In most cases, mediation is a much better option for determining child custody arrangements than a drawn-out court battle, it can: result in a faster resolution; encourages communication between both parties; and be much cheaper than having the courts settle your custody matters. Understanding How Mediation Works Child custody mediation can be a good alternative… Read More
Frequently Asked Questions
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What’s considered a legal separation?
Legal separation refers to the process whereby couples are living physically apart and the courts have the ability to make rulings regarding martial matters prior to divorce. The State of Texas does not allow or recognize legal separations. Temporary Agreements During a Pending Divorce Legal separations may not be valid in Texas, but couples can… Read More
Do I need to tell my employer or landlord I filed bankruptcy?
Depending on what kind of bankruptcy you filed — Chapter 7 or Chapter 13 – an employer or landlord could discover it. Furthermore, the answer varies in regard to your boss and your landlord. Do I have to tell my employer I filed for Chapter 7 bankruptcy? Filing Chapter 7 bankruptcy does not obligate you… Read More
What does the court consider in deciding if grandparents should have custody or visitation rights?
In Texas, grandparents may have the right to possession and access to the child, or even the right to physical custody (managing conservatorship), which entails primary residence and/or ability to make decisions regarding the child’s life. This will depend on the circumstances and what the court believes is in the child’s best interests. Grandparents’ Right… Read More
Can I file for bankruptcy again? Is there a time limitation between bankruptcies?
If you have previously filed for bankruptcy but need to file again, the ability to do so depends on if you’re filing the same type of bankruptcy as you did the last time. Different rules apply. This will also determine when you can file the next bankruptcy. The majority of people, roughly 80 percent, who… Read More
How is child support calculated in Texas?
Child support is calculated with a state-mandated formula that takes several figures into consideration, including the income of the parent paying child support, as well as the number of children receiving support. After the child support obligation has been figured and court ordered, the obligator’s employer will deduct the payment from the paycheck. The payment… Read More
Does the court consider criminal charges when awarding custody?
When determining custody of a child, the courts will look at a criminal record. This also pertains to criminal convictions. Additionally, a new partner’s criminal record will come under scrutiny if your child often interacts with the new partner. Under Texas Family Code Section 153.002, the courts must make custody decisions based upon what they… Read More
How do we decide who gets our children on certain holidays?
The parents may make decisions regarding who gets the children on certain holidays, or state laws may apply. Of course, it’s best if parents can come to a mutual agreement. In fact, it should be the goal (as much as possible) to work together on any issue surrounding the children. How the Standard Possession Order… Read More
Do I have to close all my bank accounts after a bankruptcy?
Bank accounts don’t necessarily have to be closed after a bankruptcy. However, the money in those accounts could become an issue when filing for Chapter 7 bankruptcy. That’s because the assets of those who file Chapter 13 bankruptcy are protected. But with Chapter 7, some types of property have to be sold or used in… Read More
What are mothers’ rights in child custody?
Mothers’ rights in child custody do not automatically grant her care of a nursing infant. When determining custody, judges will look at a whole panel of factors, and whether or not the infant is breastfeeding is only one of the factors that will be taken into consideration. What Texas Laws Say about Nursing Infants and… Read More
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