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Recent Blog Posts
When I Get Out of Prison, Can I Pursue Custody and Visitation?
Perhaps you were incarcerated when your spouse divorced you and was given total custody of your child. If you are now out of prison, can you ask the court for joint custody or, at the very least, visitation rights? The answer to that question depends on a number of issues, including the factors the court considers when making decisions related to parental custody and visitation.
It also depends on whether you were given custody and visitation before you went to prison or if those decisions were made while you were in prison. If you are out of prison and want to seek some level of custody or visitation, it is important that you discuss your situation with a Fort Worth, TX child custody attorney.
What Are the Factors Considered When Determining Child Custody and Visitation?
When a judge is deciding on child custody and visitation issues, the overarching theme is always the child’s best interests. Beyond this, the court will specifically consider the following:
My Spouse is a Hoarder – Will This Affect Custody Decisions?
It is estimated that between 2 and 6 percent of the U.S. population suffers from hoarding disorder. Hoarding disorder appears to affect both genders equally and is believed to be universal, affecting all cultures, races, and ethnicities across the globe. However, older adults are disproportionately affected, with about three times more hoarders between the ages of 55 and 94.
Hoarding behaviors often begin to emerge in the teen years – between ages 11 and 15. When the hoarding disorder begins this early, the symptoms start to interfere with everyday life by the time the individual is in his or her mid-20s. By the mid-30s, there is significant impairment from the hoarding disorder, which is likely to worsen through the years unless the individual seeks mental health treatment.
About 75 percent of those with hoarding disorder have other mental health conditions, like OCD, a major depressive disorder, a social phobia, or a social anxiety disorder. Whether hoarding will be a disqualifier in custody and visitation issues depends on whether the judge believes the hoarding behaviors place your child in danger. If you are dealing with a difficult child custody issue, it is a good idea to speak to a knowledgeable Fort Worth, TX child custody lawyer.
Is Peaceful Co-Parenting Possible with a Narcissistic Ex?
You may have thought that dealing with your narcissistic ex during the divorce was about as bad as it could get – after your marriage, of course. However, if you have children, you are likely to be forced to deal with your narcissistic ex for a very long time. During the child custody discussions, you may have gotten a good sense of what the future would look like. As many who have tried would tell you, it is virtually impossible to co-parent with a narcissist.
Despite everything you learned from living with your ex, no matter how hard you try, no matter how hard you consistently strive to be the "bigger person, and no matter how firm, how kind, or how flexible you are – it is simply not possible to have a peaceful co-parenting situation with a narcissist. By its very definition, co-parenting means parenting together.
The vast majority of narcissists are unable to put their own child’s best interests ahead of their own, so co-parenting with a narcissist often resembles rowing a boat with one oar – while the other person in the boat is drilling a hole in the bottom. Regardless of how hard you paddle, you will continue to go in circles until the boat sinks.
The Role of Forensic Accountants in High-Asset Texas Divorces
If you are facing a high-asset Texas divorce, you could also be dealing with a spouse who has hidden marital assets to avoid dividing them with you. Significant wealth, along with properties, investments, and businesses, can make it more difficult to ensure a fair division of marital assets. If this is the situation you find yourself in, it is important to understand the role of forensic accountants.
Texas is one of nine states that operate under community property law when dividing marital assets. This generally means that marital assets are split exactly in half. Complex financial transactions make hiding marital assets easier for one spouse to accomplish. If you believe you may need a forensic accountant to ensure a fair division of marital assets, it is important that you speak to an experienced Fort Worth, TX family law attorney.
Types of Discovery in a Texas Divorce
Discovery is the process that permits each party in a divorce to obtain pertinent information from the other spouse. This information is often in the form of financial documents so that the marital assets can be split fairly between the spouses. The divorce discovery process can sometimes be brutal for all those involved. Spouses in the middle of a divorce – especially a contentious one – may be resistant to providing discovery documents.
Other times, the documents may be difficult to locate for either or both spouses. Depending on the complexity of the divorce, discovery can take weeks or even months to complete. If you are facing a divorce and are wondering about an aspect of the discovery process, a Fort Worth, TX divorce lawyer can help.
What Forms Can Discovery Take?
Discovery can include any of the following:
- Depositions
What is the Texas 10-Year Rule Regarding Spousal Maintenance?
One spouse paying the other a lump sum or monthly payment is known as alimony, spousal support, or spousal maintenance. While these terms are widely used interchangeably, in Texas, spousal support is technically considered a voluntary payment from one spouse to the other, while spousal maintenance is court-ordered. Spousal maintenance is often an emotionally charged aspect of a Texas divorce.
Far fewer spouses across the nation receive spousal maintenance today than in the past, but there remain situations where it is entirely appropriate. Texas is known as one of the more difficult states to receive maintenance but does have a "10-year rule." This rule only allows a spouse to seek spousal maintenance if the marriage lasted 10 years or longer but does not automatically guarantee that a spouse in a marriage of this duration will receive maintenance.
Spousal maintenance is decided on a case-by-case basis, with essentially four ways maintenance can be awarded. If you are concerned about whether you will receive maintenance or whether you will be required to pay maintenance, speaking to a knowledgeable Fort Worth, TX divorce attorney from The Law Office of J. Kevin Clark P.C. can benefit your situation.
Brain Damage from Long-Term Narcissistic Abuse Post-Divorce?
Every person who has ever been married to – and divorced – a narcissist knows that it can be a long, hard road to "recovery." To add insult to injury, research has found that constantly living with fear and anxiety caused by narcissistic abuse can keep cortisol levels unnaturally high, negatively impacting the brain.
It is clear that repeated emotional trauma can lead to PTSD and C-PTSD (Complex Post Traumatic Stress Disorder). Repeated emotional "injuries" can also shrink the hippocampus while enlarging the amygdala. The hippocampus is responsible for learning and memory while the amygdala houses "primitive" emotions, including shame, guilt, grief, and fear.
A Stanford University study found that patients with the highest baseline cortisol paired with PTSD symptoms showed the greatest decreases in the size of the hippocampus. This means the longer a person lives with a narcissistic, emotionally abusive partner, the greater the adverse brain results.
What Rights Do Texas Grandparents Have Following Divorce?
There are currently more than 7.1 million grandparents across the United States who are living with their minor grandchildren. About 2.3 million of those grandparents have full custody of their grandchildren, and about a third of the grandchildren living with their grandparents are younger than 6. Grandparents are an important part of a child’s life, and divorce can be hard on both the child and the grandparent.
As with every question involving children, the primary determination in custody and visitation determinations for parents or grandparents is the child's best interests. If you are a grandparent who wants to have formal visitation time with your grandchildren, the parent with primary custody who does not want that to happen, or the parent with visitation who either does or does not want grandparent visitation, you can benefit from speaking to a Fort Worth, TX child custody lawyer from The Law Office of J. Kevin Clark P.C..
What Happens to a 529 Account During a Divorce?
Some parents set up a 529 college savings plan for their child or children. When these parents file for divorce, the question of which parent will be awarded the plan can arise. This is definitely a case of complex property division that requires knowledgeable legal assistance. Since there can be only one owner of a 529 account, careful planning, coordination, and cooperation between the parents is extremely important in this situation. When you choose a Fort Worth, TX family law attorney from The Law Office of J. Kevin Clark P.C., you can rest easy knowing that your attorney has experience handling the most complex property division issues.
What is a 529 Account and Who Owns the Account?
A 529 plan is an investment account that parents can take advantage of to pay for qualified education expenses. This type of account offers tax-free withdrawals and additional benefits when paying for these qualified education expenses, including college, K-12 tuition, student loan repayments, and even apprenticeship programs. If there are funds remaining, they can be used in several different ways, including funding a Roth IRA. There are two primary types of 529 plans:
What Are the Three Basic Types of Parenting Plans?
Custody battles can often get ugly, so it can be a relief when child custody is finally determined. However, this is not the end of the issue; a parenting plan must also be prepared. One or both parents may overlook the importance of a parenting plan until problems arise. Parents who are already in conflict because of divorce can find that an unclear parenting plan only adds to the antagonism.
Getting your parenting plan right can go a long way toward a smoother co-parenting situation – and can also save you time, stress, and legal fees necessary to correct the plan. Make sure your Fort Worth child custody attorney is an integral part of the development of a parenting plan. There are three primary types of parenting plans, which are detailed below.
What is a Co-Parenting Plan and Who Does It Benefit?
A co-parenting plan tends to work best for parents who have been able to maintain a cordial relationship after the divorce. Co-parenting plans emphasize equal involvement in the child's life but do require the parents to be able to communicate and cooperate. A co-parenting plan will typically include a schedule that allows for equal (or close to equal) time with each parent and will detail how the parents will make decisions together for their child.
Results listed are not a guarantee or indication of future case results.
