Friendswood Family Law Attorney Blog

Working mothers may be at disadvantage in custody disputes

2013-06-14T19:44:00Z

Court decisions relative to child custody disputes indicate that there may no longer be a preference for granting physical custody to mothers. In fact, courts are showing a preference for granting full physical custody of minor children to the parent who spends the most time with the children. In Texas, this preference puts mothers who work outside of the home at a distinct disadvantage, especially in cases where the father stays at home with the children.

Recent statistics show that, in the United States, more than 70 percent of women work outside of the home and that, in 30 percent of households, women are the primary breadwinners. Increasingly, fathers are spending more time with their children and, in a growing number of families, are staying at home full-time. As a result, in child custody and support disputes, mothers no longer receive automatic spousal support and custody of their children.

]]> When traditional roles of working father and stay-at-home mother began to change, courts showed a willingness to grant joint or shared custody. Some family court experts now believe that it is in the best interest of children, particularly young children, to have one custodial parent. The judicial system's preference for granting custody to the parent who stays home with the children could result in a situation where a working mother with a stay-at-home husband loses physical custody of the children.

Gone are the days when courts automatically granted mothers full custody of the children, and, in fact, working mothers may be at a disadvantage when it comes to child custody. In these changing times, it is important that individuals going through a divorce or separation retain an experienced family law attorney to advocate for their interests as it relates to child custody and support.

Source: Huffington Post, "Child Custody and the Working Mom", Lisa Helfend Meyer, June 01, 2013

Texas couple headed to divorce after ricin letter controversy

2013-06-07T18:58:04Z

A Texas couple is headed to divorce after the couple's involvement in a high profile poisoned letter scandal. Shannon Roger Guess, a 36-year-old actress, alerted federal authorities after discovering ricin in the refrigerator of the home she shared with her husband. After being alerted to the ricin evidence, federal authorities questioned Guess' husband's connection with the ricin laced letters that were sent to President Obama and New York City Mayor Michael Bloomberg.

Guess' husband was later released after authorities could not raise enough evidence to hold him in custody. Guess' husband told investigators that his wife had found the ricin at their home after being away for some time, and that the couple was going through a divorce. Guess claims that the couple had not yet filed for divorce but that she would do so soon after her husband's arrest. Guess was apparently fretful of her own safety as Guess' 19 year-old son stated that his mother feared that her husband was poisoning her with the ricin. Guess became suspicious after she found an order for castor beans on her husband's computer. Ricin is derivative of castor beans.

]]> Married couples going through tension in their marriages are sometimes spurned to file divorce after certain events. Sometimes the acrimony can escalate to accusations that are accompanied with serious consequences. Accusations of wrongdoing or even illegal conduct are often made leading up to, or even during, a divorce. Nevertheless, if a spouse feels that her life is in danger or that her spouse is a criminal, divorce may be a necessary action.

An experienced divorce attorney may be needed to help with the most acrimonious divorces. A divorce attorney can act as a buffer between the parties in order to keep stress at a minimum, and see that the divorce is conducted as efficiently as possible. Divorce attorneys can also help with the swift division of marital assets and any child custody arrangements that have to be made. Although divorce may be a difficult process to go though, attorneys can assist in making it easier to handle.

Source: New York Post, "Woman who ratted out hubby suspect in ricin-mailing probe says she wants a divorce", Rebecca Rosenberg, Kip Grosenick, and Dan MacLeod, June 01, 2013

The de-gendering of alimony

2013-05-23T01:10:02Z

Texas residents might be interested to hear that the traditional gender roles underlying alimony have been shifting over recent years. In the past, husbands were usually the ones ordered to pay alimony to their ex-wives. The reason for this decree was because women traditionally gave up their earning power to support that of their husbands and to care for the home and children. However, with the advances that women have made throughout the years economically, those trends have begun to change.

According to recent studies, 40 percent of wives who are their household's "breadwinners" earn more than their husbands do. This makes it so that wives, instead of husbands, may end up paying spousal support if the couple ever does decide to get a divorce. In today's marriage arrangements, it is becoming more common for the husbands to stay at home and care for the house and children while the wives are the primary breadwinners. Additionally, in some marriages, both of the spouses work equally although one spouse might earn more than the other.

]]> When couples decide to enter into a divorce, there are various issues that they must consider. They may decide to request alimony from the other spouse, and they might discuss how they are going to divide their property, including their assets and their liabilities. If they have any minor children together, they must discuss child custody arrangements as well as child support.

Family law attorneys may be able to assist people in their divorces by helping them file the necessary motions and gather any necessary documents. An attorney may also help clients negotiate with their exes to reach a fair divorce settlement that is in both parties' best interests.

Source: TIME Ideas, "The De-Gendering of Divorce: Wives Pay Ex-Husbands Alimony Too Read more: http://ideas.time.com/2013/05/16/the-de-gendering-of-divorce-wives-pay-ex-husbands-alimony-too/#ixzz2Tqx1PkE0", Liza Mundy, May 16, 2013

Community property title important in death and divorce

2013-05-16T02:51:04Z

Texas couples may want to take note of the state's status as one of only nine states in the country to offer community property deeds. A community property deed is one way for married couples to title property ownership and is an alternative to the more common joint tenancy. The differences between community property and joint tenancy are subtle, but they are important, especially with regard to divorce, death and property division and asset protection.

Community property ownership plays an important role in divorce as all marital assets are automatically split evenly between the divorcing spouses. This may be an equitable arrangement if the property was bought together. However, if one of the spouses used separate, non-marital funds to buy the property, it may be unfair. In joint tenancy, all property is split evenly, but if one party can show that the property's purchase originated separately they can be reimbursed through a court order.

]]> The way a property is titled also plays a role in the event of a spouse's death. In joint tenancy, property automatically transfers to the surviving spouse. The joint tenancy deed overrides any other document, including a will. That's not the case with community property ownership. Although ownership can transfer to the surviving spouse, it can also transfer to someone else if specified in a will or other estate document.

Since residents of Texas may choose to hold property as either joint tenancy or community property, it's important for couples to understand the difference, know their objectives and choose accordingly. Married people considering divorce or in the process of divorce may want to consult with an attorney. An experienced divorce attorney could examine the couple's assets and debts, advocate on behalf of their client and negotiate for the most financially beneficial divorce settlement.

Source: Opposing Views, " Community Property vs. Joint Tenancy", Beverly Bird, May 10, 2013

Texas debts incurred by husband may affect ex-wife

2013-05-10T18:52:02Z

Divorcing couples often focus heavily on property division and asset protection. However, the debts that have been incurred by either party are also an important consideration. Even if one party obtained the debts, both people may have to share in repaying them in community property states like Texas. Noncommunity property states say in the divorce decree that only the party who accrued the debt is responsible for paying it, but the debtors can still pursue the other party for repayment.

It is strongly recommended that debts be settled when people reach the end of a marriage. Whether it is a high asset divorce or the debts outweigh the assets, both parties will benefit from addressing the debts and having them paid as part of the settlement. This will prevent creditors from pursuing an ex-wife who did not make the charges, and it saves people the hassle of trying to defend themselves from these claims.

]]> Divorces are often complicated, but attorneys may help couples navigate the confusing waters and try to protect their best interests. If a husband has charged $10,000 in debt by purchasing gifts for a mistress, then the courts may agree to have that debt paid by having the husband surrender an equivalent sum in community property assets.

It?????????s also important to enlist the services of an attorney to ensure that there are no other accounts outstanding. People have been known to forge signatures, open new accounts and even drain the equity in the home with secret home equity loans. An attorney may request important documents to ensure that all debts are declared and there is an accurate picture of the finances.

Source: Fox Business, "Is Wife Liable for Ex", Sally Herigstad, May 07, 2013

Ex-Dodgers CEO wants divorce settlement dismissed

2013-05-04T20:32:54Z

The former CEO of the Los Angeles Dodgers wants her recent divorce settlement thrown out because she feels she was misled in regards to the value of the Los Angeles Dodgers. The former CEO was married to the owner of the team and filed for divorce before the team was eventually sold for $2 billion.

The ex-wife in this case is arguing that her ex-husband committed fraud by misrepresenting the Dodger assets for much less than what they really were worth, knowing that he would settle out of court for a lower amount. However, the former Dodgers owner is arguing that since his wife was the CEO of the team, she was responsible for the team's financial documents prior to the divorce settlement being reached in October 2011. Because his ex-wife did not do her due diligence, the former Dodgers owner is stating that it is not his fault she undervalued the team when she had all of the financial documents in her possession.

]]> Divorce settlements can often be very tricky, especially during high asset divorce cases. Since neither party wants to give up more than they have to in a divorce, each person typically will try to find a way to protect as much of their assets as possible. The best way to ensure that you are able to keep as many of your assets as possible without having to deal with the legal ramifications of misrepresenting your net worth is to hire a divorce attorney.

A good divorce attorney may be able to work on your behalf to ensure you get a fair deal and can reach an amicable settlement with your spouse. If you were to try and reach your own divorce settlement, you may not be aware of various legal loopholes or arguments you can make to help protect your assets.

Source: Star-Telegram, "Ex-wife wants Dodger divorce settlement tossed," Apr. 24, 2013

Supreme Court hears unique adoption case

2013-04-26T18:34:39Z

Since early in 2009, when he found out his girlfriend was pregnant with their child, one man, like many Texas fathers-to-be, wanted nothing more than to be a father who was part of his child's life. A strange combination of circumstances, however, has led to challenges to his rights for child visitation and parenting as he as fought a battle that took him all the way to the U.S. Supreme Court in April 2013. In a case with potential repercussions for single fathers, adoptive parents, social workers and family lawyers alike, people from across the nation, including Texas, are watching to see how the judges will respond.

In January 2010, the man unwittingly signed away his rights to his daughter, not knowing that his girlfriend had also signed away her rights to the child. Within days, he filed an appeal. After the man's daughter was born in Oklahoma in September 2009, she was taken to South Carolina to be put up for adoption.

]]> Because the father is a Native American, he is afforded certain rights when it comes to adoption. In December 2011, the South Carolina family court gave him custody of the girl, and he took her back to Oklahoma. In July 2012, the baby's adopted family contested, but the South Carolina Supreme Court did not agree with them. The U.S. Supreme Court began hearing arguments on both sides April 16.

In a legal battle over child custody in which both sides present a complex argument against the other, the child can be caught in a tug-of-war between two families. A Texas family law attorney might help resolve the dispute and ultimately argue for the best interests of the child.

Source: Tulsa World, "Supreme Court hears Indian child custody case," Michael Overall, April 15, 2013

Keeping a divorce on track with mediation

2013-04-20T10:14:26Z

When Texas couples begin to navigate the troubled waters of divorce proceedings, they may wonder how long the process will take. The answer, however, varies as it is based on a variety of factors that can impact the length of the divorce process. A litigated divorce typically takes much longer to work through the court system than does a mediated divorce. On the other hand, the couple who is separating ultimately determines how long a mediated divorce will take.

In a divorce, delays and time equal money. Every time one party requests argumentative communication with the other lawyer, the fees can increase. The process can easily become drawn out as both sides wait for the results of court rulings since the court can take their time in handling disputes.

]]> In a mediated divorce, the couple will go through a number of steps that can expedite the process. They can hire a mediator, retain their services and schedule a meeting on their own time. They will assess what issues they need to focus on related to any disputes. Then, they will disclose all required documents. This step alone stands in stark contrast to the tug-of-war that can occur in the formal discovery process. They will write up a settlement and might involve other professionals who help with financial issues or those related to children, and they may need to attend parenting classes depending on the state. With the help of a lawyer who focuses on mediation, they will file the final paperwork and attend the final court ruling.

While all divorces take time to work through the courts, a mediated divorce can usually be expedited through the system. A family lawyer can help Texas couples negotiate the best option for their situation and guide them through the mediation process.

Source: The Huffington Post, "Maintaining An Active Tempo In Your Divorce," Diane L. Danois, April 1, 2013

Texas wrestles with same-sex divorce question

2013-04-10T19:33:25Z

The United States Supreme Court is tackling the gay marriage issue. However, many states are already looking ahead to what their courts may encounter if same-sex couples decide to divorce. Currently, states that do not recognize gay marriage do not usually have laws in place to handle divorces of couples who have married elsewhere.

The Texas Supreme Court is currently considering a same-sex divorce case. The Attorney General has stated that Texas cannot handle divorce cases for same-sex couples because the state does not recognize the marriage as valid. The Attorney General says that voiding a same-sex marriage is the proper approach in these situations.

]]> However, this may present a problem for these couples if they decide to remarry in a state that allows same-sex unions. Those states might not recognize the fact that the first marriage has been legally vacated. The Defense of Marriage Act says that states are not required to recognize each other's marriage laws, but that states must acknowledge judgments made in another state's court system. If the Supreme Court rules that gay marriage must be upheld by all states, the situation could change quickly, allowing gay couples to both marry and divorce in all locations.

Couples who have been married in other locations but are seeking a divorce in a different state may benefit from consulting a family law attorney. An attorney may be able to help the couple find a way to dissolve the marriage legally or make recommendations about other actions they can take to get their divorce.

Source: My Fox, "Getting divorced in state that doesn't recognize gay marriage," John Donnelly, March 27, 2013

Arbitrator finds Deion Sanders prenuptial agreement valid

2013-04-05T14:35:32Z

In December 2011, football star Deion Sanders posted on Facebook that he and his wife were going to divorce. Since the announcement, Texas residents have watched numerous disputes play out in the proceedings, including child custody, child support and allegations of assault and criminal mischief between the spouses. Recently, it was ruled that the prenuptial agreement contested by Mrs. Sander's attorneys is valid.

Sanders' wife had claimed that the prenuptial agreement should not stand because it was partially forged. However, a family law arbitrator found that both spouses signed the agreement. This decision means that the parties will not have any opportunity to litigate any issues addressed in the agreement, such as the division of marital assets.

]]> The spouses had previously been to court over custody of the children. Sanders was made the primary conservator of the couple's two sons and a joint conservator of the couple's daughter. A conservator is able to make decisions regarding the child's upbringing, including where the child should live, in which activities the children may participate, and where the children go to school. However, the court retained the right to determine visitation. As conservator, Sanders will not have to make any additional child support payments.

Persons who are planning to marry have the ability to make decisions at the outset of the marriage and put them into a prenuptial agreement. The spouses can agree on a number of issues, including custody of later-born children, child support, spousal support, what property should be considered separate property and division of marital assets. These agreements provide invaluable insurance in case the marriage breaks down later. A family law attorney may be able to help negotiate and draft an agreement.

Source: NBCDFW.com, "Prenuptial agreement will stand in Sanders divorce," March 20, 2013

Former Dallas Cowboy gets full custody of sons

2013-03-26T15:54:35Z

A Texas jury recently voted for Hall of Famer and former NFL player Deion Sanders to receive full custody of his two sons. They also awarded Sanders joint custody of his daughter.

Although the pair's divorce battle is not over, with issues such as a prenuptial agreement child support and visitation up for debate, Sanders' win of child custody came after a grueling two weeks of contentious testimony. The jury voted 11-1 that Sanders should have conservatoriship and custody of his 13-year-old son and 11-year-old son. He will also have the ability to determine where his 9-year-old daughter should live as well as share in custody and conservatorship over her.

]]> Sanders' estranged wife was reportedly not pleased with the result, and her attorney asserted that Sanders' popularity as a former NFL player likely swayed the jury. Sanders' attorney said that the jury members stated they believed that allegations of Sanders being abusive to his children were not credible. Additionally, accusations that he kept guns accessible to children and that he took steroids were made in court. Sanders' estranged wife also said that she would appeal the decision and that it was only "halftime" in the case.

Child custody and related family law issues often pose complex issues. For example, both parents may believe that they are the most fit parent, so they may both retain the services of a Texas family law attorney in order to prove their case. A family law attorney may also gather evidence to prove negative aspects of the other parent's lifestyle as well.

Source: CBS DFW. "Jury Makes Decision In Deion Sanders Child Custody Case," Jason Allen, March 12, 2013

How to deal with divorce after 50

2013-03-21T20:07:52Z

The number of divorces occurring between couples in Texas and across the country over the age of 50 has risen dramatically, according to a recent study done by the National Center for Family & Marriage Research at Bowling Green University. One in four divorces are between those over 50, and the rate of "gray divorces" in Texas and elsewhere is only expected to increase. Individuals who divorce later in life often face larger obstacles than those who divorce when they are younger.

Part of the reason they may encounter more complications during divorce is due to the fact that assets are frequently larger and more diverse for older individuals, and they are often thinking about retirement after the age of 50. Additionally, couples who divorce when they are younger are frequently better able to recover from financial setbacks related to divorce, and they have more time to save up for retirement or make a career shift if need be. Someone who is older has to be very careful when making financial decisions that may be more difficult to undo, especially in relation to dividing up marital assets.

]]> In addition to financial considerations, people who divorce at an older age should be sure to remember to remove their ex-spouse from legal documents. Unless specified as a part of the divorce agreement, they will need to change designations for power of attorney, health care proxies and other beneficiary designations.

It may be a good idea for those going through or considering a divorce to speak with a knowledgeable divorce lawyer. A lawyer could help someone understand what is involved in filing and help them make choices that may stabilize their financial future. Additionally, lawyers may be able to help someone through the process and aid them in protecting their assets.

Source: Huffington Post, "Tips For Going Through A Gray Divorce," Howard Hook, March 7, 2013

Texas grandmother seeks custody in abuse case

2013-03-13T19:49:28Z

A south Texas woman is seeking custody of her infant grandson, who is the focus of a child abuse investigation. The boy was taken to Driscoll Children's Hospital in December after suffering multiple skull fractures when he was just three months old. At the time of the injury, the boy was living with his mother. Now the grandmother says she was told she is not qualified to obtain child custody.

Although the woman's son, who is the father of the infant, signed papers giving her rights to the boy, the woman was told at a hearing in March that a 2004 DWI conviction disqualified her from being his guardian. She believes she was misled about her chances of gaining custody. The woman says she was told before the hearing that she would be given an opportunity to talk to the judge about her case but was never called upon to speak. She also says that a Child Protective Service agent investigating the child abuse case let her think she had a chance of being named as guardian.

]]> In child custody cases, any behavior by a parent, stepparent or grandparent that is deemed to pose a threat to child's well-being will be viewed very seriously by the court. While many would agree that suspected child abuse is sufficient reason to remove the boy from his mother's custody, at least temporarily, many may question whether a nine-year-old DWI should preclude the grandmother from caring for the boy. The woman says her life is different today; she has a job and a car and lives in a house, where she has a room prepared for the baby.

It often makes sense for a grandparent to step in to care for a grandchild when the parents are unable or unwilling to do so. However, some grandparents may run into legal issues. If that happens, an attorney experienced in grandparents' rights may be able to help.

Source: kiiiTV, "Custody Hearing for Falfurrias Child in Abuse Investigation," Mar. 1, 2013

Woman claims Michael Jordan owes child support for son

2013-03-06T18:10:52Z

According to a paternity lawsuit that was recently filed against Michael Jordan, the six-time NBA champion is the biological father of a 16-year-old boy. The boy's mother is now requesting that Jordan take financial responsibility for his son.

Although Jordan is being asked to take a paternity test to prove that he is the boy's father, Jordan is requesting to have the lawsuit dismissed without having to take the test. Jordan claims that he is not the biological father of the woman's son and that court documents have already proven this. Like Jordan, many of our blog's readers in Texas may be wondering why the woman hasn't come forward sooner to seek child support payments from Jordan if he truly is the boy's biological father.

]]> The woman claims that she became pregnant after having a sexual relationship with Jordan. However, when the woman divorced her husband in 2003, the woman had signed divorce documents stating that her husband was the child's father. Now the woman is claiming that Jordan is her child's father and that Jordan is responsible for providing her with child support payments. The woman also wants the NBA star to help pay for the child's medical costs that are not covered by insurance.

Jordan claims that the woman's allegations are not true and that there is no reason for him to take a paternity test. The woman claims that she has decided to finally reveal that her child's father is Jordan because she believes her son deserves to have his biological father in his life. If the court decides not to dismiss the lawsuit, Jordan will need to take a paternity test. If it is discovered that Jordan is the biological father of the teen, Jordan may be required to pay child support.

When married couples divorce or when unmarried couples separate in Texas, couples will need to address child support issues if they have young children. When paternity has already been established, child support will be calculated based on several factors, including the number of children a parent has and is responsible for supporting financially. In situations when paternity is questioned, couples will need to resolve their paternity issues before they can move forward and address child support issues.

Source: The Associated Press, "Michael Jordan wants paternity lawsuit dismissed," Kate Brumback and Steve Reed, March 4, 2013

Our law firm handles a variety of divorce and family law issues, including child support matters. To learn more about protecting your children's best interests when it comes to resolving child support issues in Texas, please visit our Galveston County child support attorney page.

Use reason, not emotion, after filing for divorce

2013-03-01T20:18:14Z

For many married people all over Texas, Valentine's Day is a day to celebrate the love two people share with each other. They may choose to shower each other with gifts and affection to celebrate the occasion. Others may celebrate it in their own quiet way. Still other couples may not celebrate the day at all, preferring to treat everyday like Valentine's Day. For others, it is a sad day when some spouses decide their marriage is no longer worth fighting to save.

According to a study from the website AttorneyFee.com, divorce filings in February are 18 percent higher than they are during the average month. And the busiest time of month is in the days following Valentine's Day.

]]> The reasons could be many. Maybe the final straw was broken when a spouse in an already struggling marriage forgot it was Valentine's Day? Perhaps an unfaithful spouse was caught when trying to celebrate with a spouse and a lover? Or maybe it was, as the co-founder of AttorneyFee.com put it, the fact that spouses have spent the winter cooped up inside together and they realized that they couldn't stand each other anymore.

But whatever the reason, going through a divorce can always get complicated.

If the decision is fueled by emotion, it could mean that there will be a long court battle ahead. If it was two spouses coming to the decision jointly, then perhaps they could pursue a collaborative divorce or mediation. Once the decision to divorce has been made, it's best to take stock of the situation and enlist the help of a family law attorney, who can help make sure your interests are protected. Don't let the hurt you're feeling on a forgotten Valentine's Day make you do something you'll regret.

Source: CNN Money, "Day after Valentine's kicks off divorce season," Chris Isidore, Feb. 17, 2013