Michael D. Tracton Law Office PC


Call For a Free Initial Consultation

Sugar Land Divorce Law Blog

How to approach child custody for special needs children

As if divorcing your spouse is not confusing enough, you have a special needs child who is in the middle of the divorce proceedings. How child custody is negotiated is different for a special needs child than for children without special needs. This can affect the financial negotiations. At the Law Office of Michael D. Tracton, we have over thirty years of experience in child custody and would like to speak with you personally about your child custody proceedings.

As you already know, special needs children require special care and attention. This applies to child custody proceedings as well. How the court views and treats special needs children is different from the way they treat children without special needs. This can affect child support and other negotiable points between a divorcing couple.

Duties of a parent according to Texas Family Code

A father of a child may instinctively know to love and protect his child. But what about legal obligations? According to the Texas Family Code, a parent is obligated to do certain duties; these duties accompany their parental rights. These duties offer a certain guarantee to the child that the parent in obligated to meet certain criteria.

Of course, these duties are legally binding, but they will also most certainly benefit a parent's relationship with their child. For one, while fathers have a right to custody or at least regular visits with the child, along with that right goes at least the moral responsibility to build a relationship with that child and to take appropriate legal action should he feel that the custody and visiting arrangement should be changed..Support means contributing to his son's or daughter's as well as being sure that the child gets both proper medical care and a suitable education.

How do I manage my child's emotional well-being during a divorce?

While two consenting adults can agree that their marriage has come to an end, it can sometimes be difficult for the children involved in that marriage. While there may be some debate as to how to handle child custody between the divorcing parents, there will hopefully be some agreement on how to manage the emotional well being of children involved in a divorce.

According to the American Psychological Association, or APA, there is much parents can do to influence their child's well being and still maintain quality relationships during and after a divorce.

Southern oil tycoon awarded majority of business in divorce

Recently, we discussed a high-profile couple in the middle of divorce proceedings for what by any account would be a high asset divorce. This was not just any high-profile couple. Harold Hamm, the owner of a multi-million dollar oil company, Continental Resources, was battling for himself and his company in a bitter divorce from his wife of 26 years. The financial portion of these proceedings have now been decided, and Hamm is likely pleased with the outcome of the high net worth divorce.

As we previously discussed, Hamm did not sign a pre-nuptial agreement before marriage and accumulated his wealth during the span of his marriage. His wife also worked at Continental Resources. The judge ordered that Hamm pay $972 million of a $16.1 billion oil industry fortune to his wife. This allowed him to keep the bulk of his 68 percent stake in Continental Resources.

An overview of several types of child custody

Going through the process of a divorce is clearly a very stressful experience. With all of the details that need to be attended to in addition to the emotional issues involved, it can be a difficult situation to handle. This stress can be compounded when children are involved. While child custody is a complex process, there are some general elements that one can keep in mind to more clearly understand it.

Child custody can be grouped into several different categories. There is physical and legal custody to take into account. Usually, physical custody is awarded to one parent whom the child will live with the majority of the time. However, legal custody is often shared between the two parents. This means that certain elements of the child's life can have input from both parents involved.

The federal Uniformed Child Custody Act in Texas

Usually, family law is handled and regulated at the state level. Occasionally, legislation comes down from above. "Above" means legislation mandated by the federal government. One act in particular has been adopted by most states. It is the Uniform Child Custody Act or UCCA, and Texas has adopted the legislation.

Research has shown some of the emotional and mental affects that divorce can have on children. It is now believed that there are ways to minimize the stress for children involved in a divorce. The UCCA seeks to lessen or eliminate conflicts involving child custody. The UCCA allows each state to identify and enforce child custody orders made in another state. This practice eases some of the custody arguments resulting from inter-state child custody conflicts.

Why to draft a prenuptial agreement with a lawyer

Before getting hitched to your one true love, it's important to remember that marriage means sharing. Everything. This includes your finances. What if it's important to keep a separation between love and money? For some couples, this is an ideal arrangement.

At the very least, discussing a pre-nuptial agreement will get you and your future spouse talking about individual and shared finances. It can help you outline who is financially responsible for what -- and what a budget looks like with two incomes compiled together instead of one income. There are twice the expenses, but often twice the salary. Post-nuptial agreements can help married couples agree to certain financial issues in a legally binding financial arrangement. This is a great option for a spouse who came into a large inheritance after marriage, for example.

Could a more expensive wedding mean a more likely divorce?

As divorce rates continue to climb, many have been studying what could possibly cause the once happy marriages to dissolve. A recent study polled thousands of Americans married in 2008 or later. What the researchers discovered could be particularly worrisome for couples who spent a large amount of money on their wedding and marriage expenses. The study showed that marriage duration is inversely associated with spending on the engagement ring and wedding.

This is also true of couples who reside in Texas. The study showed that if you spent between 10 and 20 thousand dollars on your wedding expenses, you were 29% more likely to get divorced than if you spent between five and 10 thousand. Even more frightening, if a couple spent more than $20,000 on wedding expenses they are 46% more likely to get a divorce than the more frugal group. This data shows a strong relationship between wedding spending and divorce.

Why petition for parental relocation in Texas?

Although a divorce and child custody dispute may be settled, there can be future issues that come up due to the previous arrangement. Following a divorce and child custody agreement, a court order might require the parents to live in a certain geographic area. If a parent wants to move to a new area, that parent may need to go back to court to petition for parental relocation. This situation can arise where the parents have a joint managing conservatorship.

Texas family courts typically assign one parent to be the custodial parent in joint managing conservatorships of minor children. This arrangement has the child living in both residences and gives each parent equal power to make decisions in the child's life. There is usually one stipulation that accompanies this type of arrangement. Typically, the parents agree that each other's homes must remain in a certain geographic area. This could cause conflict if one parent needs to re-locate outside of the agreed upon geographic area.

Iggy Azalea sued in Texas divorce court; never been married

Pop star Iggy Azalea has recently been served divorce papers in Texas -- yet she claims she has never been married. There is an interesting piece of Texas law that could require that Azalea divide her assets in what would be a high asset divorce.

According to reports, Azalea has been served papers from an old boyfriend who claims that he wishes to dissolve their common-law marriage. According to the old flame, the two lived together from September 2008 until last year. He also claims that they "agreed to be married, holding themselves out as man and wife."