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Who gets the frequent flyer miles in a divorce?

As a Dallas divorce attorney, I often see clients who are concerned about how their frequent flyer miles will be treated in the divorce process. I understand that these miles can have significant value and can be a source of stress for those going through a divorce. In Texas, frequent flyer miles are treated the same

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Can you avoid paying taxes on 401k money you receive in a divorce?

As a Dallas divorce attorney, I often encounter clients who are concerned about the tax implications of receiving 401(k) funds during a divorce. In this blog post, I will provide some general information on the topic and explain the options that are available to those who expect to receive 401(k) funds during a divorce. In general,

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Can you change your mind after you sign a mediated settlement agreement?

Mediated settlement agreements are a common way for couples to come to a resolution in divorce and child custody matters. However, it’s important to understand that once you sign a mediated settlement agreement, it is generally considered binding and irrevocable. It can be very difficult to get a judge to declare a mediated settlement agreement void

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Can the father of a breastfeeding child get overnight visits?

As a Texas divorce and child custody attorney, I often get asked about the rights of fathers in regards to overnight visits with their breastfeeding children. The short answer is that it is possible for a father to get overnight visits with a breastfeeding child, but it ultimately comes down to the discretion of the court.

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Why is good credit important when going through a divorce?

Divorce can be a difficult and emotional time for all parties involved, and the process can be made even more complicated if one or both parties have poor credit. At The Blacknall Firm, we understand the importance of good credit in divorce and child custody matters. During the divorce process, there may be property that needs

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Why common law marriage is a bad idea?

Common law marriage is a type of marriage that is recognized in some states, including Texas. In order to be considered common law married in Texas, two people must hold themselves out as husband and wife or spouses to the public. While common law marriage may seem like a convenient alternative to a traditional marriage, it

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Does a grand parent whose child is deceased have visitation rights?

As an attorney who works with families in Texas, I often receive questions from grandparents about their rights to visitation when their child is deceased. It’s a difficult and emotional situation, and I understand the desire to maintain a close relationship with your grandchildren. Unfortunately, it’s important to note that grandparents do not automatically have the

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Is military retirement community property?

Military retirement is considered to be community property in the state of Texas under certain circumstances. According to attorney Sharita Blacknall, military retirement is considered community property in Texas if the couple has been married for at least 10 years and the service person has at least 10 years of creditable military service. It’s important to

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When can a grandparent get custody of a grandchild?

As a grandparent, it can be heartbreaking to see your grandchild being raised in an unhealthy or unsafe environment. In some cases, you may feel that it would be best for your grandchild if you took over custody. However, the legal process for obtaining custody of a grandchild can be complex and it’s important to understand

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What can be done if one parent is always getting kids to school late?

If one parent is consistently late getting the children to school during their custodial time, it can be frustrating and stressful for the other parent. It’s important to remember that the court order is in place for a reason and should be followed by both parties. However, if this is a persistent issue, the parent who

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Are overseas properties divided in a divorce?

If you are going through a divorce and you or your spouse owns property overseas, you may be wondering if that property will be included in the division of assets. The answer is, it depends. As a divorce and child custody attorney in the state of Texas, I can tell you that overseas properties are treated

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Can a protective order in a divorce or child custody case be dismissed?

Protective orders can be a crucial tool in divorce and child custody cases, helping to protect individuals from abuse or harassment. However, it’s important to note that these orders are not permanent and can be dismissed under certain circumstances. In the state of Texas, a person who has been restrained by a protective order can request

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Does it matter who files for divorce first?

As a divorce and child custody lawyer in Texas, I often get asked whether it matters who files for divorce first. The short answer is that in most cases, it doesn’t matter. There are a few rare situations where it could be important, such as if one spouse is trying to avoid paying alimony by shortening

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Who gets the dog in the divorce?

As a Dallas divorce and child custody attorney, I often get asked about who gets the family pet in a divorce. It’s a tough question, as many people consider their dog or other pets to be a beloved member of the family. However, in the state of Texas, pets are considered to be property, and as

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What is a step up Plan?

As a Dallas divorce and child custody attorney at The Blacknall Firm, I often field questions about different types of visitation plans. One such plan that may come up during the divorce and custody process is a step-up plan. A step-up plan is a type of visitation plan that gradually increases the amount of time a

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How do you get a custody evaluation thrown out?

As a divorce and child custody lawyer in Dallas, Texas, I often get asked about the process of child custody evaluations and how to address any issues that may come up during the process. First, it’s important to note that it’s not easy to simply “throw out” a child custody evaluation. However, that doesn’t mean there

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How far apart can people live and still get 50/50 custody?

As a Dallas divorce and child custody attorney at The Blacknall Firm, I often get asked the question of how far apart two people can live and still have a 50/50 custody arrangement. The truth is, the answer is not clear cut. The law does not have a specific distance that parents must live in order

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What Is An Acknowledgement Of Paternity?

As a Dallas divorce and child custody attorney, I often receive questions about the legalities surrounding paternity and how it can impact child custody arrangements. One important document in this process is the acknowledgement of paternity, also known as the “acknowledgement of parentage” or “voluntary paternity acknowledgement.” This document is typically signed by an unmarried father

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Can I keep a vehicle in my husband’s name only?

As a divorce and child custody attorney at The Blacknall Firm, I understand that the process of ending a marriage can be complicated and emotionally difficult. One of the most common questions I receive from clients is about property and assets. In particular, many people wonder what will happen to their car during a divorce. Last

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Is a notarized, temporary custody agreement legal?

Hello, my name is Sharita Blacknall and I am the owner of The Blacknall Firm, a divorce and child custody law firm located in the state of Texas. Today, I want to address a question that I received from someone about temporary order agreements. The question was whether a temporary order agreement can be typed by

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Who Qualifies for Spousal Maintenance (Alimony)?

Hello, my name is Sharita Blacknall and I am the owner of The Blacknall Firm, a divorce and child custody law firm based in the state of Texas. I understand that going through a divorce or dealing with child custody issues can be a difficult and stressful time, which is why I am here to help

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What to do if you are denied visitation?

If you have a child custody order in place and are being denied visitation, there are steps you can take to try and enforce your rights. First, make sure to show up on the day, at the time, and in the place specified in your order for your scheduled visitation. If you are denied visitation despite

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If the non-custodial parent doesn’t visit for months, do they get visitation?

As a divorce and child custody lawyer in Texas, I often receive questions about the obligations of custodial parents to provide non-custodial parents with access to their children. One common question is whether a custodial parent must provide a non-custodial parent with access to their child if the non-custodial parent has not been exercising their visitation

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Only one spouse’s name on deed is it separate or community property?

As a Dallas divorce and child custody attorney at the Blacknall Firm, I often get asked about the distinction between community and separate property in the state of Texas. Specifically, people want to know if a property purchased during the marriage is considered to be community property if only one spouse’s name is on the deed.

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Who can file for divorce in Texas?

Hello, my name is Sharita Blacknall and I am a divorce and child custody lawyer at The Blacknall Firm in Texas. If you are considering filing for divorce in the state of Texas, there are a few requirements that you should be aware of. First and foremost, you must have lived in Texas for at least

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When can a custody order be changed?

As a Dallas divorce and child custody attorney, I often receive questions about when a custody order can be changed. While there are many reasons that a child custody order may be modified, it is important to remember that any requested change must be in the best interest of the child. There are three broad categories

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What Is The Best Visitation Schedule?

As a divorce and child custody attorney in Dallas, Texas, I often get asked about the best visitation schedule for children. It’s important to remember that the schedule that works best will depend on the specific situation of the child and their parents. There are several factors to consider when determining the best visitation schedule, such

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How To Get A Divorce From A Spouse You Cannot Locate?

As a divorce and child custody attorney in Dallas, Texas, I often get asked how to handle situations where a spouse cannot be located. If you find yourself in this situation and you want to move forward with a divorce in Texas, there are a few options available to you. First, you can ask the judge

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