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Sometimes in contested custody cases, the court appoints a guardian ad litem to help resolve the case.  People may confuse an attorney ad litem with a guardian ad litem because of the name similarity, but their roles and qualifications are different.  An attorney ad litem must be a lawyer, and the lawyer’s role is to… Read More »

When parents continue to disagree about custody after mediation or other attempts to resolve their issues outside of court, the court may order a custody evaluation. A custody evaluator is generally a psychologist who evaluates the child and family members.  Based on the evaluation, the evaluator recommends a visitation or parenting plan that is in… Read More »

The Texas Family Code uses different legal terms to describe custody roles and functions, which can be confusing for people who are used to hearing words like custody, custodian, visitation, and other familiar divorce terms.  For example, under the Texas Family Code, a conservator is a custodian—usually a parent who has responsibilities and duties to… Read More »

Emotions build, and many people tell their spouses in the heat of the moment that they want a divorce.  Afterward they seek legal counsel to gain a more rational view of their situation.  However, whenever possible, the best time to consult a Texas divorce lawyer is when a spouse first starts considering divorce.  Divorce is… Read More »

Parents often mistakenly believe that paying child support entitles them to custody rights or vice-versa. For example, sometimes a non-custodial parent believes that denied visitation justifies not making a support payment.  Or a parent might think that if he or she provides more custodial services in caring for the child, that this custodial service justifies… Read More »

While Child Protective Services (CPS) makes the children’s safety their priority, it also works with parents to help them correct abuse or neglect and find constructive ways to discipline children when needed. What is a CPS investigation? The purpose of a CPS investigation is to find out whether a report of child abuse or neglect… Read More »

In Texas, parents have child support obligations, even when they are minors and still going to school.  How the courts determine child support, of course, depends on a variety of factors: Are the child and mother living with parents or grandparents? Are parents or grandparents currently providing support for the child? What income is the… Read More »

The family home is many people’s largest asset.  Deciding whether to sell the house and divide the proceeds, or keep it and have the primary residential custodian live in the house with the children are often the main considerations.  No one answer fits every situation. Various factors come into play when deciding about family homes:… Read More »

Short of studying individual case rulings or relying on a divorce lawyer’s extensive experience, where a court draws the line on unacceptable behavior in divorce cases seems rather subjective.  Most people have common sense about actions that may be unacceptable.  However, when addressing sensitive issues in divorce, people’s emotions get the best of them. The… Read More »

In some states like California, where probate costs can run into tens of thousands of dollars, avoiding probate is crucial for preserving assets.  However, by comparison, probate in Texas does not involve extensive costs.  Nevertheless, the best plan is to discuss the assets and value of an estate with an experienced Texas wills and probate… Read More »