W. Tyler Moore, PC

November 2017 Archives

Where will a child in Texas spend the holidays after a divorce?

Once the turkey has been eaten, football games have been watched and "Black Friday" shoppers have flocked to Houston stores in droves, this means the start of the winter holiday season is upon us. Soon will come the time of gift-giving, feasting and celebrating the end of one year and the beginning of another. However, this time of year can be complicated for parents who are divorced, particularly when it comes to child custody.

Holiday Visitation

Holiday visitation questions in child custody are starting to arise.  When they do, there are two factors to keep in mind.  The first is "the best interest of the child" which was discussed in an earlier blog a few weeks ago.  The second is the part of the Standard Possession Order dealing with "mutual agreement or specified terms for possession".  

Family law becomes complicated when doctors in Texas divorce

It takes years of schooling and hard work to become a doctor in Texas. Oftentimes, if the doctor is married, they may say that they could never get through medical school without the support of their spouse. Many times, when one spouse is going to medical school, the other spouse will do what it takes to support their spouse in this endeavor, even if it means giving up their own schooling and job opportunities. Then, once a spouse earns their medical degree and starts working, the spouse who had supported them during medical school will then stay at home to care for the family.

Enforcing property divisions

Enforcin property divisions in a divorce case is a common problem.  Although Chapter 7 of the Texas Family Code gives a divorce court wide latitude in dividing the marital property, it doesn't provide tools for the judge to make sure the property division is accomplished. Chapter 9 of the Texas Family Code is the source of the tools available to a judge for enforcing property divisions.  Although Chapter 9 prohibits a judge from making substantial revisions to a decree which awards property, it does allow a judge to clarify his prior order so that it may be enforceable by contempt which allows a judge to jail or fine a party that ignores his order. 

How can paternity be established?

Fathers play an important role in the lives of their children. They provide for their child's physical needs and emotional needs, and serve as both a parent and a role model. Unfortunately, when an unmarried father in Texas breaks up with his child's mother, the child's mother may try to keep him from seeing the child, even if it is not in his best interests or the child's best interests. Therefore, unmarried fathers may want to seek child custody or visitation rights. However, before they can do so, paternity must be established.

"Best Interest" in Child Custody

What is "best interest" in Child Custody? I receive many inquiries about what does "best interest" mean in context of child custody?   There is no definition in the Texas Family Code for "best interest" of a child.  It is a lot like "beauty" in that its definition lies in the eye of the beholder, the tryer of facts in the case, whether it's the judge or a jury.  

'Tis the season to review your child custody holiday schedule

For many people in Houston, autumn and winter are their favorite seasons due to the many holidays celebrated these months. This is especially true for families with children, who want to make happy holiday memories that will last their child's lifetime. Of course, families come in all shapes and sizes, and sometimes a child's parents are divorced. However, even divorced parents can take steps to ensure that the fall and winter holidays run smoothly, so that their child still experiences the wonder of the season.

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