Texas is a community property state where all qualifying marital assets are divided in an equal manner. Because of this, taking a proactive approach to ensure there are no hidden assets during the division of property can make a substantial difference in one’s ultimate divorce settlement. Thankfully, some measures can be taken to minimize the chances of this situation happening.
Carefully analyzing any voluntary disclosures of assets made by one’s partner is an important first step during this process. Some examples of marital property that are often purposely or mistakenly omitted from these disclosures include the following:
There are professional resources available as well, such as a forensic accountant, who can help if any issues arise over the proposed valuations of these items.
There are other measures available that have the potential to prevent a spouse from disclosing a limited amount of the eligible marital property. Forcing the other party to provide sworn testimony to the court, acquiring the services of a private investigator and using interrogatories to obtain detailed financial information could all prove invaluable to this cause. Last but not least, the guidance and support from an experienced family law attorney can help minimize any issues or problems that arise during the divorce process, allowing for a much smoother transition into the future.
]]>If so, a parent must convince the court that the children in question would be better off in the full custody of the parent making the request rather than in a shared custody arrangement with both parents. The court must be convinced that the kids are better off with one parent over the other. Since most judges believe children of divorce fare best when they maintain active relationships with both parents, a parent requesting sole custody must provide a justifiable reason why it would be in the children’s best interests.
A family court judge makes child custody decisions in a divorce by reviewing the merits of the case and considering applicable guidelines. Here are some of the reasons why a parent might be granted sole custody:
While this list is not extensive, it provides examples of justifiable reasons for seeking sole child custody in a divorce. A judge can act at his or her own discretion to grant or deny such a request.
Even if the other parent does not like the idea of his or her ex having sole child custody, if the judge grants the request, so be it. Both parents must comply with the court order. If a parent does not obey a court order, the other parent can return to court to ask the judge to enforce the order. It is best to seek legal counsel in such circumstances.
]]>It can be heartbreaking to lose access to your grandkids. Not only does this impact you, but it can also affect them as well. If you are facing a similar situation, it is in your interests to seek insight regarding the rights that grandparents may have and how they can seek access to their grandkids in certain circumstances.
Biological parents have rights, even after a divorce. They get the final say over their kids, including where they live, where they go to school and who they spend time with. Unless there is evidence of abuse or neglect, the courts will always give preference to the parents. However, that does not mean that a court will not consider the benefit of providing grandparents access to their grandkids to some degree. This is most common in situations in which there has been a divorce or one of the parents has died.
There may also be times during which the court may grant custody to grandparents. This is more likely in situations in which there is evidence of abuse or neglect by the parents, or they could present a risk to the kids due to drug dependency or alcohol abuse. When making any decision that could affect the kids, the courts will always prioritize their best interests.
Custody and visitation are some of the most sensitive matters to address for Texas parents and grandparents. If you have concerns about being denied access to your grandkids, you may benefit from an evaluation of your case and insight regarding your legal options. It is possible that you have a valid reason to ask the court to grant you the ability to maintain a strong relationship with your grandkids.
]]>Birdnesting is a custody plan in which the children will remain in one home while the parents come in and out when it is their designated parenting time. By allowing the children to remain in their home, it can provide them with benefits that include continuity of lifestyle and security. Some parents believe that this is important for the mental and emotional health of their kids.
Divorce represents a time of change and upheaval for children. Proponents of this type of custody plan say that birdnesting has allowed their kids to avoid much of the emotional fallout often experienced in a divorce. While this plan could work for some, the expense of this custody strategy for the parents could be difficult to manage.
There is no single perfect approach to child custody. For someone who is considering birdnesting or another custody plan, it may be helpful to speak with an experienced Texas attorney regarding the options available. This experienced insight can be useful when making such important choices that will impact a family for years to come.
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