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Divorce is a daunting process for anyone, and it is easy to see why people are scared of it. One thing that makes the process even more overwhelming is the number of misconceptions people have about it, especially when it comes to property division. To help clear things up, this article debunks five of the most common myths about asset division in Texas divorces. Keep reading to learn more about: Why property is not always (and is only rarely) divided 50/50 in a divorce in Texas. Why many assumptions about automatic ownership or retention are wrong. Whether things like inheritance gifts and business ownership are protected during divorce. Myth 1: Property Is Always Split 50/50 In A Texas Divorce It’s common for people to assume that property is split evenly in a divorce, but in Texas, this is almost never the case. Texas law calls for a “just and right” division of property, which means the court decides what’s fair based on various factors. Of course, this may not always align with what you think is fair. The truth is, it simply depends on what the court decides. Sometimes, the split is close to 50/50, but it could be split 60/40, 55/45, or even 70/30, depending on the circumstances. In any case, not every asset will be divided down the middle – and it is important to understand this as you come into the process. Myth 2: The Marital Home Always Awarded To The Wife In Texas Divorce Cases Few things are automatic in divorce law, and who gets the marital home is no exception. While it’s common to see mothers given temporary exclusive use of the home during the divorce process, this is often due to financial differences or because the mother has primary conservatorship of the children. (This is because the court typically aims to minimize disruption for the children, especially if their schooling is tied to the marital residence.) However, this doesn’t mean the husband’s interest in the home is lost. The husband still has a legal claim to the property, and in some cases, husbands are awarded temporary use of the home while the wife moves out. These decisions are made on a case-by-case basis, depending on the specific circumstances of the couple. For example, if the husband owns separate property, like a rental home in Florida acquired long before the marriage, and has substantial retirement savings, while the wife has a smaller retirement account and no other residence, the court may award the wife a larger portion of the marital home. This doesn’t mean she gets the entire home, but she may receive a bigger share to ensure a fair and just division, which could include a claim for a disproportionate share of the property. At the end of the day, each situation is different, and the court will look at the overall financial picture when deciding how to divide the marital home. Myth 3: Spouses Automatically Retain Ownership Of Everything They Had Before The Marriage In Arlington, Texas This myth is only partially true—your original assets might remain yours, but their growth during the marriage is not guaranteed to stay with you. To understand this, let’s use a few examples… Imagine you had a retirement account with $30k in it before you got married. Five years later, you are getting divorced, and your retirement account has grown to $50k. While the original $30k is considered your separate property, the $20k that accumulated during the marriage is subject to division. So, even though the account is under your name, you don’t automatically retain ownership of everything you had before the marriage – any increase in value that occurred during the marriage can be divided. Consider another scenario where you owned a house worth $100k before the marriage. During the marriage, you used community income (the money you and your spouse earned) to renovate the home. Because community income benefited your separate property, your spouse could have a reimbursement claim against the increased value of the house. So, while it may take some investigation to determine exactly where the funds for those renovations came from, you won’t necessarily retain full ownership of the increased value of the house. In the end, the wealth you brought into the marriage is likely to remain yours, but any appreciation in value during the marriage may be divided. Myth 4: Gifts Or Inheritances Are Protected From Division During A Texas Divorce This myth is partially true. Gifts and inheritances are considered separate property, which means they are protected during a divorce—if you can prove that the item or asset was indeed a gift or an inheritance. In Texas, everything is presumed to be community property unless you can provide evidence otherwise. The burden is on the person claiming the gift or inheritance as separate property, and you’ll need to have documentation to prove it. Documents such as receipts, communications, financial statements, or a will are crucial for showing that something was a gift or inheritance. Without that proof, the item might be considered part of the community estate and subject to division. Gifts can be tricky, though. Sometimes, it is difficult to prove that something was a gift and not a loan or repayment, which would make it subject to division. Being able to clearly show that the item in question was a gift or inheritance is key to protecting it during the divorce process. Myth 5: Businesses Are Automatically Protected From Property Division In Texas It’s easy to assume that a business you’ve built and worked for is automatically protected from division in a divorce, but that’s not the case. The key question is: When did you start the business? If the business was started before the marriage, it may be considered your separate property. You can prove this with formation documents or initial bank statements. However, that doesn’t mean you get to keep the entire value of the business. Any increase in the business’s value during the marriage is considered marital property and can be divided. These post-marriage gains are not automatically protected. The situation also depends on the circumstances surrounding the business. For example, if your spouse contributed to the business by working in it, helping it grow, or providing support, they could have a claim to part of the business’s value. Even if you started the business before the marriage, their time and effort would give them strong grounds to seek a portion of the increased value. Fortunately, there are steps you can take to protect your business, beyond having a prenuptial agreement. One of the most important steps is to keep your business assets and income completely separate from community property. Commingling personal and business funds can make it harder to prove what is separate property, leading to more of your business being subject to division. This reinforces a key principle in Texas divorce law: If you can’t prove that something is separate property, it is presumed to be community property, and it may not be protected in the event of a divorce. Still Have Questions? Ready To Get Started? For more information on Asset And Property Division In Arlington, Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Divorces can be messy and are often based on a specific situation at a certain time. As life changes, you may need to modify parts of your divorce agreement. In Texas, it’s possible to make adjustments, particularly concerning issues related to children. This article covers: The grounds for modifying a final divorce order The required documentation and ways to avoid going to court The expected timeline for a divorce modification in Texas What Parts Of My Divorce Order Can Be Modified Later? In Texas, not all parts of a divorce order can be changed. Modifications are only allowed for issues related to children, including: Conservatorship (Legal Custody) This involves decision-making authority for the child, such as medical or educational decisions. Possession (Physical Custody) This covers where the child lives most of the time and the visitation schedule for the other parent. Child Support Modifications can be made to adjust who pays child support and how much is paid, based on changes in financial situations. Geographical Restrictions Divorce orders often limit where the parents can live, but life changes may require a modification to allow one or both parents to move. Division Of Property Is Final One thing that cannot be modified is the division of property. Once property is divided during a divorce, it is considered final. While it might seem disruptive, the ability to modify divorce orders is necessary because life changes, especially when children are involved. The needs of a child, as well as the financial and living situations of parents, may shift over time. Modification orders allow parents to adapt their custody, child support, or other child-related arrangements as circumstances evolve. Without the ability to modify these orders, families could be stuck with arrangements that no longer work for them, which could negatively affect the child’s well-being. What Are The Legal Grounds For Modifying Final Divorce Orders In Arlington, Texas? In Texas, you may have various reasons to want to modify your divorce order, but the law only recognizes specific conditions under which modifications can be made. Below are the two primary legal grounds for requesting a modification: Child Preference If a child is at least 12 years old and expresses a desire to live with a different parent, you can request a modification of conservatorship or possession. This change could alter who has the exclusive right to designate the child’s primary residence or which parent is considered the “primary” parent, responsible for major decisions. To initiate this process, you’ll need to file a petition for modification that includes a request for the judge to interview the child about their preference. This interview helps the court understand the child’s reasoning for wanting to live with the other parent. However, the judge will consider more than just the child’s preference. They may ask questions like: How is the child’s school performance? Which parent is more involved in their activities? Does each parent have consistent rules, like bedtime? Who is responsible for taking care of the child day-to-day? The court will also ensure that the child’s preference is not influenced by parental manipulation or bribery. Voluntary Relinquishment If the parent who currently has the exclusive right to designate the child’s primary residence has voluntarily relinquished that care for at least six months, you can file for a modification. This could happen, for example, if the primary parent (such as the father) has left the child with the other parent (the mother) or a grandparent for an extended period. After six months of voluntarily giving up primary care, the parent who has taken on the day-to-day responsibilities of the child can request that the court modify the divorce order, granting them primary conservatorship. This allows the person actively caring for the child to make important decisions about the child’s welfare. What Documentation Is Needed To Request A Modification Of Divorce Orders In A Voluntary Relinquishment? To successfully request a modification, especially in cases of voluntary relinquishment, gathering strong evidence is crucial. Here are some examples of documentation that can help support your case: Communication records Keep text messages, emails, or other written communication that show the primary parent has voluntarily relinquished their duties or allowed the child to live elsewhere. Official requests and paperwork Evidence that you’ve taken over key responsibilities, such as requesting a Social Security card or birth certificate or enrolling the child in school, can show you are acting as the primary caregiver. Day-to-day responsibilities Records of routine activities—like taking the child to the doctor, attending school events, or handling daily tasks—can help demonstrate that you’ve been fulfilling the role of the primary parent. While no single piece of evidence may be enough on its own, together, these documents can paint a compelling picture for the court. The goal is to prove that you’ve been the one actively caring for the child and that a modification is in the child’s best interest. How Long Does The Modification Process Typically Take In Arlington, Texas? The time it takes to modify a final divorce order in Arlington, Texas, can vary depending on several factors. While it’s natural to want the process to move quickly, modifications take time, and the length of the process depends largely on the specifics of your case and court availability.  Below are three common scenarios: Case 1: Full Trial If your case is contested and requires a full trial, the process can take anywhere from one to two years, depending on court schedules and other factors. For instance, if a child custody evaluation is requested, this alone can take between 90 and 180 days, which delays the final trial or even mediation. In such cases, expect a longer timeline, as there are multiple steps and potential delays involved. Case 2: Temporary Modification Orders In some situations, you may be able to obtain temporary modification orders while your case is pending. This allows for temporary changes to be made before the final trial. For example, if you need to change who the primary parent is or lift geographical restrictions, you might be able to request temporary orders if you meet specific legal requirements. However, to get such temporary modifications, you would need to provide evidence that the child’s current circumstances are significantly harmful to their physical health or emotional development. This typically involves showing serious issues like abuse, neglect, or other dangerous situations that require immediate intervention. Temporary orders may also be granted if there is proof of voluntary relinquishment by the primary parent or if the child has expressed a strong preference for living with the other parent. Case 3: Voluntary Changes The process can be much faster if both parents agree to the modification. When both parties are on the same page, you may be able to skip the need for a lengthy court process altogether. In these cases, you can file an agreed modification, which usually moves through the legal system more quickly and efficiently. Do You Always Have To Go To Court To Modify The Orders? Not every situation requires going to court for a modification. For example, if your 6 pm exchange time doesn’t work one day because you are stuck in a meeting or running late, it doesn’t mean you lose your whole weekend. You can simply reach out to the other parent, explain the situation, and ask to push the exchange time back to a later time, like 8 pm. If the other parent agrees, you do not need to go to court. While the order may still say 6 pm, both of you can adjust the time informally as long as you are in agreement. However, when it comes to bigger changes, like one parent giving up primary custody, you’ll need to go through a formal modification process, even if both parents agree. Fortunately, this is a relatively easy process when both parents are on the same page. To do this, you can simply file a modification by agreement, and the court will update the order accordingly. Why Do We Need a Formal Court Modification If We Agree To Custody Changes? Even if you agree on a major change to your custody arrangement, it is important to get a formal court order for two main reasons: Updated Responsibilities If the original order requires one parent to pay child support, but the caregiving role has switched, you don’t want to be stuck with outdated obligations. For example, if mom was paying child support, but she now has primary custody, you need the court to update the order so that dad is responsible for paying support. Enforcement Without a formal modification, if one parent stops following the agreement, you have no legal way to enforce it. The court can only enforce the official order, not a verbal agreement. To protect yourself, it is important to make the changes in writing through the court system. Even if a modification is by agreement, making sure it is legally formalized will prevent problems down the road and ensure everything is clear and enforceable. How Our Firm Supports Clients Like You One of the toughest parts of our job is helping clients navigate the intense emotions that come with divorce or custody cases. It is common for feelings of anger, resentment, and even pettiness to surface, which can create tension and volatility. Our role is to guide you through the legal process while also respecting what you are experiencing emotionally. We come from a legal perspective, analyzing the situation and focusing on the best path forward, but we know it’s not that simple for you. We never want to make you feel like your emotions are invalid, even if your reactions seem extreme to others. Our goal is to acknowledge your feelings and help you find a way to improve the situation. One thing we often remind clients of is that you cannot control the other person’s actions—only your own. It might feel unfair, but being the bigger person and keeping a clear head is crucial, especially if children are involved. Acting out of anger or trying to win small, emotional battles rarely brings peace. At the end of the day, once this is over, you’ll still have to co-parent with the other person. Your relationship with your ex will last far beyond this case, and how you handle things now can set the stage for a better future, even if it feels like you are doing all the right things while they aren’t. It’s not about dismissing your feelings of betrayal, hurt, or frustration; those are real and valid. Our job is to help you focus on the bigger picture, ensuring that once the legal process ends, you have a foundation for a more peaceful co-parenting relationship in the years to come. Still Have Questions? Ready To Get Started? For more information on Modifying Family Court Orders In Arlington, Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Few situations are as frustrating as someone else being legally recognized as the father of your child. Yet, in Texas, this can happen due to “presumed fatherhood.” Thankfully, this legal presumption can be challenged. This article breaks down everything you need to know about presumed fatherhood in Texas, including: What presumed fatherhood means in Texas law and the rights it grants. How to defend or challenge presumed fatherhood. How presumed fatherhood affects child support, custody, and conservatorship. What Is Presumed Fatherhood Under Texas Law? In Texas, presumed fatherhood occurs when a married woman has a child—meaning her husband is automatically considered the father of that child. This presumption simplifies legal matters in most cases, but it can also create complications, especially in divorce cases or situations where paternity is in question. If both parents agree that the husband is the father, paternity can be acknowledged on the child’s birth certificate, and he becomes both the presumed and acknowledged father. However, things can get more complicated when the biological father is someone other than the husband. For example, if the mother is pregnant during a divorce, it is crucial to address paternity. If the husband is not the biological father, steps must be taken to ensure he is not incorrectly recognized as the father, which could lead to legal and emotional complications later on. These situations can be uncomfortable to discuss, but honesty is essential to prevent future issues. The more openly you discuss the details with your attorney , the better they can help navigate the legal process. What Legal Rights Does A Presumed Father Have In Arlington, Texas? In Texas, a presumed father is considered the legal father of a child, with the same rights and responsibilities as any parent. If a child is born during a marriage, the law automatically assumes the husband is the father. This means he can: Enroll the child in school Take the child to daycare or doctor appointments Make medical decisions for the child Handle other day-to-day parental duties However, there are situations where the presumed father may not actually be the biological father. In those cases, someone might want to challenge the presumed father’s rights. This can be done by either signing a denial of paternity or going to court to establish who the real biological father is. On the flip side, if the presumed father wants to remain the legal father (even if he’s not biologically related), and the mother agrees, they can go through a process where the presumed father acknowledges the child, similar to an adoption. Here’s how this might look: Child Born Before Marriage If a child is born before the couple marries, but the husband is listed as the father on the birth certificate, he becomes the legal (or acknowledged) father, even if the child was born before they were married. Child Born During Marriage If a child is born while the couple is married, the law assumes the husband is the father, making him the presumed father. Once his name is on the birth certificate, he is the acknowledged father. Now, imagine the couple is going through a divorce, and the mother claims the husband is not the biological father of the first child. While there are limits to how long after birth this can be challenged, situations like this do happen. In such cases, being the presumed father becomes important. Often, the presumed father either remains the legal father, or there is a legal process to determine the biological father. During a divorce or any legal proceedings, it is crucial to clarify who the father is, especially if there’s any doubt. Even if the child was born during the marriage, leaving this issue unresolved can lead to confusion and legal problems later on. Making sure everything is clear protects everyone involved, especially the child. Can A Presumed Father Fight For His Rights Even If He Is Not The Biological Father? In Texas, a presumed father has certain legal protections, even if he is not the biological father. These protections are designed to prevent a presumed father from losing his rights, especially if he has been actively involved in the child’s life. One key protection is the limit on when presumed fatherhood can be challenged. After the child’s fourth birthday, it becomes much harder to challenge a presumed father’s rights, even if the mother denies paternity. For example, if a man has raised a child for 16 years as the presumed father, the law recognizes him as the legal father, regardless of biology. This means he can fight to keep his rights to custody and visitation. At this stage, the mother cannot challenge his paternity, and the court will likely uphold his parental role. One reason the law protects presumed fathers after the child’s fourth birthday is to prevent the emotional damage that can occur when a child suddenly loses a parent figure. If a man has raised a child for years, denying his paternity is not only harmful to him but especially traumatic for the child. Courts recognize that children benefit from stability, and removing a presumed father after years of bonding can cause lasting harm. Because of this, if you are considering challenging a presumed father’s rights, it’s important to act quickly—before the child turns four—to avoid emotional damage and ensure the legal process is handled as smoothly as possible. What Happens If A Paternity Challenge Occurs Before A Child Turns Four? If a challenge to paternity occurs before the child’s fourth birthday, the situation changes. During this time, if the mother denies paternity or another man claims to be the biological father, a DNA test can be requested. If the test shows that the presumed father is not the biological father, his legal rights could be revoked. In these cases, the presumed father may lose his ability to fight for custody or visitation, no matter how involved he has been in the child’s life. This can be a painful and difficult process, particularly for a presumed father who has been fulfilling the parental role. Unfortunately, the law in these cases prioritizes biological parenthood. How Does Presumed Fatherhood Impact Child Custody Or Child Support? In Texas, a presumed father has the same rights and responsibilities regarding child custody and child support as any other father, whether biological or not. The fact that a father is presumed rather than confirmed through DNA does not change his ability to seek custody or be ordered to pay child support. However, the situation can change if paternity is challenged. If the mother denies that the presumed father is the biological father, or if another man claims to be the biological father, this could affect the presumed father’s rights—especially if the challenge happens before the child’s fourth birthday. If no one challenges the presumed fatherhood, he retains all the legal rights of any father, including the ability to seek custody, visitation, and even primary conservatorship (custody). He could also receive child support from the other parent, depending on the circumstances. Is There A Benefit To Having Presumed Fatherhood Legally Acknowledged? Yes, having your presumed fatherhood formally acknowledged can provide long-term protection. You can solidify your status by being listed on the child’s birth certificate, signing an acknowledgment of paternity, or obtaining a court order. While it is still possible for someone to challenge your paternity later, a formal acknowledgment makes it much harder to contest. Once your fatherhood is formally recognized—especially if the mother has signed off on it—it becomes more difficult for her to challenge it in the future. By taking these steps, you are not only protecting your rights but also ensuring that your role as the child’s legal parent is secure. How Is Presumed Fatherhood Legally Challenged In Arlington, Texas? In Texas, there are two main ways to challenge presumed fatherhood: 1. Signing A Denial Of Paternity If all parties agree, the presumed father can sign a denial of paternity. Afterward, the biological father and the mother would both sign an acknowledgment of paternity, establishing the biological father’s legal rights. 2. Filing A Suit To Establish Paternity If the presumed father believes he is the biological father, or if someone else (like the mother or another alleged father) challenges his status, a paternity suit may be necessary. This process typically involves a DNA test to determine whether the presumed father or another man is the biological father. Once the results are in, the legal paternity can be settled, and related issues like child support and custody can be addressed. Importantly, if you want to challenge presumed fatherhood, this process must be initiated before the child turns four. After that, your options are limited. What Happens If I Miss The Deadline To Challenge Presumed Fatherhood? If you miss the deadline to challenge presumed fatherhood (before the child’s fourth birthday), the presumed father is legally recognized as the father. This means he will have all the rights and responsibilities of a parent, including the ability to seek custody and visitation rights. If he and the mother separate later, the presumed father will continue to have the same parental duties as any other legal father. Can A DNA Paternity Test Change Anything After Age Four? After a child turns four, getting a court to allow a DNA paternity test becomes much harder. Texas law includes the four-year limit for a reason, and a judge can refuse DNA testing if the presumed father has been acting as the child’s father for years. Even if a biological father steps forward later, the court may argue that the presumed father has fulfilled the parental role, regardless of biological connection. In these cases, the presumed father can continue to have rights to custody, visitation, and decision-making for the child, just as if he were the biological father. This is why it is important to act within the legal timeframe if there’s any doubt about paternity. Still Have Questions? Ready To Get Started? For more information on Presumed Fatherhood In Arlington, Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Few endeavors are as impactful as parenthood, but what does it mean in the eyes of Texas law? Who gets to claim the privileges and responsibilities of being a legal parent? In this article, we explore the legal framework surrounding parent-child relationships in Texas, specifically for Arlington residents, covering topics such as: How the parent-child relationship is defined and established (even without DNA testing). How legal procedures differ for married and unmarried parents in Texas. The significance of establishing a parent-child relationship, and how grandparents can do it. How Is A Parent-Child Relationship Legally Defined In Texas? In Texas, a parent-child relationship can be established in several ways. According to state law, this relationship can be recognized as: A mother who gives birth to the child A parent who adopts the child Additionally, Texas law provides specific processes that outline how the parent-child relationship can be established beyond biological birth. The legal system acknowledges that families can take various forms and strives to ensure that once a parent-child relationship is established, it is fully respected under the law. Can A Parent-Child Relationship Be Established Without DNA Testing? Yes, DNA testing is typically required in cases where paternity is disputed—such as when the mother denies the father’s paternity or the father denies his relationship with the child. These situations are the most common reasons DNA testing is used before legal proceedings can move forward. However, outside of these cases, DNA testing is not necessary. Texas law allows for the establishment of a parent-child relationship through an acknowledgment of paternity (AOP), which is a formal legal document. Additionally, if both parents are listed on the child’s birth certificate, this can also serve as proof of the parent-child relationship. In cases where further legal action is needed, an adjudication, or court order, can be issued to formally establish the relationship. These various legal options ensure that parenthood can be recognized without requiring genetic testing in all cases. What Documents Are Needed To Establish A Parent-Child Relationship? The most common documents needed include: The child’s birth certificate Acknowledgment of paternity A court order, such as an adjudication These legal documents serve as proof of the parent-child relationship and are essential for matters related to custody, support, and inheritance. How Does The Legal Process Differ For Married And Unmarried Parents In Arlington, Texas? Both married and unmarried parents in Texas can establish a legal parent-child relationship, but the process is a bit different for each. For married couples, the law automatically assumes that the husband is the father of any child born during the marriage. While this is helpful in many cases, it can create challenges if the husband is not the biological father. For instance, if a married woman has a child with someone other than her husband, all three people—the mother, her husband, and the biological father—must follow certain steps to legally establish who the child’s father is. This includes: Filing a legal case to establish paternity Getting a court order (called an adjudication) to confirm the biological father Having the husband sign a denial of paternity Having both the mother and the biological father sign an acknowledgment of paternity This situation is more common than you might think, especially if the parents are in the middle of a divorce. Even if the child isn’t the husband’s, the paternity must still be addressed during the divorce proceedings. If everyone is on good terms, this process can be smoother, but it still requires legal steps to ensure everything is settled correctly. What Is The Legal Significance Of Establishing A Parent-Child Relationship? The main reason for legally establishing a parent-child relationship is that it gives parents the ability to enforce their rights and take on the responsibilities of raising their child. While many people see this as just a step toward securing child support, it is about much more than that. Without a legal order in place, one parent—often the one who has primary possession of the child—may make decisions that affect the other parent’s rights. While most people picture the mother as the primary caregiver, that’s not always the case. In fact, many fathers have the misconception that they have fewer rights than mothers, but this is not necessarily true. If a father wants to ensure his parental rights are fully protected, it is essential to establish a legal parent-child relationship. This step allows fathers to make sure their role in their child’s life is clear and recognized. For separated parents, getting a legal order that outlines custody, visitation, and child support is crucial. The more detailed the agreement, the better—because if problems arise, such as the other parent not respecting your visitation rights, you’ll have the legal grounds to enforce the order and protect your time with your child. Relying on informal agreements or verbal promises often leads to issues down the line. By securing a legal order, both parents’ rights are clearly defined, and you have the ability to hold the other parent accountable if things change. How Can A Grandparent Establish A Parental Relationship Over A Grandchild? If you are a grandparent raising your grandchild, you may be able to obtain the legal rights and responsibilities of a parent, but it is important to understand that the Texas Family Code has a “parent fit” presumption, and you will need to overcome this if you want to establish legal parental rights. The law assumes that parents are capable of raising their children, so for a grandparent to step in and gain parental rights, they must prove that the biological parent is unfit. This can be challenging—simply claiming that the parent is unstable, irresponsible, or financially struggling is not enough. You’ll need concrete evidence to convince a court that the parent cannot provide a safe, stable environment for the child. For example, if your son or daughter dropped off their child at your home temporarily, and it has only been a day or two, you can’t file for parental rights just because you are concerned. However, if there has been an extended period without communication, and you are worried about the child’s well-being, you might want to take legal action to protect the child and ensure you have the authority to make decisions for them. In such cases, you will need to locate the parent, notify them, and serve them legal papers—but this is just the first step in what can be a complicated process. Although it may feel frustrating to go through so much, it is necessary unless it is an emergency where Child Protective Services (CPS) is already involved. If CPS is involved and the child has been placed with you in an emergency situation, the process may move faster. However, if CPS is not involved, you’ll need to act as the child’s primary caregiver for at least six months before you can file for parental rights. After six months, you can file to request parental rights, establish a visitation schedule, and seek support from the biological parents. Keep in mind that during those six months, you’ll need to be fulfilling the day-to-day responsibilities of being a parent. The court will want to see that you’ve already been acting in the child’s best interests before it will consider granting you legal recognition of that role. There are situations where you may be able to file sooner. For example, if the parent has been absent for a few months but returns in a state of instability—such as being intoxicated or belligerent—or tries to disrupt the child’s life by pulling them out of school, you may have grounds to file earlier. In any case, you will need to show that continuing to allow the biological parent full rights would negatively impact the child and that you can provide a better, safer environment. Ultimately, the court’s goal is to ensure that the child’s best interests are protected, providing them with a stable, non-violent environment where they can thrive. What Are Some Consequences Of Failing To Establish A Parent-Child Relationship? Failing to establish a legal parent-child relationship can have serious consequences. Without this legal recognition, you won’t have access to important rights and privileges that are essential for both you and the child. No Access To Child Support One of the most immediate consequences is that you won’t be able to receive child support. While raising a child is rewarding, it can also be financially challenging. Without financial support, covering the costs of raising a child—such as healthcare, education, and everyday needs—can become overwhelming. Establishing the parent-child relationship ensures that the child receives the financial resources they need. Limited Decision-Making Power Another major consequence is losing the ability to make critical decisions for the child. For instance, during the COVID-19 pandemic, many parents and caregivers faced disputes over whether or not to vaccinate their children. If you haven’t legally established the parent-child relationship, you won’t have a say in these important decisions. However, by legally establishing the relationship, you can determine which parent has the right to make major decisions or whether both should share those responsibilities. In some cases, you could even contest a decision in court. Loss Of Visitation & Custody Rights Establishing the parent-child relationship is also crucial for securing your right to spend time with the child. If you do not have legal recognition, the primary parent could limit or control when and how you see the child. A court order that defines the parent-child relationship will protect your rights and establish clear terms regarding custody and visitation. These orders can cover details as specific as when and where child exchanges take place, ensuring both parties follow agreed-upon arrangements. Inability To Prevent Unilateral Changes Without a court order protecting your parent-child relationship, the other parent could make significant changes—such as moving to another state—without consulting you. When a legal relationship is established, neither parent can make such changes without the other’s agreement or a new court order. Still Have Questions? Ready To Get Started? For more information on Establishing A Parent-Child Relationship In Arlington, Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

In this article, you can discover… How supervised possession schedules can help in difficult family situations. Whether supervised schedules can be transitioned. How to approach inaccurate accusations of violence as a parent. What Is A Supervised Possession Schedule? Supervised protection schedules allow a child to have a limited amount of supervised time with a parent who has been found to be a possible threat to the child. In many cases, a supervised possession schedule is ordered when domestic violence has occurred, but this is not always the case. For example, it may be that one parent has fought with, yelled at, threatened, or struck the other, yet not in the presence of the child. Nor was the child ever a target of that parent’s anger or violence. In such a case, a judge may or may not rule that a supervised schedule is needed, as the child was not present for the violence, nor was the child physically harmed. Having said that, if you feel unsafe around the other party or worry that they may harm or neglect your child, you can and should request a supervised possession schedule. For such a petition to be successful, specific incidents will have to be brought to light. For example… What happened during the incident? Was there violence or assault? What did the child see? Was the child a target of the violence? How might the child’s emotional wellbeing or safety be affected if in the other party’s care? This applies not only to physical abuse but also to negligent or irresponsible behavior and substance abuse. For example, leaving a child in the car while a parent visits a club, bringing a child to an inappropriate environment, or drug use. What Does A Supervised Possession Schedule Look Like? Supervised possessions schedules typically allow a parent an hour or two of supervised time with the child on the first, third, and fifth weekends. No overnight time is allowed. Court-ordered supervisors stay with the child and parent throughout the visit. These are often social workers, but can also be a responsible family member, such as a grandparent. During supervised visits, the role of the supervisor is to be attentive and protective, to stay with both the parent and the child throughout the visit, and to report any irresponsible or illegal parental behavior observed during the visit. What if you’re ordered to be on a supervised possession schedule with your child? Respecting the supervisor, abiding by the rules of the order, and demonstrating safe and responsible behavior during visits can give you an opportunity to petition the court for more time with your child. While acceptance of this petition is not guaranteed, showing the courts that you are safe and careful during visits will always help your case. Can Supervise Possession Schedules Be Transitioned? In some cases, yes. For example, if you demonstrate responsibility and respect for your child’s wellbeing, attend court-ordered classes (such as anger management classes) and modify your behavior and attitudes over time, a court may decide to allow you unsupervised time with your child. Be aware, however, that these decisions are made on a case-by-case basis. You will still need to petition for this transition. But if you’ve made serious strides in correcting or overcoming the behavior that led to supervised time being required, you should definitely feel encouraged, with your attorney’s help, to petition for unsupervised access to your child. How Should I Handle A Parent Making False Claims Of Violent Behavior? Sometimes, the other parent may accuse you of violent, harmful, or negligent behavior when you haven’t done anything wrong. When this happens, it’s important to establish what the other parent’s accusations are, if they have concrete examples of abuse, or if their assertions are vague and fueled more by anger than by facts. One of my goals as an attorney is to help parents manage their negative emotions during a divorce. The pain, bitterness, and frustration surrounding this time can lead parties to exaggerate or lash out. Getting to the truth is important, as is investing all accusations of abuse thoroughly. In short, there’s no need for you to have your parental rights threatened due to pettiness or unfounded claims. As a family law attorney, I can help meaningfully direct conversations to establish whether or not the other parties’ claims are grounded in truth. And help both you and the other party work cooperatively and honestly towards your child’s best interests. For more information on Supervised Possession Schedules, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

In this article, you can discover… How possession schedules work for infants and toddlers. Mediating custody issues when very young children are involved. How an attorney can help you design a successful schedule for small children. Why Are Specialized Possession Schedules Needed For Infants And Toddlers? In Texas, the type of possession schedule ruled for a very small child will depend on what is in that child’s best interest. If you’re concerned that your very small child needs a specialized possessions schedule, you and your attorney can petition the courts for this. What will this require? You will have to demonstrate that a specialized possession schedule is in the best interest of the child, and show the court what the infant or toddler’s schedule with each parent looked like before the lawsuit to divorce was filed. For example, if you as a mother spent most of your time with your infant day and night, doing nightly feedings and taking your baby to appointments, it’s likely that you will stay on that full-time possession schedule. This doesn’t mean your baby’s father won’t be able to see or spend time with his child; it simply means that the infant will be with you the majority of the time as a primary parent, as this is what your baby is used to. How Can Parents Who Disagree On Possession Schedules Come To An Agreement? This is a juncture where mediation is best, prior to divorce being finalized. A caring and attentive attorney can help you get a big-picture sense of what your small child’s daily routine was like prior to the divorce being filed for. Mediation can help you and the other party come to an understanding of what is in the child’s best interest. Who handles the doctor’s appointments? Which parent knows your child’s pediatrician’s name? Which parent is more aware of details such as nap schedules, feeding schedules, or how often your infant wakes up in the night? Getting a sense of this can help direct mediation toward a decision that is best for your infant or toddler. It’s very likely that mediation will conclude the more active parent is best suited for primary possession, at least while your child is very small. How Does An Attorney Design A Possession Schedule For Very Young Children? A good attorney will consider what your young child’s daily routine was like prior to the divorce being filed. Small babies need continuity, stability, and a great deal of attention, and the parent who provided the most of that will likely be awarded initial primary possession. What can you do if you’re the parent who provides less attention? Can you still see your child? Yes, you can. Your attorney can work closely with you to gain an understanding of your work schedule and the other party’s work schedule and consider how a child’s needs will change over time. It’s possible to go before a judge and request a possession schedule closer to 50-50 once your child is older and a bit more independent. For example, a mother may be given primary possession until a child is done breastfeeding and can eat solid food. After this milestone is reached, more time with the father can be agreed upon, as this works best for the child and allows both parties time with their son or daughter. Future possession schedules can be seen as a step-by-step journey that takes into account your child’s growing independence. This can help you and the other parent design a current and future proposed schedule that is focused on your child’s needs yet allows more time to be evenly split as your young child grows. A judge is likely to view this positively as a sign that you and the other party are able to work together reasonably and selflessly to consider your child’s wellbeing alongside each parent’s desire to be involved in the child’s life. For more information on Your Guide To Designing Possession Schedules For Infants And Toddlers In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

In this article, you can discover… Your parental rights and duties as defined in Texas. Whether parental rights can be modified. How to respond to a parent who neglects their parental duties. Legally Speaking, What Are Parental Rights And Duties In Texas? Your parental rights include the right to determine where your child lives, the right to consent to their medical treatment, and the right to consent to psychiatric treatment for your child. It also includes a right to receive child support if the court orders it, the right to legally represent your child, the right to make educational decisions for your child, to apply for a child’s passport, and to give your consent for marriage or enlistment. These are the core rights that are often fought over in custody battles. These rights may change depending on your circumstances or the circumstances of the other parent. What Basic Responsibilities Do Parents Have Towards Their Children? Parents have a responsibility to love and protect their child, provide for them, and to do what is in the child’s best interest. Parental responsibilities involve not only supplying food, shelter, medical care, and clothing, but establishing and fostering a warm relationship. It also involves making sure you consider your child’s needs above all else, even if they conflict with what you may personally want or with your emotions. How Are Parental Rights And Duties Divided In Custody Arrangements? Conservatorship is broken down into an allocation of rights and duties in Texas. Rather than argue that you want full custody or sole conservatorship, it is more helpful to name the rights and responsibilities you would like to have over your child. The rights and duties that a court will grant you over your child depend very much on your and the other party’s circumstances, commitment, and ability to care for your child. A judge will take these factors into account when determining joint or sole conservatorship. Exceptions to this will include if there are allegations of physical or sexual abuse, an unsafe living environment, or circumstances no longer in a child’s best interests. Can Parental Rights Be Modified Or Terminated? Yes, though, it’s important to understand that the modification or termination of parental rights must be based upon concrete factors rather than subjective emotional feelings. Simply disliking, resenting, or being deeply hurt by a spouse’s actions (such as infidelity) does not give you the right to seek to terminate their parental rights. Instead, petitioning the court to modify these rights must be based on factors that are no longer in the best interests of your child, such as the other party’s drug or alcohol use, abuse, neglect, or financial inability to continue to care for your child. It’s important to consult with a caring and knowledgeable attorney to determine if changing circumstances warrant the modification of parental rights. These circumstances must be material and substantial and must be verifiable with evidence. A parent simply running late to soccer practice is not a valid ground for modification. For parental rights to be fully terminated, specific and serious elements must be proven to a court. For example, it must be proven that the other party has abandoned your child and does not wish to return, has engaged in specific types of criminal conduct, has abused or neglected your child, or has abused or neglected another child in the home. Consult with an attorney to help you determine the best course of action if you suspect neglect or abuse from the other party and to determine which route is best for your child. How Have Your Experiences As An Attorney Helped You Navigate The Emotional Aspects Of Family Law? When I was younger, my parents briefly separated and divorced but then remarried each other. I had a custom possession schedule, and I can see how this helped my parents co-parent and helped me adjust as best I could. In spite of their anger and pain, they were still able to co-parent and work through their differences without an attorney encouraging them to attack one another. My goal as an attorney is to help both parties co-parent if at all possible but to protect children above all. If there is danger or a serious risk of danger, I make protecting the child my first priority. If possible, I encourage parents to work together for the good of their child, come to amicable arrangements, and work to make their child’s life as peaceful and meaningful as possible, even in the aftermath of a divorce. This can help parents figure things out together without having to return annually with new complaints or grievances, a process that can drain finances and be exhausting for all, especially for children. What Happens When A Parent Doesn’t Meet Their Duties? Unfortunately, no one can force a parent to care for or take responsibility for a child. And in some cases, negligent or apathetic parents may willingly give up their parental rights. If you suspect that the other party is failing to meet their duties, for example, refusing to get psychiatric care for a clearly disturbed child, you can petition the court to order that they seek treatment for your child. Should they fail to do so, they may be found in contempt of a court order, and their parental rights could be modified or terminated as a result. This could allow you to receive sole custodianship and get your child the help they need. Always bring concerns about your child’s health and wellbeing to a trusted attorney, and allow them to work through solutions that will protect your child and your rights as a parent. For more information on Your Parental Rights And Duties In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

In this article, you can discover… How conservatorship is defined in Texas. Which factors determine conservatorship. How conservatorship impacts child support and medical needs. How Is Conservatorship Defined In Texas Law? Conservatorship relates to a legal adult’s rights and responsibilities to protect, care for, and make decisions in the best interest of a child. This term is usually used in relation to child custody and family law, i.e., a parent who has rights and duties to a child or possession of a child can be legally described as the conservator; essentially, the child’s legal guardian. Usually, this is a parent, though conservatorship can be granted to another adult by the court, such as a grandparent or adoptive parent. Different types of conservatorship are related to different levels of responsibility and involvement within the child’s life. What Are The Different Conservatorships In Texas? Conservators (or legal guardians) are generally described as “sole managing conservators” or “joint managing conservators” by Texas law. If you are the “sole managing conservator,” you have the main responsibility and right to care for the children, shelter them, and the exclusive right to make major decisions about their residence, health, education, and overall wellbeing. Sole conservatorship is generally granted to a parent only when a judge hears compelling evidence that: (1) the other party has a history of family violence, neglect, or substance abuse that endangers the child; and (2) granting joint conservatorship would not be in the child’s best interest. If a parent is granted sole conservatorship, the other party will be designated as a “possessory conservator,” which grants you the right to spend time with your child but not the ability to have the final say on major decisions. Even as a possessory conservator, you have the right to know and obtain information regarding your child’s health, education, and well-being. If a judge finds you pose a serious threat to your child’s safety, then additional restrictions may be added. More often than not, parties in a custody case will be designated “joint managing conservators” by the court. This is more common in Texas because it encourages the parents (or legal guardians) to maintain an active role in the child’s life. If designated a “joint managing conservator,” you will likely share some of the responsibilities and rights to make decisions about the child with the other parent. The rights and duties that each conservator (parent or legal guardian) is granted may vary in each case. What Factors Influence The Court’s Decision on Conservatorship? The biggest factor that a Texas court will consider when deciding conservatorship is what is in the best interest of your child. Factors considered include your child’s happiness, emotional wellbeing, physical safety, medical needs, the stability of the home, and your child’s age-specific needs. In many cases, joint conservatorship is granted because it is assumed that both parents have the clear ability to care for, protect, spend time with, and consider the needs of your child. If you tend to take on more of the responsibilities, then the court may grant you a few exclusive rights or duties to make certain decisions concerning your child. Serious issues such as abuse, neglect, violence, or parental habits that would harm your child’s well-being are also going to be considered by a judge when deciding whether to grant sole or joint conservatorship. If you want to raise a serious concern, you must be able to bring compelling evidence to prove the other party’s behavior endangers the child. How Does Conservatorship Impact Medical Decisions For The Child? In cases of joint conservatorship, the right to make non-invasive or emergency medical decisions for your child is typically granted to both parties. This allows both you and the other party to schedule and attend doctors’ appointments, facilitate ER visits, and consent to life-saving treatment for your child. In cases of sole conservatorship, these rights are given only to one parent and not the other. What about more invasive procedures, such as surgery or vaccines, that might be debatable or controversial? Unless these procedures are genuine life-saving emergencies, consent must be taken from the parent with sole conservatorship, if not jointly held. While Texas law could someday become more nuanced on this topic, as it stands today, sole conservatorship grants sole rights to decide medical treatment for your child. How Does Conservatorship Impact Child Support Obligations? If you’re the sole managing conservator, there’s a strong argument for you to be the recipient of child support in Texas. As you carry most of the responsibility of providing for, raising, and caring for the child, you have the right to request the court order for child support to be paid by the party without those responsibilities. The determination of which party has the obligation to pay child support will vary in cases where both parties are designated as joint managing conservators. Child support is more often given to the parent or conservator with whom the child lives most of the time. What if you have a joint 50-50 possession schedule with your child, meaning parents spend equal amounts of time with the child? In this situation, parents often agree that neither party will pay child support because they each have the ability to provide for the child’s needs during their periods of possession of the child. In the absence of an agreement, attorneys may calculate each party’s child support obligation and request a judge order the parent with a higher income to pay offset child support to the other party. For example, if the other party’s obligation is calculated to be $500 a month and your obligation is $700 per month, you may be asked to pay the other party a difference of $200 in offset child support. For more information on Understanding The Types Of Conservatorship In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

In this article, you can discover: The critical impact of domestic violence allegations on custody and child safety in Texas. Key practices to exhibit a safe, stable home environment during custody evaluations. Effective methods for ensuring continuous parent communication and cooperation in shared custody. What Role Do Allegations Of Domestic Violence Or Child Abuse Play In Determining Custody Arrangements To Protect The Child’s Safety? In Texas, the Family Code mandates a thorough examination of any allegations of domestic violence or child abuse when deciding custody arrangements. Evidence of physical force, sexual abuse, or family violence, particularly within two years preceding the case, significantly influences the decision to appoint a parent as either a sole or joint managing conservator. This is crucial both for the attorney representing the accused parent and for the one defending against these allegations. The court examines credible evidence of past or present child neglect or abuse in various forms, including physical and sexual abuse, between spouses or a parent and child. The court’s primary focus is determining the potential threat to the child’s safety and considering various custody restrictions or modifications, such as supervised visitation or safe exchange locations. A finding of family violence can eliminate the presumption of joint managing conservatorship, significantly impacting parents’ rights and responsibilities towards the child. How Can A Parent Demonstrate Their Commitment To Providing A Safe And Stable Home Environment During Custody Proceedings? To demonstrate commitment to a safe and stable home environment, a parent must show consistent past behavior in providing essentials like shelter, food, and safety. Stability is key; this means avoiding frequent relocations and maintaining a consistent schedule for the children. Additionally, articulating clear goals for the child’s future is vital. These goals should reflect a desire for the child’s overall well-being, including academic success, emotional health, and maintaining a respectful relationship with the other parent. This perspective indicates an understanding that custody battles are temporary, whereas co-parenting is an ongoing responsibility. The parent’s ability to foster their child’s interests and support their dreams, as evidenced through activities and engagements, further strengthens their case. What Steps Can Be Taken To Ensure Ongoing Cooperation Between Parents In A Shared Custody Arrangement? To foster ongoing communication and cooperation in shared custody arrangements, two key strategies are recommended. First, a co-parenting class is essential. It educates parents on effective co-parenting, tailoring to specific needs, and may include in-person sessions if necessary. Second, the use of a co-parenting application can help facilitate communication. These apps typically include shared calendars for tracking the child’s activities, enabling text, audio, and video communication, and a feature for managing expense reimbursements. Some apps even offer tone meters to encourage respectful communication. Beyond these tools, attorneys play a crucial role in influencing client perspectives. Advocating for agreement and cooperation, rather than fostering conflict, is paramount. This approach encourages parents to focus on the child’s best interests and maintain a functional co-parenting relationship post-litigation. For more information on Allegations Of Domestic Violence Or Child Abuse, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.