Month: July 2020

You’re the biological father of a newborn Texas baby. There’s no question that you are the legal father, right?

Hang on. There just might be.

The bottom line concerning Texas paternity law is that it is anything but simple and direct. In fact, we note at the established Dallas family law firm of Katie L. Lewis that it is “detailed and confusing.”

What that sometimes mean is this: Males and females alike who think that paternity is a cut-and-dried matter can easily find that relevant law doesn’t align with their expectations.

Back to that above question regarding fatherhood. We duly stress on our website that “the legal definition of fatherhood is dependent upon biology, timing, marital status and a variety of other factors.”

Does that clear things up?

We didn’t think so. In fact, it is likely the case that either a male or female having questions or concerns regarding paternity will reasonably want to consult with proven paternity legal counsel. Following are a few key paternity-linked points to note.

First, being a biological father does not equate by itself to legal fatherhood in Texas. If you are a dad who is married to a woman when she gives birth, you are automatically deemed a legal parent. If you are unmarried, though, paternity must be established.

That is done through voluntary acknowledgment or involuntarily pursuant to a court order. Either a mother or father (as well a child or state authorities) can file a formal “Petition to Adjudicate Parentage.”

Establishing paternity can have material and wide-ranging consequences for all affected parties. An experienced family law attorney can provide further information and, when necessary, diligent legal representation.

Prominently.

That’s one quick and conclusive answer to today’s above-posed blog headline query. Although life insurance might be of little or no importance at all in some divorces, it can comprise top-tier subject matter in others.

How do you know if life insurance is a divorce concern?                                          

Most divorcing Texas spouses have a lot on their minds. We note at the established Dallas family law firm of Katie L. Lewis that one central concern harbored by many impending exes is whether they are ready for divorce.

That’s a fair self-posed question, and one that presupposes some sound pre-divorce planning.

We certainly recommend that exercise, especially concerning money matters. We note how important it often is for a divorcing party “to gather your comprehensive financial information together, and to make yourself aware of your financial situation.”

Taking that step – especially with close input from a practiced divorce attorney – can help a divorcing individual gain deep insight and help to guide the divorce process in a positive way. Financial planning can promote understanding surrounding investments, taxes, debts, existing assets (including their location and value) and future needs.

Life insurance might well configure prominently into the mix. A recent Forbes article on the topic underscores generally that “life insurance can help protect the assets you’ve worked to build.” Moreover, continuing coverage can provide great peace of mind and invaluable assistance applicable to assumed debt in the event an ex-spouse with payment duties passes away.

Perhaps the value of life insurance can be no better illustrated than via a scenario where a non-custodial parent with child support obligations dies. An existing policy with that person as owner and listing the children and other parent as beneficiaries can ensure continued financial protections.

Many and diverse questions can logically arise concerning the role of life insurance in divorce. Forbes advises any person seeking relevant information to consult with an experienced attorney.

Grandparents who are interested in playing an active role in their grandchildren’s rights may wonder what happens in the event of a divorce. Do they still have a right to see their grandchildren? The answer will depend on a number of factors, including the state. Family law is a creature of state law, so which state the divorce is taking place in matters. This post will focus specifically on the issue of grandparent rights in Texas.

Like most things regarding child custody, the issue often comes down to the best interest of the child. If the grandparents can establish that time with them is in their grandchildren’s best interest, they are more likely to find success. Courts in Texas have the power to step in and grant visitation rights if the parents of the child or children are divorced.

Grandparents can also maximize time spent with their grandchildren by thinking outside the box. In some cases, you may be able to increase the time spent with the children by offering to help the parents in the raising of the children. This could include transporting the children to extracurricular activities or spending time with the children while the parent goes on a vacation or out with friends. Or plan a vacation with the grandchildren and the grandchild’s parents. The trip can result in memories that the grandchildren will cherish.

Navigating the roles that are available during and after a divorce may seem overwhelming. Grandparents have options. An attorney experienced in grandparents rights during divorce in Texas can review your situation and discuss these options to help provide peace of mind.

Not that long ago, dividing assets after a divorce meant going through tangible objects and deciding who would get to have which items. When there was an argument about who could keep something, it was a matter of determining whether it belonged to the individual or the couple.

While many assets are still tangible items around the home, more assets are digital. These items may seem insignificant, but digital collections accumulated over the course of a marriage can add up quickly.

Here’s what you should know about dividing up your digital assets during a divorce.

Digital assets can add to the confusion

One of the advantages of digital assets is that there is a record of when you purchased it and how you paid for it. Depending on how you and your spouse managed your finances, this could make asset division simpler or more complex.

If you maintained separate accounts and did not buy digital items for each other, the process of dividing your digital belongings will be simple. On the other hand, if you had joint accounts or regularly made digital purchases for each other, it can be challenging to determine what items belong to which person.

Community property

Since Texas is a community property state, digital assets that you purchased jointly during the marriage belong to both of you. When it is time to part ways, you will have to decide on an even distribution.

Keep in mind that if your digital assets are kept in one commingled account, they could be considered community property. If you cannot show that items in the shared account belong to one of you or the other, all the items in the account could be common property.

As you look through your digital assets, it is essential to try to trace who purchased it and whether it was part of a comingled collection of assets.