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Category: Texas Family Law

Tips for Helping Your Child Through Divorce

Tips for Helping Your Child Through Divorce

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

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Do I Have to Pay Child Support Without a Job

Do I Have to Pay Child Support Without a Job?

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

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Can I Take Custody of My Grandchild

Can I Take Custody of My Grandchild?

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

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How to Handle Summer Visitation as a Divorced Parent

How to Handle Summer Visitation as a Divorced Parent?

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

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Can My Child Decide Which Parent They Want to Live With

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

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,

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Family Law Attorney Houston

Family Law Attorney Houston

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

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Do I Have Rights as a Grandparent in Texas

Do I Have Rights as a Grandparent in Texas?

December 30, 2022

When it comes to children, courts always will try to act in the best interest of a child. This may mean granting custody or visitation to grandparents or even having parental rights terminated and given to a grandparent. If you have wondered, “Do I Have Rights as a Grandparent in Texas?” Reach out to the team at Renken Law Firm. Our team works to promote each child’s best interest and will work with grandparents to help them get custody or visitation rights. Grandparent Visitation Regulations Nearly every state provides rights to grandparents in visitations with grandchildren. These rights can even extend to custody if the parents are either unfit or cannot perform the normal or necessary parenting duties. A request for custody starts through the courts to ensure the best interests of the child. Visitations generally start before custody is given to assess the level of care the elderly can give to a youth in the transfer. The same is possible with visitation if the parents refuse to grant access to children by contacting the courts and forcing visitation. Special Circumstances The courts usually grant visitation automatically if certain conditions exist. Custody is also possible in these same situations. These include divorced parents, abuse or neglect, incarcerated parents and a court order. Some situations involve the termination of parental rights which can lead to adoption or fostering the children of the marriage to others. If the child lives with grandparents for no less than six months, Texas laws can transfer custody permanently to the grandparents. While these visitation rights can provide the elderly members of the family with more time, they are not absolute rights in this state. No Rights for the Grandparent While there is no absolute right to visitation, the grandparents have more rights in Texas in the

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Can A Father Win Custody in Texas

Can A Father Win Custody in Texas?

November 4, 2022

Are you a father looking to win primary child custody in Texas? Working with an experienced Texas family law attorney can help you to build a strong child custody case to present to a judge in the state of Texas court system. How Fathers Can Get Custody It is fully possible for fathers to get full custody of their children. However, there are aspects of a custody case where fathers may have an additional burden to prove that mothers do not. These include paternity, the primary caretaker role, and home environment quality. Paternity There are two ways to determine paternity: biologically or legally. Under the Uniform Parentage Act, a man is an “alleged father” if they have not established biological paternity or achieved presumed fatherhood.8 The law often distinguishes between the legal and biological recognition of paternity: “Where such births result from sexual intercourse between consenting adults, genetic ties almost always themselves determine legal motherhood, but often only help determine legal fatherhood.”6 However, legal parentage is required to receive the constitutional rights that make the tender years doctrine unlawful. In cases where the father is not married to the mother, but another man is, courts have ruled that fatherhood may be determined by who the mother is married to, rather than biology.9 If a father is not married to the mother, or if he does not sign an acknowledgment of paternity, he cannot be granted custody or visitation rights.6 Primary Caregiver Role A primary caregiver is a person who consistently is responsible for the housing, health, and safety of another.10 In custody proceedings, courts assume the primary caretaker is experienced and knowledgeable regarding the child’s educational needs, medical needs, and more. As family dynamics shift from stay-at-home mothers and working fathers, there may be a presumption on who mostly handles

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How Can I Revise My Custody Agreement

How Can I Revise My Custody Agreement?

October 24, 2022

Are you looking for answers for how you can revise your custody agreement? Working with an experienced family law attorney can provide you with solutions to this problem to help promote the best interest of your child or children. At Renken Law Firm we provide legal advice on a wide range of family court matters including custody of a child, child custody modification process, visitation schedule, child support payment, and more. Call us today to schedule a consultation for modifying your child custody agreement. Who can file a modification case? Either parent can file a modification case. If you are not the child’s parent, you can file a modification case if: You are listed as a party in the current order, You have had actual care, control and possession of the child for at least 6 months ending not more than 90 days before the date you file the modification case with the court and you are not a foster parent. You have lived with the child and the child’s parent, guardian or conservator for at least 6 months ending not more than 90 days before the date you file the modification case, and the child’s parent, guardian or conservator has died. You are the child’s grandparent, great-grandparent, sister, brother, aunt, uncle, niece or nephew and: Both parents are dead, Both parents, the surviving parent or managing conservator agree, The child’s present circumstances will significantly harm the child’s physical health or emotional development. The Texas Attorney General Child Support Division can also file a modification case. Where do I file a modification case? You must file a modification case in the Texas county where the current order was made. If the child has lived in another Texas county for the last 6 months, you must still file the modification case

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Win Custody in Your Divorce Case

Win Custody in Your Divorce Case

October 4, 2022

Are you a Houston parent that wants to win custody in your divorce case? Working with an experienced family law attorney can help you in your child custody battle. Our family law firm will work with you either through mediation to reach an agreement regarding your parenting plan or to help you gain full custody and child support in court. Learn more about the different types of custody and factors that go into determining who will win child custody below. Types of Custody Arrangements There’s no one-size-fits-all custody arrangement; the terms of your final custody plan are supposed to be tailored to meet the needs of your family. The final custody order should normally address both physical custody (which parent the child lives with) and legal custody (which parent has the right and obligation to make decisions about the child’s upbringing). Most custody orders divvy up custody in one of the following ways: sole legal custody and sole physical custody to one parent sole physical custody and joint (shared) legal custody joint physical custody and joint legal custody, or sole legal custody and joint physical custody (rare). When an order specifies that one parent has sole physical custody, the judge will typically create a visitation schedule to ensure the child has the opportunity to enjoy a meaningful relationship with the noncustodial parent. Who Decides Custody? As is the case with most family law issues, courts will give a lot of weight to any agreements that parents reach regarding child custody. If parents can work together to achieve a fair and proper custody arrangement, the judge will likely adopt it into a court order. Working together is the best opportunity for parents to control what happens to their families after a separation or divorce. If you’ve tried talking with your spouse

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Your family law case may be the most important legal issue you ever face in your life. It can also be the most emotionally and financially challenging life event you experience.

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Renken Law Firm knows how difficult and painful dealing with these issues can be. We will take your case, and all the turmoil that comes with it, very seriously. You can trust us to not only be relentless in our pursuit of the best possible solution for you, but we will also take into consideration how much this process is both emotionally and financially impacting you. Renken Law Firm can be relentless, but you can always trust us to listen.

© 2023 The Renken Law Firm. All rights reserved.

Parents are also obligated to provide health and dental insurance for their children in Texas.The court can order either parent to enroll a child on an existing health insurance policy but customarily orders the child support obligor to do so or to reimburse the cost of the health and dental care premium to the primary custodian of the child.While the terms alimony and spousal maintenance are often used interchangeably, they are very different things under Texas law.They both achieve the same goal during a divorce, however.They both allow one spouse to receive financial support from the other.Renken Law Firm understands the distinction between alimony and spousal maintenance.Our understanding of the difference between these two means of financial support allows us to pursue an outcome that best meets your needs.Along with her ability to aggressively litigate Family Law matters, Dawn Renken is a Licensed Mediator through ADR Services International Inc, since 2014. Traditionally, mediation has been shown to be an excellent option for couples seeking an amicable divorce who ultimately have compatible goals for property settlements and custody disputes.Mediation promotes a compromise that works well for both parties, while making it possible to avoid court appearances and additional attorney’s fees.What is Divorce Mediation?Divorce mediation is a private process in which a neutral third person (a mediator) helps divorcing couples reach a mutually satisfactory settlement of the issues in their case, including child support, custody and visitation, alimony, and property division.A mediator does not act as a judge, arbitrator, or counselor, but assists the spouses in reaching a voluntary agreement.Along with her ability to aggressively litigate Family Law matters, Dawn Renken is a Licensed Mediator through ADR Services International Inc, since 2014. Traditionally, mediation has been shown to be an excellent option for couples seeking an amicable divorce who ultimately have compatible goals for property settlements and custody disputes. Mediation promotes a compromise that works well for both parties, while making it possible to avoid court appearances and additional attorney’s feesDivorce mediation is an affordable and private divorce option, mediation also has a proven history for helping families resolve disputes without the need for a trial. Taking your case to trial typically will increase the amount of time, money, and stress involved in your divorce.While no divorce method is completely stress free, divorce mediation allows both parties to have their needs represented. The divorcing couple will be given the chance to work together to reach an amicable resolution in their case, instead of allowing a judge to have the final say.Dawn Renken, became a licensed mediator through ADR Services International Inc. in 2014. Since this time, Attorney Renken has been working as a Cypress divorce mediation expert with couples to help them work together to reach divorce agreements that are mutually beneficial for their long term needs.The role of the mediator is to simply ensure all important matters are discussed and dealt with, as well as ensure neither party is using bully tactics in order to get the other party to agree to the terms they desire for their divorce. Your divorce agreement is only finalized when both parties agree to the terms of the divorce and sign off on it. If you are unable to work together to reach an amicable divorce agreement, mediation will not be a viable method for divorce. If you and your spouse are actively looking to work through your divorce together, Renken Law Firm can help by offering affordable divorce mediation in Houston, TX.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.The Renken Law Firm has worked hard to earn a reputation for efficiently practicing diligent and focused legal services. During the course of our representation, you can expect expert legal advice in the areas of divorce, separation planning, custody disputes, child support cases, grandparents rights, prenuptial agreements, attorney general cases and enforcement actions.Receive prompt service and protect your rights by contacting us to schedule an appointment. In times of personal crisis we understand that you want answers. As your legal counsel, this firm will provide you with answers and options. Additionally, we will guide you through what you can expect during the process and help you to understand your options and rights as mandated by Texas Law. Our knowledge and experience has provided us with a strong base of strategies and methods to assist you to reach a successful resolution. Once retained, we invite you to demand and expect your case to be handled in an organized, timely, effective and cost-efficient manner. Step 1: Consult Contact Renken Law Firm to schedule your no obligation one hour consultation to evaluate your case. Step 2: Prepare You’ve never been through this. We understand that. We are here for you. Step 3: Negotiate Whether informal negotiation or mediation, you can trust Renken Law Firm’s decades of experience. Step 4: Litigate When negotiation fails, Renken Law Firm is prepared to fight for you at trial with experienced litigators. Your family law case may be the most important legal issue you ever face in your life. It can also be the most emotionally and financially challenging life event you experience. Renken Law Firm knows how difficult and painful dealing with these issues can be. We will take your case, and all the turmoil that comes with it, very seriously. You can trust us to not only be relentless in our pursuit of the best possible solution for you, but we will also take into consideration how much this process is both emotionally and financially impacting you. Renken Law Firm can be relentless, but you can always trust us to listen. © 2023 The Renken Law Firm. All rights reserved. Our comprehensive family law services include the resolution of divorces through litigation, divorce mediation or collaborative law, depending on the specific details of your case. We can take on all matters related to Divorce Practice or dissolution of a common law marriage, including: We are committed to aggressively and efficiently advocating for your rights . We customize our representation to the needs of your case. Throughout the process, we will keep you involved. We will provide honest information about the progress of your case and strive to achieve the best possible outcome. Enforcing Texas Orders Renken Law Firm, PLLC represent clients seeking to enforce the terms of a divorce decree or custody order. You may need to seek to enforce an order when the other parent has failed to pay their court ordered child support or if you have been denied visitation with your child. We have extensive experience with both seeking relief for these types of issues and also defending against these types of cases. Having an experienced lawyer who has handled both sides of the issue provides you a unique attorney who can reasonably anticipate what the other side may attempt to do. If the non-custodial parent refuses to pay court ordered child support or you have been denied visitation, contact us. If you have been accused of nonpayment or denying the opposing party visitation, a possible contempt outcome is jail time. Do not go to court alone, contact Renken Law Firm, PLLC. Enforcement for Delinquent Child Support Child support arrearages not only can lead to wage garnishment, property liens and loss of tax refunds, they can also result in loss of your license to drive, fish, hunt, sell real estate, teach or practice medicine. Whether your problem involves modification or enforcement of family law rights, our lawyers can advise and represent you. Enforcement / Contempt of Court Actions When a parent refuses to honor visitation orders, fails to pay child support or fails to comply with other court orders, the parent is in contempt of court. In most circumstances, it is important that a child is supported by and has meaningful relationships with both parents. That is why it is so important to follow custody, visitation and support arrangements. Failure to do so can jeopardize the child’s well being. If a parent willfully and recklessly avoided complying with orders when it was feasible to do so, the parent may be charged criminally with contempt and could face potential jail time, fines and other consequences. Our attorneys help clients pursue court orders of enforcement. We also defend against actions where enforcement or contempt cases are brought against you unjustly or for spite. Child Support Enforcement Actions If you are facing a child support enforcement action initiated by the Attorney General, Renken Law Firm, PLLC can answer the complaint and try to transfer your case to family court, where your options for a realistic payment plan will be somewhat broader. If you are the parent trying to enforce the terms of a divorce or paternity child support order, we can help ensure that your right to payment is brought current as quickly as possible.

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