worth assets. We understand the importance of accurate valuation and fair distribution for complex property. Contact us at [nap_phone id="LOCAL-CT-NUMBER-1"] today to schedule a consultation and discuss the unique issues related to your divorce.]]>