Over 40 Years of Helping Clients with Their Family and Probate Cases
A recent study revealed that millennial Americans are 50% less likely to get divorced. But while the younger generations are more committed to staying married, the divorce rate across the United States is still high enough, which means that many couples still see no other solution to marital issues rather than divorce.
When divorce is inevitable, one thing almost always comes to mind: what about the children? Here are some of the things to be aware of with child support if you’re in Texas:
The fallout of a relationship, whether it’s within a marriage or not, is one of the most difficult times anyone has to go through. But what makes it harder for couples is the fact that it has a huge impact on their children, which is why the law aims to protect the welfare of the young through custody and visitation guidelines.
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When either you or your spouse decides to end the marriage, the next thing that comes to your mind is whether or not you should hire a Granbury divorce attorney to help you out. In Texas, you are not required to have a lawyer when filing or responding to a divorce case. However, certain issues such as parental rights, property, and money can turn into risks in the future.
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There’s this assumption that only the wealthy seek prenuptial agreements in order to protect assets. That is not the case as many other couples opt to do a prenup for different reasons.
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A man who is a biological parent has the right to his child even if he wasn’t married to the birth mother. This gives him the right to parent a child or sustain a relationship with them. However, their parental rights can become an issue when it comes to seeking visitation rights, child custody, or when the mother decides to put the child up for adoption.
Several cases in the U.S. Supreme Court ruled in favor of giving rights to unmarried fathers, particularly when they have established a substantial relationship with their child. For the court, a biological connection is sufficient for a father to want to establish a relationship with his child. The court considers the move a commitment to parental responsibilities.
If you’ve spoken to a Granbury divorce attorney regarding property matters, you probably know by now that property division is likely to be 50/50.
Texas is a community property state where all marital property will be divided by the court between parties as they agree, or in the absence of agreement, in a manner the Court deems just and right. This usually, but not always, results in an equal division.
In a child custody battle, it is a popular belief that the mother is often awarded custody or conservatorship of a child, with the father’s rights often overlooked.
But because he is still a parent, it is within the father’s rights to seek legal assistance to fight for and get custody of his child.
Issues in child custody often arise in any legal proceedings that involve children. In most jurisdictions, determining which parent the child should reside with is according to the child’s best interests.
In the United States, child custody is just one of the legal terms used when referring to such proceedings. Conservatorship and guardianship can be used as a substitute.
In the Texas Family Code, conservatorship is used instead of custody. It comes in two specific types—Joint Managing Conservatorship and Sole Managing Conservatorship.
To “probate” a Will or an estate refers to the legal judicial procedure by which a deceased person’s Last Will and Testament is filed with the appropriate Court so that the Judge can formally determine that the Will is valid and should be given legal effect. Without doing this, even if a person leaves a Will behind when he or she dies, if it is not admitted to probate, it has no formal validity or legal effect.
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Boyd Family Law Blog