Plano Family Law Blog

Building a parenting plan that meets your child's needs

On behalf of Mackoy, Hernandez, Qualls, Jones and Woods LLP on Sunday, May 10, 2020.

When parents divorce, courts typically require them to create a parenting plan that outlines each parent's rights and responsibilities to their child. The parenting plan is a crucial part of creating a stable environment for a child after divorce, establishing boundaries around how each parent should act and the ways each parent must care for their child and share their time together.

Unfortunately, many parents do not understand that a parenting plan is not a suggestion of behavior by the court, it is a legally binding agreement that parents must respect. Violating a parenting agreement may have consequences, so it is important to create your own carefully. With some time and attention, you can create a strong parenting agreement that relieves tensions between divorced parents and clarifies the behavior expected from parents.

How to make your child feel at home after divorce

On behalf of Mackoy, Hernandez, Qualls, Jones and Woods LLP on Thursday, April 9, 2020.

Your child is an important part of your life, so you want to maximize the time you get with them after the divorce. Even if you and your estranged spouse have reached a custody agreement that works for everyone, there still may be additional hurdles to jump.

How do you make your child feel at home in two different places? You and your spouse have to decide how to divide your child's furniture, clothing and other items. Will one parent take it all while the other buys all new items? Will you ask your child to decide which items go to each home? This can lead to a complicated situation, but it's critical that the division of your child's property is done in their best interests. You want them to feel welcome both at your place and at your spouse's.

Special custody considerations for a child with special needs

On behalf of Mackoy, Hernandez, Qualls, Jones and Woods LLP on Thursday, March 19, 2020.

When you argue for custody in front of the Texas family courts, the judge will always want to make a decision that is in the best interests of the children. For the average family, those best interests usually include getting to spend significant amounts of time with both parents.

Nearly equal custody splits are increasingly common, but they may not be the right solution for every family. If your family includes a child with special needs, you will need to carefully consider what will be best for your child as you proceed with divorce.

Can split custody help me care for my kids?

On behalf of Mackoy, Hernandez, Qualls, Jones and Woods LLP on Sunday, March 8, 2020.

Parents want what's best for their kids. And while giving them that can be hard after divorce, it's not impossible.

If parents have more than one child, this can pose challenges. Some parents may think it's better to keep siblings together. However, others may find it beneficial to keep them separate so that parents can focus solely on each child's needs. If that's the case, split custody could be a suitable option.

Get the right assets to care for your child after divorce

On behalf of Mackoy, Hernandez, Qualls, Jones and Woods LLP on Thursday, January 9, 2020.

Divorcing with children makes any divorce more complex. Making sure your children have all they need at both parents' new homes is something both parents should take responsibility to ensure is in place.

For parents who are on the same page with their custody schedules, the most important thing to do is make sure their children have what they need at both homes. This may mean that for some items that are not feasible to travel back and forth, duplicates will be needed.

Divorce considerations for parents whose child has special needs

On behalf of Mackoy, Hernandez, Qualls, Jones and Woods LLP on Saturday, December 7, 2019.

Getting divorced when you have children is never easy, but the experience can be increasingly difficult when your son or daughter has special needs. A child with special needs may have higher care requirements than other children in the same age group. He or she may also struggle more with your divorce.

Paying attention to your child's needs and processing capabilities as you begin your divorce can guide the way you handle ending your marriage. In the end, these considerations may smoothen the process for your entire family.

Tips for dealing with an ex who doesn't want a divorce

On behalf of Mackoy, Hernandez, Qualls, Jones and Woods LLP on Friday, November 8, 2019.

Determining that a marriage isn't worth saving usually happens over time. Once you come to the final decision, you have to tell your ex. But, they might not be willing to accept the fact that the marriage is over. This can make a challenging situation even more difficult.

At first, you may think that you can go through the divorce process with your ex in an amicable manner. Many people can make this happen by remaining focused on the issues at hand and remembering the ultimate goal. When your ex is making things more stressful, you might have to alter your plans for the divorce.

A lifestyle analysis could benefit your divorce settlement

On behalf of Mackoy, Hernandez, Qualls, Jones and Woods LLP on Thursday, October 10, 2019.

Divorce courts try to ensure that neither spouse suffers a significant decrease in their previous standard of living when going through a separation.

A divorce can lead to a huge shift in standards of living because of the loss of an additional income. This is why divorcing spouses need to prepare to fight for a fair division of assets, and the implementation of alimony, otherwise known as spousal support. One way to ensure that a divorce is settled fairly is to undergo a lifestyle analysis.

How will the courts split up your assets in a Texas divorce?

On behalf of Mackoy, Hernandez, Qualls, Jones and Woods LLP on Wednesday, September 11, 2019.

Unless you and your ex signed a thorough prenuptial agreement or set terms for a postnuptial agreement due to marital issues, it is nearly impossible to predict the exact outcome of a divorce. Although there is a legal standard that exists for property division in Texas, much of the standard is interpretive and gives authority and discretion to the judges to use as they see fit based on the details of the situation.

If you don't have a written agreement with your former spouse about how you want to split up your possessions if you divorce, it is nearly impossible to predict who will get what and how much of which asset you have the right to retain. However, informing yourself about the community property standard for asset division in Texas can help you understand how the courts will make decisions regarding your possessions.

Custody of your special needs child could affect spousal support

On behalf of Mackoy, Hernandez, Qualls, Jones and Woods LLP on Friday, August 9, 2019.

Parents considering divorce often have to spend some time examining how their divorce will impact their children. For parents with special needs children, it can become much more complex to navigate a divorce without the process impacting the well-being of their child.

From shielding your child from anger between you and your ex to planning for their financial protection in the event that you die, there are many unique considerations that special needs children require during divorce proceedings.