Posted on September 11,2024 in Child Custody

Some people find the person they want to spend the rest of their lives with, get married, have children, raise a family, and live happily ever after. But many people do not. If a man and woman conceive a baby without being in a committed relationship, the woman might not even tell the man that he is a father. If she does, he might not acknowledge having any responsibility for the child. 

If your daughter struggles with mental health issues or addictions and is not able to take care of herself properly and then gets pregnant without a spouse or boyfriend around, you might feel concerned for the health and safety of that baby. If you want conservatorship over your grandchild, speak with an experienced Collin County, TX family law attorney to understand your options.

When Can I Get Temporary Guardianship Over My Grandchildren?

Your grandchild’s parents can sign something called a Minor Child Power of Attorney if they acknowledge that they are unable to raise your grandchild, at least temporarily. This power of attorney would award you temporary guardianship, which means you get decision-making power for matters that impact your grandchild’s care and upbringing. 

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 Posted on August 26,2024 in Child Custody

When parents with minor children divorce, they need to establish a child custody agreement that addresses how much and when each will have parenting time with their child. The goal of the plan — and the court — is to have a custody plan that is in the best interest of the child.

While every family may have their own unique needs and there is no "standard" plan to follow, military parents may face especially unique issues because of their deployments. If you are a servicemember involved in a custody case, make sure you have a seasoned Texas family lawyer advocating for your parental rights.

The Impact of Military Deployment

A servicemember may be deployed several states away, across the country, or even across the world. The average military deployment can be anywhere between six to 12 months long, which can be difficult for both the parent and the child. Although Texas does have its own child custody statute that the courts must follow, military parents are also afforded protection under certain federal statutes.

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 Posted on August 12,2024 in Family Law

As parents of underage children, so much of our identity is often tied up in our children and how we parent them, especially after a divorce or separation. Finding out that you are being investigated by Texas Child Protective Services (CPS) can be frightening, intimidating, and deeply insulting, especially if you believe the allegations are false.

Even though it may feel as though the system is fighting against you and you do not stand a chance, this is not true. CPS has limits to its power and with the help of an experienced Texas CPS investigation attorney on your side, you may be surprised by how effective it can be to fight back. Read this blog to learn more and then contact Pfister Family Law today. We have a history of successfully fighting CPS and we will fight for you, too.

What Is CPS Allowed to Do?

Even though CPS’s authority to take action can seem extreme, especially in cases where CPS believes a child’s safety or well-being is imminently threatened, there are certain things CPS can and cannot do.

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 Posted on July 25,2024 in Child Custody

Divorce can be challenging, but divorce involving a military spouse can be even more so. People who are on active duty are entitled to certain benefits and protections — financial and otherwise — that can affect the divorce process. Before going into divorce, it is important to understand how your spouse’s military status may impact the proceedings.

This article will discuss three things you should consider when divorcing a spouse in the military. Keep in mind, however, that this is not a comprehensive list and you should consult a Texas military divorce attorney if you are considering a military divorce.

Service of Process

The divorce process starts when you file an Original Petition for Divorce with the county clerk and serve a copy to your spouse, called service of process. Normally, you would serve your spouse the papers either via certified mail, the sheriff’s office, or a process server. 

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 Posted on July 04,2024 in Divorce

Except for family law attorneys, most people have misconceptions about divorce. Even those who have been through divorce themselves only know the process as it pertains to their particular circumstances. Your newly single friend, for example, may warn you that you will "lose everything" in the divorce. However, just because that happened to him does not mean it will happen to you. 

Not only is everyone different, but divorce laws also vary from state to state. It is understandable, therefore, why there are so many misunderstandings and myths about divorce. 

This article will discuss three of those myths. As always, it is best to seek a Texas divorce lawyer’s guidance regarding any questions you have about divorce.

Myth #1: Property Is Divided Equally

Many people are under the impression that when spouses get divorced, they split the community property in half. Community property is what Texas law calls assets that belong to both parties. Usually, these are possessions that were acquired by either spouse during the marriage.

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 Posted on June 22,2024 in Divorce

Student loans are becoming an increasingly hot-button issue in the United States. Around 43 million American taxpayers — or about 13 percent of the population —  collectively owe approximately $1.74 trillion in student debt. The average household owes an estimated $55,347 in student loans, though the number fluctuates depending on the degree and institution.

People who get divorced often want to know what will happen to their student debt. After all, community property — possessions that either spouse acquires during the marriage — is divided in a divorce. Is debt also divided? And if so, how?

The short answer is that community debt is divided in a divorce. To find out how your specific debt will be affected, consult a Texas community debt attorney.

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 Posted on June 06,2024 in Divorce

Divorce in Texas is not easy, but it also does not have to be incredibly difficult. There are several factors that determine how complex your divorce will be, including:

• How many issues you and your spouse disagree on

• The amount of wealth to be divided between you and your spouse

• Disputes about child custody

One of the biggest things that determines the difficulty of your divorce, however, is your divorce lawyer. A great attorney will make the divorce process as smooth as possible and defend your interests in all issues. A bad attorney, on the other hand, can turn even a simple divorce into a nightmare.

Here are five signs that you might need to hire a new Texas divorce lawyer.

Lagging Communication

The divorce process is not quick, especially if it is contested. Legal procedures take time. But your attorney should still be getting back to you in a timely fashion. If you find that your questions to your lawyer are going unanswered for weeks, or if he or she is taking days to confirm receiving documents from you, it might be time to look for a new attorney.

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 Posted on May 26,2024 in Divorce

Anyone who wants to get divorced in Texas must follow a strict legal process. After contacting a divorce attorney, the first step of that process is filing for divorce. This means that the petitioner — the spouse filing for divorce — fills out and signs a Petition for Divorce, which is submitted to the court clerk. A copy of that petition is served to the other spouse, called the respondent.

The respondent is usually required to respond to the petition by 10 AM on the first Monday after 20 days have passed. If he or she fails to meet that deadline, the petitioner may get a default judgment from the court.

This article will discuss what a default judgment is and what happens if a default judgment is granted.

What Is a Default Judgment?

A default judgment means that the court will proceed with the divorce case without the respondent. If there is no respondent, there is no opposition. Therefore, the judge is likely to grant the wishes of the petitioner in many of the issues that come up during divorce, such as:

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 Posted on May 08,2024 in Divorce

Divorces are often thought of as bitter, hostile, emotionally taxing procedures, and for good reason. Few divorces in Texas are uncontested, which means that the parties agree on all divorce-related issues. Most of them are contested and spouses clash on important issues.

There are ways, however, to prepare for a divorce that can make the process smoother. Your attorney will be able to guide you through divorce preparation and what to expect.

Here are five ways to prepare for a Texas divorce.

Talk to Your Family

Once you know your marriage will be ending, sit down with your family members and gently break the news to them. While it is not an easy conversation — especially when you discuss it with your children — it is important for several reasons:

• Your children need time to process the news of your divorce. The earlier you tell them, the more time they will have to adjust.

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 Posted on April 24,2024 in Divorce

Social media is often used to connect with friends and family. Some people even conduct their entire social lives online. So, when a life-changing event like divorce happens, it is natural to take to the keyboard and broadcast your feelings. You may even be eager to move on and want to start posting about your new single life.

But there is reason to be cautious when you post on social media during your divorce. If you are going through a contested divorce — where you and your spouse do not agree on all issues — your social media posts can work against you in some cases.

This article will discuss some of those cases. It is important to consult with a qualified Texas divorce attorney if you have any doubts about what you are posting on social media.

Child Custody

Texas law views child custody issues through the lens of the child’s best interest. So, if you and your spouse are fighting over child custody in court, a judge is going to look at several factors such as:

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