Barker Law Firm, PC
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Texas Family Law Blog

More millennials are signing prenuptial agreements

The term "millennial" gets thrown about casually — for good or for bad. Sometimes these 20- to 30-somethings are celebrated for their forward thinking. For example, they're often credited for having a mature outlook on marriage.

Most millennials wait until they know their partner better before they get married. Consequently, their divorce rates are lower than previous generations. Millennials are also more open to the advantages of prenuptial agreements.

A little known tip for winning your child custody suit

It's terrifying to think that you could lose physical custody of your child. However, numerous Texas mothers and fathers have lost the right to have their children live with them. Instead, they are relegated spending just a couple days a week, or less, with their children after losing their child custody suits.

However, there's one thing you can do that will help increase the chances that you win your child custody battle in court. The strategy is straightforward and simple: It involves keeping a journal of your parenting activities.

How can dads increase their chances of getting child custody?

If you're hoping to get custody of your children, and you're a dad, you may worry that Texas courts will favor the mother in your case. While there is a general concern of gender bias -- in other words, a concern that courts are more likely to award child custody to mothers -- fathers who approach their child custody cases in the right way may not need to worry about this.

Here are three things fathers can do to improve their chances of getting child custody:

How does the 60/40 child custody plan work?

Divorcing parents can choose from an unlimited number of shared child custody plans. Parents will need to review their work schedules -- and consider the needs of their children -- to decide which parenting plan is right for themselves and their families. One popular plan that some parents choose is known as the 60/40 plan.

Although it may seem like the 60/40 plan offers parents an unequal amount of parenting plan by its name, depending on work and school schedules, the amount of time parents actually spend with their children face-to-face could be very different. Let's look at two ways parents might organize a 60/40 arrangement:

  • The every-extended-weekend plan: This arrangement involves the child spending four weekdays with one parent, and a three-day weekend with the other parent.
  • The 4-3 plan: This plan simply involves the child or living three days with one parent and four days with the other alternatively. The split of days can fall anywhere in the week.

Consider the temperament of your child in your parenting plan

When divorcing Texas parents are creating a parenting plan together that dictates who the child will stay with and at what times, it's vital to consider the child or children's ages, life stages and temperaments. Obviously, a teenager's personality will be much different from a toddler's and your parenting plan should reflect this, as well as other factors relating to your children's stages of growth.

Let's consider babies and toddlers first. Infants and toddlers require frequent and regular contact with both parents. Young children do not have fully developed memories. As such, if an entire week passes between visitations, the baby or toddler could forget vital impressions and information about the other parent.

5 things to remember when you're getting a divorce

If you've decided to get a divorce, making that decision probably did not happen easily. It came after you considered all the possibilities and ramifications of what your future life will be like as a single person or single parent. Now that you've chosen to make your divorce a reality, there are several things you'll want to keep in mind:


Joint and sole conservatorship in Texas custody law

The end of a marriage is always a difficult event to face. It involves high emotion and puts every piece of shared property in question. But the greatest victims of the process are often children, who have no say in the proceedings and may not understand what is happening.

The word "conservator" highlights the rights and responsibilities of a parent under Texas law, instead of "custodian," so custody is called "conservatorship." The types of conservatorship are joint managing conservatorship and sole managing conservatorship.

Will I be able to keep the house when I divorce?

The longer we live in a particular residence, the more it becomes a part of us. Houston residents can definitely become attached to their homes. This is why dividing the family home during a divorce can become an emotional affair. If both spouses become obsessed with holding onto the residence, and there is disagreement about who will keep it, dividing the family home could result in a prolonged and costly divorce process.

The more you know about how residences are handled in Texas asset division cases, the better of you'll be in approaching the division of your residence. Here is what you should know:

Family law court: What to wear and how to act

If you're in the throes of a Texas family law dispute, you'll be facing a lot of unknowns. That's why you'll want a skilled family law attorney by your side to guide you along every step of the way. One thing, in particular, that you should ask your lawyer about is courtroom decorum. More specifically, what should you wear and how should you act?

When you go in front of a judge, you'll want to dress in appropriate attire. This means that you should only wear pressed, clean clothes that look neat and orderly. Men should wear pants, a collared shirt and a suit. Women should wear a skirt, dress, suit or pants -- but they shouldn't be too tight or revealing. Don't even think about wearing a t-shirt, shorts, sunglasses or hats in a Texas courtroom: they're not allowed. You should also avoid too much makeup, too much jewelry and over-the-top hairstyles.

When courts consider the best interests of your child

A Houston family law court will always seek to honor the best interests of your child -- first and foremost -- when making any child custody decision. The court will review a wide variety of facts concerning your child custody case, your family and your children to evaluate exactly what the best interests of your child may be.

Here is a list of common factors that a court will likely consider in your child custody case:


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