Posted on January 31, 2024 in Family Law

Divorce cases concern multiple matters that are all finalized with court orders, regardless if done through mediation or litigation. These matters can include spousal maintenance, child conservatorship and placement, and property division. Sometimes things happen after a court order is entered that may warrant a modification to one of these orders. Modifications to court order decrees in Texas require ex-spouses to mutually agree on changes, a substantial change to a child or parent’s circumstances, or, regarding child support, a substantial change in child support guidelines. For help with the divorce process, be sure to speak to an experienced attorney.

Mutual Agreement

Relationships that remain amicable after a divorce can make it easier to modify court orders. Maintaining good communication, an open mind, and the willingness to compromise can allow both parties to come to a better understanding of each other’s needs long after the divorce is finalized. If both parties agree on modifying a court order, they can do so by filing a petition with the court. The court will confirm or deny the modification request depending on the circumstances surrounding the change.

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 Posted on January 12, 2024 in Divorce

Divorcing couples have multiple issues to deal with throughout the divorce process. Chief among them are child custody, alimony, and asset division. Texas is a community property state and divides assets accordingly. Only community property is divisible in a Texas asset division and distribution trial. So what exactly is community property? An experienced divorce attorney can answer any questions regarding divorce issues and provide guidance on what steps to take throughout the entire process.

Community Property vs Equitable Distribution vs Separate Property

As stated, Texas is a community property state. Community property is all property acquired during a marriage that is subject to division in the event of a divorce. The marital estate is divided 50/50 down the line unless a premarital agreement has been established or a judge feels a different split is deemed more “just and right,” which can address both property and debt.

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 Posted on December 28, 2023 in Family Law

Adopting a stepchild is a major decision and a big step toward an incredibly rewarding future. Taking on a child who is not of your own blood is one of the most selfless things a person can do. You are proving your love for not only the biological parent, but of their child as well. The legal process for adoption is not as straightforward as you might hope, however. For what to expect on this journey, it would be wise to consult an attorney who has some experience in Texas adoption cases.

The Most Important Elements of Stepchild Adoption

There are many criteria for adopting a stepchild but the most important ones fall under marriage, residency, and consent. These criteria must be met to achieve your dream of stepchild adoption.

You must be married to the stepchild's legal parent. You must also reside with the child for at least six months before you can file for adoption. This is Texas law and doing so will show that you are capable of providing care and support for the child. It also serves to establish a bond between you and the child.

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 Posted on December 12, 2023 in Child custody

For both divorcing parents and unwed parents living in separate households, child conservatorship can be a critical issue that often gives rise to disputes. Having to split possession can be a difficult reality for any parent. Some parents are unable to agree to a parenting plan on their own, which makes relying on outside parties, such as a judge or mediator, necessary.  A Texas child custody lawyer is a great source for discussing the different ways that parents can potentially resolve disagreements and other issues involving child conservatorship and possession.

Just The Two of Us 

Parents willing to cooperate have the potential to resolve conservatorship and possession disputes on their own. It may still be prudent to appoint and consult an experienced attorney so that both parents fully understand their legal rights when it comes to their children.

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 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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