What Is the Process to Adopt in Texas?

Adopting a child is one of the most important things you will do during your lifetime. After all, adoption creates or enlarges a family. If you have never been through the adoption process before it can certainly seem intimidating. The old adage “knowledge is power” applies here. Once you know the overall process to adopt in Texas you may find that the prospect of going through the process doesn’t seem quite as intimidating. There are several different types of adoption that you may wish to pursue, including: · Agency adoption – involves using a licensed adoption agency to help find a child. · Private adoption – usually uses an attorney or physician to bring a birthmother and adoptive parent together. · Child protective agency adoption – adopting a child who is in foster care or whose parents have already had their parental rights terminated by the State of Texas. · Family adoption – this includes step-parent adoption, a grandparent adopting a child, or any other ado
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Why Do I Need a Pre-Marital Agreement?

Once upon a time, the mere mention of the term “pre-marital agreement” typically sent a prospective bride (or groom) running in the opposite direction from the alter. The reason for this was found in the negative perception most people used to have with regard to the reason why a pre-marital agreement might be needed. In recent decades, however, the negative connotation once associated with a pre-marital agreement has all but disappeared, leading to increased use by couples planning to marry. If you are planning to be married in the near future you may be wondering why you would need a pre-marital agreement. A pre-marital agreement is an agreement between prospective spouses made in contemplation of marriage and to be effective on marriage. In the State of Texas, the Uniform Pre-Marital Agreement Act, or UPAA, governs the creation and enforcement of pre-marital agreements. According to UPAA, a pre-marital agreement may cover: · the rights and obligations of each of the parties in
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How Does the Judge Decide Custody Issues in Texas?

When the parents of a minor child decide to end their marriage, or were never married at all, custody and visitation arrangements for the child must be made. Ideally, the parents are able to reach an agreement outside of the court, thereby avoiding costly and time consuming litigation. If, however, the parties are unable to reach an agreement, the court will have to intervene. If you are concerned that you and your child’s other parent will be unable to reach an agreement without the court’s intervention you undoubtedly want to know how the judge will decide custody issues in Texas. Although every situation is unique, there are some common factors a court will typically consider when making custody decisions in the State of Texas. In the State of Texas, “custody” of a minor child is actually referred to as “conservatorship.” Just as other states recognize two types of custody (physical and legal), Texas also acknowledges the role of “managing” conservator and the role
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How Long Will a Divorce Take in Texas?

For most couples, the decision to end a marriage is only made after considerable thought and contemplation. Though it is often heart-wrenching to make the decision to end a marriage, once the decision has been made you will likely want to get the process over with as soon as possible, leading to the obvious question, “How long does the divorce process take in Texas?” Because each divorce includes a unique set of facts, circumstances, and contested issues it is impossible to provide a universally applicable answer to that question; however, a better understanding of the factors that will impact how long the divorce process takes in Texas may give you a better idea how long your divorce is likely to take. · Notice – once you have initiated the divorce process by filing a Petition for Divorce you must serve your spouse with the Petition and a Summons which collectively serve to put your spouse on notice that the divorce has been filed. If you cannot locate your spouse, or he/she l
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How Does the Divorce Process Work?

The decision to end a marriage is never an easy one. Once it has been made, however, the legal process of divorce must begin. The process itself can be confusing and somewhat intimidating for anyone who has never been through it before. You will likely find yourself wondering “How does the divorce process work?” Because no two divorces are exactly the same, it is always best to consult with an experienced Texas divorce attorney to find out what steps your specific divorce will take; however, there are several steps that are common to almost all Texas divorces, including: 1. Deciding where to file the divorce. In order to file for divorce in, Texas one party must meet the residency requirements. At least one spouse must have been a continuous resident of the State of Texas for at least six months prior to filing the Petition and a resident of the county wherein the divorce is filed for at least 90 days. 2. Preparing the Petition. One party (the “Petitioner”) must initiate the d
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How Are My Children? Non-Custodial Parents Want Answers

One of the biggest challenges for non-custodial parents seeking information regarding their children is dealing with the secrecy found in the way child welfare agencies dole out information.  The National Parent’s Organization even says it’s a system “cloaked in secrecy. While many say it’s for the best interest of the child to not provide any information above and beyond what’s necessary, others say it can become abusive and downright ridiculous. Child welfare agencies responses have varied from statements like “Well, we didn’t want the media to know” to questions like “Why did you not notify the father?” Many of the justifications simply don’t fly. The reality is that the law indeed protects children, as it should, but that should never be used as a catchall for warring former spouses. It can be devastating for a non-custodial parent to be treated as though he or she is going to use information regarding his or her own child in such a way that would allow t
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Child Custody, Unemployment and Sleepless Nights

Texans are a resilient group. We understand struggle, and if you’re in the energy sector, you likely understand it better than anyone. In May, there were more than 101,000 job losses in Texas alone, with at least another 400,000 expected to be cut before the year’s up. Most of these jobs are found in the gas and oil sector. If you’re a father who’s facing a layoff due to the slow crash of the energy sector, you may have questions, especially if you’re seeking custody or have been awarded custody. Of course, no two clients will have the same solutions, but before you assume the worst, why not explore your options or even ensure you’re on the right legal path? Fathers have historically had a steeper climb when it comes to child custody in Texas, but you should know that 10 percent of non-custodial parents in our state are women. And if you’re not the custodial parent, odds are you’re concerned about your child support payments. No good parent wants his or her children to
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