W. Tyler Moore, PC

December 2017 Archives

Fathers across the country are fighting back

Father's rights regarding child custody have become a hot topic across our nation. As such, many different groups and movements have popped up along the way, all with one purpose--to bring the family law court system to its knees and prevent suitable parents from being stripped of having a relationship with their child.

Fathers are entitled to be with their kids

Historically, fathers have been seen by Texas law as providers, and mothers as upbringers. For this reason, many fathers believe they have no chance at receiving full custody of their children. The best they can hope for – they think – are visitation rights.

Tax bill could significantly affect divorced couples in Texas

People in Texas who have been following political news may be aware that the proposed Republican tax bill could negatively affect those who pay spousal support. However, do those who are contemplating ending their marriages and are anticipating having to pay spousal support need to rush to finalize their divorce before the bill becomes law, especially if their divorce will be a high value divorce?

Bird's nesting: a unique take on child custody

Some people in Houston may assume that when it comes to child custody after divorce, the child will inevitably be shuttled back and forth between each parent's house. While this is the norm in Texas, and pretty much everywhere else, parents who are concerned about the upheaval this will cause their child may be interested in an alternative child custody arrangement: bird's nesting.

Holiday Visitation Schedules

Holiday visitation schedules are a problem for many people.  I get phone calls from people looking for a quick answer to their problems with child custody and visitation issues.  Without looking at the actual possession order it's impossible to answer the questions. Although Texas has a "Standard Possession Order", it is often tailored to specific situations.  The Standard Possession Order is like a "rack suit", i.e. a generalized outline which may be tailored to specific circumstances if need be.  Asking a lawyer to opine on your possession of your children when the lawyer doesn't have the actual possession order before him is futile.

Watch out for these high value divorce pitfalls

Any divorce is an emotional affair, but the stakes are higher when it's a high-asset divorce. When couples in Texas have substantial assets to divide and the issue of spousal support is on the table, neither party wants to leave the divorce process feeling short-changed. However, it is important to think with a clear head. An attorney can be a great asset in helping their clients look at their divorce legal issues objectively, so they can reach a result that is fair.

How are marriages ended?

How are marriages ended?  Marriages are ended either death or divorce.  I had an interesting question posed to me today.  A couple were separated and a divorce had been filed. During the pendency of the divorce, the husband died in an accident.  A third party wanted to know if it was possible to get the divorce granted or alternatively, to try to have the marriage annulled because of an alleged fraud committed by the surviving wife. The short answer is "NO".  Until the parties were granted a divorce, they were married in the eyes of the law.  The surviving wife was the widow entitled to her share of the estate under the law.  As for an annulment, the only parties who could raise that issue were the husband and wife. The husband died and the wife wasn't interested in trying to annul the marriage.  Long story short, the deceased left a widow.\

Unmarried fathers in Texas may need to establish paternity

Sometimes, a child in Texas is born to parents who are unmarried. However, that doesn't diminish the active role the father may want to play in his child's life. Children deserve to have the love and support of both parents. Therefore, in order to seek custody and visitation rights, an unmarried father must first establish paternity.

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