Dating while a divorce is pending is a common question. Can I date while going through a divorce? Is it OK to date someone even though the divorce is not final? Can I start dating if my spouse and I are separated but not yet divorced? In Texas, there is no “legal separation” step in […]
Changing child’s primary residence within one year of prior Order
If a parent is trying to go back to court to change primary custody within a year of the last order they better have a good reason. When there is a Court Order that designates the primary residence for a child, and a parent wants to quickly go back to court to change who designates […]
Visitation and Custody with COVID/Corona concerns
Parents sharing custody have questions about how Corona Virus/COVID-19 affects their possession and access (custody) order. If there is a shelter-in-place order do the child(ren) still have to go with the other parent or should they stay in one parent’s house? If a school district “extends” spring break, or cancels the school year and now […]
Stalking and Harassment in Custody/Divorce cases
What constitutes Stalking and/or Harassment in divorce or custody cases? Stalking and Harassment are both criminal acts, defined in the Texas Penal Code sections 42.07 and 42.072. B Stalking is defined as when a person, on more than one occasion, knowingly engages in conduct that they know the other party will regard as threatening injury […]
Does child support have to go through the attorney general?
A lot of clients and potential clients do not want to send child support through the attorney general’s office. The reasons vary from personal preference, wariness of government oversight, and a desire to maintain control over child support payments going to the other parent. In Texas, child support must be paid through the Attorney General’s […]
Holiday Visitation; When it begins and ends
I receive many calls when the Holiday season arrives. There is usually confusion when a parent’s holiday visitation starts and ends. Does it start on the day of the Holiday, the day before, the weekend before, the Monday before? There’s no end to the interpretations I hear. In Texas, the custody and possession orders will […]
De Novo Hearings from Associate Judge’s Court
When you have a hearing in front of an Attorney General Judge that’s usually an “Associate Judge.” That’s a Judge who’s been hired by the local County to perform certain tasks to free up the main Court’s schedules for other types of cases. In larger Counties they may have multiple Associate Judges handling a variety […]
Child Support Guidelines Going Up for High Income Earners
In Texas, Child Support is based on the paying parent’s income. There is a maximum amount of child support that’s presumed to be in the child’s best interests under the Texas Family Code. This “maximum child support” under the guidelines is presumed the highest child support allowed, absent unique medical other other circumstances. The Attorney […]
How does a Protective Order affect a divorce or custody case?
In Texas, when a party received a Protective Order, it’s usually one of two varieties that effect a divorce or custody case. The initial protective order, Emergency Protective Order (EPO), goes into place if there is an arrest. EPOs usually last from 30 to 90 days only. They are limited in scope. Their focus is […]
Can I change my last name as part of the Divorce?
You can change your name back to a former name used before marriage.