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Plano Family Law Blog

Surviving divorce during the holiday season

The holiday season is important to many of our Texas readers. They enjoy spending time with family and friends, and of course, giving and receiving gifts.

Unfortunately, some people find themselves going through divorce during the holidays. While this can be a difficult situation, it doesn't have to be the end of the world. There are steps you can take to enjoy this time of the year, even though your personal life is going through a big change.

How does guardianship work in Texas?

We talked a couple of weeks ago about the guardianship process in Texas and how parents are often considered the best choice for guardians. However, the guardianship process is an important process when it comes to placing children and those with disabilities into the care of a relative or other person who is not a parent. Family, friends or interested parties are called applicants, and they can request to become permanent guardians of the children or other people in question. There are many documents that must be submitted for the guardianship to be approved, and not all are listed in this blog post.

In Texas, there are some restrictions on guardianship. For instance, the applicant needs to have had a physician's appointment and examination completed within four months prior to the application. Additionally, if the ward in question is intellectually disabled and has not been evaluated, he or she will need to go through a mental health evaluation before a guardian can be appointed.

Guardianships and other family law concerns

As one of our Texas readers, you may be aware of the many laws in the state that govern divorce, child support, guardianship, adoption and other family law issues.

If you are thinking about making a major life change, such as a divorce or adopting a child, you need to know your rights as well as the steps you will be forced to take in the months to come.

A ward's best interests: Guardianship in Texas

Guardianship is something that typically arises out of necessity in Texas. For example, if a child's parents are both killed or pass away, a guardian will need to be appointed for that child. A guardian doesn't just care for the child in question, though; the guardian is also responsible for caring for the child's inherited assets and making legal decisions. The child, in these cases, is named as a ward of the guardian.

The best interests of the minor are vital in cases where a guardian must be appointed. A guardian can be chosen by the ward, could be a parent or other relative or could be a state employee or other person familiar with the ward. If a parent is still alive, the parent will be the first person considered as the guardian of the child. If the parent isn't fit to parent the child for whatever reason, another guardian will have to be chosen.

What factors contribute to higher risk of divorce?

When two people get married, they hope that their union will last forever. While many people remain married until the day that one party passes on, others are not nearly as fortunate. Instead, something gets in the way that causes them to part. Both parties are then forced to deal with the divorce process.

There are many factors that contribute to a higher risk of divorce, with a study by Utah State University taking a close look at this. Here are some of the factors to be aware of:

An important step to take following divorce

Any of our Texas readers who have gone through the divorce process are well aware of what it entails. As stressful as this may be, it does not mean your life has come to an end. In fact, you are now in position to start fresh and make changes for the better.

One of the most important steps to take following divorce is to work on yourself. With the right level of self-esteem and self-confidence, you will have an easier time moving forward with your life.

Stand up for your child custody rights in Texas

When you're going through a divorce in Texas, you probably have a lot of questions about what will happen to your children and how you will split up your marital property. Fortunately, with the right help, it's easy to work out exactly what you want and to have the help needed if your ex doesn't want to give you what you need. You deserve to have parenting time with your children; you have in the past, and there is no reason you shouldn't spend time with them now.

When you have children, you may want to seek child support, a modification in child support or the enforcement of child support. You could want to change visitation rights or seek custody of your child if you weren't given full custody rights.

What children need during the divorce process

As one of our Texas readers, you don't dream of going through the divorce process. While some people are able to move on from a partner in a fast and efficient manner, others are in a much more difficult position because one or more child is involved.

When a couple goes through divorce, any children involved are going to be faced with a variety of challenges. Along with this, they will be put on an emotional roller coaster that they may not know how to deal with. As a parent, you must have a plan in place for helping your child make it through the divorce process.

Are there different kinds of child custody in Texas?

Child custody comes in many forms in Texas and other states. You may think of it as either being joint or sole custody, but there are different types than those and a variety of differences even in joint or sole custody cases. Physical custody, for instance, is the most commonly known type. This is when a parent has physical custody of a child and can have the child live with him or her. Joint physical custody is also possible. This type of custody is when both parents are allowed to have their children with them for shared time.

Another kind of custody is known as sole custody. This is when a child will primarily live with only one parent. The other parent will have limited custody or visitation rights in most cases. Sometimes, the other parent isn't in the picture or doesn't have visitation rights due to a number of reasons.

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