Recent Blog Posts
The Process and Challenges of Stepparent Adoption in Texas
Blending families through marriage often leads stepparents to want to formalize their role and cement the bond with their stepchildren through adoption. However, stepparent adoption comes with its own unique processes and challenges that must be carefully navigated with a Texas family lawyer.
The Legal Requirements for Stepparent Adoption
The Texas Family Code outlines the legal prerequisites for stepparents to adopt a spouse’s child. The stepparent filing for adoption must be married to the child’s parent, and the other biological parent must consent to the adoption or have their parental rights legally terminated.
Obtaining Parental Consent
One of the biggest hurdles is obtaining consent from the other biological parent. If that parent agrees to the adoption, he or she must execute an affidavit of relinquishment of parental rights before a certified officer. However, if the other parent refuses to give consent, the petitioning stepparent must seek termination of that parent’s rights through the court system.
How to Document and Use Narcissistic Behavior as Evidence in a Texas Divorce
When going through a divorce with a narcissistic spouse, having clear documentation of his or her behavior can be crucial for getting a favorable settlement. Under Texas law, evidence of conduct that substantially negatively impacts the marital relationship is a factor courts can consider when dividing property and determining spousal support obligations. A Texas lawyer can help you determine how to document narcissism effectively and the proper steps to take along the way.
Keep a Diary
Start keeping a daily diary documenting instances of narcissistic behavior, like extreme self-centeredness, lack of empathy, feelings of entitlement, exploitation of others, arrogance, envy, aggression, and more. Be as specific as possible by recording dates, times, locations, what was said or done, and any witnesses. Stick to factual descriptions without assumptions. Courts may place more emphasis on documentation made closer in time to the incidents.
What Makes a Parent Unfit for Custody in Texas?
Unfortunately, there are times when one parent is not fit to care for their child. The other parent can request sole physical and legal custody in these cases.
What makes a parent unfit for custody in Texas?
The courts will consider many factors and always decide in the child’s best interest. Here is what happens if a person is deemed unfit to hold onto their parental duties.
The Definition of an Unfit Parent
When you hear the term “unfit parent,” you might think of someone who doesn’t have the child’s best interests at heart. Sometimes, they do not have the resources to care for the child. Other times, they engage in risky behavior or have been arrested for abuse.
These individuals may not be fit to raise a child in those situations. In the state of Texas, an unfit parent cannot provide a stable and safe environment for their child. There are several factors taken into consideration before a person is deemed as an “unfit parent.”
Negotiating a Texas Divorce Settlement with a Narcissist
After you have filed for divorce, you want the process toward a settlement to go smoothly. However, if you are involved with a narcissist, you may be in for a long and arduous journey. Negotiating a Texas divorce settlement with a narcissist can be a challenge.
You may want to work with an experienced family law attorney to handle these cases. Otherwise, your narcissistic ex-partner may try to wear you down for a less-than-reasonable resolution. Here is how you can reach a divorce settlement with a narcissist.
Negotiation Challenges
In the state of Texas, all assets acquired during the marriage are community property. As a result, they must be divided equitably. With child custody, the determination is based on the child’s best interest. Negotiating any of these agreements with a narcissist can be difficult.
Narcissism and amicable settlements are not terms that go hand in hand. Many times, narcissists have a lack of empathy for others. They will try to fight for a settlement that is in their best interests while trying to “win” the case. Along the way, they will manipulate the situation to benefit their needs, regardless of whether it hurts their ex and children.
How to Negotiate Child Custody with a Narcissist
During a divorce, it can be difficult to negotiate terms of child custody. When the other parent is a narcissist, that leads to even more challenges. Those narcissistic tendencies complicate the negotiation process. And they can leave you feeling trusted. However, there are ways to handle these types of individuals. Here are a few points to keep in mind when it comes time to negotiate child custody with a narcissist
Get Ready for a Legal Battle
Unfortunately, narcissists often show their true personality after you have built a relationship with them. Sometimes, you may have a child or several children with them. If you want to break free, negotiating child custody is one important step in the divorce process.
Narcissists often prioritize their own needs and desires over the well-being of others. In turn, that can make any negotiations challenging. They may exhibit manipulation and a lack of accountability, undermining your abilities as a parent.
How to Initiate a Divorce With a Narcissist in Texas
When you make the decision to divorce, the process is never easy. There are always issues or concerns that can come up. If your ex-spouse is narcissistic, then that can complicate the matter. Initiating a divorce with a narcissist in the Lone Star State requires you to balance legal protocols and psychological resilience. Here are a few tips to help you start the divorce process with a narcissist in Texas.
What You Can Expect During This Time
Unfortunately, a narcissist can cause plenty of problems when it comes to your divorce. These individuals lack empathy and have an inflated self-importance. Along with that, they have an insatiable need for admiration. All those personality qualities can turn a divorce into a battlefield. They will use control tactics, manipulation, and emotional or psychological abuse to thwart your efforts to seek an amicable separation.
What Not to Do When Divorcing a Narcissist in Texas
Any divorce can be a mentally and emotionally draining process. However, when your spouse is a narcissist, your journey could be filled with manipulation and power struggles. When locked in a divorce process with them, you will want to avoid certain pitfalls. Here are a few things that you will not want to do when divorcing a narcissist.
Underestimate the Tactics of a Narcissist
You may think that a narcissist will not be able to sway the courts or a judge to their side. However, these individuals are very cunning. They will use all types of tactics to manipulate people or project a charming facade. If you are heading to a divorce with this person, be prepared for their attempts to control the narrative. They are not above using emotional blackmail or spreading false information to achieve their objectives.
No Documentation
Unfortunately, narcissists often thrive on ambiguity. If you do not have the proper documentation of their behavior and actions, it could mean a problem for your case. You need to keep a detailed record of all communications, financial transactions, and incidents of emotional or physical abuse. This documentation can be invaluable when building your case in court. Plus, it can help counter any false claims made by your spouse.
How Much Is a Family Lawyer in Texas?
Any issue involving divorce or child custody often requires the help of a family law attorney. These individuals CAN make sure that your rights are protected throughout these long and complicated processes.
However, before you hire a lawyer for your case, you need to know more about the costs. Many times, the rates for their services can vary depending on their experience and the case’s complexity.
If you want a general idea about the potential expenses in these cases, here is what to expect when hiring a family lawyer in the Lone Star State.
What Is Family Law?
Family law attorneys handle a wide range of issues, such as:
- Child custody and support
- Divorce
- Alimony or spousal support
- Property division
As you can imagine, the most experienced attorneys will cost more than a recently graduated lawyer. However, with those costs, you are paying for their skills and knowledge. In some cases, hiring a more reputable attorney will help quickly resolve the legal matter. In turn, that could save on legal expenses in the long term.
What Qualifies a Spouse for Alimony in Texas?
Along with child support and custody, the financial aspects of a divorce can be a source of contention. Spousal support, or alimony, is designed to give economic aid to one spouse who may not have the financial means after divorce. In Texas, there are required qualifications to receive alimony in the state. If you want to know what you could receive or have to pay for spousal support, here is the criteria determined by the courts in the Lone Star State.
The Duration of Marriage
The marriage’s length is one of the primary factors for alimony awards. Often, a longer marriage has a higher likelihood of one spouse receiving support. Most of the time, Texas courts will grant alimony if the union has lasted for 10 years or more. However, these are not strict rules, and other factors could influence the court’s decision.
Earning Capacity Disparity
If one spouse earns less than the other, that is a disparity in earning capacity. The courts consider whether the individual has limited educational or career advancement opportunities. Those factors can help the court decide in the requesting spouse’s favor.
Understanding the Different Types of Child Custody in Texas
Child custody cases can be emotionally charged and legally complex, especially in a vast state like Texas, it is crucial to understand the types of child custody arrangements that are available. In Texas, the family court system aims to prioritize the best interests of the child while considering various factors. The different types of child custody, legally known as conservatorship, in Texas, these are sole managing conservatorship, joint managing conservatorship, and possessory conservatorship.
Sole Managing Conservatorship
Sole managing conservatorship is what sole custody is in other states. This arrangement grants one parent the exclusive right to make significant decisions for the child, such as those related to education, medical care, etc. The non-custodial parent, referred to as the possessory conservator, typically retains visitation rights, allowing them to spend time with the child. There are multiple reasons why a judge might name a parent the sole managing conservator, these include absence in the child’s life, alcohol or drug abuse, or family abuse of the other parent.