Tag Archive for: East Texas divorce attorney

Special Considerations for Special Needs Children in Texas

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If you are the parent of a special needs child and your family is going through a divorce, you are probably well aware that the needs of your child will have to be provided for during and after the divorce process. Fortunately, there is a tool that you can use to ensure that the unique needs of your family are reflected in the outcome of your divorce case.

The parenting plan is an important part of any divorce involving minor children. In a parenting plan, parents set forth their decisions regarding conservatorship, possession, access, and other issues that are relevant to their family. The best parenting plans are the ones which are crafted by both parents. You and your soon to be former spouse know better than anyone else what your children need. You are also the experts on what will work for your family, with your housing situations, work schedules, and all of the other things that are a part of family life. If the two of you can, with the assistance of your attorneys, put together a plan that will work for everyone in your family, it is likely to be approved by the court as being in the best interest of the children.

When you work with your attorney to develop a parenting plan, make sure that it includes all of the things that you do as parents to provide for your children’s special needs. For example, if one or more of your children are following a treatment plan, your parenting plan can provide for the regular evaluation of the treatment plan, as well as how decisions about changing the treatment plan will be made.

The possession and access schedule is an important part of any parenting plan, and parenting plans for families of special needs children are no different. Children do well with predictable daily and weekly routines, and children with special needs may be particularly sensitive to changes in those routines. Even though your divorce will most likely result in your children spending time in two different households, your parenting plan can incorporate daily and weekly activities which you recognize as important to your child’s sense of stability and predictability.

If there are specific educational, medical, or therapeutic programs that you have found to be beneficial for your child, include them in your parenting plan. Make sure that the plan addresses how these activities will fit into the possession and access schedule. Also, include information about which parent is responsible for paying for which programs.

These are a few of the considerations which parents of children with special needs can address in their parenting plans. Since each family is different, be sure that any parenting plan that you propose to the court includes information about the things that are most important to your family. Make sure that you can show how your parenting plan provides for the best interest of each of your children, in case the court has any questions regarding that topic.

An experienced East Texas divorce attorney can help you create a parenting plan which will provide for the needs of all of your children, including any who have special needs. Your attorney can work with your soon to be former spouse or their attorney, if they have one, to reach agreement on the parenting plan for your family. In the event that parenting issues must be litigated, an East Texas Divorce Attorney can help you to present your best case to the court. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient online contact form.

Texas Family Law Attorney Explains the Best Interest of a Child Standard

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If you have minor children and you are involved in a Texas Divorce, or you are considering one, you may wonder what criteria Texas courts use in making decisions regarding child custody. The child custody orders that work best for everyone involved are the ones that are created by agreement between the divorcing parties. However, if you and your soon to be former spouse are unable to reach an agreement on how you will divide parenting time and responsibilities, the court will step in and create an order which provides for the best interests of the children while addressing the needs and abilities of both parents.

In Texas, there is a list of nine factors which courts commonly assess in their decisions regarding child custody. The nine factors are derived from the case of Holley v. Adams, 544 S.W.2d 367 (Tex. 1976), and are commonly referred to as the “Holley Factors”. It is important to note that while the Holley case was a case dealing with the issue of whether to terminate parental rights, the courts have found that the list of factors which came out of the Texas Supreme Court’s decision in that case are applicable in all kinds of cases where a decision must be made regarding the custody of one or more children.

The Holley factors, when considered as a group, help the court to decide what kind of child custody order will serve the best interests of the children to whom it will apply. These factors include the abilities of the parents, the desires of the children, the stability of the parents’ homes, the plans that each parent has for the children, present and future physical and emotional needs of the children, whether either parent poses a danger to the emotional or physical well-being of the children, behaviors of the parent which may affect the appropriateness of the parent-child relationship, reasons for any parental behavior which affects the appropriateness of the parent-child relationship, and any programs that are available to assist the parties in providing for the best interest of the children.

It is also important that parents who are involved in Texas divorce cases understand that while the Holley factors play a large role in custody decisions, other pertinent factors may be considered by the court as well. If any of the following topics are important to your family, it is important that you let your attorney know so that they may present information about them to the court. The past and present state of which parents fulfill which responsibilities to the children may be a factor in custody cases, as it is closely tied to the everyday activities and routines that the children are accustomed to. Parental behavior which is intended to undermine the relationships of the children with their other parent is not conducive to a healthy environment for the children, so it should be mentioned in any case where it has occurred. Also, if there are other things that are important to you, discuss them with your attorney so that they can help you to understand whether and how they would contribute to a discussion of child custody in your case.

If your divorce case involves children, it is important that you seek the assistance of a knowledgeable East Texas Divorce Attorney. A skilled divorce attorney can increase your chance of reaching a child custody agreement which will work for you, and can help you present your best case in the event that any portion of your divorce proceeds to litigation. To learn more, call Texas Family Law Attorney Alex Tyra today to schedule a free consultation with one of our Texas Divorce Attorneys. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient online contact form.

 

Building Strong Relationships After Your Divorce, One Visit at a Time

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When your first child was born, you probably realized that you were entering a new chapter of your life. That tiny baby that you held in your arms was in fact someone with whom you will have a bond for your entire life.  As your child or children grew, you built a relationship with them, one moment at a time. Now that you are divorcing, that does not have to change. Although the schedule of moments that you will share with your child or children may look different than it did when all of you lived in the same home, each moment presents the same opportunities as all of the moments prior to your divorce did. Even if your new schedule gives you less time with your child or children than you are accustomed to, your bond can remain strong both now, and for years to come.

If you are able to focus on making your kids’ transition from their other parent’s home to your home as smooth as possible, you will set yourself and your kids up for a great visit. Calm and civilized communication before, during, and after pick-ups and drop-offs will set your children at ease. Once the children are at your house, remember that children thrive when consistent rules and routines are a part of their day to day life. It is likely that your children follow rules and routines at their other parent’s home that the two of you decided upon together before your divorce. Incorporating the rules and routines that your children are accustomed to into life at your house will help the kids feel safe and secure, and can reduce the likelihood of the behavioral problems that can, for some children, accompany a change in routine.

You may wonder what kinds of things you should do with your kids when they visit you, because you have such limited time together and you want to make sure that it is enjoyable. Some parents feel like they have to amaze their kids with extravagant outings and gifts when they visit, in order to make the visits more memorable. Fortunately, this is not true. In fact, visits that are too jam-packed with activities and excitement can be overwhelming for some kids. If you take care to ensure that visits are not crammed too full of plans and activities, that can help to keep everyone’s focus on being together, instead of making it through an exhausting schedule of events.

When you are thinking about what you would like to do with the kids during your visits, remember which things you have already done with them have brought you the most joy. If you and your child or children still enjoy those same activities, make a plan to incorporate them into your time together. Since children are always growing and some of their interests change often, another way to make sure that your time with your child is meaningful for both of you is to set aside time for you to just be with them, in comfortable situations like enjoying a meal together or taking a walk. You may be surprised at how much you can learn about your child and their interests during these simple activities, as kids are often eager to share details about things that they enjoy. When they mention things that are also interesting to you, make a plan to do those things together at some point in the future.

If you are a parent who is considering divorce, it is to your advantage to work with a Texas divorce attorney. To learn more about how we can help you with your Texas divorce, schedule a free consultation with East Texas divorce attorney Alex Tyra today. Call our office at (903) 753-7499, on the web to submit an online contact form.

 

Building Strong Relationships After Your Divorce, One Visit at a Time

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When your first child was born, you probably realized that you were entering a new chapter of your life. That tiny baby that you held in your arms was in fact someone with whom you will have a bond for your entire life.  As your child or children grew, you built a relationship with them, one moment at a time. Now that you are divorcing, that does not have to change. Although the schedule of moments that you will share with your child or children may look different than it did when all of you lived in the same home, each moment presents the same opportunities as all of the moments prior to your divorce did. Even if your new schedule gives you less time with your child or children than you are accustomed to, your bond can remain strong both now, and for years to come.

If you are able to focus on making your kids’ transition from their other parent’s home to your home as smooth as possible, you will set yourself and your kids up for a great visit. Calm and civilized communication before, during, and after pick-ups and drop-offs will set your children at ease. Once the children are at your house, remember that children thrive when consistent rules and routines are a part of their day to day life. It is likely that your children follow rules and routines at their other parent’s home that the two of you decided upon together before your divorce. Incorporating the rules and routines that your children are accustomed to into life at your house will help the kids feel safe and secure, and can reduce the likelihood of the behavioral problems that can, for some children, accompany a change in routine.

You may wonder what kinds of things you should do with your kids when they visit you, because you have such limited time together and you want to make sure that it is enjoyable. Some parents feel like they have to amaze their kids with extravagant outings and gifts when they visit, in order to make the visits more memorable. Fortunately, this is not true. In fact, visits that are too jam-packed with activities and excitement can be overwhelming for some kids. If you take care to ensure that visits are not crammed too full of plans and activities, that can help to keep everyone’s focus on being together, instead of making it through an exhausting schedule of events.

When you are thinking about what you would like to do with the kids during your visits, remember which things you have already done with them have brought you the most joy. If you and your child or children still enjoy those same activities, make a plan to incorporate them into your time together. Since children are always growing and some of their interests change often, another way to make sure that your time with your child is meaningful for both of you is to set aside time for you to just be with them, in comfortable situations like enjoying a meal together or taking a walk. You may be surprised at how much you can learn about your child and their interests during these simple activities, as kids are often eager to share details about things that they enjoy. When they mention things that are also interesting to you, make a plan to do those things together at some point in the future.

If you are a parent who is considering divorce, it is to your advantage to work with a Texas divorce attorney. To learn more about how we can help you with your Texas divorce, schedule a free consultation with East Texas divorce attorney Alex Tyra today. Call our office at (903) 753-7499, on the web to submit an online contact form.

 

Why Should I Settle My Texas Divorce Case?

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Did you know that most divorce cases, whether they take place in Texas or elsewhere, are resolved through settlement instead of by trial? It is estimated that around ninety five percent of divorce cases settle, with a remaining 5% to be handled in the courtroom.  If you are currently convinced that your divorce case will be a part of the five percent of divorce cases that go to trial, keep reading to find out why so many divorce cases settle, and why your case is very likely to end up being one of them.

The parties in a divorce proceeding are certainly adverse to one another, at least in many cases. After all, if things were workable between them, then they would not be filing for divorce. There is one thing, however, that even the most adversarial of spouses can often agree on. That one thing is that each of them will be better off if they design their own divorce settlement than if they let a judge design it for them.

The reason for this is simple. The parties to a divorce know what property they have, and which items are most important to each of them. If they have children, they know what kind of a schedule will work for their family, and what things they consider important with regards to the children. Any property settlement and parent child contact schedule that the parties arrive at through settlement is going to reflect this knowledge about what is important to the parties and what will work for them much better than a divorce order that is created by someone who does not know the family.

With this in mind, you may be wondering how you will ever be able to reap the benefits of settling your divorce if you cannot so much as have a simple conversation with your soon to be former spouse without the conversation quickly dissolving into yelling, tears, or silence. If communication between you and your soon to be former spouse is difficult, you are not alone. Most couples who are divorcing have at least some degree of difficulty communicating with each other at least some of the time. Despite this, most of them are able to go on to settle their divorces without a trial.

How do they do it? By getting attorneys involved. An experienced Texas divorce attorney can help you to bypass communication difficulties and obtain a settlement that is based upon what is important to you. It may seem counterintuitive that bringing attorneys into what is already an adversarial situation could actually make communication better, because usually when people retain an attorney for the purpose of filing a lawsuit based upon a dispute that they cannot resolve, it is viewed as taking the conflict between the parties to the next level.

In a divorce, the attorneys provide a sort of filter, or buffer, between the feuding parties. For example, if you wrote up a settlement offer and presented it to your spouse, he or she may reject it regardless of what it says, simply because it came from you. If that same exact offer was sent from the desk of your attorney to the desk of their attorney, and their attorney presented it to them as an option, they are much more likely to accept it. At the very least, they will read through it without tearing it up, and if it is not to their liking they will work with their attorney to present a counter offer.

A knowledgeable East Texas divorce attorney can help you to obtain the divorce settlement that you deserve, without the stress and expense of a trial. Schedule a free consultation with Longview divorce attorney Alex Tyra today, by calling (903) 753-7499, or visit our law firm website to submit an online contact form.

 

Property Division in Texas Divorce Cases

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If you are thinking about getting a divorce in Texas, or if you are already involved in a Texas divorce case, you may be wondering about how the court will divide your property in the event that you and your soon-to-be-former spouse are unable to reach a property settlement agreement. Texas is a community property state, and the guiding principle that Texas judges follow when dividing up the property in a couple’s community estate is that the distribution must be “just and right”.  As noble as that sounds, it is entirely possible that a “just and right” property distribution which is created by a judge, and not by the parties themselves, could leave one or both of the divorcing parties very dissatisfied with the outcome.

In a community property state like Texas, each of the debts or assets of a married couple can be placed into one of two categories, community property and separate property. Community property consists of all property that was acquired by either spouse during the marriage, as well as all debts that were incurred by either or both spouses during the marriage. Some assets or debts may be excluded from a couple’s community estate and regarded as separate property if they were received or incurred solely for the benefit of one spouse during the course of the marriage. Examples of situations in which property that appears to be a part of the community estate may instead be a part of one of the spouses’ separate estates are when one spouse inherits a sum of money from a family member, or when one spouse takes out a loan for equipment that they use for a business that they, alone, are involved in.

When a divorce case is decided by the court, the judge might order a ratio of distribution that is not a 50/50 split. Factors like disparate earning capacity or time spent at home caring for children can result in a property award that is 55/45 or even 60/40. Other factors that may weigh on the judge’s decision include the age and health of the parties, whether one party is at fault for the dissolution of the marriage, what kinds of assets comprise the community estate, the values of the separate estates, and child custody.

An East Texas divorce attorney can help you to get your divorce case moving in the direction of a property settlement by communicating with the other party’s attorney, if they have one.  Even if the other party does not have an attorney, your attorney can speak with them directly about how you would like to divide the marital property. This is often more effective than speaking with them yourself, because it creates distance between the two of you and makes for less of an emotionally-charged conversation than it would be if it were just the two of you. If your case goes to mediation, your attorney can represent you in that process as well.

An experienced Longview divorce attorney can also help you to understand and evaluate a property settlement offer which has been proposed by your soon-to-be-former spouse. Do not agree to any distribution of property until you are absolutely sure that it is in your best interest to do so. If you have any questions or concerns about how property will be divided in your divorce, or if you would like to learn more about property settlements in Texas divorce cases, schedule a free consultation with East Texas divorce attorney Alex Tyra. Call us today, at (903) 753-7499, or fill out the convenient online contact form which is located on our website.