Category: Texas Family Law

Family Law Attorney Accepting New Clients

Posted by Renken Law Firm on June 11, 2023

When facing the complexities of a divorce, it’s crucial to have the support of the best Houston divorce attorney who understands your unique circumstances. With an experienced divorce attorney by your side, you gain invaluable knowledge and guidance to reach a resolution that addresses the needs of your family. At Renken Law Firm, our dedicated divorce attorneys act as your ally and advocate throughout the entire process.

Our priority is to facilitate amicable and mutually agreeable settlements for every client we represent. Whether you opt for divorce mediation or require assistance with contested divorce, our team of specialists in Houston, TX offers unrivaled services. We are committed to protecting your rights and assets during this challenging time.

In addition to traditional divorce methods, we excel in providing the best divorce mediation services in Houston, TX. Divorce mediation offers a more cost-effective and private approach, allowing the divorcing parties to determine the final terms of their divorce. To explore this option further, we encourage you to contact our office and learn more about our mediation services.

Renken Law Firm understands that many individuals hesitate to initiate the divorce process due to uncertainty and concerns about excessive legal fees. We assure you that our Houston, TX team is dedicated to your success and has a proven track record of achieving client satisfaction.

We recognize the emotional toll that divorce takes on families, and we strive to make the process as smooth as possible. Whether your case involves mediated or contested divorce, our attorneys will provide unwavering support every step of the way until your divorce is finalized. Take the first steps toward filing for divorce in the state of Texas by scheduling a consultation with our legal team at Renken Law Firm today.

Is Texas an At-Fault State?

In the state of Texas, divorce proceedings do not require spouses to provide a specific reason or cause for seeking the divorce, making it a “no-fault” state. However, it is important to note that if one spouse is at fault for the breakdown of the marriage, it may be considered by the court when dividing property. This means that the at-fault party may be responsible for providing more to the other spouse. Although fault grounds are not mandatory, it is advisable for spouses to include them in their divorce petition.

At Renken Law Firm, our mission is to advocate for families and help them make the best decisions for their unique circumstances. Our top priority is protecting the best interests of any children involved in the divorce. Our dedicated legal team is committed to achieving the best possible outcomes for you and your family. Whether you are contemplating filing for divorce or currently going through the process, contact Renken Law Firm for assistance. We will guide you through this challenging time and ensure that you consider all significant factors that may impact your finances or family dynamics. Reach out to us today to learn more about our comprehensive family law services and how we can support you.

By working with an attorney from Renken Law Firm in Houston, TX, to assist you in finalizing your divorce agreement and determining what is best for your situation, you can safeguard your rights and protect your assets. Avoiding the need to return to court for amendments after the divorce is finalized is essential. Let our experienced team at Renken Law Firm ensure that your divorce agreement is drafted correctly from the start, tailored to your needs. We are fully committed to achieving optimal outcomes for you and your family. Whether you are initiating a divorce or already in the process, contact Renken Law Firm. We will provide guidance during this challenging time and closely collaborate with you to address any significant factors that may have long-term financial or family implications.

Contacting a Family Law Attorney in Houston

Renken Law Firm is a trusted resource for family law matters in Houston, TX. Our team of family lawyers is dedicated to providing personalized attention as you navigate through complex family issues, such as custody disputes, divorces, and other familial conflicts. We offer a range of services, including family mediation and adoption, aiming to help our clients find resolutions without the need for costly court litigation. Our clients engage our family law attorneys at Renken Law Firm to ensure the protection of their rights and the best interests of their families.

While every family law case is unique, understanding the process can alleviate some of the stress and anxiety that accompanies it. At Renken Law Firm, we have a team of committed professionals who will guide you through every step of your case, from beginning to end. We believe that knowledge is empowering, and we will tirelessly work to provide you with the information and support necessary to make informed decisions for yourself and your family. Contact us today to schedule a consultation, where we can discuss your individual situation and address any questions you may have.

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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Should I Hire a Family Lawyer?

Posted by Renken Law Firm on June 8, 2023

Renken Law Firm, a specialist in family law in Houston, can provide valuable support and advice during challenging family disputes. Whether you’re going through a divorce, require assistance with will drafting, or dealing with other family matters, our experienced family law attorneys are equipped with the knowledge to help you achieve a favorable resolution. With a deep understanding of family law principles, we are committed to effectively guiding you through any legal family issues that arise, aiming to secure the best possible outcome for you and your family’s unique needs.

What Does a Family Law Attorney Do?

Family law encompasses a wide range of matters, including marriage, civil unions, adoption, guardianship, and family disputes. The family court system ensures equitable, timely, and reasoned handling of family-related court proceedings. Family law also addresses crucial aspects such as divorce, spousal support, property division, child custody, visitation rights, and relocation.

When dealing with family law matters, it is crucial to have a comprehensive understanding of your rights, obligations, entitlements, and the applicable family laws governing your case. Each family’s circumstances must be considered to reach fair and just agreements for all parties involved.

At Renken Law Firm, our team stays up to date with the latest knowledge of state laws and regulations to effectively mediate on behalf of families in Harris County. With years of professional experience, we recognize the stress involved in navigating family issues. Therefore, we strive to provide high-quality advice with compassion and understanding.

How to Find the Best Family Law Attorney

Finding the right family lawyer for your legal needs in Houston may seem overwhelming due to the numerous family law firms available. However, with proper research and strategy, you can ensure that you find the family law specialist who best suits your requirements. Start by assessing your family’s legal needs and researching relevant family laws pertaining to your situation.

Once you have a clear understanding of what needs to be addressed, seek referrals from family, friends, or reputable sources in the local community to gather insights into the family law firms that should be further researched and considered. Additionally, online research can provide valuable information about family law attorneys practicing in Houston that should not be overlooked. Take your time to understand the backgrounds and qualifications of multiple family lawyers, enabling you to make an informed choice aligned with your family’s specific legal goals.

If you find yourself in need of legal assistance for a family-related matter in Houston, Texas, it is crucial to hire a qualified and experienced family law attorney who can provide you with the necessary guidance and support. Whether you are facing a complex divorce or seeking resolution in a child custody dispute, an adept attorney will utilize their knowledge and expertise to safeguard your rights.

When dealing with family law, it’s important to have a clear understanding of what to expect. Although the intricacies of family law can be overwhelming, there are ways to navigate through it successfully. Family law encompasses the legal rules and procedures concerning relationships within families, including marriage, divorce, custody, support matters, and more. Each family law case is unique and may require different procedures to reach an agreement that satisfies all parties involved. Whether you are contemplating marriage, going through a divorce or separation, seeking family-related advice, or involved in a child custody dispute, family law provides a framework to protect your rights and interests in any circumstance.

Contacting a Family Law Attorney in Houston

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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When Should I Hire a Family Attorney?

Posted by Renken Law Firm on May 21, 2023

What is Family Law?

Family law consists of a body of statutes and case precedents that govern the legal responsibilities between individuals who share a domestic connection. These cases usually involve parties who are related by blood or marriage, but family law can affect those in more distant or casual relationships as well. Due to the emotionally-charged nature of most family law cases, litigants are strongly advised to retain legal counsel.

The vast majority of family law proceedings come about as a result of the termination of a marriage or romantic relationship. Family law attorneys help their clients file for separation or divorce, alimony, and child custody, visitation, and support. Spouses married a short time may seek an annulment, and special rights may exist between same-sex couples. The division of property at the end of a marriage is also a common issue in family law cases.

With respect to property division at the time of divorce, every state has a comprehensive set of laws in place to determine the rights of the parties. However, couples who do not agree with the default rules in their state can “opt-out” by hiring a lawyer to draft a prenuptial agreement. Absent fraud or duress, courts will enforce these premarital agreements upon divorce, and distribute property and financial support accordingly.

Family law also involves the prevention of physical and emotional abuse. The potential for domestic abuse is not limited to relationships between current or former spouses and their children. Judges will not hesitate to assert jurisdiction to protect an elderly family member, someone in a dating relationship, or even a roommate. When allegations of abuse are made, the court will typically issue a restraining order to prevent further contact.

When Should I Hire a Family Attorney?

There are many different family law issues that hiring a family attorney can help you to navigate. Listed below are some common situations in which you might benefit from hiring a family attorney:

Divorce: Are you currently going through a divorce? A family attorney can help you navigate the legal process, including division of assets, child custody and visitation, spousal support, and child support. They can guide you through negotiations, represent you in court if necessary, and ensure your rights and interests are protected throughout the divorce process.
Child Custody and Visitation: Hiring a family lawyer is a great idea anytime disputes arise regarding child custody and visitation arrangements. Your attorney will work with you to understand your rights and work toward a resolution. They can assist in establishing or modifying custody agreements, creating parenting plans, and representing you in court proceedings. Even if you do not expect a lengthy child custody battle, hiring a family law attorney can help you.
Child and Spousal Support: If you need to establish, modify, or enforce child support or spousal support (alimony), a family attorney can provide guidance. They can help calculate appropriate support amounts, ensure compliance with legal requirements, and assist with enforcement if the other party fails to meet their obligations.
Adoption or Guardianship: The adoption process can be complex and involve legal requirements. A family attorney can guide you through the legal steps, including filing necessary paperwork, facilitating background checks, and representing you in court. Similarly, if you’re seeking guardianship of a minor, a family attorney can help navigate the legal procedures.
Domestic Violence or Restraining Orders: If you are a victim of domestic violence or need to obtain a restraining order, a family attorney can provide valuable assistance. They can help you understand your rights, file the necessary paperwork, and represent you in court hearings.
Prenuptial or Postnuptial Agreements: A family attorney can assist you in drafting and negotiating prenuptial or postnuptial agreements, which define the division of assets, spousal support, and other financial matters in the event of divorce or separation.
Estate Planning: While not exclusively a family matter, estate planning often involves decisions that impact family members. A family attorney can help you create or update important documents such as wills, trusts, powers of attorney, and healthcare directives.

It’s important to hire an experienced family attorney who specializes in the specific area of law that corresponds to your situation. They can provide personalized advice, guide you through the legal process, and represent your best interests.

Divorce Attorney for Mediation in Houston

Attorney Dawn Renken is a practicing family law attorney in Texas, who specializes in divorce cases in Houston, TX. Attorney Renken received her mediation license through ADR Services International Inc. in 2014. Since this time, she has worked with a wide range of divorcing couples looking for alternatives to traditional courtroom divorces.

Divorce Mediator Houston Texas

We are fully prepared to help you navigate the specifics of your case. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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Enforcing Child Support Payments in Texas

Posted by Renken Law Firm on April 18, 2023

Unfortunately, just because a court orders a parent to pay child support does not mean they actually will. Enforcement actions can be taken by the attorney general in order to collect court ordered child support when a parent fails to pay. Read below to learn more about how child support agencies enforce court orders to collect support payments in the state of Texas.

Tools for Collecting Child Support

Child support agencies have many tools for enforcing child support orders. Here’s a breakdown of some of the most common methods CSS uses when attempting to collect past-due child support.

Wage Withholding

All child support orders include the enforcement tool of immediate wage withholding (also called “wage deduction,” “wage garnishment,” and “income (or earnings) assignment”). The state can order the obligor’s employer to deduct the child support amount from the obligor’s paycheck. Employers must deduct the payment from the obligor’s paycheck just like any other payroll deduction (such as income tax or social security). Depending on the order, the employer will send the payment to either the local child support office or the custodial parent.

Wage withholding is very effective when the obligor has a regular job with a steady, predictable paycheck. However, it often isn’t the best enforcement method when the obligor changes jobs often, is self-employed, or is unemployed. When that’s the case, other tools come into play.

Withholding Other Income

Wages aren’t the only income that state agencies can withhold to cover unpaid child support. CSS may also order that money be withheld from payments such as commission income, employment bonuses, and pension benefits.

State child support agencies can also participate in the Administrative Offset Program. This program allows interception of certain federal payments, such as pay to vendors who perform work for a government agency and federal retirement payments.

Tax Offsets

State child support agencies can report parents who haven’t paid child support to federal and state tax agencies.

Federal Income Tax Returns

Under the federal Treasury Offset Program, state child support enforcement agencies may report parents who fail to pay child support to the federal Treasury Department. The Treasury Department may then withhold refund payments for federal tax returns and other government payments, and apply the money toward overdue child support.

Sometimes, parents who owe child support receive a refund based on a joint tax return—perhaps because they’ve remarried and filed a joint tax return with the new spouse. In most states, the parent who’s owed support may collect only from the portion of the joint return that’s based on the obligor’s income. Note, however, that community property laws might affect whether a new spouse’s share of the tax return can be applied toward the obligor’s unpaid child support. (For more information about how tax offsets can be taken against tax returns where you live, and how you can make sure the IRS takes only the obligor’s share of the tax return, see the IRS’s instructions for Form 8379 (Injured Spouse Allocation).)

State Income Tax Returns

Every state that collects income tax is required to offset state income tax refunds when a parent owes child support. Similar to the situation with federal tax refunds, most states may withhold money only from the portion of the return that’s based on the obligor’s income if the obligor has remarried and is filing a joint return. (

License Suspensions and Revocations

One of the most effective ways of obtaining past-due child support payments is to have the state revoke or suspend an obligor’s driver’s license. CSS also has the power to order withholding, suspension, or even revocation of a delinquent parent’s professional license (such as a medical, legal, cosmetic, or real estate broker license) or recreational license (such as a hunting or fishing license).

For obligors who are sincerely trying to earn money to pay back child support, losing a license to drive or practice a profession might actually make it harder to do that. After all, these types of licenses are usually critical to the person’s ability to make money. CSS often won’t use this penalty if it’s not in the child’s best interest to do so.

For other obligors, though, losing a driver’s license or a professional or recreational license is a powerful incentive to pay the amount due.

Liens

If the obligor parent owns real estate or certain other types of property (like a car), child support payments can be enforced by placing a lien on the property. Every state has its own laws on who can file a child support lien. In some states, the parent who’s owed money may file the lien; in others, only a child support agency may file one. The holder of a lien has a claim on the property, and the obligor usually can’t sell the property without paying off the lien. In rare cases, the holder of a lien has the right to force a sale of the property to pay off the lien.

One of the downsides of a lien is that it doesn’t lead to an immediate payment. The parent who’s owed support usually has to wait until the obligor sells the property or is able to pay off the lien without a sale.

Bank Account Freezing and Attachments

CSS has the power to freeze an obligor’s accounts held by certain financial institutions (such as banks, credit unions, and insurance companies). When a child support agency freezes an obligor’s bank or other financial account, the obligor can’t use the account until the debt is paid off. In some states, after the account has been frozen for a period of time (such as 30 days), and the obligor still hasn’t paid the debt, the financial institution may seize (withdraw) the amount owed from the obligor’s account and send it directly to the child support agency.

Another option available to CSS is to “attach” or seize other property the obligor owns to cover the unpaid child support. In that situation, the obligor will have to either sell the item and apply the proceeds to unpaid child support, or transfer ownership of the item to the custodial parent.

Passport Restrictions

When a parent owes at least $2,500 in child support, CSS can submit the parent’s information to the federal Office of Child Support Enforcement (OCSE). OCSE can then submit the parent’s information to the Department of State, which can reject the parent’s passport application. Sometimes, the child support agency can attempt to get a federal warrant that gives the Department of State the power to revoke an obligor’s passport and arrest the parent when they try to re-enter the United States.

Contempt of Court

When none of these enforcement methods work, the custodial parent (on their own or with the help of an attorney) may take the obligor to court. After hearing the evidence, a judge may then find the obligor “in contempt of court”—in other words, guilty of ignoring the court order requiring payment of child support. A contempt can result in fines or even jail time.

If you’re the custodial parent, you should consult with CSS before taking this drastic step. Many states won’t allow you to pursue a contempt case until you’ve worked with CSS and attempted all other reasonable collection methods.

Other Consequences of Failing to Pay Child Support

On top of all of these enforcement tools, CSS is required by federal law to report late child support to the major credit bureaus (Equifax, Experian, and TransUnion) every month. That means that anyone who’s delinquent in paying child support will take a major hit to their credit score. Having a low credit score can make it difficult to obtain a loan (for a car or house, for example) or obtain credit.

Divorce Mediator Serving Houston Texas

Renken Law Firm is here to help couples who wish to dissolve their marriage, whether that be through divorce or legal separation. We are here to help those who are ending marriages that have been contested, uncontested, or collaborative. We are fully prepared to help you navigate the specifics of your case. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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Tips for Helping Your Child Through Divorce

Posted by Renken Law Firm on April 5, 2023

It is no secret that divorces are difficult, not just for those going through it, but also for other family members, especially children. In order to make the process easier on your child, it is a good idea to take steps to make your child feel like they can express their true feelings and reassure your child every step of the way.

Children cope with divorce in different ways, some may feel anxious, others may benefit from joining a support group, some may be happier that their parents are getting divorced. Whatever the case is, encouraging your child to talk and spend time with both their mom and dad can help them through this emotional transition.

Psychology Today shares the following strategies for helping your kids adjust to a divorce:

1. Explain the divorce in a simple, straightforward way. When possible, both parents should talk over how to explain the situation and have the discussion with the children jointly. They can explain, for example, “Mommy and Daddy fight all the time and it makes us all unhappy. We’ve decided it would be better for all of us if we live in separate houses.”
2. Reassure your children that they will always have both parents’ love and explain how things will work. For instance, “You will spend every other weekend and Thursday nights with Daddy. The rest of the time you will be with Mommy.” For young kids, you can play out the new arrangement with dolls or stuffed animals. Putting up a calendar also helps the kids feel more reassured that they will have time with both of their parents.
3. Talk about the emotions that kids naturally feel under these circumstances. You might explain, “It is normal to feel sad and angry about a divorce. These feelings are hard to deal with alone. When you feel angry or sad tell Mommy or me. You can say, ‘I feel sad,’ or ‘I need to talk,’ and ‘we’ll help you.’” Encourage your kids to have an on-going dialogue with you and demonstrate that you accept any feeling they have. Sometimes kids keep their feelings inside because they do not want to upset you. Check in with your kids frequently by asking, “How are you feeling about the divorce?”
4. Reassure your kids that the divorce is not their fault. Kids tend to be “egocentric” and believe that their behavior or thoughts cause bad events. They need to know that the adults have made this decision based on their relationship and it has nothing to do with them.
5. Avoid talking badly about the other parent or blaming the individual, even if you are angry. Children love and need both of their parents. They can easily experience a loyalty conflict and feel badly and this will deter an open dialogue. Children need to feel both of their parents are valuable because each child is a composite of their two parents.
6. Give your children ample advance notice before a parent moves out. It works really well if the children are able to visit the second home and know where they will sleep when they visit. It is wonderful to involve the children in helping to furnish the apartment and bring over some of their possessions.
7. It can be very helpful if you work with a parenting expert, or a family therapist who has experience with divorce and can give you guidance on how to handle tough situations that arise. Children also gain a great deal from talking to a therapist on their own. They often are freer to express feelings that they think will hurt their parents.
8. Be aware that when a family is going through a divorce, children can act up, withdraw or regress. It’s not uncommon for children to wet their bed, or refuse to listen. They will need extra time, support, and open communication. Over time these symptoms will dissipate as they adapt to the changes. Planning some favored family events will give the kids the feeling that life will go on as usual.

If you are considering divorce, reach out to our law firm today. We can help you prepare yourself for the changes that come with divorce and get you started filing the necessary paperwork to make your divorce official.

Experienced Family Law Attorney in Houston, TX

At Renken Law Firm, we work with our clients to help them navigate the divorce process. We understand how complicated and emotionally draining this experience can be, this is why we work with you every step of the way. Contact our law office to explore your options for traditional marriage divorce and common law divorce, and find out how we can help you resolve any legal problems you are currently facing.

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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Do I Have to Pay Child Support Without a Job?

Posted by Renken Law Firm on March 24, 2023

Many parents wonder, ‘Do I Have to Pay Child Support Without a Job?’ The answer to this situation is that even if a noncustodial parent is unemployed, they will still owe child support. There are few exceptions to this rule. Speaking with an experienced attorney can help you make the best choices for your unique situation.

What is child support?

Child support is money a parent pays to help with the cost of raising a child. This includes costs like food, housing, clothing, school supplies, daycare, and activities.

A court can order one parent to pay child support to the other parent. The obligation to pay child support begins when the judge signs an order.

A court can sometimes also order a parent to pay retroactive or “back” child support. Texas law expects both parents to provide financial support for their child, even without a court order. A court could order a parent to pay back child support if:

They do not live with the child; and
They have not helped support the child financially.

Who pays child support? Who receives it?

In most custody arrangements, a child lives with one parent most of the time. This is the “custodial” parent. The “non-custodial” parent has visitation rights on a regular basis.

The non-custodial parent (the “obligor”) has the obligation to make child support payments. The custodial parent (the “obligee”) has the right to receive these payments.

How can I get child support?

A court can order child support as part of the following legal proceedings:

Divorce;
Child custody case, also known as a Suit Affecting the Parent-Child Relationship (SAPCR);
Paternity case;
Family violence protective order case; or
Modification case, if a court order affecting the child is already in place.

What if the obligor is unemployed or underemployed?

If the obligor does not have a job, the court can base child support on the amount the obligor would earn at a full-time minimum-wage job. The current minimum wage is $7.25 per hour or $290 per week before taxes. This presumption does not apply if the obligor is in prison or jail for at least 90 days.

Intentional unemployent or underemployment can be a different story. If an obligor could earn more money but chooses not to, the court can look at their earning potential.

Suppose for example, that a parent has earned a good salary for many years. At some point before the court orders child support, they quit that job and take a new job with a fraction of the pay. The purpose of child support is to benefit the child. The parent’s reasons for the change in employment are not as important as the effect on the child. The court will consider whether the obligor is trying to avoid child support. They can consider how much the parent could be making when setting the amount.

What if the obligor goes to jail or prison?

Texas law states that a judge should not order child support if:

The obligor is in jail or prison at the time the court is making the order; and
They will continue to be in jail or prison for at least 90 days.

Either parent can file to establish child support when the obligor gets out. This often involves filing to modify an existing custody order.

An existing child support obligation does not end if the obligor goes to jail or prison. A sentence of at least 90 days, however, is a “substantial and material change in circumstances” that would justify a change in the amount of child support. Either parent can file a motion to modify. A court might reduce the amount the obligor must pay, or it can temporarily suspend payments until the obligor’s release.

If you are facing divorce, it is highly advised that you speak with legal counsel immediately. Renken Law Firm, PLLC is well-versed in the Texas divorce process. The team of compassionate and knowledgeable Houston attorneys know what it takes to aggressively pursue favorable solutions for their clients in the courtroom and ensure that their interests compellingly put forth before the judge.

Affordable Family Lawyer in Houston, TX

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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Can I Take Custody of My Grandchild?

Posted by Renken Law Firm on March 22, 2023

Are you a grandparent that has concerns about the quality of care your grandchildren are receiving? Are you looking to gain custody of them? If so, below is a basic understanding of how the law works surrounding grandparents right and their ability to take custody. For more detailed information contact Renken Law Firm in Houston.

When can a grandparent obtain custody of a grandchild?

Parents’ rights to rear and raise their own children are one of the oldest and most fundamental rights. A court can’t interfere with the parent-child relationship unless a parent is unable to meet the child’s basic physical and emotional needs. Thus, a grandparent can only obtain custody of a grandchild when:

the grandchild’s current home environment presents a serious concerns regarding the grandchild’s physical and emotional welfare, or
one or both parents has consented to a change in custody.

A grandparent may seek custody by intervening in a custody action filed by the state or by the parents. Grandparents don’t have standing to bring original custody suits against a grandchild’s parents. Instead, a grandparent’s request for custody must be filed as part of an existing custody case.

A grandparent’s rights over a grandchild are always secondary to a parent’s rights. However, a child’s best interests will determine if an award of custody to a grandparent is appropriate. Although a parent’s rights to a child are significant, a parent’s own actions can result in a termination of those rights.

Can a biological grandparent obtain visitation with an adopted child?

Adoption is a permanent termination of a parent’s rights to a child. Grandparent rights come through a parent’s rights. Thus, adoption severs a grandparent’s ability to seek visitation with a grandchild. One exception is in the case of stepparent adoption. However, even then, a grandparent must still prove that visitation serves the grandchild’s best interests and doesn’t substantially interfere with the stepparent-child relationship.

A grandparent plays a special role in a grandchild’s life. Both children and their parents benefit from involved grandparents. However, in cases where parents divorce or separate, a grandparent’s contact with a grandchild may be quickly cut off. Yet, there is legal recourse for grandparents who want to maintain contact with a grandchild. If you have additional questions about grandparent visitation rights in Texas, contact a local family law attorney for advice.

Grandparent Visitation in Texas

Under Texas law, grandparent visitation rights are well established. A grandparent can petition the court to establish visitation rights with a grandchild or to modify an existing visitation order. Before a judge will award visitation privileges, the grandparent must prove that visitation is in the child’s best interests. Specifically, Texas’ grandparent statute allows visitation (also called access) when:

at least one biological or adoptive parent still has parental rights over the child
the grandparent seeking visitation shows that a denial of grandparent visitation would harm the child’s physical health or emotional well- being, and
the grandparent seeking visitation is the parent of the child’s parent, and the child’s parent:
has been incarcerated in jail for at least three (3) months
has been declared mentally incompetent by a court
has died, or
does not have actual or court-ordered visitation with the child.

Grandparents Rights Attorney in Houston, TX

Working with a knowledgeable and experienced attorney can help you to navigate the complexities of court ordered visitation or access to a grandchild. As a general starting point, it should be noted that the United States Supreme Court has ruled that grandparents do not have a Constitutional right to see or visit grandchildren. This is based on the general presumption that since parents have an automatic right to determine the best interests of their children, they are entitled to decide who does or does not have contact with their children.

In Texas, grandparents rights generally refers to access or possession of a child. As long as a parent approves, grandparents can usually visit their grandchildren at any time. However, problems arise when parents restrict grandparents’ visitation or contact with the grandchildren. Since Texas law does not legally entitle them to see their grandchildren, some grandparents may choose to try and get a court order allowing visitation.

This can be difficult to do on your own. If you are a grandparent trying to gain further access or custody of your grandchild, reach out to the attorneys at Renken Law Firm. We work with you to promote the best interests of the child or children involved on a long term basis.

Affordable Family Lawyer in Houston, TX

Our team proudly serves the Greater Houston area. All marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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How to Handle Summer Visitation as a Divorced Parent?

Posted by Renken Law Firm on March 12, 2023

It is common for children of divorced parents to spend more time with their non-custodial parent during the long summer months. While this can be a great chance for your child to spend quality time with their other parent, it can also be a source of anxiety and stress on the parent with primary custody, and in some cases the child as well.

Listed below are some tips on how to handle long summer visitations.

Set Your Mind at Ease

When your child is preparing to go away for summer visitation, do some advance planning that will help you feel comfortable with the vacation or the trip. Find out where your child is going and get the contact information. Ask questions so you know what the plan is. If your child will be traveling, get the details of the itinerary.

Make sure your ex understands your child’s capabilities when it comes to swimming, hiking, or other activities. If your child is going to another state to stay with your ex, find out who will provide child care while your ex is at work.

Stay in Touch

If your child is in elementary school, this might be a good time to get him a cell phone. That way, you can reach him directly without having to go through your ex and you’ll have the peace of mind of knowing you can call at any time. Stay in touch, but don’t call several times a day. You have to let go a little and let your child and ex have time together without you involved.

Find out if your child will have internet access. If so, set up an IM or Skype account so you can reach each other that way. If not, you could send your child with some stamps and stationery so he could send you a note or a drawing.

Pack Well

Help your child pack for the time away. Make sure all essentials are included, including

prescription medications,
glasses,
retainers,
rubber bands for braces,
summer reading requirements,
sunscreen,
special stuffed animals,
favorite toys,
clothing appropriate for the weather,
and personal care items.

If your child will be traveling, don’t assume your ex will think to pack children’s pain reliever, dental floss, water shoes, or other important items. Talk with your ex about making sure your child follows her routine and takes her meds, brushes her teeth, wears sunscreen, and so on.

Prepare Your Child

Depending on the age of your child and whether he has been away from you before, this could be a difficult separation. Remind him he is going to be with the other parent who loves him and is so excited to be able to spend time with him.Tell him you’ll miss him and he’ll miss you, but you’ll be together again very soon.

Do not dwell on how hard the separation will be for you. That is not your child’s burden to carry. Instead, give him permission to enjoy himself and have fun. Be happy he is about to have this experience.

Additionally, you will want to ensure your child feels like they are able to reach out to you at any time while they are away. Even if they are thrilled to spend time with their other parent, it is not unusal for a child to take time to adapt to an environment outside of their day-to-day home. Encourage your child to make the most out of their time with the other parent to help ease any anxiety or stress they may be feeling.

Having a strong co-parenting relationship can help to make summer vacation a breeze for your child. Both separated parents should come together to help their children enjoy the time they get on summer break. If your divorce agreement does not include visitation schedules with extended periods of visitation during summer, you may be able to make an amendment to your child custody. Schedule an appointment with one of our divorce lawyers today to learn more about how you can get a custody schedule that fits your child’s needs.

Experienced Family Law Attorney in Houston, TX

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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Can My Child Decide Which Parent They Want to Live With?

Posted by Renken Law Firm on February 1, 2023

It is the court’s primary focus to promote the best interest of all children involved in a custody case. This means, the court will make decisions they believe allow the child to develop safely even if they go against the child’s wishes. However, a child’s preference of home is one of the factors they will take into consideration when making their choice.

The Significance of “The Best Interest of the Child”

The previous section made reference to the phrase “the best interests of the child”. Texas law specifically states that the best interest of the child must be the court’s primary consideration in determining issues of conservatorship and possession of and access to the child.

To assist judges in making that determination, the Texas Supreme Court provided a list of factors for judges to consider. These include:

the child’s desires
the child’s immediate and future physical and emotional needs
any immediate and future physical and emotional danger to the child
the parental abilities of each parent
the programs available to assist parents who want to promote the best interests of their child
the plans each parent has for the child
the stability of the home or proposed home
any actions or failures to act that may indicate that the parents don’t have a proper parent-child relationship, and
any excuse the parents may have for those actions and failures to act.

The fact that judges interview children doesn’t mean they have to adopt the children’s wishes as the basis of a custody decision.

Will the Court Consider a Child’s Preferences?

Yes, if the circumstances warrant it. Notice that the first factor in the “best interests” list above is “the child’s desires” .The Texas statutes provide some guidance as to how a judge should approach this. Texas Family Code – Chapter 153, section 153.009 states that if a parent, or an attorney appointed by the court to specifically represent the children’s interest, requests that the judge interview a child 12 or older, the judge must do so. For a child under the age of 12, the statute leaves it up to the judge to decide whether to speak with the child.

The judge will conduct a child interview in chambers (meaning in the judge’s office). A judge will usually permit the parents’ attorneys, and any attorney representing the children, to be present for the interview. If the child is 12 or older, a court reporter will make a transcript of the interview if the attorneys request it, or if the court decides to order it on its own.

The fact that judges interview children doesn’t mean they have to adopt the children’s wishes as the basis of a custody decision. The reality is that the court will assess a child’s maturity level and ability to make a sound, well-reasoned judgment. The older the child, the greater the weight the court will likely give that child’s preference.

A judge will also try to ascertain whether a child’s expressed preference is based on a parent’s undue influence. So a court is likely to discount a child’s wishes if it determines that one parent was constantly disparaging the other in front of the child, or if it appears a parent attempted to buy-off the child, such as with promises of gifts.

When it comes to a child’s preference, the court will base any decision on “the best interest of the child” standard.

When Can a Child Decide Which Parent to Live With in Texas?

Children can make that decision only when they’re no longer considered minors, which ordinarily means they’ve reached the age of 18. This rule also applies to whether a child can refuse visitation (access time) with a parent. Before that age, the ultimate determination of whom to live or spend time with rests with the parents (if they can agree) or the court.

A question may arise as to whether a 16-year-old can choose which parent to live with in Texas. There’s an exception to the rule that a child must be 18 years old. That exception exists when a court declares a child to be “emancipated,” (In Texas, emancipation is formally known as “removal of disabilities of minority.”) If emancipated, children will have the same rights as if they were 18.

Under Texas law, the court can grant emancipation if the minor is:

a resident of Texas
17 years of age, or at least 16 years of age and living separate and apart from the minor’s parents, managing conservator, or guardian, and
self-supporting and managing the minor’s own financial affairs.

Can My Child Decide Which Parent They Want to Live With?

No, but their wishes will be taken into consideration when the court makes the final custody ruling.

Custody Lawyer in Houston, TX

Marriages are different, making each divorce equally unique with its own set of needs that must be addressed. Contact our law office to explore your options moving forward, and find out how we can help you.

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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Family Law Attorney Houston

Posted by Renken Law Firm on January 20, 2023

Family Law attorney Houston specialist, Renken Law Firm, can offer support and advice during difficult family disputes. Whether you are going through a divorce, need assistance when drafting a will, or are dealing with other family matters, our family law attorneys have the experience and the knowledge to help provide a favorable resolution. With our expertise and understanding of family law principles, we can effectively guide you through any legal family issues that may arise. We strive to ensure you are provided with the best possible outcome for you and your family’s unique needs.

What Does A Family Lawyer Attorney Do?

Family law covers a wide range of family matters, from issues related to marriage and civil unions to family disputes such as adoption and guardianship. The family court structure is the legal system where family-related court proceedings are held in order to ensure that family-related issues are dealt with in an equitable, timely and reasoned manner. Family law also involves important matters such as divorce, spousal support, division of property, custody, access to children and relocation.

When approaching family law matters it is important for individuals to have a good understanding of their own rights, obligations and entitlements as well as the family laws governing the case. In family law matters each family’s circumstances must be considered in order to reach agreements that are fair and just for all parties involved.

At Renken Law Firm, our team is well-versed on the latest knowledge of state laws and regulations to effectively mediate on behalf of families throughout Harris County. With years of professional experience under our belts, we understand how stressful navigating family issues can be, which is why we strive to provide high quality advice with compassion and understanding.

How To Find The Best Family Law Attorney

Finding the right family lawyer for your legal needs in Houston can be a daunting process as there are multiple family law firms to choose from. However, with the correct research and strategy, you can make sure that you have found the family law specialist that best fits your legal needs. First and foremost, it is important to assess your family’s legal requirements by researching applicable family laws relative to the situation at hand.

Once you have a good understanding of what needs to be done, seek out referrals from family, friends or reputable sources within the local community in order to get an idea as to which family law firms should be further researched and considered. Additionally, online research can also offer insight on family law attorneys practicing in Houston that must not be overlooked. Ultimately, take your time to understand multiple family lawyers’ backgrounds and qualifications in order to make an informed choice that meets your family’s specific legal goals.

Retaining A Family Lawyer

Do you need legal help for a family-related issue in Houston, Texas? If so, hiring a qualified and experienced family law attorney can give you the guidance and support that you need in navigating difficult legal situations or seeking resolutions. A knowledgeable attorney will leverage their expertise to make sure your rights are protected, whether it be during divorce proceedings or child custody dispute resolution.

When dealing with family law, it is important to know what to expect. It’s understandable to be overwhelmed with the legal complexity of family law issues, but there are ways to navigate through it. Understanding family law encompasses the legal rules and procedures related to family-related relationships, including marriage, divorce, custody, and support matters among others. Each family law case will be unique and may require different procedures for each party involved to reach an agreement. Whether you are considering marriage or are already married, facing a divorce or separation, looking for family-related advice or navigating a dispute over child custody, family law can help ensure your rights and interests are available in any event.

Family Law Attorney Child Custody

The Renken Law Firm in Houston, TX is a trusted source for child custody and family law matters. Serving the Houston-Woodlands-Sugarland metropolitan area and surrounding counties, Attorney Renken makes it her goal to protect the rights of clients as they go through child custody and divorce proceedings. With over 10 years of experience in child custody cases,

Attorney Renken has successfully helped many families determine the right child custody plan that works for each party involved. Whether you are looking to modify existing child support and custodial arrangements or modify shared parenting time, Attorney Renken will fight on your behalf to ensure your interests are protected throughout the case.

Family Law Attorney Divorce Consultation

A divorce is a difficult and emotional experience, but having the right divorce attorney can make all the difference. The Renken Law Firm in Houston, TX provides the informed legal guidance needed to get through divorce proceedings with minimal hassle. Their team of experienced family law attorneys will handle every aspect of divorce cases, from alimony and property division to modifications and collaborative divorce. No matter what kind of divorce process one pursues, the Renken Law Firm is dedicated to resolving matters for their clients as quickly and painlessly as possible.

Working with a family law attorney during a divorce consultation can be a daunting task. Even when the decision is mutual, emotions can easily run high. That’s why it’s important to find an experienced family law attorney you feel comfortable working with – one who will listen and give you clear, honest advice tailored to your family’s specific needs. At Renken Law Firm, our family attorneys are dedicated to helping couples through the difficult decisions of family court. We take the time to understand each person’s unique perspectives and wishes, so we can craft solutions that provide a stable future for the whole family.

Contacting A Family Law Attorney Houston Specialist

When it comes to family law, Houston, TX is home to Renken Law Firm. Our family lawyers are here to provide you with personalized attention as you navigate complex family matters such as custody issues, divorce, and other family disputes. We offer a variety of services from family mediation to adoption services, so that our clients can find the resolution they need while avoiding costly court litigation. Our clients employ family law attorneys here at Renken Law Firm to ensure their rights are protected and the best interests of their family are in mind.

Though every family law case is different, understanding the process can help to alleviate some of the stress and anxiety that comes with it. At Renken Law Firm, we have a team of dedicated professionals who are here to guide you through every step of your case, from start to finish. We believe that knowledge is power, and we will work tirelessly to ensure that you have the information and support you need to make the best decisions for yourself and your family. Contact us today to schedule a consultation, so we can discuss your individual situation and answer any questions you may have.

Renken Law Firm, PLLC
11500 Northwest Fwy #586
Houston, TX 77092
(713) 956-6767
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