by C.E. Borman & Associates | Apr 30, 2019 | Blog, Child Custody & Support, Divorce, Modifications & Enforcement, Uncategorized
Parents often must work together to raise their children for several years after divorce. As the years go by, many parents realize that changes in circumstances may require a modification to their child custody arrangement. Generally, a parent who wishes to modify an existing child custody order must petition the court. Child Custody Modification in Texas Under Texas law, either parent may file a petition seeking child custody modification anytime. The petition must be filed in the court that granted the divorce, unless the child has moved. If this has happened, the case may be transferred to the court in the child’s new county. However, there are certain factors that must exist before a court will grant a change in present custody arrangements. Texas family law states that a court may modify a child custody order if the change is in the best interest of the child and one of the following applies: The circumstances of the child or parent have materially or substantially changed since the date of the original child custody order or order to be modified. The child is at least 12 years of age and will tell the court in private chambers with the judge that he/she would like a change. The custodial parent has voluntarily given the child’s care and custody to another person for at least 6 months. After finding one of the three prerequisites, the court must still consider whether the change will be in the child’s best interest. Texas law states that the best interest of the child “shall always be the primary consideration” during child-custody disputes. List of Relevant Factors When examining the best interest of the child, Texas courts...
by C.E. Borman & Associates | Feb 26, 2019 | Blog, Child Custody & Support, Divorce, Family Law, Uncategorized, Visitation
A common issue in divorce and custody matters is the residency restriction that Courts in Texas impose. The state legislature has said that they want to support and promote the relationship between the non-custodial parents and their children. They do this by assuring that there is frequent and accessible contact between the non-custodial parent and their child. In Texas, a residency restriction is applied in almost all divorce and custody cases. Geographical Limitation The Courts have determined that in Texas a residency restriction can be as big as Texas or as small as a school district. The size of the geographical area is up to the court’s discretion subject to the facts of the case that they hear at trial. The residency restriction is a court-imposed limitation on where the child can live – not the parents. If you’re the custodial parent of the child, and the court limits the residence of the child, then your residence is also limited. When one parent wants to move away with the child, the court hearing the custody case must determine whether the move is in the child’s best interest as well as the public policies set forth in the Texas Family Code. Factors For and Against In addition to using the Texas Family Code, the court may consider other factors for and against the move. These considerations include the child’s age, opportunities the move will provide, accommodation of the child’s needs and talents, the non-custodial parent’s ability to relocate, visitation and communication with the non-custodial parent, and relationships with extended family. If you want a residency restriction in Texas, you need to show...
by C.E. Borman & Associates | Feb 4, 2019 | Blog, Child Custody & Support, Divorce, Family Law, Uncategorized
The month of February is often associated with romance and valentines, but ironically, it is also the most active month for divorce. The holidays are over and now we’re entering what some call the divorce season because divorce filings begin to spike in January, peaking in February and March. Why do more people take the leap to dissolve their marriages during this time of year? Perhaps this is because seeing other couples express their Valentines’ affection serves as a wake-up call that our hearts are no longer in it. Or perhaps the withdraw of holiday warmth from December leaves us feeling lonely and despondent in January, and we finally decide to take action in February. What do you think is the cause? Experts speculate that unhappily married couples schedule their divorce filings around Valentine’s Day, as well as summer vacations, for a variety of reasons. There are a few explanations why people might time their marital dissolution this way. It might just be too difficult to announce a divorce around family-oriented Christmas time, especially if there are kids involved. Plus, January is a time for making resolutions, and some people resolve to make a fresh start in the new year when they are unhappy in their relationship. During the summer, couples may look at their vacation as an opportunity to give it one last shot, and what they were hoping would happen didn’t occur. For others, it could be that people don’t want to ruin a family getaway, or that vacations are so stressful they drive the already-dissatisfied to divorce. The more likely reason could be that people decide their differences...
by C.E. Borman & Associates | Dec 3, 2018 | Divorce, Emotionally prepare for divorce, Family Law, Modifications & Enforcement, No-Fault Divorce, Uncategorized
People have a desire for companionship and they are willing to risk a lot for love. With 9 out of 10 Americans getting married at some point in their life, it seems like a good idea to get married. There are financial benefits and married couples are traditionally happier and more economically stable than their single, divorced, or separated counterparts. However, your marriage is in question and you’re facing a real dilemma. A divorce or separation is hard to deal with regardless of how your separation goes down. This will feel deeply frustrating. You will want to argue over details, assign blame, and defend your actions … but here’s the truth: it really doesn’t matter any more. The kindest thing you can do for you and your spouse if divorce is what you want is to be very clear about your decision and be clear about what you want. The Sooner the Better! For whatever the reasons, wrapping your mind around the fact that you’re getting divorced (or even thinking of divorce) is not to be taken lightly. It’s traumatic! Deciding to divorce is one of the most crucial decisions you can make with consequences that last for years or even a lifetime. Most couples who begin a divorce are unprepared and are often not even in agreement. Usually on some level there is a struggle to understand why it’s happening. You or both of you are not really ready for the divorce, but you know it is inevitable. Why Consult A Divorce Attorney? For divorce to be a collaborative and respectful process, you must be prepared and ready to separate your...
by C.E. Borman & Associates | Oct 12, 2018 | Child Custody & Support, Divorce, Emotionally prepare for divorce, Family Law, Property Division, Uncategorized
Unless you’ve gone through a divorce before, it’s not very clear what you’re suppose to do after the divorce is final. You may be counting down to that marked day on the calendar when your divorce is final, and thinking all the conflict, cost and collateral damage will be over. While you’re waiting for that day to arrive you may dream of the day when it’s over and you can take a long vacation by the beach, relaxing and soaking up the sun. Why not! You certainly deserve a dream vacation after surviving the grueling process. The truth is no two marriages are alike. Just like no two divorces are alike. The divorce process will be similar no matter where you live. Most divorces can be very difficult and hard to deal with. Anyone going through a divorce will tell you it is like being on a roller coaster for a while, but it does get better after your divorce is over and you begin to create your separate life. To keep moving forward after your divorce, the first step is to get organized. Gather all your bills, a calculator, a pencil, a calendar, your checkbook and your divorce judgement. Blueprint Your Divorce Judgement Your divorce judgement says what is supposed to happen, but you are responsible for making it happen. To make matters more complicated, there is not one place to go to get it all done. You must separate your bank accounts, deal with your debt, and divide up your stuff. That means you are the one to cancel credit cards, fill out forms, request name and...
by C.E. Borman & Associates | Sep 10, 2018 | Divorce, Family Law, Standing Orders
When you have been served divorce papers, you have less than 30 days to deliver your written response in which you will either agree to the orders or file a counterclaim. Getting divorced is never an easy process. It causes a lot of emotions and negative thoughts that may cloud your judgement when dealing with the legal responsibilities of the divorce process. You may feel panic, rage, and numbness or like you are going crazy. No matter the circumstances, you need to understand the legal constraints once a divorce petition is filed. Since you will have about 20 days from the time you were served to give your written response, or a default can be taken against you, it is important for you to meet with an experienced family law attorney who listens and helps you find your way through the pain and grieving to a clear and focused understanding of your legal rights and responsibilities. It is important to protect your interests from the start of the process. The initial orders will include the divorce petition and information about the standing orders on your assets and behavior. Standing orders must be attached to any divorce petitions filed in the county and applies to the parties while the case is pending. What is a standing order? Standing orders have been adopted by the district courts of Brazos Valley as a code of conduct regarding the treatment of children and property during divorce. These orders may include a motion for temporary orders regarding custodial issues for minor children, child support, spousal support and use of the family home. The standing...
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