Be mindful of what you tolerate as it relates to your child(ren) during your relationship because that same tolerance could come back to hurt you in your custody case. Accepting poor behavior or negligence of the of the other parent during a relationship and then using it against them in a custody case can call into question your judgment and character. This can be just as concerning to the judge as what the other parent was doing or failed to do. It’s important to remember that in child custody cases, you’re trying to prove to the court that you are acting in the child’s best interest and that what you are requesting is in the child’s best interest.
In Texas, all property acquired during marriage and owned at the time of divorce is presumed to be community property. This includes those bank accounts in the name of one spouse only. A spouse's name does not have to be on the bank account for the money to be community property in Texas. What matters is that the property is owned at the time of divorce. However, premarital (prenuptial) agreements can help parties determine the characterization of their marital property. If you do not have a prenup, the only way to overcome the community property presumption is through a method called tracing.
During divorce and child custody cases, there are situations where one parent will speak negatively about the other parent to the child in an effort to influence how the child feels about the parent. If the court finds that a parent is doing this, it could adversely affect your custody of your child and visitation with your child. Speaking negatively about the other parent can be a factor in you losing during litigation.
Many courts in Texas require mediation prior to a final trial in family law cases. This is because mediation in family law allows the parties to come up with their own terms of their settlement and save the time and expense of a final trial. Selecting a mediator who is well versed in family law is essential to a successful outcome in mediation.
Attorney Leneice Lewis appears on Isiah Carey's Factor Uncensored and discusses prenups and misconceptions about what they mean and their limitations.
Attorney Leneice Lewis appears on Isiah Carey's Factor Uncensored to discuss "steps to take toward independence from marriage"
It's not uncommon for separated parents to want to be able to determine who the other person can have around their child(ren). But, the question is "can you"?
Attorney Leneice D. Parker on Fox 26 Isiah Carey's Factor Uncensored on July 4, 2019.
Texas Family Code 153.009 makes it mandatory for the court to interview a child who is at least 12 years old in chambers, to determine who that child wants to reside with and/or visitation if either party requests that the court do so. If a child is younger than 12 years old then the court can exercise discretion in whether or not they want to interview the child.
Bursting a Common Child Support Myth
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