Michael Most custody orders include a standard possession order (SPO) that sets the schedule for each parent’s time with the child. Custody orders refer to parenting time as access and possession, which is the same as visitation. Terms of the basic SPO allow the noncustodial parent to have possession of the child a couple of hours every Thursday night; on the first, third and fifth weekends of each month; on alternating holidays, and at least one month in the summer. The SPO tells the parents where the exchanges of the child will take place, where the child will spend the holidays, and has spe ..read more

Michael THE INFORMATION CONTAINED IN THIS DOCUMENT IS CONFIDENTIAL AND SUBJECT TO THE FAMILY ATTORNEY CLIENT AND WORK PRODUCT PRIVILEGE Suit for modification of custody: The following form is designed to help us to better litigate your custody case. Some of these questions may be asked of you on the witness stand, and your answers on the witness stand may be subject to cross- examination by opposing counsel. It is very important that you answer this questionnaire truthfully regarding yourself and the child(ren)’s other parent, as your attorney will rely upon the truthfulness of your answers in ..read more

Michael Most custody orders include a standard possession order (SPO) that sets the schedule for each parent’s time with the child. Custody orders refer to parenting time as access and possession, which is the same as visitation. Terms of the basic SPO allow the noncustodial parent to have possession of the child a couple of hours every Thursday night; on the first, third and fifth weekends of each month; on alternating holidays, and at least one month in the summer. The SPO tells the parents where the exchanges of the child will take place, where the child will spend the holidays, and has spe ..read more

Michael Family History Modification & Suit Affecting Parent Child Relationship with Holly Factors Below is a template for your Family History in a Modification Suit but also a Suit Affecting the Parent Child Relationship as to exploration of the best interests of the child but also material   and substantial change to warrant a modification 1. Briefly cover what led up to the separation between you and the mother/father of your child. 2. Please describe any child of the relationship, including: their growth and development; their health; their educational needs and your expectati ..read more

Michael Common law also called an informal marriage in the United States there are 11 states that recognize the informal or common law marriage. A common law or informal marriage is the legal equivalent to a formal marriage, but it comes into existence without any of the formalities generally required to create a marriage which would be the issuance of a license and then the attendance at a ceremony. An informal marriage can be created when the following elements have been met in Texas: There is an agreement to be married. Living together in Texas as a married couple and representing two oth ..read more

Michael General rules which can be applied to property upon dissolution of a marriage or for purposes of a partition in exchange agreement, or for a probate matter. The rules as I present to you are based on Texas case law and the Texas family code. Marital property in Texas– Property owned by a spouse is marital property. Marital property is either: Separate property or community property or a mixture of the two. Property not owned by a spouse is not marital property it is neither separate nor community property. Inception of title– The character of marital property is separate or community o ..read more

Michael Writ of habeas corpus return of a child.  A writ of habeas corpus is used to force a part to return or release a child to the person who has a superior right to possession of the child. The writ can be used to enforce a court ordered right of possession or legal right of possession when possession is not governed by court order.  A writ of habeas corpus should be granted when there later shows that he or she is entitled to custody of the child by virtue of a valid court order. The right to possession may not be relitigated in the habeas corpus hearing. The relator the person ..read more

Michael A waiver uncontested agreed divorce or non-contested divorce are terms are used to describe when a husband and wife have an agreement and they do not contest the dissolution of their marriage. In Texas you start a agreed divorce by filing an original petition for divorce.  You file that in the county in which you reside for the previous 90 days. As you file an original petition for divorce that will then get you a case number and a court assignment.   Texas has a 60-day waiting period that is a common  waiting period throughout the United States.  I am familia ..read more

Michael La custodia de los hijos en Texas significa que el padre que determina la residencia en la que el niño vivirá, la residencia también determinará la escuela a la que asistirá el niño. Ahora se puede dar el derecho de hacer la educación a uno de los padres exclusivamente en ese caso puede haber algunos conflictos con la residencia del niño con fines escolares. Estos factores son de un caso de servicios de protección infantil de 1977 y son: Los deseos del niño Las necesidades emocionales y físicas del niño ahora en el futuro El peligro emocional y físico para el niño ahora en el futuro ..read more

Michael Divorce Pleadings are used to give notice to the Court and the other side the requested relief you would like a Judge or Jury to grant upon dissolution  of your marriage.  In this article I will address examples of form pleadings and required information and where to place in your divorce petition.  The style of the case is where you name the parties and any children of the marriage.  This is on the first page along with  a protective order statement must also be part of the petition which states whether or not a protective order under either the criminal code ..read more