Recent Blog Posts
What Happens with Child Custody When One Parent Is Deployed?
If you are facing deployment from Fort Worth or elsewhere in Tarrant County, you likely have many questions about what this means for your relationship with your kids. Texas law offers specific protections to military parents, but the process can still be daunting.
At The Law Office of J. Kevin Clark P.C., our Fort Worth, TX child custody lawyers for military parents understand from personal experience how overwhelming divorce and custody issues can be. Our firm fights extra hard to make sure every client’s case has strategic guidance rooted in experience — not only legal experience but real-life insight into the emotional and financial pressure many military parents feel when navigating divorce and custody. When necessary, we also bring special focus to high-conflict cases involving narcissistic spouses and complex property issues.
Will the Court Deny an Unfair Prenup in Texas?
When drafted carefully and lawfully, a prenuptial agreement plays a vital role in the Texas divorce process. However, even in writing and with both signatures, it is not always enforceable. Texas law outlines the requirements for a prenup, and failing to uphold those rules can result in the court nullifying the contract. If you are concerned about the validity of your prenup, consider some issues that may make it unenforceable and speak to an experienced Fort Worth, TX prenup attorney about the specifics of your contract.
What Does It Mean for a Prenup To Be Unconscionable?
Under Texas law, a prenuptial agreement has to be reasonable and fair. It is not enforceable if the court determines that it was unconscionable when you signed it, meaning the contract terms are so one-sided that it is extremely unfair to one party. For example, if your spouse receives nearly everything, leaving you with very little in the event of a divorce, the court will likely determine that the agreement is unfair and invalidate it.
Do High-Income Parents Pay More Child Support in Texas?
Texas child support laws are designed to ensure that children receive financial support from both parents, regardless of family structure. However, when one parent earns a high income, calculating support payments becomes more complex. If you are a high earner or you are seeking support from one, it is important to understand how Texas law treats income above standard levels.
Whether you are paying or receiving support, having the right legal guidance can ensure that your child’s needs are met without resulting in an unfair burden on either parent. Our Fort Worth, TX child support lawyers can help you with child support and any other issues during your divorce.
What Does Texas Law Say About Child Support?
Texas uses a standardized formula to calculate child support. The system is based on a percentage of the paying parent’s monthly net resources after taxes and certain deductions, and applies the percentage based on the number of children. For example, the guideline amount for one child is 20 percent of the paying parent’s net monthly income, increasing with additional children.
How Do I Divorce a Narcissistic Spouse in Illinois?
Ending a marriage is never easy, but divorcing a narcissistic spouse can be especially challenging. Narcissists often refuse to compromise, manipulate the people around them, and use legal proceedings as a way to maintain control. These behaviors can prolong your divorce and increase emotional and financial strain.
However, with thoughtful preparation and support from a knowledgeable Illinois divorce attorney at the The Law Office of J. Kevin Clark P.C., you can protect yourself, stay grounded, and pursue a fair and lasting outcome.
What Are the Legal Basics of Divorce in Illinois?
Illinois is a no-fault divorce state, meaning you do not need to prove wrongdoing to dissolve your marriage. The only requirement is that irreconcilable differences have caused the irretrievable breakdown of the relationship.
What Should A Texas Parent Know About Child Support?
Texas divorce courts focus on the child's best interests when determining child support, parenting time, visitation, and other matters that affect the child’s well-being. One parent typically pays child support to ensure the child’s needs are fulfilled after the divorce.
Child support payments are determined by several factors that a skilled Texas divorce attorney can review with you. A Texas child support attorney at The Law Office of J. Kevin Clark P.C. can also advocate for you in child support negotiations to ensure your payments are fair and adequate for the child’s needs.
Non-Custodial Parent Net Monthly Income Matters
Child support in Texas is calculated according to the net monthly income of the parent with whom the child does not primarily live. Net income includes the parent’s salaries, wages, bonuses, commissions, tips, and any other form of income. Taxes, union dues, and medical insurance premiums are deducted from their income to arrive at the net monthly income for child support calculator purposes.
Can a Single Parent Adopt in Texas?
Every state in the United States allows single people to adopt a child so long as they meet all the requirements. A single parent is capable of providing a stable, loving environment for a child in the same way that a married couple can. In 2021, there were 35,940 adoptions by married couples, 13,307 adoptions by single females, 1,799 adoptions by single males, and 2,008 adoptions by unmarried couples. If you have made the decision to adopt as a single parent, it is important that you have experienced legal assistance from a Fort Worth, TX family law attorney.
Adoption Issues to Consider
Every adoption requires a home study to ensure the child will be placed in a safe, stable home. The Texas Department of Family and Protective Services could conduct the home study, or an attorney ad litem who represents the child’s best interests could also conduct it. During the home study, you will need to provide medical and financial documents, a background check, proof of parenting classes, and show that you have completed in-home safety preparations.
What is a Morality Clause in Child Custody Issues?
Parents who are facing a divorce that includes child custody issues in Texas may be surprised that the custody orders include a morality clause. Parents who are in the process of divorce, or whose divorce is final, who have a morality clause may not have a romantic partner stay the night with them while a child is present. The idea behind a morality clause is to provide children with stability at a time when their lives may seem less than stable.
It can be difficult for children to have someone new brought into their lives before the ink is dry on the divorce. With or without a morality clause, parents should be sensitive to this issue. But how long is long enough? And how effective is a morality clause in protecting children from seeing more than they are ready to see? Does a morality clause actually hold up in court? If you have questions regarding a morality clause in your custody orders, speak to a knowledgeable Fort Worth, TX family law attorney.
When I Get Out of Prison, Can I Pursue Custody and Visitation?
Perhaps you were incarcerated when your spouse divorced you and was given total custody of your child. If you are now out of prison, can you ask the court for joint custody or, at the very least, visitation rights? The answer to that question depends on a number of issues, including the factors the court considers when making decisions related to parental custody and visitation.
It also depends on whether you were given custody and visitation before you went to prison or if those decisions were made while you were in prison. If you are out of prison and want to seek some level of custody or visitation, it is important that you discuss your situation with a Fort Worth, TX child custody attorney.
What Are the Factors Considered When Determining Child Custody and Visitation?
When a judge is deciding on child custody and visitation issues, the overarching theme is always the child’s best interests. Beyond this, the court will specifically consider the following:
My Spouse is a Hoarder – Will This Affect Custody Decisions?
It is estimated that between 2 and 6 percent of the U.S. population suffers from hoarding disorder. Hoarding disorder appears to affect both genders equally and is believed to be universal, affecting all cultures, races, and ethnicities across the globe. However, older adults are disproportionately affected, with about three times more hoarders between the ages of 55 and 94.
Hoarding behaviors often begin to emerge in the teen years – between ages 11 and 15. When the hoarding disorder begins this early, the symptoms start to interfere with everyday life by the time the individual is in his or her mid-20s. By the mid-30s, there is significant impairment from the hoarding disorder, which is likely to worsen through the years unless the individual seeks mental health treatment.
About 75 percent of those with hoarding disorder have other mental health conditions, like OCD, a major depressive disorder, a social phobia, or a social anxiety disorder. Whether hoarding will be a disqualifier in custody and visitation issues depends on whether the judge believes the hoarding behaviors place your child in danger. If you are dealing with a difficult child custody issue, it is a good idea to speak to a knowledgeable Fort Worth, TX child custody lawyer.
Is Peaceful Co-Parenting Possible with a Narcissistic Ex?
You may have thought that dealing with your narcissistic ex during the divorce was about as bad as it could get – after your marriage, of course. However, if you have children, you are likely to be forced to deal with your narcissistic ex for a very long time. During the child custody discussions, you may have gotten a good sense of what the future would look like. As many who have tried would tell you, it is virtually impossible to co-parent with a narcissist.
Despite everything you learned from living with your ex, no matter how hard you try, no matter how hard you consistently strive to be the "bigger person, and no matter how firm, how kind, or how flexible you are – it is simply not possible to have a peaceful co-parenting situation with a narcissist. By its very definition, co-parenting means parenting together.
The vast majority of narcissists are unable to put their own child’s best interests ahead of their own, so co-parenting with a narcissist often resembles rowing a boat with one oar – while the other person in the boat is drilling a hole in the bottom. Regardless of how hard you paddle, you will continue to go in circles until the boat sinks.