At the end of your divorce case in Montgomery County you and your ex-spouse will have very specific parental rights and responsibilities spelled out in your divorce decree. Most parents end up being appointed as either a managing conservator or at least a possessory conservator of their child or children. What are your rights and duties as a conservator during the time when you are the parent in possession of the child or children? What are the rights and duties of your ex-spouse when he or she has possession of your child or children?
Unless limited by court order, each parent appointed as a conservator of a child has the following rights and duties during the time that the parent has possession of the child:
- The duty of Read more…
Where will your child live after the divorce?
During your marriage you both had a voice in determining where you and your child would live. One of the changes that accompanies every divorce in Montgomery County is that only one parent will have the exclusive right to determine the primary residence of your child after your divorce is final. This has the potential to be very disruptive to maintaining a relationship with your child and is something you should discuss with your Woodlands Divorce Lawyer.
What If You Are Joint Managing Conservators? Read more…
Today we will review the standard possession order as it applies when the possessory conservator resides more than 100 miles from the residence of the child. There are some significant differences from the possession order that is used if you are within 100 miles of the child’s residence so review it carefully with your Woodlands, TX Divorce Attorney before your Montgomery County Divorce is finalized.
If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows:
(1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend Read more…
When will you get to see your child?
When will your ex-spouse get to see your child?
These are very important questions for anybody going through divorce in Montgomery County, Texas. Whenever possible, your Woodlands Divorce Attorney will work to reach an agreement that you can be satisfied with. If your divorce attorney cannot negotiate an agreement with your ex-spouse then the final decision will likely be made by the divorce court judge. In those cases, the judge will be guided by the Standard Possession Order that lawmakers put in place as presumptively in the best interest of your child (whom they know nothing about).
For Parents Who Reside 100 Miles or Less Apart
(a) If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows: Read more…
Resources.
Before even trying to figure out what a parent can pay as child support in Montgomery County your Woodlands Divorce Attorney must establish the parent’s resources. There are many different resources that the Conroe divorce court considers when awarding child support. Today we are going to look at one specific type of asset – the structured settlement annuity.
Structured settlement annuities are used to settle personal injury claims. In many ways they behave like a normal annuity that you might buy from a bank, but is it a resource for child support?
Should the entire payment be included as a resource?
Should none of the payment be included as a resource?
Should part of the payment be included as a resource?
The appeals court recently ruled on a case where they had to decide Read more…
A lot changes in the relationship between a parent and child after a divorce in Montgomery County is final. As parents go through divorce they usually spend a lot of time sorting out parental issues. Either through agreement or a judge’s order these issues are generally a critical element of every divorce order where children are involved. There is a very wide variety in how a final divorce order will allocate these rights and duties, but there is a starting point we can take a look at.
Texas law provides that each parent appointed as a conservator of a child has certain rights. Each parent has these rights unless Read more…
If you are considering taking advantage of the benefits of the Collaborative Divorce process in The Woodlands it is important to understand the foundation for the process. After you and your spouse have decided to use collaborative divorce, you, your attorney, your spouse, and your spouse’s attorney will enter into a collaborative divorce agreement. The collaborative divorce agreement establishes an important framework for the process.
Texas law states a collaborative divorce agreement must include provisions for: Read more…
The end of a marriage can be difficult enough on its own. Often, the process of divorce only adds to the pain. You and your spouse may come to see each other as adversaries and the divorce court is the battleground while your lawyers trade shots at each other and your children suffer. You may experience feelings of confusion, anger, loss and conflict. Under these circumstances, you might find it difficult to see an end to divorce, much less imagine a hopeful future afterwards.
Collaborative divorce is a new concept to many families confronted with going through a divorce, but it has been creating successful resolutions to divorce cases for many years. Collaborative divorce may be appropriate where both spouses are committed to reaching an agreement outside of the courtroom and can communicate openly and honestly. If either spouse is determined to Read more…
Circumstances change as years go by, and if you are responsible for paying child support or are entitled to received child support you have the opportunity to modify the existing child support order in certain circumstances.
The divorce court may modify a child support order, including an order for health-care coverage, if
- the circumstances of the child or a person affected by the order have Read more…
A child support order in Montgomery County usually ends when the child reaches the age of 18. Families caring for a disabled child face special challenges and the law allows for child support to continue past the age of 18 in the case of a disabled child. In fact, a court can order child support indefinitely.
Does your child have to be in an institution?
No, a court can issue a support order regardless of if your child is at home or in a facility.
What is required to obtain child support for a disabled child?
Your divorce attorney in The Woodlands must prove to the court that your child requires substantial care and personal supervision because of a mental or physical disability and will not be capable of Read more…
