Recent Blog Posts
Can I Increase My Parenting Time in Texas?
Divorce can take a toll on families, especially when it comes to parenting schedules. In Texas, what is commonly referred to as child custody or visitation is officially called conservatorship, possession, and access. When parents get divorced, they are typically given a court-ordered schedule for when their children will spend time with each of them.
The parenting schedule might make sense at the time the divorce is settled, but change happens all the time and what worked then might not work best for your family now. If you want to modify your parenting arrangement so you can have more time with your children, speak with a qualified Llano, TX family law attorney to review your options.
How Does a Standard Possession Order Work?
When parents in Texas get divorced, courts typically use a Standard Possession Order (SPO) as a starting point for working out a parenting time arrangement. The SPO outlines when each parent has time with the child, including during weekends and holidays. This guideline works for many families but it may not suit everyone. If you do not think you have enough time with your children, you can request a modification.
How is Cryptocurrency Addressed in a Texas Divorce?
Cryptocurrency has become an increasingly popular investment. Bitcoin, Ethereum, and other digital currencies allow people to play the market and potentially turn a significant profit. Although it is much more common and there is more awareness about cryptocurrency now than there was only a few years ago, it is still a relatively new topic as far as divorce is concerned.
Since Texas follows a community property model for the distribution of a marital estate, anything a couple obtained when they were married is to be divided equally between the spouses. However, cryptocurrency is not traditional money and it can be difficult to understand how to address it. If you have questions about the impact of divorce on cryptocurrency, a qualified Llano, TX family law attorney can answer.
Cryptocurrency and Community Property
Since Texas is a community property state, the courts consider everything acquired by either spouse during a marriage to be jointly owned by both spouses. With few exceptions, these marital assets are to be divided equally between the two in a divorce. If cryptocurrency was purchased or mined during a marriage, it is typically considered the joint property of both spouses.
Can a Protective Order Stop Domestic Violence?
One of the most traumatic forms of violence a person can deal with is domestic violence. If you are a victim, the family you should be able to trust and the place that is supposed to be your safe space may be the sources of the biggest dangers in your life.
Fearing for your safety is an awful experience to go through, but there are steps the legal authorities can take to protect you, including protective orders, commonly referred to as restraining orders. If you or your children are suffering domestic violence, speak with an experienced Llano, TX family law attorney about pursuing a protective order.
What Type of Domestic Abuse Qualifies for a Protective Order?
You might be surprised to learn that protective orders are not only issued for actual physical violence. They are commonly used to address various types of abuse in intimate relationships, including:
What Happens When Divorced Parents Disagree About Social Media Use in Texas?
When parents go through a divorce, many disagreements can come to light. Whether their arguments are about what to feed their child, how much screen time they should have, or how to handle homework, there are endless potential points of contention.
A law that was recently enacted in Texas aiming to regulate parental control over children’s social media use has highlighted another source for arguments that could have parents seeking to modify their custody arrangement. If you and your ex disagree about which social media practices are appropriate for your child, speak with a reliable Llano, TX family law attorney to understand how to address this.
How Can Custody Arrangements Affect a Child’s Social Media Use?
When parents are involved in a custody dispute, social media usage can be just one of many sources of arguments. One parent might advocate for their child’s safety by seeking to protect the child from harmful or inappropriate content. The other might focus more on helping the child develop healthy independence by encouraging her to make smart choices.
What Happens if I Get Divorced Without a Lawyer? | TX
Many people think about getting divorced without a lawyer to save money and time. While this is possible, it can lead to serious problems. Without a lawyer, you might struggle to understand your legal rights, divide your assets fairly, or address important issues like child custody and child support.
The decisions you make during a divorce can affect your finances and family life for years, so it is important to understand what you are risking if you choose to go through the process without legal help. Call our friendly, experienced Texas divorce lawyer at Law Office of Russ Alan Baker, PLLC to learn more.
Why Do People Get Divorced Without a Lawyer?
People often think about getting divorced without a lawyer for a few reasons. One of the main reasons is to save money. Divorce can be expensive, especially if it involves hiring a lawyer. Some people believe that if their divorce is straightforward, they can handle the paperwork and negotiations on their own. For example, if a couple agrees on how to divide their property and there are no children involved, they might feel confident enough to go through the process without legal help. In some cases, people simply want to get the divorce over with quickly and believe that skipping a lawyer will speed things up.
When Can Texas Courts Order a Paternity Test?
Paternity can be a contested topic. Many parents may find themselves needing to establish paternity with a DNA test to ensure that each parent understands their legal rights and obligations to a shared child. In some cases of paternity disputes, the court may order that the alleged father of the child submit a paternity test. A skilled Texas paternity lawyer can help you navigate the process of establishing paternity whether you are a mother or a father struggling with this issue.
Why Is It Important to Establish Paternity?
Paternity helps a father obtain legal rights to his child, allowing him visitation and child custody rights in the case of a divorce. Paternity will also provide the father with the responsibility to provide financial support to his child. In cases where paternity is questioned or challenged, establishing paternity can help put an end to custody and child support disputes.
Can I Stop My Ex From Gaining Custody in Texas?
Child custody arrangements in Texas are made with the best interests of your shared child in mind. This means that your final child custody arrangement depends on your ex’s behavior and the situation where your child will be the best cared for. In some cases, it may be possible to stop your ex from gaining custody, though many factors can influence this.
An experienced Texas child custody lawyer can help you pursue your child custody case and advocate for a favorable arrangement for you and your child.
Texas Child Custody Laws
In Texas, child custody is referred to as a ‘conservatorship.’ Depending on your specific situation, you may be eligible for a joint conservatorship, which involves both parents, or a sole conservatorship, in which one parent takes on all or the majority of the custody and parenting responsibilities. Even in a sole conservatorship, your ex may be able to visit with your child.
What Do I Do When CPS Wants to Speak to Me in Texas?
Being contacted by Child Protective Services (CPS) in Texas is one of the most stressful things that a parent can deal with, especially if CPS is attempting to contact an investigation due to reports of child abuse or endangerment. As soon as you learn that CPS wishes to speak with you, it is important to contact a Texas attorney knowledgeable in CPS matters to help you navigate your next steps.
What to Expect From CPS
CPS is an organization under the Texas Department of Family and Protective Services. When abuse, neglect, or child endangerment is suspected, CPS is typically contacted by a concerned individual or a mandated reporter. Once a report is received, CPS starts an investigation that may involve interviewing children and their parents, conducting home visits, or working with law enforcement.
How Do I Make My Ex Pay Child Support in Texas?
Dealing with an ex-partner who refuses to pay or neglects his child support payments in Texas can be stressful, and you may require financial assistance to properly provide for your child. It may be possible to make your ex pay his child support, though you will need the assistance of an experienced Texas child support attorney to navigate the enforcement process.
Consequences of Not Paying Child Support in Texas
In Texas, child support payments are taken seriously, and there can be strict penalties enforced when your ex decides to stop paying child support. The consequences of not paying child support in Texas include any of the following:
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License suspension (applies to driver’s licenses, professional licenses, or recreational licenses, such as fishing or hunting licenses)
Can Estate Planning Be Included in a Prenuptial Agreement?
When couples in Texas decide to enter into a prenuptial agreement, they often focus on financial matters. However, considering the importance of estate planning, it is worth exploring whether estate planning provisions can be included in a Texas premarital agreement. To ensure you understand what can and cannot be included in an estate planning agreement, hire a lawyer and discuss your options.
Understanding Prenuptial Agreements in Texas
In Texas, prenuptial agreements can discuss a whole array of concerns, often including money and property. At its foundation, a prenuptial agreement outlines the division of assets between a couple, financial responsibilities during the message, and spousal support if the couple decided to dissolve their marriage. While prenups primarily address financial matters, they can also include provisions related to estate planning.
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