Divorce, and particularly deciding child custody and child support, can be emotional and difficult. Custody issues may become more complex when a special needs child is involved. In many cases, the courts aren't quite sure of what your child actually requires to receive proper care. They may not understand why living in a certain neighborhood, with access to a particular school district, is critical for your child's development and future success.
As a mother with a special needs child, you know that your child may be overwhelmed by the changes that are happening in your lives. Having to travel more, yet seeing less of each parent or having to participate in different activities like special needs daycare or other after-school programs can be difficult and disruptive. Here are some tips to help your child as you resolve your divorce.
Couples experiencing a divorce who have children have more to figure out than how assets will be divided. In these situations, placement for the children is one of the most important things to be decided during the separation process. Along with child custody being determined by the court, sole-managing conservatorship or joint-sole conservatorship is also assigned to one of both parents.
When a parent is going through a divorce with a military service member, the manner in which child support is determined and collected is an important consideration. While the Texas child support guidelines will generally be used by the courts to determine the amount of child support, people should make certain the judge understands how the pay may change with deployments as well as additional benefits the service member receives.
In our last post, we discussed the rights that unmarried fathers' are entitled to under the law. However, under Texas law, if a father does not have, at a minimum, joint custody, he is unable to make any real decisions for the child. This is why unmarried fathers should consider seeking child custody. If a father wants to make decisions and influence the child's life in a stronger way, the only way to legally do this is by achieving sole or joint custody.
When it comes to divorce, most parents' first thoughts turn to their children. Child custody can be a battleground for a divorcing couple. If you believe the issue of child custody is a none-sum game, it may be best to pursue one specific type of custody. Fathers interested in majority custody should consider pursuing a sole-managing conservatorship, and the Law Office of Michael D. Tracton PC can help with this endeavor.
Fathers who are unmarried to their child's mother may have a more difficult time gaining paternal rights as mentioned in our most recent blog. The legal significance of this paternity goes farther than just a father's name on his child's birth certificate. There are several legal benefits and implications that change the responsibilities of father and the relationship with his child.
After a divorce is finalized and the details of child custody are decided, many fathers think that the dispute is over. But that is not necessarily the case. Take, a Texas man whose rights as a father and, indeed, his right to freedom may be in jeopardy due to a new law in Texas.
The status of same-sex marriage is changing rapidly, with increasing numbers of states legalizing the practice. Texas' own same-sex marriage ban is in limbo after a federal judge ruled it unconstitutional. Meanwhile, last year's Supreme Court decision striking down key parts of the federal Defense of Marriage Act helped to improve the legal status of married same-sex couples even in states that don't yet legally recognize the practice. Still, the legal status of these couples in many states is anything but clear should they decide to divorce.
Each year, many thousands of couples in Texas get married. Most do so believing that the marriage will last forever and a day, like in the fairy tales where they all lived happily after. In close to half of those marriages, however, the conclusion is ultimately divorce. Divorce can be a difficult and emotional time. But without minimizing that, there are a number of tips that can help the process go smoother, and minimize the difficulties.