Blog Category | Family Law

Child custody cases are called Suits Affecting the Parent-Child Relationship in Texas, and they determine conservatorship and possession and access of the child, which is what other states refer to as legal and physical custody....

If you are the primary custodial parent and are planning on moving outside the geographical boundaries set by your child custody orders, you’ll need the court’s approval or your ex’s consent. Relocations often turn into...

When parents are no longer together, both legal and physical custody must be established. Legal custody refers to parental decision-making authority, and physical custody refers to parenting time. In some cases, both are shared relatively...

The Office of the Attorney General (OAG) Child Support Division is the official agency for child support in Texas. This means that if you have a related issue, you’ll turn to this office to help...

Probate is the legal process to settle a person’s estate after death. In Texas, probate generally means proving a will’s validity, identifying assets, paying debts, and distributing property to heirs. Although many believe probate is...

When a parent stops paying court-ordered child support, it can create serious financial strain and uncertainty for you and your children. If you’re in this situation, it’s critical to understand the legal tools available to...

If you’re dealing with changes in your family circumstances, you may be wondering whether a child custody order can be adjusted after it’s already been issued. At The Powell Law Firm, we understand these situations...

Are you a parent in Southeast Texas under a custody order? Both parents must follow its terms. If the other parent violates the order, protect your child and rights by acting promptly. Legal options are...

Going through a child custody conflict is never easy. Most parents are interested in finding a low-conflict, less expensive, and amicable resolution. Mediation is a form of cooperative alternative dispute resolution (ADR) that can be...

Are you a parent who is going through a custody battle in Pearland or elsewhere in Southeast Texas? It is imperative that you take proactive steps to protect your parental rights. A top attorney can...

A grandparent can play a very important role in a child’s life. However, a grandparent’s actual legal rights regarding custody and visitation are very limited in Texas. At The Powell Law Firm, we are well-versed...

For parents in Texas, going through a divorce or a separation can be especially stressful. You will need to work out custody as part of your case. At The Powell Law Firm, we are well-versed...

Parents have a general responsibility to provide support for their children in Texas. After a divorce or separation, one parent may be required to pay child support to the other parent. This raises an important...

Most married couples have joint bank accounts. Approximately 80 percent of married couples nationwide share at least one bank account. Around 40 percent of married couples only have joint bank accounts. During a divorce, dealing...

The Standard Possession Order (SPO) is presumed to be the appropriate child-sharing schedule for divorced or separated parents in Texas. However, the SPO is only a starting point. It can be (and often is) deviated...

Is your ex failing to comply with the custody order? You must take immediate action to protect your parental rights. You have enforcement options available. At The Powell Law Firm, we are leaders in family...

Going through a custody case in Texas? Whether you are divorced or separated, a standard possession order will be presumed to be best if you have shared custody. A Standard Possession Order (SPO) in Texas...

Texas custody cases are decided with consideration of the best interests of the child. For older and more mature children (12+), they are often allowed to provide input on where they want to live. However,...

Supervised visitation in Texas is a court-ordered arrangement in which a noncustodial parent can spend time with their child only under the supervision of an approved third party. This structure may be implemented to protect...

A divorce or separation can be challenging for parents. In Texas, the concept of “custody” is referred to as “conservatorship” and “Possession & Access,” and it can be either sole or joint, depending on the...

An initial consultation with a family law attorney is an opportunity to learn more about your case, your rights, your options, and how a specific lawyer can help. Preparing for your first meeting with a...

The Texas Advocacy Project explains that domestic abuse is “ the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one...

Parents have a responsibility to provide proper care and supervision for their children. The failure to do so could potentially be child abandonment. Abandonment is a criminal offense and can have profound implications. This raises...

Are you a parent who is going through a complex custody dispute? You may feel stressed out and overwhelmed. This raises an important question: What if you and your co-parent cannot agree on custody? The...

Mediation is one of the most frequently used alternative dispute resolution (ADR) forms. Under Texas law (Tex. Civ. Prac. & Rem. Code Sec. 154.002), “ it is the policy of this state to encourage the...

However, some unique issues can arise. Our divorce lawyers provide guidance for the divorce of same-sex couples in Texas. Same-Sex Divorce in Texas is Similar for Heterosexual Couples As a starting point, it is essential...

Are you a father in Texas who is preparing for or going through a difficult custody battle? Our state strongly favors some form of shared legal custody for parents. Our child custody attorney provides an...

When a couple splits up and there are children involved, you will need to deal with many contentious issues, including child custody. You want the best for your child, so what happens if you think...

If you are divorcing with children, you may be concerned about the kids. What will happen to them? Where will they live? Who gets custody? The court will generally determine child custody. The main factor...

If you have children and are divorcing or otherwise splitting up with the child’s other parent, you will need to address the topic of child custody. This means you should be familiar with the terms...

After a divorce, most people do not want to rush into another relationship, let alone another marriage. But there are some who get a boyfriend or girlfriend while married or shortly after the divorce filing...

Dealing with a loved one’s death can be devastating. Not only are you dealing with the grief of your family member’s passing, but also their estate. Whether or not your loved one left a will,...

When a couple with children splits up — whether or not they were ever married — one thing that needs to be decided is child custody. Many parents seem to think they can request sole...

When a loved one dies without a will, their estate has to go through what is called the probate process. Probate refers to the process of validating a will and distributing assets. While it is...

After a divorce or breakup involving children, you and the other parent will likely have to co-parent. This can be hard to do following a divorce, as there will need to be solid communication between...

But after a divorce, you are now splitting custody with your ex. They may have custody of the child as much as half of the time. When your child is not in your custody, you...

Are you a parent of young kids and/or teenagers in Texas who is going through a child custody case? You may be wondering what the judge will be looking for when making a decision. The...

When someone passes on in Texas, their property and assets must be identified and distributed to their heirs. As you likely already expect, this can be a complicated process. Indeed, even when there is a...

Getting a divorce is invariably hard. If you are feeling the stress and the pressure that comes with the divorce process, please know that you are navigating a road that many other people have been...

Getting divorced in Pearland, Brazoria County, or elsewhere in Southeast Texas? The process can feel like it drags on and on. According to data cited By Forbes Magazine, the average uncontested divorce takes eight months...

Are you a divorced or separated parent in Texas who needs to relocate? If so, you probably have a lot of questions about how your move will impact child custody. Texas is a “best interests...

Child support is a financial payment made by one parent to another following a separation or divorce. The funds are designed to assist with the costs of raising the child. In Texas, an existing child...

A surrogate is a woman who becomes pregnant and carries a baby for someone else. A gestational surrogate—through in vitro fertilization (IVF)—means that the surrogate will not be biologically related to the child she will...

Unfortunately, not all parents are fit to provide care for children—especially for infants and toddlers. What happens when a parent is deemed unfit in Texas? Who will become the guardian of the child? The short...

When it comes to certainties in life, like death and taxes, people are frightened of both. However, death is often the scarier of the two. People want to avoid talking about death at all costs....

Our Pearland estate planning attorney explains common types of disputes that can arise and how to prevent them. Having an estate plan helps in protecting you, your loved ones, and your assets. However, there are...

If you are a divorced or separated parent with young children or teenagers, you are certainly not alone. The Pew Research Center has published data showing that around half of all U.S. children have divorced...

For parents, going through a divorce or separation can be especially daunting. Your relationship with your child matters. You may find yourself locked in a difficult custody case. This raises an important question: Can a...

Are you the parent of a recent or soon-to-be high school graduate? A child becoming a legal adult can be stressful for parents. It is a transition period that can be challenging. Adult children who...

You may have heard about sole custody, shared custody, legal custody, and physical custody, but do you know about split custody? Most likely, no, since it is not a common child support situation. Split custody...

Adoption can be an exciting proposition for a person or couple who is ready to expand their family. For some people, it may be a necessity after a child’s parents have died or had their...

Estate planning can be an uncomfortable topic for many people. It involves discussing death, and many people delay this conversation. They think they will get around to it someday and that someday never comes. As...

When people think about future plans, retirement often comes to mind. But what happens after that? Specifically, what will happen after you die? Many people don’t have any plan in place because they wrongfully assume...

You want to do everything right before you die. How do you achieve your goals? We may not want to think about it, but death is inevitable. We are all going to face it at...

Got an estate plan? Great! Now learn how to keep it updated. Estate planning is not something everyone wants to think about or discuss with others. Death is a taboo topic for many people, so...

Estate planning is essential. Every adult should have an estate plan that has been crafted to meet their unique needs. Alarmingly, AARP reports that just 40% of U.S. adults have any sort of formal estate...

There are few things more difficult than dealing with the loss of a spouse. Even when it is expected and planned for, there can be many legal and logistical challenges. You may be wondering: What...

A survey cited by the AARP found that a disconcerting 60% of U.S. adults lack basic estate planning documents. You are never too young to start the estate planning process. This raises an important question:...

You got a raise or a higher-paying job. Will this affect your child support payments in Texas? Who doesn’t like pay raises? Getting a higher-paying job is always exciting, since the cost of living seems...

If you are a parent, find out what actions can be considered child abandonment. Most Texas parents want to do what is best for their children. They feed them, provide them shelter, and care for...

You just got a raise. How does that affect the child support you are paying to the other parent? Child custody and support are common issues in Texas divorces. If you are a non-custodial parent,...

Many people fail to have a plan in place before they die, but is it possible to be too young? When people start preparing for their eventual death, they are usually older—in their 60s, 70s,...

While a transfer on death (TOD) account can help you avoid probate, it is crucial that you know how to avoid issues with assets in a TOD account. Transfer on death (TOD) accounts can help...

You should consider including digital assets in your estate plan to make sure that your cryptocurrencies, email accounts, and other online accounts and assets are in the right hands. When most people think about estate...

What can you do if the other parent does not want to get the vaccine or refuses to vaccinate their children? Vaccination has become a point of contention between divorced parents in many child custody...

As the world continues to go digital so too, does estate planning. The digital world continues to evolve and as it starts to touch every aspect of our life, it is important to consider how...

Our Pearland family law and probate court attorney explains the difference between a legal guardian and a guardian ad litem in Texas. Making sure the rights and best interests of children and vulnerable adults are...

Our Pearland, TX divorce attorney provides the professional legal representation you need to protect yourself and your business in Texas divorce proceedings. In any divorce case, there are important matters pertaining to marital property and...

If you have questions about prenuptial agreements, talk to a Texas family law attorney Getting married is a huge decision. Before you enter into it, there are many things to think about. You will need...

If you live with someone else for a long time but do not get married, do you have a common law marriage? For many couples, going through the formal process of getting married just does...

Have questions about Social Security and divorce? Talk to an attorney When you are thinking about a divorce, there are a lot of things that you will need to consider–and many things you will need...

If you have just recently married and want to get a divorce, talk to a family law attorney Getting married can be a wonderful thing. And while some newlyweds may be in the honeymoon phase...

If you are splitting ways with your spouse and either or both of you have credit card debt, consult with a divorce lawyer about how debt should be handled. Debt is never a pleasant thing...

If you are an unmarried father, establishing paternity is essential. Call a Texas paternity lawyer immediately to learn more. You might think that your marital status has nothing to do with your rights as a...

If you are hoping to keep your house in the divorce, it is important that you know the law and have representation from a qualified divorce lawyer. One of the hardest parts of getting a...

When creating a trust, choosing the right trustee is a critical part of the process. Consult with The Powell Law Firm for tips on choosing the right trustee for your estate. When creating an estate...

As the coronavirus forces changes to our normal way of life, so too may a divorce order need to be adjusted. Call a family law attorney today to learn more. During the coronavirus outbreak, which...

Speak with a qualified attorney about creating a smart estate plan When you create an estate plan, you do not want to just be thinking about ways of saving money or passing on assets to...

If you are unsure whether or not an estate must pass through probate, call an experienced Texas probate attorney for guidance. When a person dies in Texas, his or her estate will likely pass through...

Anyone with an estate plan must review it to determine if new legislation has changed it at all. It was in December of 2019 that President Trump signed the SECURE Act into law, and it...

Our Pearland, TX estate planning attorney explains common inheritance disputes and how they can be resolved or avoided. In the aftermath of a loved one’s death, settling his or her estate is one of the...

During these unprecedented times, it can be difficult not to panic when thinking about the possibility of contracting coronavirus. These COVID-19 fears, which are particularly prevalent among older adults, have forced many to think about...

Let me begin by wishing everyone stays healthy, happy and not overburdened and overwhelmed as we all face the spread of the COVID-19/Coronavirus contagion. All the usual methods of communication with my office remain open...

Regardless of your age, health, or the amount of property or assets you own, an estate plan can help ensure you and your loved ones are protected. Estate planning is a topic that is often...

There are many new attorneys in the marketplace, but that inexperience can hurt clients who need quality legal help. The legal profession has become incredibly popular in recent years. More and more young people are...

Going through a divorce? Do not forget about your estate plan. When getting a divorce, you will inevitably face many changes. Your family structure will change, you may not see your children as much, and...

New parents have a lot to think about, but estate planning should be a top priority. Starting a family is an exciting time for young people. Welcoming a new member of the family though also...

Many married couples want to live apart and work on their marriage rather than get a divorce. However, that is not possible in Texas. Read on to discover your other options. When a marriage is...

Divorcing a partner who is physically or verbally abusive can be difficult and costly. Find out what you need to do to stay safe. Going through a divorce is challenging enough. Add physical or emotional...

Find out how mediation can help you and your spouse resolve issues quickly, saving time and money. Nobody goes into a marriage looking to get divorced, but people and situations often change over time. When...

If you and your child’s other parent are not married or living together and you do not have custody of your child, you are legally obligated to make child support payments. The amount of child...

Before a divorce can be finalized, the parties in a divorce must reach an agreement about how to divide property and assets, as well as any debts the parties have. While parties can reach an...

It is important to know the common mistakes made during divorce so you do not sabotage your own case or settlement. Divorces can be difficult and emotions often run high throughout the process. This is...

Collaboration and mediation are two ways to get divorced. Couples should know the differences so they can make the choice that is right for them. Collaboration and mediation are methods for divorce that are becoming...

Affairs that involve a child can make divorces more emotional and contentious. Does the child have an effect on the final terms? Extramarital affairs are becoming quite common, and they can wreak havoc on a...

Property division laws in Texas sound fairly straightforward, but they are not. When going through a divorce, finalizing any of the terms can be complex. Dividing assets and debt, however, is one of the most...

Failure to understand your child support responsibilities can have severe consequences on every area of your life. Parents in Texas have a legal obligation to provide financial support for their children. If you are divorced...

There are numerous factors that could impact your eligibility for spousal support and whether it should be included as part of your divorce settlement. Along with the emotional fallout of a breakup, the financial ramifications...

When you make child custody arrangements in Texas, your parenting plan should address both your child’s basic and current needs. There are numerous issues to consider when creating a child custody plan. In addition to...

Unless you have a valid reason, you could end up facing potentially serious penalties if your child does not follow the possession schedule. For unmarried parents and those going through a divorce, matters pertaining to...

Good co-parenting is more than just doing what is convenient for you; it is putting your children first. Co-parenting, also called shared parenting, is when both parents work together in order to raise their kids...

The passing down of assets in Texas will be determined based on several factors, including whether the deceased had a will. What you are entitled to when your parents pass away is determined either by...

While the law does not require a marital separation before getting a divorce in Texas, there are other factors you need to consider. For couples who are experiencing marital difficulties and contemplating filing for divorce,...

While a divorce in Texas may be resolved in as little as a few months, there are issues that can complicate your case. For many couples, the decision to seek a divorce is made after...

In shared custody situations, parents may negotiate who claims the child as a dependent and takes child tax credits as part of the custody agreement. Negotiating child custody arrangements can be complex. In addition to...

Non-custodial parents who take or keep a child in violation of a court order could find themselves facing criminal charges. Parents often have strong feelings about their role in their child’s life and strong opinions...

Is There a Right Time to Create a Plan for One’s Estate? It can be an unsettling feeling to think about the end of your life. However, soon or later, death is inevitable, and when...

Staying Together for the Kids is Not Always a Good Idea Getting a divorce can be a difficult decision, especially for parents with children. There is a common belief–which often proves to be true–that divorce...

Thinking About Leaving Your Spouse is Tough. Having a Plan to Follow can Make the Transition Easier. At the time that you say “I do,” you are surely not thinking about a divorce down the...

A Will is an Important Part of an Estate Plan. Work with Our Law Firm to Create One Today. Many people, especially those who are young, think that creating an estate plan is something that...

If You are a Millennial, do Not Miss Out on the Opportunity to Start Planning for Your Future NOW If you identify as a “millennial,” which means that you are somewhere in the age range...

Finding a Responsible Trustee is a Critical Part of the Trust Formation Process Creating a trust may be both a sound financial decision and an effective way to provide for your loved ones and plan...

Yes. You are Never Too Young to Create an Estate Plan It is natural for young couples to want to put off thinking about estate planning. Not only can estate planning feel like something that...

For many parents, one of the hardest things about going through a divorce is seeing less of the children. Losing out on precious time with your kids on holidays, birthdays or just mundane school days...

Going through a divorce is an emotional, complicated process. For those who can’t see their children, it can be even more difficult. After all, your children are probably some of the people you love the...

If you are a divorced Texas dad, you may already know about a bill that has been working its way through the state legislature since its introduction in late November of 2016. HB 453 thus...

Your ex-husband picked up your daughter on Friday. Your custody agreement states that he gets her every other weekend. Usually, he brings her back on Sunday evening, but he called last night and said he...

Parental alienation, or malicious mother syndrome, isn’t an actual medical condition. It describes a mother who acts to try to turn the children against you to punish you for the divorce. She might try to...

Think there was a lot of conflict before you and your spouse decided to split up? According to the American Bar Association, 10 percent of divorce cases dissolve into high-conflict child custody battles. These can...

Child custody cases can become extremely contentious. They can quickly escalate into situations involving parental alienation. This is when one parent attempts to pit the child against the other parent. In the most extreme cases,...

Divorce, in general, is not a new concept. Divorce on a grand scale among people over the age of 50, however, is. The phenomenon is called “gray divorce,” and it is on the rise. Sociologists...

Is it time for your alimony payments to your ex to come to an end? In Texas, it is possible to terminate payment of spousal maintenance, more commonly known as alimony. However, it can only...

Businesses are not like bank accounts. You cannot simply look at a statement to determine their value. They can be quite challenging to value, which adds an extra layer of complexity to a divorce when...