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[…] to start is to make sure you know your rights. Understanding your rights is priority one, and a reputable attorney can explain those rights to you. For example, Texas Family Code Chapter 151 enumerates specific parental rights and duties for which you and/or the other parent can be deemed responsible. Some of these parental...Read More
[…] are frequently set within less than 14 days. You canβt just bring a doctorβs letter saying, βSheβs a nut,β or βHeβs a nutβ into the courtroom. You actually have to produce tangible evidence and/or have the prescribing physician be present to testify. In the eyes of the court, affidavits are hearsay, letters are hearsay...Read More
[…] soon after marriage do I need to file for an annulment? Timing is critical and something the court will look at closely when considering an annulment. For example, if your grounds for annulment vs divorce are the βI got drunk and married in Vegasβ grounds and you file for an annulment shortly after you...Read More
[…] a default judgment, the original petitioner can proceed with finalizing a default divorce without providing further notice to the spouse and once Texasβ 60-day waiting period has passed. * NOTE: There are exceptions to the 20-day deadline in Texas. Ask an attorney how it applies to your case. What unforeseen issues arise that turn...Read More
[…] There is no state of limbo with divorce, which permanently ends a marriage.Β Why do people seek legal separations? People decide to separate for many reasons. For example, some married couples want to live separate lives and forgo divorce for religious reasons. Divorce may not be allowed in their religion, or it may be...Read More
[…] dissolution matters that originated in a different state. And we have dealt with some cases where there is a difference between dissolution of marriage vs divorce. For example, some states view a dissolution of marriage much like Texas courts view an uncontested divorce or agreed divorce. In a Texas uncontested divorce, both parties agree...Read More
[…] back on the presumption of best interest and the belief that children benefit from having both biological parents in their lives. Even when you get to the actual trial and show the partyβs failings as a parent over the years, along with the timeline of events that have occurred (or the lack thereof), itβs...Read More
[…] substance abuse, child endangerment, child abuse or abandonment, among others. Itβs also worth noting that most sibling conservatorship cases we see are more temporary in nature. For example, an adult sibling may ask for temporary conservatorship of a younger sibling until a parent successfully completes treatment for substance abuse. Keep in mind, if the...Read More
[…] your attorney will need to bring all of the evidence you have available to support your claim that the actions or behavior the other parent says occurred actually did not. While rare, there are some cases where the other parentβs affidavit is so vague or unsubstantiated that it shouldnβt have merited getting a TRO...Read More
[…] the child is the other key component. The challenge many judges face is determining how much weight the court should give to each of those components. For example, say you have a 12-year-old who says, βI want to live with mom.β Thereβs a best interest standard and a preference standard to consider. If the...Read More