Texas law has its own set of definitions concerning child custody and visitation. At our Springer & Lyle Denton, Texas law firm, we help our clients understand these legal terms as we work with them to develop a parenting plan that will address all the factors courts consider when determining child custody. Texas Child Custody Definitions Most states use the terms "custody" and "visitation" when determining which parent, the children will live with and which parent will have visitation rights. In Texas, custody is referred to as "conservator-ship." A parent who has the … [Read more...]
How STDs Can Affect Your Divorce
Dealing with a sexually transmitted disease (STD) in the context of divorce can be a sensitive situation. Providing Grounds for the Divorce While Texas is a no-fault state, meaning that you can file for divorce without having to show wrongdoing on the part of either spouse, you can also file for divorce with cause if circumstances show there has been fault. If your spouse has knowingly given you an STD, you may be able to file on grounds of cruelty and adultery. Cruelty is when one spouse acts in a way that causes physical or mental harm to the other, and adultery is when a person has … [Read more...]
When CPS Intervenes: Understanding Grandparents’ Rights in a Divorce
If you are a grandparent worried about your grandchildren’s future during a divorce that has resulted in the children being taken in by Child Protective Services (CPS), you likely want to know more about grandparents' rights in a divorce. The good news is that as a grandparent, you do not need to simply stand on the sidelines, wondering about the future of your grandchildren. Instead, you can take a proactive role in the care of your grandchildren. One of the most important things you need to understand is that if the children are taken by CPS, the goal is to keep the children together, and … [Read more...]
What Does It Take To Get 50/50 Custody?
Family law clients frequently ask us to get them 50/50 custody of their children. Their reasoning often goes that 50/50 custody is fair and their children should see both parents equally. That seems perfectly reasonable, but that’s not how the Court will see it, so let’s unpack what families and family law attorneys mean when they say “50/50 custody.” There is no ‘Custody’ in the law, only Conservatorship, Possession, and Child Support The problem with asking for 50/50 custody is that clients and family law attorneys often talk past each other when discussing this concept … [Read more...]
Can I Afford A Divorce?
You might feel that you can’t afford a divorce, but Springer & Lyle might be able to help you and work with you. The fact is that any divorce can be costly, and if you take the risk of representing yourself, your divorce can ultimately be even costlier. Don’t Try it on Your Own Most divorce cases will be stressful. There might be considerable tension between the parties, child custody might be contested, income might be hidden to reduce the child support obligation and terms and conditions of visitation can even come to issue. These aren’t issues that you want to … [Read more...]
How To Prepare For A Divorce and Maybe Save Your Marriage
Clients regularly ask us what they can do to prepare for a divorce before it’s filed. Of course some of that varies by situation and we will be happy to give you advice tailored to your situation, but there are some basic steps most people should take and surprisingly these steps go a long way toward improving marriages. Understand your Financial Situation Often there are big disparities in basic understanding about a couple’s budget, debt, and assets. One spouse may be nearly clueless how much is being saved for retirement, how much debt exists, how much money it takes to run the household, … [Read more...]
5 Things To Know About Child Support In Texas
Child support is a requirement that can be applied in any state. However, Texas tends to have its own version of child support that is a bit different from several other states, according to the Law Offices of Springer & Lyle. For instance, here are five of the more notable differences: Texas tends to put significant weight on which parent physically has care of the child, and that means the parent with the less amount of in-person care time or non-custodial becomes the paying parent. Parents have a limited ability to agree between each other for lower support payments. Texas … [Read more...]
How Can I Find Out If My Spouse Is Hiding Assets?
Are spouses hiding assets in a divorce? Yes, and frequently. Divorce has never been a pleasant process, but it is the legal approach to the dissolution of a marriage. Unfortunately, experts at Springer & Lyle have found some spouses, soon to be divorced, believe it a necessity not to follow the law and try to hide assets to avoid the sharing of them in the divorce proceedings. Common Methods of Hiding Assets In a divorce, the law requires that every major asset be inventoried. Bank accounts, brokerage accounts, real estate, vehicles and similar must be disclosed. Errant spouses are … [Read more...]
Marijuana and Family Law – The State Can Take Your Children over Marijuana
Marijuana has an unusual place in the law and in our opinions about parents. Here in Texas possession of small amounts of Marijuana is a Class B Misdemeanor like Driving While Intoxicated. While in other states like Colorado or Washington, possession of what would be felony amounts of Marijuana products here is totally legal. This differing treatment of the same substance leads to a great deal of confusion over the effect of marijuana on a family law case. Perhaps surprisingly in this age of relaxing drug prohibition, the Texas Department of Family Protective Services … [Read more...]
Contrasting the Perverse Incentive of Family Law and Collaborative Divorce
The Conflict Incentive There is a dirty secret in some family law cases, one that clients only learn about long after they’ve retained counsel, and sometimes only after they look back at the pain, stress, and expense of their divorce. The secret is that some family lawyers have a perverse incentive. Attorneys bill clients by the hour to solve their problems. That means they get paid more if the clients have more problems. Quite simply, lawyers have an economic incentive to create conflict to bill the file. Sure they have a lawyers’ creed that says they will … [Read more...]
