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Planning for a Disabled Child During Divorce
Child custody plans usually only last until a child has turned 18 years old. After that, it is normally up to the child whether he wants to keep living with or visiting each parent. However, if your child has significant disabilities and will be dependent on others for the rest of his life, you and your spouse will need to plan for his long-term care. Most parents who are still married simply establish a legal guardianship when their disabled children turn 18 years old. If you and your co-parent are getting divorced, you should discuss how a future guardianship will work now. Parents dealing with this complex legal situation need an experienced Galveston, TX divorce and guardianship attorney.
Protecting Your Children From Your Ex's New Partner
When you already have a child custody agreement or court order in place, the arrangement is generally meant to be permanent. Changing a child custody schedule frequently can make it difficult for children to feel stable. However, Texas courts will still modify child custody arrangements if there has been a substantial change in circumstances and the modification is in the children’s best interest. If your co-parent has begun dating someone who you believe is not safe for your children to be around since your child custody arrangements were finalized, you may be able to have the court change the arrangements to keep your children safe. You should be represented by a Galveston, TX post-divorce modifications attorney when you are seeking a change in child custody.
Challenges of Foreign Assets Division in a Divorce
Dividing property in a divorce can be a complicated and frustrating process. This is especially true in complex divorces, which usually involve high-value or foreign assets. These make a divorce complex because it is often more difficult to divide such property between the two parties.
International assets such as foreign investments, real estate, and bank accounts are challenging to distribute between spouses. This is partly because they are often subject to foreign laws, and partly because some spouses try to hide the assets during the property division stage of a divorce.
To understand the challenges with dividing foreign assets, it is first important to understand how marital property is divided in Texas. Keep in mind that property division is best done with the guidance of an experienced Texas property division attorney.
How is Property Divided in a Texas Divorce?
Property that belongs to both spouses is called community property in Texas. The general rule is that any asset that comes into a spouse’s possession during the marriage is considered community property, though there are some exceptions.
How Is an Adoption Home Study Conducted in Texas?
Adoption can be a rewarding life decision, both for the adoptive parents and for the child who gains a loving family. There are approximately 4.5 million adopted children in the United States, with over 100,000 kids adopted each year. Some of these children are adopted by parents who already have biological offspring, while others are their adoptive parents’ first children.
There are several ways to adopt a child, but any method of adoption in Texas involves a rigorous process to ensure children are placed in safe, healthy, and loving homes. This process includes background checks, medical exams, and home studies, which this article will discuss.
However you choose to adopt a child, hire a Texas adoption attorney to guide you through the steps and prepare you for the process.
How Does the Adoption Process Begin?
There are a few required steps before the home study. Parents who want to adopt a child in Texas must first:
How is a Texas Divorce Different for Those Over 60?
Divorce brings certain challenges, no matter the age of those involved. Younger couples must often deal with child custody as a major aspect of divorce, while middle-aged couples are more likely to be concerned about how assets will be split. But what about those who divorce after the age of 60? The divorce rate for this demographic has increased so significantly that it even has a name—"gray divorce." The name is less than flattering, especially when coupled with the challenges facing those who begin divorce proceedings after the age of 60.
The divorce rate for those between the ages of 55 and 64 is about 43 percent. This number only drops to 39 percent for those between the ages of 65 and 74. Plenty of people (usually younger or the children of these gray divorces) ask, "Why file for divorce after decades of marriage?" The answer to this question has many facets, along with issues unique to each couple.
Who Qualifies for Spousal Maintenance in Texas?
When a marriage ends, one of the most critical issues to address is spousal maintenance, also known as alimony. Spousal maintenance is not automatically granted, and the qualifications are specific. A Texas lawyer can help you determine if you may be eligible for spousal support.
What You Should Understand First
Spousal maintenance is a court-ordered payment from one former spouse to the other following a divorce. The purpose is to provide financial support to the spouse who lacks sufficient earnings to cover their essential expenses. However, not every divorcing spouse in Texas will qualify.
Eligibility Requirements
To be eligible for spousal maintenance in Texas, the spouse in need must lack sufficient property to provide for their basic necessities and meet one of the following criteria:
- The spouse responsible for payments was found guilty of committing family violence against the other spouse or their child either within the two years prior to filing for divorce or during the divorce proceedings.
Can I Modify Child Custody if My Ex Gets Remarried in Texas?
Circumstances change all the time. This is especially true of life after divorce, which requires adjustment to a new beginning. Children grow and their needs change, as do yours. Financial situations improve and decline. Health does the same. And many times, divorced parents get remarried.
Although courts do not like to change, or modify, the orders they give during a divorce, Texas law understands that circumstances change. Depending on the change, an ex-spouse can ask the court to modify orders such as:
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Child support orders
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Spousal support orders
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Child custody orders, known in Texas as possession orders
However, post-divorce modifications are not simple and courts are reluctant to make changes to existing orders. Consult with a divorce attorney who can advise you whether your situation qualifies for modification.
How Can I Adopt My Stepchild in Texas?
When it comes to adopting a stepchild in Texas, the law is concerned about two main things: the best interests of the child and the rights of the other parent. For this reason, stepparent adoption in Texas involves a complex legal process with different criteria depending on the reason for adoption.
Before you file a petition for adoption, speak to a qualified adoption lawyer who can help you understand your options in your particular case.
When Can I Adopt My Stepchild?
Texas law requires that certain criteria be met for a stepparent to adopt a minor child:
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The child must be at least two years old
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The child must have lived with the stepparent for at least six months
Can an Uncontested Divorce Ever Change to Contested During Proceedings in Texas?
Texas divorce can be complex and unpredictable, with the potential for uncontested divorces to turn contested. While an uncontested divorce is typically smoother and less time-consuming, problems can come up during the process that may lead to a shift in the nature of the case.
Understanding the circumstances in which an uncontested divorce can change to a contested divorce is crucial for people navigating the legal system in Texas. Regardless of whether your divorce is contested or uncontested, a qualified attorney is ready to help you.
Unforeseen Challenges Can Arise During a Divorce
Even in cases where both parties initially agree on the terms of the divorce, unforeseen challenges can arise that complicate the process. Important issues may come up that cause serious disagreements. These often include:
How Texas Determines Custodial Responsibilities
The primary concern factored into the custodial responsibilities of Texas parents is the best interests of the child. A child’s development and well-being trump all other concerns. However, many factors go into making this determination.
Divorce can be a tumultuous time for families, especially children, so understanding how Texas laws determine a parent’s responsibilities when it comes to custody over their children is incredibly important. An experienced attorney can help parents navigate the complexities of the entire process.
What Are Custodial Responsibilities?
Custodial rights are reserved for the primary conservator of a child. The custodial parent often has the majority of the decision-making responsibilities regarding a child’s upbringing, such as healthcare, education, and other important decisions in a child’s life.
There are two types of conservatorship recognized in Texas:
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