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
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,
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
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.
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
Can a wife be forced to change her name back to her maiden name in divorce?
As a divorce attorney in Texas, I often field questions about name changes during the divorce process. One common question is whether a wife can be forced to change her name back to her maiden name during a divorce. The answer is no – a wife cannot be forced to change her name during a divorce.
Can a child’s last name be changed to a step-parent’s last name without adoption?
As a family law attorney in Texas, I often get asked about the process of changing a child’s last name. Specifically, clients often want to know if it’s possible to change a child’s last name to that of a stepparent without adopting the child. The short answer is that it is technically possible, but it is
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
What is the worst thing that can happen if you move out of state with children against a court order?
As a Texas divorce and child custody attorney, I often receive questions about the potential consequences of violating a court order related to moving out of state with children. It’s a serious matter, and it’s important for individuals to understand the potential consequences of their actions. If you move out of state with your children in
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
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
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
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
Should I negotiate with my spouse about the divorce before talking to an attorney?
As a divorce and child custody lawyer in Texas, I often receive the question of whether or not someone should negotiate the terms of their divorce before speaking with an attorney. While it may seem like a good idea to try to come to an agreement with your spouse before involving legal counsel, in most cases,
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
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
If one spouse is paying child support, will they also have to pay alimony?
In the state of Texas, whether or not one spouse will be ordered to pay both child support and alimony depends on the specific circumstances of the case. If there is a significant income gap between the two spouses and the court determines that one spouse needs financial assistance in order to get back on their
If one spouse always paid the mortgage does other spouse get half the equity during the divorce?
As a divorce and child custody lawyer in Dallas, Texas, I often get asked about property division during divorce proceedings. One common question I hear is whether one spouse is entitled to half of the equity in a home if they were the one paying the mortgage throughout the marriage. The answer to this question depends
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
What can you do if the non-custodial parent does not return child at the end of visitation?
As a Dallas divorce and child custody lawyer, I often receive questions about what to do when the non-custodial parent does not return a child at the end of their visitation time. This can be a difficult and stressful situation, but there are steps you can take to address the issue. One option is to hire
How someone unknowingly turns a separate property house into a community property house?
As an attorney and the owner of The Blacknall Firm, a divorce and child custody law firm in Texas, I often get asked about the concept of separate property and how it relates to divorce and child custody. In this video, I’d like to address the question of what happens when a person unknowingly changes their
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
How long do you have to appeal if you lose your divorce or child custody trial?
As a divorce and child custody attorney in Dallas, Texas, one question that I often receive is about the timeline for filing an appeal after losing a trial. It’s important to understand that there are several deadlines associated with this process, and the most important one to remember is the deadline for filing a notice of
Can the court make my soon-to-be ex spouse pay my attorneys fees for the divorce?
As a Dallas divorce and child custody attorney at The Blacknall Firm, I often get asked whether the court can make an ex-spouse pay for attorney’s fees during a divorce. The answer is, it depends on several factors, but the main two are: Your soon-to-be ex-spouse has the ability to pay both your attorney’s fees and
Why is it important to have a geographic restriction in your final custody order?
As a divorce attorney at the Blacknall Firm in Texas, I often see clients who are facing difficult situations when it comes to child custody arrangements. One of the most important aspects of these arrangements is the geographic restriction, which specifies where the children can reside. In a recent consultation, I spoke with a gentleman who
How long do you have to enforce the property division in your divorce decree?
After a divorce, property division can be a contentious issue, and ensuring that the division is executed as ordered in the final decree is critical. But what happens if your ex-spouse fails to comply with the property division order? In this blog post, we’ll discuss with Attorney Sharita Blacknall, owner of The Blacknall Firm, a divorce
Can custody be changed if one of the children has a drug or alcohol problem?
When parents divorce, custody battles can be long, stressful, and emotionally draining for everyone involved. One of the most challenging situations for parents is when one of their children has a drug or alcohol problem, and they wonder if they can change custody as a result. In this blog post, we’ll explore the answer to that
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
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
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
Reasons you should hire an attorney sooner rather than later in your divorce and custody case?
As a Dallas divorce and child custody attorney at The Blacknall Firm, I understand the importance of hiring an attorney sooner rather than later in your divorce or child custody case. Here are three reasons why: There are strategies that need to be set up at the beginning of your case. When it comes to divorce
What is a writ of habeas corpus in a divorce or child custody case?
As a divorce and child custody attorney in Dallas, Texas, I often receive questions about writs of habeas corpus in relation to divorce and child custody cases. A writ of habeas corpus is a legal procedure that allows a judge to order the return of a child to the person who has the superior right to
Do I have interest in a home owned by my husband prior to marriage if I paid taxes multiple years?
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
If I open a business while my divorce is pending is my spouse entitled to half?
Divorce proceedings can be a complex and emotionally challenging process. When it involves the division of property, it can become even more complicated. As an attorney who primarily deals with divorce and child custody cases, I often receive the question of whether a spouse is entitled to a business purchased during a divorce process. In this
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
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
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
The non-custodial parent refuses to take kids to extra-curricular activities, what can you do?
As a Dallas divorce and child custody attorney at The Blacknall Firm, I understand the difficulties that can arise during the child custody process. One common issue that parents may face is when the other parent refuses to take the children to extracurricular activities during their visitation time. It can be frustrating when the other parent
How to change a custody order that has been in place less than a year?
If you’re a parent who is seeking to modify a child custody order that has been in place for less than a year, you may be wondering what you need to do in order to make that happen. If you are trying to change who the primary conservator is, you will need to show that the
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
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
How can Grandparents that have had their grandchildren for more than 6 months get custody?
As a Dallas divorce and child custody attorney, I often receive calls from grandparents who have been caring for their grandchildren for an extended period of time but don’t have legal custody. Recently, I received a call from a potential client whose child had passed away and she was afraid that the other parent would come
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.
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
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
What is the wrong way to handle a child custody order that no longer works?
As a Dallas divorce and child custody attorney at The Blacknall Firm, I often receive questions about how to handle a child custody order that no longer works. It’s important to remember that simply not following the order is the wrong way to handle the situation. If you don’t follow the order, you may be held
Can I Keep My Ex’s New Partner Away From Our Children During Visitation?
As a divorce and child custody attorney in Dallas, Texas, I often get asked if it’s possible to keep an ex’s new partner away from the children during visitation. While it can be difficult to accept your ex’s new relationship, in most cases, it is not possible to keep the new partner away from the children
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
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