W. Tyler Moore, PC

Houston Legal Blog

What is the best interest of the child?

When making decisions about child custody and related matters, Texas courts always base those decisions on what is in the best interest of the child. According to the Child Welfare Information Gateway, best interests is generally defined as what is best for the child's well-being and happiness. The court must follow specific guidelines when determining what the best interest of the child is.

Specifically, the court is looking for the safest environment and the parent who is most equipped and willing to provide such an environment for the child. The court considers the child, thinking about his or her age and any disabilities the child may have. It will look at the relationship between the child and each parent. It will also evaluate the home environment and parenting skills of each parent. Other things are also considered, such as domestic violence, abuse and substance abuse. The court will look at the willingness of each parent to undergo counseling or other services to benefit the child and the home environment.

What is a business tort?

If you own a Texas business, it likely represents your major, if not only, source of income. Consequently, running, managing and protecting that business is topmost on your priority list. The last thing you need is someone committing a business tort, that is, a wrongful act that injures your business.

Business torts come in a variety of forms, including the following:

  • Intentional interference with your business
  • Restraint of your trade
  • Theft of your trade secrets
  • Fraudulent misrepresentations
  • Unfair competition
  • Disparagement

Divorce, child support and travel

Bringing your marriage to an end may lead to many changes in your life, some of which you may not have expected. Some parents feel overwhelmed by custody disputes or the financial obligations they have taken on following a divorce (alimony, child support, etc.). It is crucial to be aware of the other ways in which divorce could affect your life. For example, you may find that your travel plans are adversely affected as a result of your divorce or child support, so it is important to plan ahead and know your rights and responsibilities.

For starters, divorce can be time-consuming and may prevent someone from traveling due to court and other obligations. Even once a divorce is finalized, however, someone may find that their travel plans are thrown off due to family law matters. For example, a non-custodial parent who cannot pay their child support may not be able to get a passport. If you are a father who is struggling with child support payments, it is important to know what your options are and you may be able to modify your child support order if your financial circumstances have changed considerably.

Remember house and car title changes in a divorce

When a couple divorces, they often split assets and property. For instance, a husband and wife may jointly own two cars, both of which they have not fully paid off. In the divorce, one car goes to the husband, and the other goes to the wife. All good, right?

Not really. You still have to account for much more than mere possession. For example, spouses may need to refinance each car since only one person is paying on it. In cases where there is no car payment and the spouses have outright ownership, they still need to take care of title issues.

Are inheritances divided in divorces?

When getting divorced, there are many significant assets you may be concerned about. Perhaps, you received a large inheritance from a deceased relative that you hope will help you weather the financial tumult that can come with divorce. You may be worried about whether you will have to split this money with your ex-spouse.

Today, we’ll go over some of the basics of how inheritances are treated in divorces.

Knowing when an uncontested divorce is right for you

You have known for months that your marriage is crumbling, yet a few things are holding you back from filing for divorce. You worry about the cost and time involved in resolving your disputes. You are afraid the divorce will be contentious and difficult on your children. Speaking of your children, how can you and your spouse agree on a parenting schedule that you both will be satisfied with? A judge does not know your family situation and may make decisions that are not in the best interests of you and your children. Like many Texas residents, you are not alone in your worries.

You may have considered an alternative method of divorce to litigation, such as mediation or collaborative law, but you have no idea how uncontested divorce works or if it will be effective in your case. It can help to understand the basics of mediation, the benefits it can provide and the situations in which it may be most beneficial.

What happens to your business in a divorce?

When it comes to dividing marital property in a Texas divorce, a number of complicated issues can arise, especially when dealing with high-value assets. If you own a business, you probably have important concerns about its fate in your divorce.

One of the first questions to ask is whether the business is separate or community property. Only community, or marital, property will be subject to division. With few exceptions, property you acquire before marriage is separate, and assets you purchase during the marriage are marital.

Texas law addresses summer possession rights for parents

May is in full swing and that means that for children in Texas, summer break is right around the corner. For children, summer is a time for sleeping in, going to the local pool or beach or taking a vacation. When married parents in Texas have a child, making summer plans is relatively easy. However, if a child's parents are divorced, they must follow a possession schedule that may differ from the one followed during the school year.

Texans may notice an uptick in single parents raising children

Divorce is not only more common place these days than it was 50 years ago, but the stigma is also changing. Many people in Texas are coming to the understanding that it is not necessary to spend the rest of one's life in an unhappy marriage, even if the couple has children. In fact, recent research indicates that divorce is having an impact on the number of single parents raising children in the United States.

How do student loan payments factor into a high value divorce?

No one can deny that the cost of college has soared, and many people in Texas must take out thousands of dollars in student loans, just to finance their education. Oftentimes a person takes out these loans and then later on marries. Sometimes it is the case that one spouse earns a lot more than the other and thus, that spouse's higher income is what makes it possible to pay back the other spouse's student loans. However, what happens if couples in such situations later on decide to divorce? Is the higher-earning spouse entitled to anything for paying back their partner's student loans?

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