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The responsibility of legal custody is great. If you are given legal custody, you will be responsible for making all of the decisions, such as health care, school, travel, and more, for your child, according to Texas law. Because of this responsibility, it is imperative to prove to the court that you have your child’s best interest at heart. As a divorce lawyer Tomball, TX families trust knows, during a child custody contest, it is important to avoid some of the more common mistakes that many parents make.
The family court judge will always make its decision in favor of the child’s best interest. As such, that decision is largely based on the stability of the parent’s physical, mental, and financial well-being. The court looks at the care that each parent is able to provide for the child, potential help from family members, which parent will be better equipped to ensure a safe home, as well as other criteria such as proximity to quality schools and the wishes of the child if the child is old enough to have an opinion. While there is no set guideline of what a parent should do leading up to and during a custody battle, an experienced Tomball, TX divorce lawyer from Winfrey Law Firm will provide invaluable guidance and legal counsel throughout the process.
One common error that many parents make is exaggerating the truth about the past actions of the other parent or even fully lying. Whether a judge easily sees through these lies or not, it is never wise to tell tales of the other parent. Your intentions of defaming them may likely be all too obvious, but even worse, lying in court is perjury. Perjury can even be charged as a felony in some more extreme circumstances. Lying under oath will certainly go a long way towards losing your case.
The people you associate with, including any potential partners, have an impact on the court’s decision pertaining to child custody because they will inevitably have some influence on your child’s safety, health, emotional well-being, and quality of life and education. Often, these people are positive influences. Having close family members and friends may, in fact, boost the outcome of your hearing. However, by moving in with a partner, you risk losing your child custody battle because the new living arrangement may be frowned upon. What is their mental and criminal history? Does your partner have children as well, and will they be negative influences on your child in that new living situation? It may be that moving in with a new partner has no influence, or a positive influence on your child’s well-being, which is why it is wise to discuss the matter with your attorney and never rush into the decision.
A divorce can be difficult to deal with. You went into marriage perhaps thinking it was your happy ending. Now you may look at those old wedding photos with feelings of shame, guilt, anger, and regret. Know that all of these feelings are normal.
You can get through your divorce, but it takes one step at a time. Winfrey Law Firm understands that it can be a long road ahead. A divorce lawyer in Tomball, TX, can explain the divorce process thoroughly, so you know what to expect.
It can still be difficult, even with preparation. Finding some healthy ways to cope with the divorce process can help you find your life again.
The first step to healing can be acceptance. Know that it is okay to feel a wide range of emotions. One day you may feel fine. Then the next day, you fall into despair. Meet yourself where you are at. Accept that your feelings are temporary.
Journaling can help you process your emotions. Saying daily affirmations may also help. Creating a daily routine can help you stay grounded.
It can be easy to slip into isolation during this time. You were so used to sharing a home with someone. Now, you live on your own. It can be tough to cope with this transition when your emotions are turbulent.
It is important to know you are not alone. Keep others in the loop. Talk to friends and family about how you feel. They can provide support and offer advice. If you simply need a laugh, they can probably provide that too.
Keeping your divorce lawyer in Tomball, TX, informed about how you feel can help too. The Winfrey Law Firm understands how tough it can be to go through this. They want to support you through this difficult time as well.
Having kids involved can make the process even more difficult for you. However, the children’s lives are also changed by this event. They may have several worries. Maybe they are afraid that you’re going to leave their lives.
Make sure you stay in touch with your kids. It may be difficult, but talking to them can help them feel like they are included. Let them know that you’re not going away. Things are simply changing. You and your kids can work together to make this transition as smooth as possible.
Divorce is an emotionally stressful time for everyone involved, including your children. A divorce lawyer in Tomball, TX, from Winfrey Law Firm can help answer a lot of the legal questions you have. However, there are some problems that you have to address largely on your own, such as how to help your children adjust.
Children at various stages of development react to divorce news in different ways. Your response should also be age-appropriate.
Children at this age may fear rejection and abandonment from either or both of their parents because of the divorce. They internalize responsibility for the breakdown of their parents’ relationship and fantasize about bringing them back together. You and your spouse should avoid blaming each other or school-age children may feel obliged to take sides. You should both spend quality time with your school-age children, encouraging them to talk about their feelings. You should also encourage them to get involved in extracurricular activities to find social support outside the family.
Preschool children take emotional cues from their parents. If you are pessimistic or negative about the divorce, they are likely to be, too. It may seem counterintuitive to try to put a positive spin on your divorce, but if you act as though it is a normal part of life, your preschool children are more likely to take it in stride. Fortunately, there are some good books on the subject written for children in this age group, most of whom respond well to them. A divorce lawyer in Tomball, TX, may be able to make some recommendations. Kids this age tend to thrive with routine, so keep parenting schedules as regular and consistent as possible. Reassure kids that even if they spend less time with one parent or the other, they will still have a relationship with both.
At this age, children’s main bond is with their parents and immediate family, so their parents’ divorce can be especially traumatic. Toddlers often need extra care to cope, and you can ask relatives or caregivers to pay them some extra attention when you are unable to be there. If your child is old enough to talk, you can ask about what he or she is feeling. However, even if your child is pre-verbal, he or she should still spend lots of quality time with both parents.
The good news is that most children are resilient and recover completely from their parents’ divorce, sustaining less long-term damage than they would have if the parents had subjected them to constant conflict. Hiring a divorce lawyer in Tomball, TX, from the Winfrey Law Firm may help make things a little easier on everyone.
If you have are in the midst of a child custody battle or are in the early stages of divorce or separation, do not hesitate to call the Winfrey Law Firm to schedule a consultation with a divorce lawyer Tomball, TX. Call our office today.
If you’ve never had to go through the divorce process it is often a good idea to get in touch with a divorce lawyer in Tomball, TX. It is expected that you are totally unfamiliar with aspects surrounding the divorce and that you might not know which information is correct and which information that simply isn’t true.
It is completely normal to talk to other people and asked for their opinion they may not have the correct information for you. Chances are that they are going to say conflicting things that could show several perspectives and at some point, you will probably hear a few myths about ending the union with your spouse.
If you’re going through a divorce take a look at some of the top myths that you shouldn’t fall for and why they simply aren’t true.
This is probably the most common myth that people fall for when they think about divorce and it just isn’t true. It’s a popular media trope but in real life it almost never happens. If you cheat on your spouse and got caught it doesn’t mean that you’re going to lose everything. This means that you won’t lose things such as child custody, monetary support, and property such as cars in the family house just because you committed adultery.
However, it can be a different story if the act had significantly affected your finances. It is best to contact a lawyer’s help if you going to be facing things such as child custody battles or even just finding the best way to split your finances.
This is another popular belief that if one party doesn’t agree with it then a divorce can’t happen. This is entirely untrue. The government recognizes that every person should be free to leave a marriage if they are in if they no longer want to stay in the commitment.
What you should do is file the paperwork accordingly for the process to start and then you’ll be given a timeframe or deadline that your spouse has to respond. If they fail to do so then you can proceed to file a motion for default. The motion is going to prompt a default judgment which basically means that you can get out of the marriage on your own terms.
This may have been true in earlier times but like with all things this has changed. While yes that one point mothers were a step ahead when it came to child custody, in today’s world the court prioritizes the welfare and best interests of the child above all else.
This means that both the mother and father are equally entitled to the rights in the child’s custody. The case in the court decision will typically depend on who can prove that they can provide the best love and care in the name of the child’s welfare.
If you have found yourself in the middle of a divorce then talking to a divorce lawyer in Tomball, TX is the best way to get your questions answered and get the truth.
As you’re coming to terms with the fact that your marriage is over, you may be wondering about child custody as well. If you have minor children and are considering divorce, child custody can be a big source of stress and worry. As an adult with children, there are several questions that you should ask your divorce lawyer about child custody to help you better understand the process. Here are five essential questions about child custody that every divorcing parent should ask their divorce lawyer.
1) How Do We Determine Who Gets the Children?
The law varies from state to state, but there are a few key factors that will guide our decision about which parent should be awarded custody. First and foremost, we want to consider what’s in the best interest of the child. For many people, that means choosing between their parents as opposed to outside parties like grandparents or close friends. However, when considering the needs of the child, it may not always be an easy choice for you and your spouse. If you have any concerns about your children being raised by one set of caregivers instead of another, consult with a lawyer before agreeing to anything regarding custody arrangements.
2) What Is A Parenting Plan?
A parenting plan is a document created by parents as part of their divorce proceedings. It outlines how child custody and visitation will be handled after their separation. The two most common types of parenting plans are: joint custody and sole custody. Joint custody involves parents living in the same house with children splitting time between both homes, while sole custody means one parent has primary responsibility for raising the children. If you have questions about your state’s laws or which type of parenting plan may work best for you, consult an experienced family law attorney near you.
3) What Do I Need To Know About Mediation?
Mediation is an excellent way to resolve divorce disputes, and most states will require mediation before going through a full trial. If you want to reach a resolution quickly and as amicably as possible, mediation is your best bet. The process starts with both parties bringing in a counselor who specializes in family law: either a lawyer or a mediator, depending on what state you’re in. Together they’ll sit down with both parties (and sometimes kids) to talk about all of their issues. The goal of mediation is resolving these issues — not necessarily coming up with one right answer. Mediators can help guide you toward agreement, but ultimately it’s up to both parties to negotiate and agree on a solution that works for everyone involved.
4) What Happens If I Am Not In Agreement With The Court’s Decision?
If you and your spouse can’t agree on a parenting plan, then you may have to go before a judge who will make that decision for you. If you are ordered by court to pay child support, it is mandatory that you follow through with these payments. By law, if there is no existing order in place, it’s up to both parents to come up with an arrangement that is fair for all parties involved.
5) What Are My Options For Relocating With The Children?
As a parent, your number one concern should be providing a safe and happy environment for your kids. While many people believe joint custody is best when there are two parents, that’s not always the case. Every family is different, so it’s important to consult with an attorney who can help you make sure you’re handling child custody proceedings properly from start to finish.
Contact a divorce lawyer at Winfrey Law Firm, PLLC today for help with your divorce custody case.
Can I get legally separated instead of divorced?
In the state of Texas, you can only get legally divorced, you cannot get legally separated. While you and your spouse may make the personal choice of separating to see if divorce is right for you or to give each other space, divorce is what will be legally binding. Your Tomball, Texas divorce lawyer can work with the judge in charge of your divorce case to get a temporary order in place so that there is a decision regarding who can stay in the house and what kind of arrangements will be made regarding children.
What is the divorce process usually like in Texas?
The divorce process in Texas is different for different couples and will depend on your specific circumstances. For example, if you and your spouse have an amicable divorce and agree on all of the issues, it could be a relatively simple process. You will need to wait for a minimum of 60 days between filing for divorce and having the process completed.
How will I know how much child support I need to pay?
The judge in charge of your divorce case will determine who will need to pay child support and how much they will need to pay based on an established formula.
Will the visitation schedule be fair?
Courts are very specific about visitation schedules regarding children and want to give all children the best opportunity possible to see both parents. Texas has what is known as the “Standard Possession Order” which details the nights and days that children will see their non-custodial parent.
If you have questions regarding divorce and would like to speak with our Tomball, Texas divorce lawyer a Winfrey Law Firm, PLLC, give us a call today.
If you are leaving a marriage because your spouse is physically or emotionally abusive, the divorce process may have added complications. Winfrey Law Firm is here for you, but abuse situations usually require additional support beyond your divorce lawyer in Tomball, TX. Here are three important things for you to consider when you divorce an abuser.
1. File for Divorce Safely and With Support
Many abusers will present as unwilling and uncooperative when it comes to getting a divorce. Before filing, consult with a divorce lawyer in Tomball, TX, domestic violence services, and a counselor. It is important that you have a support network in place when you file for divorce from an abuser. You may need to arrange to stay with a friend, family member, or someplace else to protect yourself and any children you have.
2. Collect Proof of Domestic Violence
Any proof you can provide Winfrey Law Firm of your spouse’s abuse will be helpful in your divorce proceedings. While it may seem strange to you at first, it is important to collect videos, emails, voice recordings, and possibly even records from professionals, such as doctors or psychologists. The sad truth is that a lot of times, you may not have realized that you were being abused, and you may have even been hiding it or making excuses for your partner’s behavior, making proof very hard to come by. Abusers are often skilled at manipulation, especially in the form of gaslighting, which is where they make you feel as if you are the cause of the problems.
3. Think About Yourself
If you have been living with an abusive spouse, chances are you are used to thinking about others and their feelings and neglecting yourself. This dynamic is often present in abusive partnerships because if you had been thinking of yourself, you would have left the unhealthy relationship a long time ago or maybe not even entered into it in the first place.
Abuse is often cyclical. This concept means that abusers and their victims often come from family backgrounds where they may have witnessed similar physical or mental maltreatment, often without realizing what it was. When abuse is normalized in families, a cycle can be perpetuated from generation to generation. Obtain the help of counselors, life coaches, support groups, and other positive people such as your divorce lawyer in Tomball, TX, as you choose to break this cycle for yourself and your children.
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