Plano Family Law Blog

A warning about your family business during a divorce

On behalf of Mackoy, Hernandez, Qualls, Jones and Woods LLP on Tuesday, September 8, 2020.

The pride that you feel because of a family-owned business that you and your spouse built yourselves can turn into frustration if you end up divorcing. This is because you'll have to determine what happens to the business. There are a few options, including closing the business, but you have to be cautious as you proceed.

Some exes are able to continue to run the company as a team. They simply split the duties up and have an agreement in writing about everything. Another option is that they sell the company. This involves having it valuated and finding a buyer. Finally, one spouse might buy the other out. This can be done through the property division process.

Ways to manage your child's experience of divorce

On behalf of Mackoy, Hernandez, Qualls, Jones and Woods LLP on Friday, August 14, 2020.

If you are unhappy in your marriage, it's likely that you have contemplated divorce on one or more occasions. Divorce has both pros and cons, with one of the cons being the negative effect that it could have on your children. For many parents, concerns about their children's development and future are key barriers that prevent them from filing for divorce.

However, divorce does not necessarily have a negative impact on a child when compared to living in a home with two unhappy parents. Not only should you consider the impact that divorce may have, but consider the impact that staying together will have.

During a divorce, stay respectful and focus on reducing conflict

On behalf of Mackoy, Hernandez, Qualls, Jones and Woods LLP on Saturday, July 4, 2020.

Divorcing has a tendency to bring out the worst in people, at least temporarily. Getting a divorce may be like living with an open wound. Every little negative remark may upset you or make you want to drag out the process as long as you can to make it more costly for your spouse.

It's a good idea to think carefully about how you want to approach your divorce. Being respectful and willing to negotiate will paint you in a much better light if you do eventually have to go before a judge. It can also help you work out many of the issues you face outside court, so that there is an opportunity for you to avoid costing yourself and your spouse more than is necessary.

Conflicted about your child’s special education needs?

On behalf of Mackoy, Hernandez, Qualls, Jones and Woods LLP on Wednesday, June 17, 2020.

Divorce can complicate special education issues. While you and your spouse used to get along; one thing upon which you always disagreed was how to address your child's education. Now, you have two homes and two different opinions about your child's educational needs, and you no longer get along with the each other.

Divorce can complicate special education issues, because both parents may need to sign off on things like the Individual Education Program team's plans. When you can’t agree your child is left with no plan.

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.