When clients are considering their proposed visitation/possession schedule or residency restriction, whether they are preparing for negotiation, option building, or requested relief from a Court, there are certain overriding issues they should consider. Clients who are considering something other than standard possession and residency restrictions should begin by thinking about the population increases in Texas, current and ongoing road construction projects, school schedules and … [Read more...]
In Resolving Divorce and Child Custody Disputes What Do Truth and Justice Mean?
In March of this year at the State Bar of Texas Annual Collaborative Law Conference I delivered the closing speech. This was the third time in a row I was asked to be the last speaker at the Conference. In 2020 I talked about The Power of Hope. In 2021 I spoke on Love in Time of COVID. In 2022 I spoke on The Love of the Game. I replayed videos of my interviews with divorced couples, divorce attorneys, and professionals in mental health and finance as to what they … [Read more...]
Using the “F” Word In Divorce
In a divorce case, we have a rule about not using the “F’ word. No, it is not that word, but it is the word “Fair”. Everyone wants a fair divorce settlement, but exactly what’s “fair”? There are two major issues that must be resolved in any divorce–how to divide assets and what to do about the kids. The major financial issues are to determine what assets belong to the community estate and what assets are separate property, who will pay child support, the amount of child … [Read more...]
10 Things Parents Should NOT Do During a Divorce
Do not put your children in the middle of your conflict. It creates a loyalty bind and may increase emotional distress. Do not allow the children to be a messenger. Parents should talk directly to each other about child-related information. Create a shared calendar for notification, activities, and logistics. Do not take kill shots to the other parent. Spare children from the gory details of the reasons for the divorce. They don’t need to hear negativity from either parent. A divorce is … [Read more...]
What is a Parenting Plan?
In 2005, the Texas Legislature revised child custody by requiring that the parties or a judge develop a parenting plan to allocate rights and duties. The elements of a parenting plan include who may exercise various parental rights and duties, who will pay child support and whether a parenting coordinator is needed to facilitate co-parenting post-divorce. Parents submit a proposed parenting plan to the court and if accepted, the court will issue a parenting order. Developing a parenting plan can … [Read more...]
Child Support and Custody
Child custody involves allocation of parental rights or duties and the amount of time the children spend with each parent. Rights and duties can be exercised independently by each parent, shared jointly by both parents, or awarded solely to one parent, depending on whether they can cooperate. Physical custody can be according to the standard possession order (one parent has primary custody of the children and the other parent visits his or her children every other weekend), the … [Read more...]
Child Custody Decisions
Divorce can be very difficult emotionally. Powerful feelings can get stirred up when discussing custody arrangements or a change in custody. Getting into a custody fight can be one of the most expensive, emotionally draining and destructive things someone can do. That’s true whether it is an initial custody determination or a subsequent modification or change of custody. A custody fight can be as damaging for the children as it is for the adults. For those who want a more civilized means of … [Read more...]
