Experienced Divorce and Child Custody Attorneys
We Are With You Each Step Of The Way
We Protect Your Rights and Preserve Your Future
Contact Us Today For A Divorce or Child Custody Case Evaluation
We are here to help you !
Frequently Asked Questions
Does the custodial parent in Dallas County have to force the child to go to visitation if they do not want to go?
In most cases, the custodial parent’s responsibility is to make the child available for visitation with the other parent, rather than to force the child to attend the visitation, assuming there is no physical or sexual abuse or neglect. This means that the custodial parent should make reasonable efforts to ensure that the child is available for visitation at the designated times and locations specified in the court order, even if the child does not want to attend. However, the custodial parent should not use physical force or coercion to make the child attend visitation, as this could be considered a violation of the court order and could result in legal consequences. It may be helpful to work with a therapist or counselor to address the underlying issues causing the child’s refusal to attend visitation, and to seek a modification of the visitation order if necessary. Ultimately, it is the responsibility of the custodial parent to ensure that the child attends court-ordered visitation in compliance with the court order.
A parent may want to modify a custody order in Texas for several reasons, such as:
- Relocation: One parent may need to move out of the state or a considerable distance away from the child’s current residence. This could make it difficult to follow the existing custody arrangement, and a modification may be necessary.
- Changes in the child’s needs: The needs of a child may change as they grow older, and the existing custody arrangement may no longer be in their best interest. For instance, a child may require special medical attention, or their school schedule may change.
- Safety concerns: If one parent has concerns about the safety and well-being of the child with the current custody arrangement, they may seek a modification. This could be due to the other parent’s substance abuse, neglect, or involvement in illegal activities.
- Parental agreement: Sometimes, both parents may agree that a modification is necessary to better suit the child’s needs, such as changes to the visitation schedule.
In all cases, the modification of a custody order must be in the best interest of the child, and the court will make its decision accordingly.
In Texas, a modification of a custody order refers to a legal process by which the terms of an existing custody order are changed. This process can be initiated by either parent or guardian, and may be necessary if there has been a significant change in circumstances that affects the welfare of the child. For example, if one parent is moving out of state or if there are concerns about the safety and well-being of the child with the current custody arrangement, a modification may be necessary. The process of modifying a custody order involves filing a petition with the court and attending a hearing, where the judge will consider the evidence and decide whether a modification is in the best interest of the child.
A custody order in Texas is a legal document issued by a court that outlines the custody arrangements for a child. This order typically sets out which parent or parents have the right to make decisions for the child and where the child will primarily reside. The custody order may also address issues such as visitation schedules, child support, and other related matters. Once a custody order is issued, both parents are required to comply with its terms, and any violations may result in legal consequences.
What actions should be taken if one parent fails to comply with the Dallas County child custody or visitation order?
If the other parent is not following the child custody or visitation order, the first step is to document the violation. You can file a motion to enforce with the court. If a court hearing is held, the judge will consider evidence from both sides and make a decision on whether to enforce the order. In serious cases, the judge may impose penalties such as fines or jail time, or modify the custody or visitation order. It is important to seek the advice of a qualified family lawyer to help you navigate the legal process and protect your rights.
What options are available in Dallas County if your ex-spouse is not fulfilling their obligation to make car payments as agreed upon in the divorce decree?
You need to have your name removed from the vehicle as soon as possible. Go to court to ask that you be allowed to sell the vehicle in order to remove your name.
How can a married Dallas County resident establish sole ownership of a property located in another state, using their own funds for the down payment and obtaining the loan solely in their name?
As a Texas divorce attorney, I would advise that in order to establish sole ownership of a property located in another state, it is recommended to obtain a post-nuptial agreement with your spouse before making the purchase. The post-nuptial agreement should clearly state that the property is being purchased with your own funds and that the loan is solely in your name. Additionally, all legal documentation regarding the purchase should reflect this. It is important to consider the laws of both Texas and the state where the property is located when it comes to marital property and ensuring that the property is not considered community property in the event of a divorce. Seeking the advice of a local attorney in the state where the property is located can provide further guidance on establishing sole ownership.
If a person who resides in Dallas County is divorced in Dallas County but has property located in another country, what should they do?
As a Texas divorce attorney, I would advise someone in this situation to seek the guidance of a local attorney who is knowledgeable in both the laws of the country where the divorce took place and the laws of the country where they reside and own property, which admittedly may be hard to do.
If an attorney with knowledge of the law in both countries cannot be found, I would advise the person to retain attorneys in both places and let them consult with one another.
It is important to understand the implications and potential conflicts of these laws in order to protect their rights and assets. An attorney can help navigate the legal complexities and provide guidance on the best course of action.
It can be a good idea to freeze your credit during a divorce, especially if you are concerned that your ex-spouse may be financially irresponsible or financially abusive. Freezing your credit will prevent unauthorized access to your credit information and help protect you. Contacting each of the three credit bureaus is free and easy to do.
In Texas, the standard for dividing property in a divorce is based on what is considered “just and right”. This means that the division of property will be determined on a case by case basis, taking into account the specific circumstances of the marriage.
Generally, the division of property is equal between the spouses, but it’s possible for one spouse to receive a greater portion of the community property if the court deems it necessary. There are various factors that are considered when determining if an unequal division is “just and right”, including each spouse’s earning potential, health, debts, education, and more.
Before dividing property in a Texas divorce, it’s crucial to have a clear understanding of the marital assets and debts. This can be achieved by working with a knowledgeable divorce lawyer who can help identify, categorize, and estimate the value of all assets and debts under the names of either spouse. This way, both spouses will have the information they need to make informed settlement decisions and receive a property settlement that is fair and tailored to their needs.
As a Texas divorce attorney, I often encounter the misunderstanding that community property is divided equally between spouses in all Texas divorce cases. This is not the case. The legal standard for dividing community property in Texas is to divide it in a just and right manner, taking into consideration the rights of each party and any children of the marriage. It’s possible for one spouse to receive more than half of the community property in some situations.
It’s also important to note that dividing community property does not necessarily mean an equal or proportional share of every asset. When dividing the community property estate, it may make more sense to award certain assets to one spouse rather than dividing each asset equally. This is especially true if the community property includes complex assets.
In Texas, property is classified as separate, community, or mixed. Separate property is acquired or created outside of the marriage and belongs solely to one spouse. Community property is acquired or created during the marriage by either spouse and can be divided in a divorce. Mixed property is a combination of both separate and community property, with the portion of community property eligible for division in a divorce.
How can a resident of Dallas County find their tax returns before filing for divorce if their spouse has always handled them?
The IRS website allows you to download and print your tax return transcripts from prior years. Visit http://www.irs.gov/Individuals/Get-Transcript and enter your personal information and answer privacy questions to access the information.
In Dallas County can a spouse prevent their partner from seeing their children or accessing their home before a court order is put in place?
In the absence of a court order, both parents have equal rights to their children and both spouses have equal access to the home. However, if one parent is preventing the other parent from having access to the children or the home, it may be necessary to seek a court order to establish these rights and responsibilities.
An original suit involving a child can be filed in Dallas County if the child in question resides within the county. However, if another court has continuing exclusive jurisdiction over the case, it may not be filed in Dallas County. For divorce cases with children, the suit may be filed in the Dallas County district court where one of the parties has lived for at least 90 days prior to filing the divorce.
What happens if a divorce is filed in one court in Dallas County and the other party files a child support case in a different court?
The child support case will be consolidated into the divorce case if the divorce case is filed in the correct jurisdiction.
It can be transferred to the correct place.
The law states that when a court is trying to determine where a child lives, they do not have to make sure that the child has lived in one place the whole time. They will look at where the child has mostly lived in the last six months before a legal case starts.
Why should I have my spouse’s business valued during a divorce even if I am not seeking a share of the business?
Having the business valued during a divorce can help establish your spouse’s assets and aid in the case for other awards, such as spousal support and child support.
Lottery winnings acquired during marriage are community property.
While it is generally true that community property in Texas is divided equally between the spouses in a divorce case, it is also important to note that this division does not have to be exactly 50/50. The court has the discretion to divide the property in a way that it deems to be fair and just, taking into account a variety of factors such as the length of the marriage, the contributions of each spouse to the marriage, and the needs of each spouse.
In a Texas divorce case, there is a deadline for submitting evidence that will be used at the final trial. This deadline is called the “discovery cutoff date” and it is typically set by the court at least 60 days before the final trial date. This gives both parties ample time to gather and submit any evidence that they want to be considered by the court during the trial. It is important for parties to meet this deadline, as any evidence that is not submitted by the discovery cutoff date may not be considered by the court. Failure to submit evidence by the deadline could potentially harm a party’s case and result in an unfavorable outcome.
The court retains jurisdiction for contempt up to 6 months after the kid is adult or up to 6 months after the right to possession terminates.
The court retains jurisdiction for contempt up to 2 years after the child becomes an adult or 2 years after the child support obligation terminates.
A retainer is an amount of money paid in advance to secure the services of an attorney. The retainer is held in a trust account on behalf of the client. The attorney’s hourly rate is billed against the retainer amount. What that means is that every time work is performed on a client’s file the hourly rate is deducted from the retainer paid.
You can think of the trust account as a bucket. You can think of the retainer payment as rocks placed in the bucket. Every time work is performed on a client’s case a rock is taken out of the bucket. When the number of rocks gets below a certain amount, the client has to give the attorney more rocks to add.
Here is a numeric example, your retainer is $3,500. That $3,500 is placed in your assigned bucket. The attorney performs 1 hour of work at a rate of $350 per hour (rocks). Your bucket now has $3,150 in it.
Retainers also include a replenishment provision. What that means is that once your original retainer goes below a pre-determined amount you must pay additional funds to bring your retainer back up to the predetermined amount.
For example, your replenishment provision could be $1,750. That means that when the attorney has worked on your case and the hours billed adds up to an amount that decreases the number of rocks in your bucket below $1,750, you have to add more rocks to bring it back up to $1,750.
Here is a numeric example, Your original retainer is $3,500. The attorney works 6 hours at a rate of $350 per hour. That deducts $2,100 from your bucket. Your bucket now has $1,400 in it. You will receive a bill for $350 to bring your bucket back up to $1,750.
If you have money left in your trust account above the original minimum retainer of $3500 at the end of the case, that amount will be refunded to you.
There is a minimum 60 day waiting period in Texas to finalize a divorce. However, how long a divorce takes depends on many factors including the issues involved in the divorce and the court’s availability to schedule hearings for contested issues.
There are two types of divorce in Texas: Fault and No-Fault.
Most divorces in Texas are no-fault. It is the least expensive.
There are 5 basic categories of fault divorce in the Texas Family Code. Fault can be important for the purpose of marital property division, parental rights, and spousal maintenance.
The 5 fault categories are:
- Criminal Felony Conviction
- Confinement in mental hospital for an extended period of time
To file a divorce in Texas at least one spouse must have lived in Texas for 6 months and in the county where the divorce will be filed for at least 90 days prior to the filing of the divorce.
Why Choose The Blacknall Firm?
You simply cannot afford to take chances when it comes to your future and the future of your children. At The Blacknall Firm, we offer immense expertise and understanding. Our team has decades of experience in divorce and child custody matters. Protecting your children and doing what is in their best interest is the most natural thing that a parent can do. But, sometimes the other parent just will not cooperate and you have to use the court system to help you with protecting what matters to you and doing what is in the best interest of your children. We aggressively pursue all options for you in your divorce and child custody matters. We use every tool available to help you maximize your results related to the things most important to you.