Can a Child Age Twelve Decide Which Parent to Live With

Published July 29, 2017 | By

I have been asked this question more times than I can count during my career.  More often, it is stated to me as fact, as in “well my child is over twelve, so he/she gets to decide who he/she wants to live with.” This belief is based on a misinterpretation of a very real Texas Family Code statute concerning the wishes of a child twelve or older.

Section 153.009

Here is what Texas Family Code Section 153.009 says Continue reading →

Posted in Children & Divorce, custody

What is “Standard” Visitation Anyway?

Published June 10, 2016 | By

Texas divorce lawyers frequently refer to the “SPO” which is short for the Texas Standard Possession Order.  This statute defines a default visitation schedule that is presumed to be in the child’s best interest.  While this presumption is rebuttable under certain circumstances, my guess is that the Standard Possession Order (or some slightly modified version of it) is the visitation schedule in 90% or more of the divorce cases in Texas.

The statutory schedule is very long and detailed.  You can view the actual statute here.  In this article I will highlight Continue reading →

Posted in Children & Divorce, Men's Issues, Visitation

How to Break the News of Divorce to Your Kids

Published May 9, 2016 | By

family-spiltFor most people getting divorced is a gut-wrenchingly painful process. For those with children, it can be even more painful as you witness the negative impact that the separation, divorce and many other divorce-related changes have on your children. As a divorce lawyer for over 20 years I have seen many clients struggle with this issue. As a divorced parent myself I can attest that this was one of the most difficult parts of the process.

One of the most significant events of the divorce process is the beginning – specifically, Continue reading →

Posted in Children & Divorce, Divorce

Should You Hire a Family Law Attorney or Use an Online Divorce Form Website?

Published March 15, 2016 | By

When should you hire a family law attorney and when is it okay to use an online divorce form website to save a little money? This article will provide a few pointers to help you decide whether to do it yourself or retain an attorney.

What Does it Mean to Use an Online Divorce Form Website?

Essentially, using an online form website in your family law case means that you will represent yourself – you are acting as your own attorney. All of the online divorce form sites have disclaimers making it clear that they are not your attorney and that they are just preparing documents on your behalf. While it is your constitutional right to act as your own attorney, there are some significant risks involved that should be evaluated before Continue reading →

Posted in Child Support, Children & Divorce, Divorce, Property Division, Uncategorized | Taged , , , ,