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What Kind of Evidence is Needed in Divorce Trials?
The prospect of divorce litigation can be intimidating. Unless you have been through a contested divorce before, you do not know what to expect. It is normal to be nervous about an upcoming trial, but knowing that you are well-prepared can help you feel more confident. In an uncontested divorce, no evidence is introduced because the parties themselves are making the decisions, and both parties are presumed to know the truth. In a contested divorce, the judge will need to see evidence to help him or her decide what the facts of your case are so that he or she can make an informed decision. An experienced Houston, TX divorce attorney can assess your case and help you begin gathering the evidence you will need.
Your Testimony and Your Children’s Testimony
Perhaps the most important - and most frequently used - form of evidence in a divorce trial is testimony from the parties and their children. Judges are often - but not always - able to discern when a party is telling the truth from listening to testimony in court. You may be asked to answer questions in front of the judge, or to prepare a sworn written statement, called an affidavit.
Preparing for the Adoption Process as a Same-Sex Couple
Parenthood is very much an option for same-sex couples and any other couples who cannot or do not want to have a biological child together. Options like surrogacy followed by legal adoption at birth, agency adoption, and even adoption through foster care are available. Legally, same-sex couples must be treated equally during the adoption process, but sadly, in practice, some will face discrimination. Same-sex couples who are planning to adopt a child together should be represented by an experienced Houston, TX LGBTQ+ family law attorney throughout the adoption process. Having an attorney on your side can help you be prepared to overcome some of the common barriers same-sex couples face when adopting, especially through agencies.
Do We Have to Get Married to Adopt a Child Together?
Many very committed couples are choosing not to get legally married today. You do not need to be married to adopt, but you will likely be treated as two single adults rather than a set of parents during the application process. This is most likely to be an issue when one parent would not be qualified to adopt alone due to a disability or because he or she is dependent on the other’s income. Married couples tend to see an advantage when trying to adopt through an agency, regardless of whether they are same-sex or opposite-sex.
Help Transitioning to a Co-Parenting Relationship
Co-parenting looks different for every family. Some co-parents have an amicable relationship and can attend their children’s choir concerts or baseball games together. Others are at odds and refuse to be around each other unless it is absolutely necessary, handling custody exchanges from the end of the driveway without exchanging a word. Many co-parents are not married or in a committed relationship when their child is born and will be co-parenting from the beginning. Regardless of your type of relationship, there are tools like co-parenting apps and co-parenting classes that may be required and can help you. If you are transitioning to being co-parents, you should be represented by a Houston, TX child custody attorney while you are making formal child custody arrangements.
How to Decide Where Your Pets Go During Divorce
Deciding who will keep your family pets can be a very emotional part of dividing your marital property. Pet lovers often struggle with deciding who a family pet should live with during their divorce. While you might have sentimental feelings about other pieces of marital property, the attachment you feel to your belongings is likely nothing like what you feel for your pet. Spouses sometimes resolve every other issue in their divorce and then find that they cannot agree on who keeps the pets. You have a lot of different options when it comes to choosing who your pet will live with. Many spouses continue to share their dog or cat’s time after they get divorced. An experienced Houston, TX divorce lawyer can help you find the right solution for your pets.
Signs Your Spouse Is Coaching Your Child During a Custody Case
"Coaching" is a term used in family law to describe a parent telling a child what to say to the court or to a guardian ad litem, generally to gain an unfair advantage in an ongoing child custody battle. Although most divorce attorneys will caution clients against it, coaching happens nonetheless. It is often fairly obvious to professionals like guardians ad litem who are trained to work with children. Courts do not look favorably on coaching, as it suggests that the parent is putting his or her own interests above the child’s actual needs and preferences. If you suspect that your co-parent is instructing your child on what to say, you should inform your Houston, TX child custody attorney immediately.
How to Tell if Your Child is Being Coached
Coaching during a custody dispute is most commonly done by a parent, but grandparents or a parent’s new partner may also be guilty of trying to influence what a child says. Some signs that your child is being coached are:
Does Mediation Work for a High Net Worth Divorce?
Divorce is rarely an easy process, but when substantial assets are involved, things can become very difficult. High net worth divorces, which often include large properties, business interests, and valuable investments, bring unique challenges. Spouses who no longer enjoy a healthy relationship often stay together because the process of dividing property simply seems too challenging.
One option that can make the process smoother is mediation. In mediation, both spouses work with a neutral third-party mediator to reach an agreement outside of court. Not only can this save time and money, but it can also reduce the emotional strain on both parties. For many couples, mediation provides a private and efficient way to resolve issues. An experienced Houston, TX divorce attorney can guide you through the mediation process and ensure your best interests are protected.
Can Child Support Be Modified After a Major Life Change?
Divorce often disrupts the lives of those involved, including the couple’s children. Child support is a way for the state to make sure that throughout these disruptions, children’s basic needs are not forgotten or discarded. A divorce court will therefore issue a child support order which usually compels both parents to financially support their child. Once they are issued, child support orders are hard to change.
Circumstances evolve, however, and the law understands that significant life changes may affect a parent’s ability to provide child support. In some cases, a change in circumstances may be enough to justify a child support modification, though it still may take a Texas child support attorney to convince the court to do so.
This article will discuss when a life change may be grounds for child support modification. First, however, it is important to understand which factors a judge takes into account when ordering child support in the first place.
Why Should You Establish Paternity in Texas?
When a married couple has a baby, the two are automatically considered to be that baby’s parents, with all the legal implications that come with that determination. Things are less simple when parents are not married to each other at the time of birth. When a woman is pregnant and gives birth, she is legally recognized as the baby’s biological mother. However, an unmarried father will need to prove his relationship with the baby. There are several reasons why you might want to establish your paternity since it can benefit the baby, the mother, and you. If you want to make sure you are legally recognized as your baby’s father, speak with a skilled Harris County, TX paternity lawyer who can guide you through the process.
Who Benefits From Paternity in Texas?
If a man is married to a woman when she gives birth, his paternity is considered fact for all legal intents and purposes. There is no need to prove it, and it is automatically recognized. However, if you are not married when the baby is born, it suddenly becomes something you need to prove. It is a fairly straightforward process, particularly when both parents agree about their relationship to the baby. If there is disagreement, genetic testing, which can often be conducted using a swab of the inner cheek, can determine any biological relationship.
Can Adoption in Texas Be Reversed?
Most adoptions have an experienced attorney to guide the process and ensure all paperwork is properly filled out and filed and all legal procedures are followed. Yet even attorney-guided adoptions that follow all laws and rules can occasionally go very wrong, causing an adoption reversal. If you are facing such a heartbreaking situation, you need a highly skilled Texas adoption attorney to help you through this difficult time.
DFPS reports that 4,586 children were adopted across Texas during 2021—a number that is down from 2020 when 5,270 found loving homes with adoptive parents. The number of children being adopted from Texas foster care has steadily increased from 2016 through 2022, although older children are still not as likely to be adopted as toddlers and babies.
More than half of all children and teens in the state are adopted by relatives—usually grandparents, aunts, and uncles. Most adoptive parents find their lives are significantly enriched by their newly adopted children and cannot imagine life without them. On rare occasions, however, there are unusual situations where Texas adoptions are reversed.
What Are Parenting Classes and Do I Need Them?
You and your spouse have decided to get divorced. Both of you are now preparing for the divorce process and getting your affairs in order. You have signed the papers, prepared your financial disclosures, and decided who will take custody of the family pet.
But there is something your divorce lawyer failed to prepare you for: parenting classes. Some courts require parents of minor children to attend parenting classes before the judge makes a final verdict on child custody, or what Texas law calls “possession.”
Being ordered to attend parenting classes can be an unpleasant surprise, and may even feel embarrassing, as if your parenting decisions are being unfairly judged. Hiring the right Illinois divorce attorney, however, can help you avoid any surprises and make the overall divorce process smoother.
What Are Parenting Classes?
Judges sometimes order parents who are getting divorced to complete what Texas law calls a Parent Education and Family Stabilization Course. This is a course taught by court-approved licensed professionals and is designed to prepare you for parenting after divorce. The course is usually broken into several parts and can last a total of between four to 12 hours.
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