When involved in a custody battle, it is important to be aware of the factors that can potentially sabotage your case. While every situation is unique, here are some general thinks to avoid that may have a negative impact on your custody battle: Remember, every custody case is unique, and the specific circumstances of your situation may require additional considerations Consulting with an experienced family law attorney can provide you with the guidance and support needed to navigate the complexities of a custody battle successfully. For information on child custody issues contact … [Read more...]
Do Mothers Always Get Custody of the Kids?
There was a time when people in general and family law courts presumed it was in the best interest of the children to give primary custody to the mother. In recent years, that presumption has changed in Texas and almost all other states. In Texas, when parents’ divorce, the law presumes that the parents should be "joint managing conservators." This means that they would share decision-making responsibilities concerning their children. This does not mean that the children’s time with their parents will be split equally. Types of Custody in Texas Texas has three types of custody, … [Read more...]
Divorce: Can Children Decide What Parent They Want to Live With?
During the divorce process, parents often disagree on custody and visitation issues, referred to under Texas law as conservatorship and possession. At Springer & Lyle, we guide our clients so they have a better understanding of what impact the child’s wishes will have on the final decision of the family law judge. Children 12-Years Old or Older On the motion of either party, or motion by the amicus attorney for the child, or on the court’s own motion, according to Texas Law, the court “shall” interview the child privately in chambers. The court will determine “the child’s wishes … [Read more...]
Child Custody Modification
When the court issues its final orders, it expects them to be just that: final. However, courts do recognize that in the case of child custody, there may be a change in circumstances that will require a modification in the custody arrangement. Petitions for modification must be filed in the court that made the original custody orders unless the child has moved. At Springer & Lyle, we are committed to assisting you when you need to request a custody modification. Parents Agree to a Modification If the parents agree between themselves to a modification of the … [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...]
Deion and Pilar Sanders’ Divorce Illustrates the High Price of Animosity and the Great Deal we get through Settlement
Several sources have reported that Deion Sanders has been ordered to pay over $10,500 in child support and $3,500 mortgage payments. The shocking part is that he’s been ordered to pay over a quarter million in attorney fees incurred just since April 30, 2012. In three weeks of attorney fees these parties blew what most of my clients will not earn in a year. There has, perhaps, never been a clearer example of the high price of contempt and animosity in a family law case. If you do the math, Deion could pay support for his children for 18 months at the rate his wife’s … [Read more...]
Dr. Kevin Karlson Writes About the Effects of Family Violence on Victims and Litigation
This is a great article by Dr. Kevin Karlson about the effects of family violence on the victim’s cognitive health, and what that means for a family law case. If you have been the victim of family violence, call the police and get safe. If they won’t help, call me and I will do everything I can to get you a protective order. Remember, in Texas the courts cannot charge a protective order applicant with any fees, and attorney fees are often recoverable from the losing party. If you are in serious danger I want to help, or at least refer you to organizations like Friends … [Read more...]
Child Custody Tracking Software and Custody X Change
**UPDATE 04/06/2012: Ben Coltrin, the Developer of Custody X Change, contacted me by email to ask questions about this review and improve his product. Its great to hear from a legal software developer who’s interested in improving the product even after its enjoyed some success. I’ll be writing a further review of this product in the coming weeks.** As clients prepare to deal with a child custody issue we often advise them to keep a journal of their interactions with the other parent and the child. Its often helpful to have a record of possession and the typical conflicts … [Read more...]
