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Texas Custody Schedule Changed Due to School Absences

Originally published by Robert Epstein.

iStock-1252096710A parent’s behavior may affect their rights to access and possession of their child in a Texas custody case.  In a recent case, the trial court’s order provided that the schedule would change if the child had a certain number of unexcused absences or instances of tardiness while in the mother’s care.

According to the appeals court’s opinion, the trial court entered a custom possession order (CPO) as part of a modification order at the end of January 2020.  Pursuant to the CPO, the father had the right to possession of the child from Wednesday morning to Friday morning each week and from Friday morning to Monday morning every other weekend, and the parents alternated holidays and school breaks.  The CPO also provided that the mother’s possession schedule would change to the Standard Possession Schedule if the child had a total of any combination of five unexcused absences and “tardies” from school, as determined by the school, while in the mother’s possession.

Father Moves to Impose Standard Possession Order

The father moved to confirm and clarify the order and requested an injunction in April 2020.  He alleged the child had been tardy five days and absent two days during the fall semester of 2019.  He asked the court to confirm and clarify that the standard possession schedule was in effect and to grant an injunction.

 

He testified the child’s official school record showed the five tardy days and two unexcused absences and that the mother was responsible for getting the child to school on those days.  He presented a business records affidavit of the school’s records custodian dated January 30 and the child’s attendance records.  The records showed the child had four unexcused absences and five tardy days, including the specific days identified by the father.  He also testified that his attorney had attempted to resolve the issue without going to court.

The mother presented a business records affidavit dated June 16.  The attached records did not show the child was tardy on three of the dates on which he was shown tardy in the records introduced by the father.

The child’s kindergarten teacher testified she would rely on the records dated June 16.  She testified children are sometimes sent to the office when they arrive late, and that she and the office personnel can both input tardies.  She also testified that the system she uses and the system used by the office are different and that the two sets of records were from two different systems.

The mother testified she did not know if she was responsible for getting the child to school on three of the dates, which were on the days the parents alternated possession.

The trial court ordered the parties to use the standard possession and access schedule and awarded the father attorney fees.

Mother Appeals Trial Court’s Confirmation of Standard Possession Order

The mother appealed, arguing the trial court abused its discretion because it did not have sufficient evidence to support the order.  She argued the kindergarten teacher was an expert, and the trial court should have relied on the June records because the teacher testified she would rely on them and because they were more recent.

The appeals court noted the trial court had recognized the teacher as an expert in teaching, but not in education administration.  She had testified she was unfamiliar with generation and interpretation of school attendance records.  Although she acknowledged the discrepancy in the records, she could not explain it.  The appeals court further noted the trial court could have found she would rely on the June records because she was familiar with that report and not the one the father submitted.  The trial court had the discretion to discount her testimony.

Appellate Court Finds that Trial Court Properly Considered Conflicting Evidence

The appeals court noted that the trial court could also have found the January attendance records were more reliable than the June attendance records.  The June records contained a summary of absences and tardiness on a single page, which the appeals court noted was blurry and hard to read.  The January records included a “detailed accounting of the daily reports of attendance, absences, and tardies. . .”

Additionally, the court could have believed the father’s testimony that the mother was responsible for getting the child to school on the identified tardy and absent days.  The mother had admitted she was responsible on some of the days and did not remember who was responsible on the other days.

The appeals court found the trial court did not abuse its discretion in deciding to apply the standard schedule because there was substantial and probative evidence supporting it.

The appeals court found there was insufficient evidence supporting the award of attorney fees and remanded the case to the trial court on that issue, but otherwise affirmed the trial court’s order.

Walk into Court Prepared: Call McClure Law Group Today

A significant issue in this case is the conflicting evidence presented by the parties. Although the mother presented a witness to testify about the records, that witness was unable to explain the discrepancy.  If you are experiencing a custody dispute, a skilled Texas custody attorney can work with you to identify the evidence to best support your case.  Please contact McClure Law Group at 214.692.8200 to set up a consultation.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



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custody during coronavirus: Sad woman doctor leaning against a wall

Mom Loses Custody During Coronavirus Pandemic 

custody during coronavirus: Sad woman doctor leaning against a wall

 

Coronavirus is presenting a new set of challenges to parents who are frontline healthcare workers, and a recent court ruling in Miami has caused one mom in particular to lose custody of her four-year-old daughter due to her job as an emergency room doctor.

Mom Loses Custody During Coronavirus Pandemic

The doctor, Theresa Greene, previously shared custody with her ex husband, Eric Greene, for two years.

“I think it’s not fair, it’s cruel to ask me to choose between my child and the oath I took as a physician,” Greene told CNN. “I won’t abandon my team at work or the patients who will increasingly look to me to save their lives in the coming weeks, but it’s torture.”

The judge responsible for the ruling, Judge Bernard Shapiro of the Eleventh Judicial Circuit of Florida, states that it is in the child’s best interests to stay with the father to reduce the risk of exposure to the virus:

“The Court finds in order to insure and protect the best interests and health of the minor child, this Order must be entered on a temporary basis,” the ruling states.

How Will Custody During Coronavirus Affect Other Workers?

While some frontline healthcare workers like Greene have to face new challenges brought on by child custody issues, she states that employees in other fields aren’t facing the same fate:

“My brother works as an engineer, and he’s building the tent hospitals up in New York. He gets to come home to his two kids. No one is questioning that decision,” Greene told CNN.

Greene says that she has been wearing full PPE (personal protective equipment) while treating her patients, and states that healthcare workers who take the proper precautions are not at risk of spreading the virus.

“If I was married I’d be given the opportunity to go home to my child, no one could tell me I shouldn’t do that,” Greene says.

Custody Issues During COVID-19

COVID-19 has led to increased issues related to child custody, including refusal of visitation orders, changes to custody orders, and temporary rulings. As new stay-at-home orders and lockdown procedures are set in place, many parents fear that their custody agreements may be affected.

Child custody is determined by a number of factors – the child’s best interest being the most paramount. That being said, child custody orders don’t take the events that occur during a global pandemic into account. 

Parents and family law professionals alike are entering uncharted territory when it comes to child custody and visitation agreements.

Greene is appealing the order and will be eligible for future make-up time-sharing as well as video calls every day, but the question remains: when will she be able to see her daughter again? 

As a mom, do you agree with a custody agreement being modified to protect a child from exposure to coronavirus? What would you do if you lost custody of your child because of your job? 

If you’re a mom going through custody issues or trying to co-parent during these difficult times, there are resources you can seek. Although family courts are closed, check your court’s local website or consult with a family lawyer to find out what your options are. For more information on COVID-19 and divorce, click here.

The post Mom Loses Custody During Coronavirus Pandemic  appeared first on Divorced Moms.

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What goes into an award of spousal support here in Texas?

Have you given notice of your summer custody plans?

Originally published by On behalf of Laura Dale.

It’s not too early to be thinking about summer and your plans with the children. You may have a trip in mind, visits to distant relatives or other arrangements to make. Don’t be too quick to make reservations and travel plans if you share custody of the children with their other parent. There are certain steps you must take before changing your possession order.

Creating a workable plan for possession of and access to children is often one of the most difficult parts of a marital breakup. Unfortunately, life is not predictable, and it is sometimes necessary to adjust the schedule. Your summer plans may present unusual circumstances that interfere with your co-parent’s scheduled time with the kids. April is the ideal time to make important decisions about those temporary summer changes in your parenting plan.

What do summer possession plans look like?

You may be among the fortunate parents who worked together to create a unique plan to accommodate the special circumstances in your family. On the other hand, if you and your former partner were unable to reach an agreement, the court probably stepped in an issued a standard possession order. Typically, this alternates special holidays on even and odd years and allows the non-custodial parent to have possession of the children during the month of July.

However, what if your plans for summer fall outside of the weeks between July 1 and July 31? If you want the children at some other time over the summer, you must notify your parenting partner as early as possible in April. The other parent also has the right to be with the children for one weekend during your extended possession. Scheduling your summer plans right now makes it easier for both you and the other parent to arrange dates that will suit everyone.

Fighting for your rights this summer

Departing from your possession order is not always easy, especially if your parenting partner is not willing to cooperate. However, you have rights as a parent, and in most cases, Texas family courts support your right to access to your child.

If you are fighting to extend your standard possession of the children over the summer, you may find the effort frustrating. You may benefit from learning more about your rights and obtaining the strong and compassionate advocacy of a Texas attorney who will assist you in reaching your goals.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



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co-parenting during COVID-19

Coronavirus and child custody: Co-parenting during the pandemic

co-parenting during COVID-19

As a parent, you want to spend as much time with your children as humanly possible. You want to watch them learn and grow, as the years pass. Even after a divorce, you still are able to enjoy precious moments with them during your parenting time.

However, with the Coronavirus Disease (COVID-19) pandemic that has swept the country, your parenting time may become part of the uncertainty.

While you want to maintain the World Health Organization recommendations regarding social distancing, hygiene, and sanitation, you still should be able to observe regular parenting time during this difficult time. However, your co-parent may be making that more difficult.

From a safety standpoint, it is understandable that your
co-parent is concerned over the prospect that your shared children may catch
the virus, or that you may while they are in your care. Additionally, many
areas of the country have shelter-in-place orders that prevent unnecessary
travel.

However, that does not extend to child custody drop-offs or
pick-ups.

Issues with shelter-in-place
and custody travel

According to Cordell & Cordell family law attorney Charles Hatley, residents are required to stay indoors except to perform certain necessary activities. These activities include buying food, seeking medical treatment, banking, and laundromat services. This also includes any travel necessary to enforce a court order and for purposes of caring for a child or family member.

Therefore, the shelter-in-place orders, or stay-at-home
orders, do not impact your right to parenting time, whether there is actually a
custody and parenting time order. However, that does not mean the other parent
will not misconstrue or try to abuse these orders in an attempt to block your
access to your child.

You may be like many parents during this coronavirus crisis who
are being forced to miss scheduled parenting time because of a co-parent who
feels honoring the court order is unsafe.

Facing parenting
time denial

During a recent webinar, Cordell & Cordell CEO, Executive/Managing Partner Scott Trout and Partner Dan Cuneo discussed how the coronavirus has been impacting regularly scheduled parenting time, and they spoke about the challenges that fathers have been facing as they deal with the ramifications of existing and legally-binding custody schedules no longer being upheld.

“If you are being denied time, there still may be remedies
available to you,” Mr. Cuneo said. “We want you to reach out and contact an
attorney and discuss what are your options, what do we need to do. It could
depend upon the jurisdiction that you’re in. There are essential remedies
available to you, and we want to make sure that you’re not being taken
advantage of and that you’re not sitting back and missing out on time.”

Additionally, this webinar detailed how this type of situation is being handled in several areas of the country. For example, in California, where the shelter-in-place order has been in effect since March 19, family courts are emphasizing the use of common sense, according to Cordell & Cordell Lead Litigator Jason Hopper.

“The standing order from almost all of our courts are that
the existing orders are to be followed,” Mr. Hopper said. “Parenting time and
is deemed essential travel. It’s not within the confines of the shelter in
place rules.”

Filing with family
court still possible

While there may be logistical issues involved in the family
court process during this shutdown associated with the coronavirus pandemic, you
and your family law attorney still are able to file in your state.

“In-person court is banned, so if you have a case, where you are supposed to be seeing your children and your ex-wife has cut you off, we can’t run full throttle into court to file anything and get in front of a judge immediately,” said Cordell & Cordell Litigation Partner Kristin Zurek. “But our courts are still open for filings, so it’s important to know that if something is going on and you want to bring it to the judge’s attention, go talk to your lawyer. You have the ability to upload pleadings to the court.”

While the court may be receiving filings, you may need more,
in order to incite action from the family courts under these circumstances. You
may need to illustrate that this is an emergency situation.

“The judge’s determination needs to be whether or not this
is an emergency that requires a phone conference or a video conference to deal
with it or if it’s something that’s going to have to wait until court reopens,”
Ms. Zurek said.

While the courts may find that the situation is not deemed
to be an emergency, it still is worthwhile to file, offering the court
documented evidence of how much you care about your children.

“It’s still important to get that on file as soon as possible, because you don’t want strategically, the court saying when court is back in session ‘Well, you must have not thought it was that important, because you didn’t file anything,’” said Cordell & Cordell Litigation Partner Kelly Burris. “It’s important to get things on file and see what options you have.”

Child support
challenges

Additionally, issues surrounding child support may arise
during the coronavirus pandemic that may require legal attention. Much of the
population is experiencing financial hardship, and many are expected to lose
their employment. If you do lose your job or find yourself with some sort of
wage reduction, how will you support your children and pay the court-ordered
child support during this challenging time?

“If you are facing a job loss or a wage reduction, one of
the first, most practical things you can do without involving an attorney is to
approach your employer and ask if they will be providing any qualified disaster
relief payments,” Mr. Hopper said. “Typically, when an employer provides any
type of compensation or benefit to an employee, that’s going to be a taxable
event. However, there are provisions within federal code and Internal Revenue
code, as well as in many states’ revenue codes that allow for employers to
provide to employees when there is a disaster declaration, like there is
currently nationwide, qualified disaster relief payments.”

While this may partially assist your financial situation,
you still must deal with the child support order itself. Given the
circumstance, seeking legal assistance may be the only way of navigating these
complex waters and avoiding the piling up of payments that you can no longer
afford.

“Consult with an attorney,” Mr. Hopper said. “You likely
have modification rights available to you.”

If you do not pursue modification, the child support
payments do not go away, just because you no longer have a job or because of
the coronavirus pandemic. You still can find yourself facing hefty child
support payments that if ignored, can become overwhelming, especially with your
children caught in the crossfires.

“You have to file your modification immediately,” said Cordell & Cordell Litigation Partner Rick Julius. “If things change and you don’t find it to be financially beneficial to you once the courts get open, you at least, have that decision down the road. Pennsylvania courts [Mr. Julius’ licensed state] are only going to go back as that modification filing date, in order to do that. It may end up that when it gets heard, that the financial situation has corrected itself and you may be entitled to retroactive modification of that time period.”

Parent, co-parent,
and monitor the situation

With all of the health and economic uncertainty caused by
the coronavirus pandemic, it is necessary for you to learn as much as possible
regarding your state’s family court system and how they handle emergency
situations. That way, if you find yourself facing unemployment with a large
monthly child support payment, or a co-parent who refuses to adhere to the
parenting time issued by the court, you know how to react.

It also is important to understand the perspective of your
children during this pandemic. They may be confused or scared, and as a parent,
it is necessary for you to take time for them, explaining to them the situation
in terms that they understand and monitor their wellness as much as possible.

If it is possible to remain amicable with your co-parent
during this time, do so. Communication and cooperation are necessary components
to co-parenting during normal situations, but with the coronavirus pandemic, it
becomes even more crucial that you put the needs of your children first, before
any animosity.

While this may be an instance of uncertainty, it is necessary for you to monitor the situation from a legal perspective and contact your family law attorney if you feel that changes need to be made.

Related coronavirus coverage:

Free Webinar: Can the Coronavirus Affect Custodial Rights? How Divorces and Parenting Time May Be Impacted

Can I make up lost parenting time due to the COVID-19 pandemic?

Does a Shelter-in-Place Order Limit my Right to Parenting Time?

The post Coronavirus and child custody: Co-parenting during the pandemic appeared first on Dads Divorce.

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Shared Custody In The Midst Of Coronavirus

When It Comes To Joint Custody In The Midst Of Coronavirus Be ‘Flexible’

Shared Custody In The Midst Of Coronavirus

 

Tensions have never run higher when it comes to contentious relations between divorced parents with joint custody because many are now arguing about where the children would be most safe in order to ensure their safety.

While the “physical custody” parent may insist the child(ren) should remain with him/her while the country waits out the dangers of Covid-19, that may prove to be narrow thinking because it is possible that the residence where the child(ren) lives most often could be the home that leaves the child(ren) most susceptible to contracting or transmitting the disease.

Couple that with the reality that most courts are temporarily shutting down, squabbles and all-out divorce wars, are escalating with little or no intervention from the court system, unless the argument rises to the level of domestic violence.

With that in mind, my plea (and others in my field of family law) is to be flexible with your ex.

Shared Custody In The Midst Of Coronavirus

The following are some tips to help divorced parents weather this uncertain crisis:

  1. If you and your ex can’t agree on a new temporary arrangement, ask for intervention from your attorney, therapist, clergy or trusted advisor. The courts may not be available for seeking a remedy for a significant amount of time. Only in highly critical situations will the courts get involved.
  2. As you formulate your side of the argument with your ex, take a pause and remember that what is best for your child(ren) at this time must be your number one priority.
  3. Start any conversations with a new mindset: the intention of being flexible about changing the routine from that which you have been used to.
  4. Be practical in your decision making. For instance, if you have physical custody, and your ex lives alone where he/she can easily isolate your child(ren) from exposure to others, might it be prudent to agree to leave the (child)ren in the care of that parent for this period of time?
  5. When creating any new schedule, make certain the kid(s) aren’t subject to “subtle parental alienation.” Make sure you facilitate both verbal and visual communication. Fortunately, today, we have social media platforms; we have Facebook, Zoom, Join.me, Skype, group texts, and smartphone communication like Facetime. Instagram provides near real-time sharing of photos. This is yet another way for the “self-distancing” parent to keep in touch with their child(ren) throughout the day and evening. There are apps for many face-to-face communication opportunities. Download them now. That way you can connect your child(ren) 24/7, being careful not to disturb the other parent at inappropriate times.
  6. Address the trauma your child(ren) are experiencing. Does he/she/they need immediate therapy as they try to face their fear and uncertainty? If so, reach out. Get help.
  7. Both parents need to work together to keep the child(ren’s) schedule(s) as regular as possible based on what they have been used to.
  8. Lastly, engender a peaceful vibe in front of your child(ren), especially in the presence of your ex. The current situation is stressful enough without adding more tension to the situation. Circling back to my core message in this article: Be flexible!

The post When It Comes To Joint Custody In The Midst Of Coronavirus Be ‘Flexible’ appeared first on Divorced Moms.

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common mistakes in child custody cases

5 Common Mistakes Made In Child Custody Cases

common mistakes in child custody cases

 

Getting a divorce can be a taxing and tenuous task for all parties involved but can be even more so when your child is involved. When the couple split up in a divorce with a child, the issue of child custody comes up.

Child custody cases resolve who will take care, custody, and control of the child. This can be assigned to one or both parents. A parent with custody of a child takes care of their upbringing, education, place of living, and even scheduling time with the other parent if necessary.

However, no matter how your divorce case plays out, there are many mistakes you can make that can affect your custody case over your child. If you are dealing with a divorce or custody case and need a divorce lawyer, contact us at Simonetti & Associates to help represent you.

Common Mistakes in Custody Cases:

When in a custody case, you would want to do everything you can to achieve a favorable outcome. However, there are some mistakes that you can make that will sabotage your chances of a good outcome from your child custody case.

If you are looking for quality representation to help you in your custody case, finding the right divorce lawyer can make or break your case. Some critical mistakes made in custody cases include:

  • Getting too emotional– Losing your cool, yelling, threatening, or any other signs of violence can be used in the case against you and ruin custody rights you may have been able to get otherwise.
  • Abusing Social Media– Openly criticizing your spouse or bad-mouthing them on social media platforms will reflect poorly on yourself, and can be used against your case in court.
  • Forgetting to put your child first– The court will always prioritize what is best for the child over everything else, and you should do the same. Even if you do not like the other parent, if it would be best for your child to get some time with them then you should consider the options. Or if you want to move to another area, but doing so would harm the child’s life in some way, you may want to reconsider.
  • Manipulating the child– manipulating your children against the other parent will only make it more difficult for them to cope with the situation, which will impact your chances of a beneficial custody case.
  • Not working with a former spouse where you can– Divorces aren’t always easy or pleasant, but outright refusing to work with a spouse can reflect negatively on your abilities as a parent. No matter how you feel about your former spouse, you should try to be open about working with them to create the best possible solution for your child.

Why a Divorce Lawyer Can Help

Divorce cases can become complicated and emotional and can be very taxing on your day to day life while in one. But to get favorable custody, you should try to be calm, reasonable, and responsible. Working to assure the best possible future for your child is the goal of custody court, and should be yours as well.

A divorce is never an easy circumstance to face in life. Not only are you parting ways with someone who you once loved deeply, but you must face an assortment of issues that go along with divorce, such as custody battles.

During this deeply stressful time, it can be difficult to make important decisions with a clear head. That is why the help of a divorce lawyer is critical in helping you win your case and facilitate all important matters regarding your divorce. Take the time to find the best representation for your case so that you can walk away knowing that you did everything you could to reach a proper settlement.

The post 5 Common Mistakes Made In Child Custody Cases appeared first on Divorced Moms.

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TEXAS DECLARES WAR ON FATHERS: THE TESTIMONY OF DEMARCUS DAVIS



This powerful and shocking testimony by Demarcus Davis in Houston, Texas, should be watched by every mother, father, …

source

mothers have an advantage in custody disputes

Do Mothers Have an Advantage in Custody Disputes?

mothers have an advantage in custody disputes

 

If you are going through a divorce, a primary concern is often your children and your child custody arrangements. It’s difficult for any parent to contemplate not having their children living with them all of the time, but it can be even more difficult for mothers who have a close bond with their children.

If you and your husband cannot come to custody terms that you both can sign off on, the court will need to decide the matter for you. While many people think that mothers have a natural advantage in such disputes, the truth is far more complicated. Understanding the basics related to child custody can help you navigate the process while standing up for your own parental rights.

Legal Custody

Custody is divided into two major concerns that include physical custody (related to with whom the children reside at any given time) and legal custody. It’s important to recognize that in the vast majority of divorces, both parents share legal custody, which refers to a parent’s rights to make important decisions on behalf of their children. These decisions include:

  • Matters related to your children’s health and well-being, such as medical care
  • Matters related to your children’s education
  • Matters related to your children’s religious upbringing

These are fundamental issues that shape your children’s lives, and it’s very likely that you and your divorced spouse will continue to make these important decisions together, although one parent is sometimes given tie-breaking authority.

Physical Custody

Physical custody relates to with whom your children reside primarily and to their visitation schedule with the other parent. While many people believe that mothers have an advantage when it comes to physical custody, this really isn’t an accurate assessment in many cases.

Do Mothers Have an Advantage in Custody Disputes?

The Court’s Stance

If you and your divorcing spouse cannot come to mutually acceptable terms regarding your children’s custody arrangements, the court will intervene and make a determination of how you will split custody rights.

The court will always favor what is in the best interest of your children, but this is obviously open to interpretation, and it’s important to remember that the court has considerable discretion in the matter. You obviously know your children in a way that the judge never can, and you know what’s best for them.

Courts often favor the status quo when making child custody decisions. In other words, if the mother has been the primary caregiver and she and the children are living in the family home while the case is pending, the judge may be hesitant to upset the balance and may be more inclined to award the mother primary custody.

This is generally more a function of how things are commonly arranged than it is a function of favoring the mother or of the mother having an advantage in the matter.

The Considerations at Hand

In determining child custody arrangements, the court is guided by the children’s best interests, but in the process, it takes a wide range of variables into consideration, including:

  • The emotional connections between each parent and the children
  • Each parent’s ability to provide the children with a loving home and a healthy life
  • Any criminal history
  • Any history of domestic abuse – either physical, emotional, or sexual
  • Any substance abuse issues
  • Any pertinent parental considerations that could affect the decision, such as age or disability
  • The location of each parent’s residence (who lives closer to the children’s school, for example)

None of these issues are gender-specific and, as such, the court’s decision cannot favor the mother. Many mothers, however, are already providing primary custodial care, and courts are not fond of dramatically disrupting children’s lives when they’re already going through the emotional challenge of divorce. After all, divorce is hard on everyone, but children are especially vulnerable.

Your Children’s Voices

Many parents wonder if their children’s preferences will guide – or should guide – the court’s custody decisions. The fact is that many judges will speak to your children privately (especially older children) and will take their preferences into careful consideration, but the decision is simply not up to your children.

The court is making determinations related to your children’s custody exactly because they are children who need custodial care. When your children are adults, they’ll make their own important decisions, but for now, those decisions must be made for them. Your children’s voices, nevertheless, may help guide the court’s ruling.

Reaching a Resolution

If you’re going through a divorce, emotions are inevitably running high. The stress and heartache of divorce leave many couples unable to reach mutually agreeable terms on many important issues. Both of you, however, naturally put your children first, and if you can find a way to hammer out custody arrangements that you can both live with, the court and its considerable discretion won’t need to be involved in the process.

Reaching a compromise with your children’s father can come in many forms. If you aren’t able to work together personally (which isn’t uncommon), your attorneys can attempt to negotiate an arrangement, and you can also address the issue via mediation – with the legal guidance of your respective divorce attorneys.

The post Do Mothers Have an Advantage in Custody Disputes? appeared first on Divorced Moms.

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Child Custody Attorney

Child Custody in Texas: Who Can Claim a Child on Their Taxes?

Originally published by stark.

Child Custody AttorneyFollowing a divorce or separation, parents need to determine who will claim their children on their taxes. As the Internal Revenue Service (IRS) explains, only one parent can claim a child on their taxes. If both parents try to claim a child, it will cause problems. In this article, our Texas child custody lawyers explain the most important things separated parents need to know about the rules for who can claim a child.

The Parent Who Has Primary Physical Custody Has the Right to Claim the Child

Under IRS rules, the parent who has primary custody of a child has the first right to claim that child on their tax return. For example, if your child spends 75 percent of their time with you and 25 percent of their time with the other parent, then you have the right to claim your child on your taxes. When primary custody is clear, there is little dispute over who has the right to claim the child.

Tiebreaker: Parent with Higher Income Should Claim the Child

In some cases, parents have a genuine 50-50 custody arrangement in place. The IRS has developed a basic tiebreaker rule to deal with this: The parent who has a higher income for the tax year in question should claim the child. Often, the parent with the higher income will gain a larger tax benefit from claiming a child. This can free up some extra money in tax savings, which can be used to support the family as a whole.                                                                

It May Be Financially Advantageous to Allow the Non-Custodial Parent to Claim a Child

To be clear, a parent with primary custody does not necessarily have to claim their child on their taxes. In some cases, it will be advantageous for both parties to have the non-custodial parent claim the kids. For example, if the custodial parent has relatively little taxable income — at least in comparison to the non-custodial parent — they may not be able to fully utilize the benefits of child tax deduction and child tax credits.

In this situation, both parents can attach Form 8332 to their tax return. By doing so, they will be able to seamlessly allow the non-custodial parent to claim the child. Transferring the right to claim a child will sometimes free up some additional tax savings — which can be split between the parties or used to directly support the child. You do not want to leave money on the table: Make sure you and your former spouse/partner are using tax child deductions/credits in the most effective manner.

Get Help from Our Texas Family Lawyers Today

At Orsinger, Nelson, Downing and Anderson, LLP, our Texas family law attorneys are committed to protecting the financial interests of our clients. Our lawyers are consistently ranked among the best divorce and custody attorneys in the state. To arrange a strictly confidential initial consultation, please contact our legal team at (214) 273-2400. With offices in Dallas, Frisco, Fort Worth, and San Antonio, our family law practice serves clients throughout Texas.

The post Child Custody in Texas: Who Can Claim a Child on Their Taxes? appeared first on ONDA Family Law.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.

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Custody Issues that Can Arise during the Holidays

3 Custody Issues That Can Arise During the Holidays

Custody Issues that Can Arise during the Holidays

 

For many people, the holiday season is a time to relax, spend time with friends and family, and engage in various religious or secular traditions. If you are a mother that shares custody of her children with their father, however, it is important that you consider the fact that the holidays can present a virtual minefield of custody issues that can be difficult to navigate.

Fortunately, by recognizing these issues and planning ahead, you can usually avoid them and have a holiday season free from any conflicts or fights related to child custody and parenting time.

Here are some of the most common issues that mothers who share custody should consider as the holidays approach.

3 Custody Issues that Can Arise During the Holidays

1. Not Having a Plan

One of the worst things you can do as the holiday’s approach is failing to make a plan as to how the kids will spend them. This is a recipe for disaster and a ruined holiday season. If your current custody order does not specify how custody is to be divided over the holidays, you should address the matter immediately, either informally or by requesting a modification to the order.

Some of your options include assigning fixed holidays to each parent (for example, you get Thanksgiving and their dad gets Christmas), alternating holidays, or splitting a holiday in half. The arrangement that works best for you will depend largely on the specifics of your living arrangements and the things most important to you.

2. Traveling Out of State

If you are considering traveling out of state this holiday season to see friends or family, it’s critical that you ensure that you check the terms of your custody arrangement prior to making firm plans. In some cases, your child custody arrangement may require you to obtain permission from your kids’ father in order to travel out of state – but it also may not.

Even if your child custody order does not require you to obtain their father’s permission to travel out of state, it’s not a bad idea to discuss the matter with him anyhow. First of all, it’s a show of good faith that you are willing to engage in open communication and co-parenting; secondly, it can work in your favor should a dispute arise in the future.

3. Unusual Custody Schedules During Winter Break

Unfortunately, an existing holiday custody schedule does not always make things go smoothly during this often hectic time of year. First of all, a departure from normal schedules can be hard on children, so it’s important to keep them aware of what’s going on and why. Furthermore, there are often logistical issues regarding holiday custody schedules.

For example, if your arrangements involve your children spending more consecutive nights with their father than they normally do, make sure that you pack enough clothes and discuss any issues that may arise with their other parent. Similarly, your normal schedule for dropping off or picking up the kids may not work because of holiday commitments, so make sure that these potential problems are discussed ahead of time.

Avoiding Custody Issues Now and in the Future

Fortunately, these and other issues related to child custody can usually be avoided with some simple planning and communication. If you and your child’s father have an amicable relationship and are able to talk, it’s not a bad idea to try and work out a holiday custody schedule yourself. In the event that your relationship is not so good, it may be necessary to petition the court to modify your custody schedule and assign holidays to each of you. In either case, it’s highly advisable to discuss your custody goals with a family law attorney in your jurisdiction.

Making New Traditions

One regular concern for mothers – especially those who are newly divorced – is how to maintain the family’s regular traditions for the holidays. The reality is that you might not be able to keep all of the same traditions, but the good news is that you can make new traditions with your children.

While you might normally have a special breakfast you make for Christmas morning after your kid’s open presents, you might be switching off Christmas morning with your ex-spouse. This means that you might miss the morning tradition, but maybe you can make a new special-breakfast-for dinner tradition for Christmas Eve.

That being said, if you have a special tradition with your family that your ex-spouse does not have with his family, you might want to negotiate to ensure you can continue that tradition since it means more to you.

Find Support with Family and Friends

No matter how well you plan ahead for custody issues, the holidays can still be difficult when you are not always with your children. It can be difficult to adjust, so you want to make sure that you have the support you need emotionally. When you do this, you can ensure you are in the best possible position to celebrate the holidays when your children are with you. If you need to adjust custody for the future, never hesitate to seek legal support from a trusted attorney, as well.

The post 3 Custody Issues That Can Arise During the Holidays appeared first on Divorced Moms.

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