Soulsby LawSoulsby Law2024-02-28T15:14:57Zhttps://www.soulsbylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1103288/2023/07/cropped-SL_FAV-32x32.pngOn Behalf of Soulsby Lawhttps://www.soulsbylaw.com/?p=500742023-07-14T16:47:15Z2023-07-14T16:47:15ZTexas rules on support modification
The state recognizes that employment changes can significantly affect a parent’s capacity to pay child support continuously. For this reason, Texas allows the concerned parent to request a review of circumstances to determine if the situation qualifies for a modification. Note that a parent must actively petition the court for a review. Otherwise, they must comply with the original support order.
What support changes can apply?
It is important to know that losing a job does not automatically cancel a parent’s obligation to pay support. While the family court can lower the amount of support payment to match the parent’s new income or current paying capacity, it is rare for the court to order a total stop on the payments. This is because the courts heavily prioritize the child’s well-being and stopping support payments would most likely cause detrimental changes in the child’s life.
Dealing with the effects of a job loss can be worrying, especially if you have another individual to support. But know that there are available recourses for you. Whether through an out-of-court settlement or a court trial, you can still request adjustments to match your current financial capacity.]]>On Behalf of Soulsby Lawhttps://www.soulsbylaw.com/?p=482592023-07-07T15:11:16Z2023-06-16T08:24:37Z
Baby comes first
Texas law permits you to file for divorce during pregnancy. But you must wait until the baby is born before finalizing the process. The state’s family law court requires that your divorce case stays on file for at least 60 days before the issuance of the divorce decree. So, filing now and finalizing later may save you from additional waiting time.
The court’s reasons for making you wait are in relation to the following issues:
Determining paternity: For married couples, there is a presumption of paternity recognizing the man as the child’s biological father. But if the presumed biological father refuses to acknowledge that the child belongs to him, the court must wait for the child’s birth to conduct genetic testing. This procedure also establishes if the presumed biological father has child support responsibilities.
Determining child support: A living baby must exist for the court to order child support payments. There is also a possibility that the baby may be born with physical disabilities and other medical needs, which means necessary changes to child support arrangements.
The stakes are even higher for your family now that a baby is coming. Ultimately, the court decides on significant matters, like custody and visitation, based on the child’s best interests.
A transformative journey
Before your bundle of joy arrives, you must survive a whirlwind of physical and emotional obstacles that come with getting a divorce while pregnant. You don’t have to wait any longer to start the process if you’re determined to file for your marriage’s dissolution. A legal advocate can help ease your uncertainties in what may be your most transformative journey yet.]]>On Behalf of Soulsby Lawhttps://www.soulsbylaw.com/?p=482562023-07-07T15:11:35Z2023-06-13T18:18:11ZOpen communication
Both parties should maintain an open line of communication to discuss important decisions regarding the children's well-being, such as visitation schedules, education and healthcare matters. Putting aside personal conflicts and prioritizing the children's needs will contribute to a more nurturing environment.
Cooperation
Parents should work together to create a parenting plan that considers the best course for their children. This involves establishing a consistent routine, maintaining similar discipline strategies and encouraging a positive relationship with both parents. By fostering a sense of stability and a healthy co-parenting dynamic, children can adjust more easily to the changes brought about by the divorce.
Emotional support
Children may experience emotional volatility during and after a divorce. Parents must provide emotional support and reassurance during this time.
Encouraging open dialogue, active listening and validating their feelings can help children cope with potential emotional challenges. Engaging the help of therapists or counselors can also provide children with a safe space to express their feelings and develop effective coping mechanisms.
Minimizing conflict
Minimizing conflict between parents is vital for significantly reducing the impact of separation on children. Parents should strive to resolve disputes amicably, avoiding heated arguments or using children as pawns in their conflicts. Shielding children from parental disagreements and maintaining a respectful demeanor towards one another will help create a more peaceful environment where kids can grow into well-adjusted and stable adults.
Putting children's interests first
Divorces can get contentious as both ex-spouses attempt to pinpoint the blame for the split. This can cause parents to have clouded judgment and overlook their children's needs. Consciously pursuing a child-centered divorce makes kids the primary focus and ensures both adults make decisions that put their children's interests first, a course that can ultimately end up benefiting everyone involved.]]>On Behalf of Soulsby Lawhttps://www.soulsbylaw.com/?p=482492023-07-07T15:14:19Z2023-06-08T22:34:35ZParentage should never be in jeopardy
LBGTQ family law is an issue of controversy in many circles. This includes the jurisdiction of many states who have not reformed their basic family laws in decades. As a result, LGBTQ parents or those seeking to become parents can find themselves at a disadvantage. This is a situation that existing family laws have yet to address fully.
Parents of all backgrounds need to be able to make critical decisions regarding health care and education for the children they are raising. They may also want to provide for a child by leaving an inheritance or putting a child on their health insurance policy. However, if the law does not consider the adult to be the child's legal parent, complications can arise.
Maintaining a family is a serious issue
Starting a family in the legal sense can be an incredibly distressing issue for LGBTQ parents. The concept of legal parentage should ensure that parents never lose their connection to a child. But for many LGBTQ parents, this occurs when one partner dies or the marriage is dissolved.
More than half of U.S. states have yet to create a clear pathway to defining the full legal rights of LGBTQ parents. This results in legal battles that are complex, time intensive, and costly. Many family law advocates are joining forces nationwide to call for reform. This call may affect parental law discourse for years to come.]]>On Behalf of Soulsby Lawhttps://www.soulsbylaw.com/?p=482452023-07-07T15:14:36Z2023-06-02T06:02:54Zlegal parents of the child.
Generally, for the court to recognize either party as the child's legal parents, they must satisfy the following requirements:
Both parties have jointly adopted the child
One party is the biological parent of the child, while the other party has adopted the child
However, things could grow messy if one partner is a parent by blood or law and the other is not. Unfortunately, the law does not automatically grant nonbiological parents the same rights as biological parents. If the other party has made no attempts to adopt, the court considers them a nonparent.
Before a nonparent can participate in a custody dispute, they must first establish that they have standing to do so or demonstrate that they had actual care, control and possession of the child. Because of how complex this area of the law can become, nonparents may want to seek legal counsel.
It can be extremely tiresome to deal with divorce, and child custody only adds a layer of difficulty. However, it is important to keep in mind that judges make decisions based on what is in the child's best interests. That includes ensuring the child continues to have a relationship with both parents.]]>On Behalf of Soulsby Lawhttps://www.soulsbylaw.com/?p=482432023-07-07T15:14:51Z2023-05-26T19:05:55ZAnnulment: what marriage?
When a court grants a petition for annulment, not only does it end the marriage, but it will also hold the marriage invalid. It will be as if the marriage never happened in the first place. Of course, the courts will only allow an annulment under certain circumstances, including the following:
Either party was a minor when the marriage took place
Either party had impaired judgment for being under the influence of alcohol or drugs
Either party was not mentally capable to agree to the marriage
Either party involuntarily entered the marriage due to fraud, threats or violence
Either party is permanently impotent
There was concealment of a previous marriage
The marriage took place less than 72 hours after the marriage license issuance
Moreover, property of division is not available for annulled parties because Texas divides marital properties acquired during the marriage. And if there is no marriage, the property division laws cannot apply.
Divorce: It was there, but it did not last
A divorce order legally ends a marriage, but it acknowledges that the marriage existed and was valid. As a no-fault state, Texas generally allows spouses to file for divorce because of insupportability of the marriage, without having to prove fault against the other party. There are, however, instances when judges consider fault when dividing marital property.
If you are looking to end your marriage but are still determining which process suits your case best, understanding the difference between annulment and divorce can help you identify your next step.]]>On Behalf of Soulsby Lawhttps://www.soulsbylaw.com/?p=482372023-07-07T15:15:06Z2023-05-19T07:00:45ZWho can help me?
In Texas, the Office of the Attorney General (OAG) enforces a child support order. Once the custodial parent submits the request to enforce the support order, the OAG can apply any of the following ways to compel the paying parent to perform their obligation:
Filing a civil or criminal contempt lawsuit
Withholding income and using it as support payment
Holding assets as collateral until support payment has been made
The law requires the OAG to report delinquent child support payments to credit agencies. This means that failure or late payments of support can adversely affect the credit score of the paying parent. Moreover, the OAG has an obligation to publicly identify child support evaders in certain circumstances.
It is understandable for a custodial parent to worry about not receiving support, especially since they need to financially support their child’s daily needs, education, health and recreational activities for proper development and growth. Knowing that the law protects them by actively enforcing support orders can give them assurance.]]>On Behalf of Soulsby Lawhttps://www.soulsbylaw.com/?p=482332023-07-07T15:15:21Z2023-05-03T03:04:34ZYoung children
Young children may feel confused and overwhelmed about their parents' divorce. They might struggle to understand why one parent no longer lives in their home and may feel that the parent has abandoned them. Both parents need to reassure their children of their love and that both will continue their presence in the child's life.
Teenagers
Teenagers may act independently like they can handle the emotional changes stemming from divorce but could have unconscious fears and other reactions that cause them to act out emotionally. Teens can become distant, rebellious or start engaging in risky behaviors. Teens will benefit from their parents' understanding and support as they navigate this difficult time.
Adult children
Adult children may find their parents' divorce more difficult to deal with, especially if it happens later in life. Parents splitting up later in life can cause their adult children to struggle with issues of trust and have difficulty forming and maintaining relationships. Parents can help by acknowledging their adult children's feelings and offering support.
Some children need extra support
Some studies show that children of divorce have a higher risk of developing mental health issues, including depression and anxiety. They may need extra support to ease them through difficult times. Therapy, support groups and other types of counseling can provide a constructive outlet and guidance to help children cope. Additionally, parents can help by having open and honest conversations about the divorce and the children's feelings and by providing them with the additional resources they need to feel better.
Divorce can significantly impact children at any age. By understanding the potential negative impacts, parents can find ways to support their children as the family navigates this challenging experience.]]>On Behalf of Soulsby Lawhttps://www.soulsbylaw.com/?p=482292023-07-07T15:15:36Z2023-04-18T03:17:34ZCommon mental health issues
Studies indicate that adopted children are more likely to receive a psychiatric diagnosis than non-adoptees. Heredity certainly plays a role in this, but so does the trauma associated with the adoption process. Some common mental health diagnoses among adopted children include:
Anxiety
Bipolar disorder
Depression
ADD or ADHD
Oppositional defiant disorder
Post-traumatic stress disorder
Disenfranchised grief
Death and divorce are usually considered “normal” sources of grief. However, disenfranchised grief is very real among adoptees. While the adoptive parents rejoice about the addition to their families, adoptees may continue grieving the loss of their parents for quite some time.
Social messaging tells these children that they should be happy about their adoption, resulting in disenfranchised grief. Even if the child went into the adoptive system for a “good reason,” they still must process their loss.
Finding an identity
Psychologists and sociologists agree that it is harder for adopted children to figure out who they are in the world than it is for biological children. This becomes even more common in transracial adoptions. When an adopted child doesn’t know anything about his or her genetic makeup, it can feel more difficult to find their "true identity."
Suicide statistics
According to at least one study, adopted children are four times more likely to eventually commit suicide than non-adoptees. Experts blame this on a number of factors including early trauma, institutional care and attachment issues. Other possible causes include genetic susceptibility to mental illness and addiction.
While adoption is a beautiful process that completes families and provides stability to children who wouldn’t experience it any other way, there are far-reaching mental aspects associated with the process. Adopted children can certainly thrive in their new environments, but they may experience challenges that other children don't.]]>On Behalf of Soulsby Lawhttps://www.soulsbylaw.com/?p=482252023-07-07T15:15:48Z2023-04-04T22:26:11ZFoster care adoptions: what to know
You do not have to become a licensed foster parent to adopt from foster care. However, most people who adopt through the foster system are currently foster parents who are adopting a child in their care. The requirements for becoming a foster parent and adopting a foster youth are the same:
Be a financially stable adult at least 21 years old.
Attend training sessions to learn about foster care, first aid and child development.
Undergo a background check and a home study.
Provide personal and professional references.
If you meet these criteria, you can move forward with adoption.
What is the adoption process like?
The following is a broad outline of the steps you will take when adopting:
Find an agency
The first step is to find an agency that provides adoption and/or foster care services. Once you have an agency, you will complete extensive paperwork, including an application to become a foster or adoptive parent.
Match with a child
After the court places a child in your home, there is minimum of 30 days before you can finalize the adoption. A caseworker will visit at least once to check on the placement and see how things are going for you and the child. Most adoptions occur within three to nine months, though some happen sooner and others later.
Termination of parental rights
If it has not already, the court will terminate the rights of the child’s biological parents. Although the child’s other biological relatives have the opportunity to challenge the adoption, this rarely occurs.
Finalization
If the caseworker has positive recommendations, the biological family’s rights are terminated and you are ready to adopt, the judge will issue a final decree of adoption. Then, you can celebrate the new addition to your family.]]>