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Family Law – How Does a Newborn Affects Current Child Custody Order? Perhaps you just had a baby. Congratulations! After you celebrate, take a look at your court order with your attorney. It is important to discuss how the new addition will affect any current child custody and child support order. Texas Family Code allows modification if there is a “material change of circumstance;” that is, if the person ordered to pay child support (Obligor) has a baby, then situations have changed. Where the Obligor (the person paying child support) has a new child, it is considered a material change in…Read More

Ten Things Non-Custodial Parents Should Know About Paternity And Child Support A non-custodial parent, also known as a possessory conservator is the parent who has the right to spend time with the child. He or she has access to child and has legal right to know what is going on with the child. In Texas family courts, this is called ‘access and visitation’ or ‘possession’. A non-custodial parent does not have primary custody of the child. The custodial parent, also called a managing conservator, has the right to decide the child’s residence. Some people call conservatorship custody.’ There is a…Read More

Contempt Is Disobedience To Court Order. What Do You Do When The Other Party Is In Contempt? It is disappointing and tasking when your child’s other parent refuses to follow the court’s order on access and visitation. When such situation arises, there are solutions. How do you enforce the court’s order when the other parent fails to follow through? First, we define enforcement. This is a court proceeding that forces a disobedient person to obey its order. Otherwise, they are in contempt of the judge’s ruling. These types of proceedings apply to: Child visitation Child custody (conservatorship) spousal maintenance child…Read More

Non-Custodial Parent Is Paying Child Support For His Dependent Children - Can He Claim Them As Dependents? Response According to HR Block: “There is not a child support tax deduction available. Instead, the amount of child support you provide usually doesn’t matter. To qualify as a dependent, the child must not provide more than half of his or her own support for the year. The child must live with you more than half of the year. So, the child of divorced or separated parents is usually the qualifying child of the parent the child lived with the longest. This is the custodial…Read More

A Hybrid Law Firm? Interesting. When I meet someone (usually other attorneys) at networking events or talk to other business-owners and they ask about my business, I pause. Mostly because I know it will take another few minutes to really explain how my law firm’s business structure. And that is only the introduction. Usually, our conversation sounds like this: “So, how do you juggle family life and managing a legal practice?” “I manage a hybrid law firm.” “Uhhh…what is that? How does that work?” “Well, our ultimate goal is to provide quality legal care to clients. In a hybrid practice,…Read More

When couples say they are “legally separated,” they generally mean they have been living apart for ome months or years. In Texas, legal separation is not recognized. That means, you can’t marry someone else under the assumption you are divorced where there is no divorce decree. So, when you live apart from your spouse, the property you and your spouse acquire while separated remain community property. Even if the car or house is under your name, the title or ‘name’ will not change the its class. Also, the debt your spouse accrue is community debt. Ouch! They could be racking…Read More

How Does The Court Determine What Is In The Child’s Best Interest? There are factors in the Texas Family Code which help judges make the decision as to what is in the best interest of a child. Here are some of the things a judge may consider when ruling what is best for a child: The emotional and physical danger to the child now and in the future The child’s emotional and physical needs, now and in the future. The parenting abilities of the individuals seeking custody. The desires of the child. The programs available to assist parents in promoting…Read More

Do I Need An Attorney To File A Divorce? It Depends. Filing for divorce can be complex, even when both parties agree to separate and file for divorce. If assets and children are involved, filing a petition is just the first step. Until, the judge signs the Final Divorce decree, the divorce is not official. When do I need an attorney for my family law case? Generally, you need an attorney if you answer yes to any of the following: You need guidance through the divorce and legal process. There is a disagreement about the marital properties (what you own).…Read More

Can The Petitioner Modify A Temporary Order Before It Is Signed? First, it is important to understand how modification works. The purpose of a temporary order is to create a sense of stability before final order. Also, in a case where parents have filed for divorce, the court wants to avoid moving the children back and forth before trial ends; therefore, keep in mind, it is temporary – not permanent. Judges are reluctant to modify a temporary child custody order unless there is a compelling reason that cannot wait to be resolved at trial- such as when a custodial parent…Read More

This is a must-read for artists and music lovers. Check out the full article on BMI For songwriters getting ready to demo a song, it’s essential that you choose a professional recording studio with qualified personnel. However, if you haven’t spent much time in the studio, it can be tough to know what distinguishes true professionals from amateurs. As a second part to my article on demo singers, I’m going to delve into the specifics of what you can expect from top-notch studio pros, beginning with the engineer and moving on to the producer and finally the session musicians themselves. The Engineer…Read More