Posted on November 28, 2023 in Divorce

Domestic violence affects families in different ways, but each one can leave a lasting impression in the minds of those who suffer it. Unsurprisingly, bouts of consistent family violence can lead to the filing of divorce papers in an attempt to break free from the cycle. But what can a history of domestic violence do for your divorce case? Look to hire an experienced Texas divorce attorney. One that can provide all the answers to your divorce and family law questions.

How Does Texas Define Domestic Violence?

In Texas, domestic violence is considered an act committed by a family or household member with intent to deal physical bodily harm, bodily injury, assault, or the threat of harm. In this definition, family and household refer to:

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 Posted on November 09, 2023 in Child custody

Custody battles can be exhausting and overwhelming and create a whirlwind of emotions as parents go toe-to-toe with one another over the care of their child. You will want to employ effective strategies to overcome the obstacles ahead. One of the best strategies is to have an experienced family law attorney at your side throughout the proceedings. A skilled lawyer is ready to stand in the trenches alongside you every step of the way.

Uncontested Divorce and Mediation

Nobody wants a nasty custody battle that will dredge up the worst in both parties. It is best to avoid confrontation inside a courtroom, instead opting to figure out beforehand who will handle what regarding your children. Mediation is a terrific option for couples willing to cooperate to benefit their children and themselves. Finding common ground will not only help with the current custody situation but can also help establish co-parenting skills that will benefit everyone involved in the future.

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 Posted on October 25, 2023 in Divorce

A traditional divorce can be a lengthy process that is both emotionally and financially draining. Divorcing couples will often look to avoid this avenue toward dissolution and choose mediation as a more appealing alternative. Regardless of which path you decide for your divorce, a skilled and empathetic divorce attorney is a great tool to have on your side.

What is Mediation?

A mediated divorce can cost you more than an uncontested divorce, but it acts as a great middle-ground for couples looking to resolve a few unagreeable issues. Rather than going to trial in a heated contest for who gets what, you and your spouse can agree to meet with a neutral third party in an attempt to resolve things amicably.

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 Posted on October 10, 2023 in Divorce

Successful co-parenting can take a lot after a nasty divorce. Yet, you must set some things aside and remember that your children are the top priority. To separate your personal issues with your ex-spouse from the duties of co-parenting, some tips can help.

Children of divorce harbor a lot of feelings during and after the process. It is in the parent’s best interests to address these issues head-on and work together to co-parent effectively. Difficulties are sure to present personal challenges along the way. An experienced attorney can offer you advice and support during these times.

Children Come First

The most important and likely obvious tip is always to put your children first when making decisions. Every co-parenting decision you make should be in the child’s best interests. You and your ex-partner must consider your child’s emotional, physical, and psychological needs above your own disputes, preferences, and personal feelings. Never use your child as a pawn in a divorce.

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 Posted on September 27, 2023 in Family Law

Child support is a critical aspect of family law, and ensuring that children receive the financial support they deserve is a top priority for the Texas legal system. The Texas Legislature, along with Governor Greg Abbott's endorsement, has introduced significant amendments to the Texas Family Code (TFC) in the form of Senate Bills 869 and 870. These changes started on September 1, 2023, and aim to streamline and enhance the child support collection process in Texas.

To further understand the child support changes or any legal matters about child support, it is best to contact an attorney. They can explain the amendments and what they mean for you and your family going forward.

No More Transferring Inheritance to Avoid Overdue Payments

The change to TFC 154.004 prevents individuals with overdue child support payments from transferring their inherited property to someone else to avoid their financial obligations. This means that if someone owes child support and inherits money or property, the inheritance can be used to pay off the debt.

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 Posted on September 14, 2023 in Family Law

You may have an adult in your family who is not capable of taking care of himself properly. This person might be unable to keep up with his basic hygiene or even dress and feed himself. He may not be competent enough to make major decisions. If this sounds familiar to you, a guardianship arrangement could be of real value to you and your loved one. 

While this route may be the best approach for your loved one, you may have questions and concerns about the process. That is where a qualified lawyer comes in. Here at Daniel R. Bacalis, P.C., we are here to provide the information and representation you need to feel confident and secure in the guardianship process. 

How is a Guardianship Defined in Texas? 

Guardianship is a legal arrangement meant to protect someone who is vulnerable. Because this person cannot care for himself, guardianship protects him against abuse or neglect. Instead of being independent, the person under guardianship will have certain factors in his life - often including financial and health decisions - managed by an appointed person.

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 Posted on August 24, 2023 in Divorce

Divorce can be a difficult process for everyone involved. In addition to the spouses and their children, other family members may also be affected, including grandparents. Depending on the decisions made about child custody, grandparents may be concerned about whether they will be able to spend time with their grandchildren or whether a parent may take actions that could cause harm to family relationships. Fortunately, Texas law allows grandparents to request visitation with their grandchildren. By understanding how grandparents’ rights are affected by a divorce, families can determine their best options for maintaining important relationships.

The Importance of Grandparent-Grandchild Relationships

Research has shown that strong bonds with grandparents and other extended family members can greatly benefit children's social, emotional, and psychological well-being. Grandparents often play vital roles in supporting and nurturing their grandchildren. They can provide stability and love throughout challenging times. In recognition of the importance of grandparent-grandchild relationships, Texas law allows grandparents to request visitation with grandchildren under certain circumstances.

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 Posted on August 11, 2023 in Divorce

Divorce can be difficult, not just for spouses who are ending their marriage but also for their children. It is important to remember that children are often caught in the middle of divorce proceedings, and they may struggle to cope with the changes they will be required to make in their lives. In these situations, they can experience a wide range of difficult emotions, such as confusion, sadness, anger, and even guilt. As you address the many legal and financial issues that will play a role in your divorce, and as you make adjustments to living situations, daily routines, and other parts of your life, it is crucial to prioritize your children's well-being and ensure that their needs are met. Here are some tips on how to focus on your children's needs during this difficult time:

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 Posted on July 25, 2023 in Divorce

When a person chooses to end their marriage and get a divorce, they will need to determine whether to pursue a contested or uncontested divorce. It is essential to understand the differences between the two. Depending on the approach taken during the divorce process, the outstanding issues in a case may be addressed in different ways. Those who are planning to get a divorce can ensure that they are prepared to handle their legal concerns by working with a skilled and experienced family law attorney.

Uncontested Divorce

In an uncontested divorce, both parties will agree on all issues that need to be addressed in order to dissolve their marriage legally. These issues may include, but are not necessarily limited to, child custody, property division, and spousal support. The parties will need to reach agreements on how all outstanding issues will be resolved, and their decisions will be set down in a divorce settlement agreement. This settlement will then be filed in court, and once a judge signs off on it, the couple's marriage will be terminated.

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 Posted on July 18, 2023 in Divorce

After a divorce, a parent may believe that it is necessary for them to relocate to a different city, county, region, or state. A parent may choose to move for various reasons, such as to pursue job opportunities, to receive family support from loved ones in different areas, or simply to receive a fresh start after the end of their marriage. If you are a parent in Texas who wants to move with your child after getting divorced, it is essential to understand the legal requirements you will need to meet and the potential challenges that you may need to address.

Relocation by a Parent With the Exclusive Right to Determine Children’s Primary Residence

When child custody orders are created in Texas, one parent will usually be granted the exclusive right to determine where their children will have their primary residence. In cases involving sole legal custody (which is known as conservatorship in Texas), the parent with this exclusive right will usually be able to relocate with no restrictions. However, in cases where parents will share joint managing conservatorship, certain restrictions will apply to the locations that a parent will be able to relocate to. In many cases, these geographic restrictions will limit a parent to living in the county where they resided at the time of their divorce or other neighboring counties. If necessary, the court may choose to put other types of restrictions in place based on the unique circumstances of the case.

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