Protect Your Family Interests by Hiring a Family Law Attorney

Your future, your children’s future and your financial stability are important and must be protected Why it is important to hire an attorney that specializes in family law to represent you in ANY family law case: Many people might suggest that my point of view on this is biased because I make my living by working for an attorney, but that is not the case. I have witnessed personally the disasters that happen when people choose to represent themselves pro se in divorce or other family law cases. It does not matter how smart you are or how much you study up on the law, unless you practice Family Law in Texas, there are still things you can miss that will cost you in the end. It should be telling that even attorneys decide to hire another attorney when they need legal representation in an area of law with which they are not familiar. Even [...]

By | July 17, 2017|Children & Family|

Child Custody Changes in the 85th Texas Legislature

The Texas Legislature closed the 2017 session on May 29. Several laws were passed that affect Texas Family Law. Here is one small – yet important – child custody change in the statute that governs modification of an order for the Conservatorship, Support, or Possession and Access to a Child. Temporary Orders in a Suit to Modify Primary Conservatorship What the new language states is that – in cases where no parent has been granted the exclusive right to determine the child’s primary residence (primary conservatorship) – a court may not create a temporary order that has the effect of granting one parent this exclusive right. And also, no temporary order may be created that has the effect of changing or eliminating the geographic area within which a parent must maintain the child’s primary residence. This new language does provide for an exception when the temporary order is in the best interest of the child [...]

By | July 7, 2017|Children & Family, Family Law Updates|

Child Custody Evaluation: Changes to Texas Family Law

Texas Family Law Changes in the 85th Texas Legislature The Texas Legislature closed its biannual session for 2017. Although a Special Session may be called by Governor Abbott, it will not affect any Family Law issues. The Legislature did pass several bills that impact Texas Family Law. Here is one. Child Custody Evaluation The statute dealing with Child Custody Evaluations was revised this year. A significant change now offers more protection to child custody evaluators from being liable for civil damages arising out of the evaluator’s actions, recommendations made or opinion given in their capacity as a child custody evaluator. These protections have been in place for a guardian ad litem, attorney ad litem, and amicus attorneys for some time now. Finally those protections have been extended to evaluators. As anyone who has ever been involved in a child custody case knows, someone is always unhappy with the conclusions in a child custody evaluation. Many [...]

By | June 26, 2017|Children & Family, Family Law Updates|

Grounds for Termination of Parental Rights Under Texas Family Law

Texas Family Law and parental rights In Texas Family Law, the most common grounds for termination of parental rights in a step-parent adoption are: Natural parent is deceased; Abandonment of a child or children; Failure to provide support (emotional as well as financial); Imprisonment; or Abuse. To make the step-parent adoption process go as smoothly as possible under Texas Family Law, every effort should be made to gain consent of the absent parent. There many remedies that we can pursue in helping you to achieve this and to make other preparations, including achieving a court order terminating the former parent, if necessary. Provisions in Texas Family Law Some of the provisions outlined in Texas Family Code § 161.001 that can support a termination of the parent-child relationship, if found to be in the best interest of the child, are: Some form of abandonment of the child for a specified period of time where [...]

By | October 22, 2012|Children & Family|

Court Ordered Parenting Classes in Montgomery County

Helping children cope with divorce through family court ordered parenting classes Montgomery County parenting classes are court ordered in connection with a divorce under the rules set forth by the 418th District Court, Judge Tracy Gilbert. As provided for in the Texas Family Code § 105.009 parents are mandated to attend and complete a parenting course in divorces where the parent-child relationship is affected. We encourage parents to attend court ordered parenting classes as early as possible to avoid delay of your divorce being finalized, or having sanctions imposed or custody removed until the course is completed. Also, it is a good idea to confirm that the course of your choice will be accepted by the court before registering. To help our clients and community, a Parenting Classes Resource List of courses is posted on the Spofford Law website. Parenting Classes in Montgomery County Read these course contents carefully to ensure that you select a [...]

By | August 28, 2012|Children & Family, Navigating Family Courts|