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Why You Need an Adoption Attorney
You already know that you’ll need the help of a family attorney in Conroe, TX, if you’re planning a divorce or seeking child custody. But did you know that family law attorneys can also assist families who wish to adopt ? Adoption involves much more than opening your home and heart to a child in need. It’s also a legal process that requires the expertise of a family law attorney. When you consult an attorney about adoption, he or she can inform you of all applicable laws and regulations. Your family attorney can also provide a basic overview of the adoption process and what you can expect from each step.
Family law attorneys may recommend local adoption agencies and help you understand the different types of adoption. You can rely on your attorney to thoroughly prepare you for any court hearings you may attend and to represent your family in court. Sometimes legal complications arise, such as if the birth parents have a change of heart about giving up the child for adoption. If there are any unexpected bumps in the road, then your attorney will be there to help you.
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Tips for Hiring a Divorce Lawyer
Hiring a divorce lawyer serving The Woodlands requires more planning than simply selecting a name from a phone book. The right attorney will thoroughly prepare you for the hearing or help you explore alternatives to a formal trial. He or she will serve as your legal advocate and function to protect your best interests. Before you hire a divorce lawyer , you’ll need to meet with him or her to discuss your case and ask any questions you may have. It’s always wise to write down a few questions prior to arriving for your first consultation with a divorce lawyer.
Schedule an Initial Consultation
If a divorce lawyer is highly recommended by your friends or family members, then you’ll need to schedule a brief appointment before hiring him or her. Be sure to ask if the family attorney charges a consultation fee for the appointment. Some divorce lawyers offer initial consultations free of charge. Others can charge over $500 each. When you go to the law office, bring along any relevant paperwork, such as a copy of a prenuptial agreement if you have one as well as any pleadings which may have been served upon you by your spouse’s lawyer.
Ask the Right Questions
You can expect the divorce lawyer to ask you some questions about your case and your goals for the outcome of the divorce. For example, would you like to pursue physical custody of the children, and do you plan to seek spousal support? In turn, you’ll have the opportunity to ask the lawyer a few questions. Since your time is limited, make such questions count. You can ask how much experience the lawyer has handling divorce cases and how the lawyer might approach your case. What is his or her governing philosophy in general? You can also ask about the lawyer’s views regarding the advisibility an agreed or uncontested divorce.
Discuss Practical Arrangements
Before you leave the law office, make sure you understand how the logistics of your case will be handled, and the expected time frame. Discuss arrangements such as the lawyer’s fee structure, how often you’ll be contacted with updates, and who you should call if you have questions later on.
Trust Your Instincts
After your consultation, take a few minutes to evaluate the information you received and the first impression the lawyer made. Although choosing a lawyer with experience is a must, it’s critical to select a lawyer with whom you feel comfortable discussing highly personal, sensitive matters. A world-famous lawyer who you cannot communicate with is much worse than the average Joe six-pack lawyer with whom you can both communicate and feel comfortable. Hire a divorce lawyer who will treat you with the compassion and respect you deserve during a difficult time in your life.
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Understanding Child Support
A child support lawyer should help you explore all aspects of family law in The Woodlands that apply to your particular situation. For example, your family law attorney can help you seek child custody and, once you are established as the custodial parent , your family law attorney can further help you petition for child support payments. Child support is based on the idea that both of the child’s biological parents are financially responsible for meeting the child’s needs. Indeed, the obligation to support your children is found in the Texas Constitution. Child support is intended to go toward the cost of the child’s housing, education, medical care, food, and other necessities.
When you watch this video, you will learn more about the basics of child support and family law. This expert explains that child support guidelines vary from state to state. Wisely, he ultimately urges viewers to get in touch with a family attorney for case-specific guidance.
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Factors that May Influence Your Child Custody Case
Generally, it is preferable that both parents work together to develop a mutually agreeable plan of conservatorship or custody. This collaborative approach, which minimizes conflict, may be facilitated by a family law attorney . Nevertheless, when parents cannot come to an agreement, the court will establish child custody arrangements. As your divorce lawyer serving The Woodlands can advise you, the judge will make a decision based on what he or she feels is in the child’s best interests. In some cases, one parent may have significant problems such as a history of child neglect or drug abuse. Such issues can prompt a judge to grant custody to the other parent. However, in many cases, there are other subtle factors, such as the stability of the family home, which may also have a large influence on the judge’s decision.
Residency
Some family law experts suggest that judges are often influenced by the residency of each parent. This means that child custody may be more likely to be granted to the parent who will continue living in the family home. Similarly, a parent who has obtained custody of the minor children may be more likely to be awarded the family home in connection with a divorce. Attorneys will generally advise clients not to move out of the family home if custody will be at issue. However, if you have moved out of the family home, your family law attorney may advise you to arrange for permanent housing as quickly as possible, to demonstrate stability. Arranging for permanent housing in close proximity to the children’s schools, whenever possible, is ideal.
Cooperation
In family court, allegations made by the parents are often of a “he said, she said” nature. To substantiate your case, your family attorney may offer evidence that you have a history of cooperating with the other parent or that the other parent has a history of non-cooperation, or even a history of using derogatory language about you in front of the child. Oftentimes, a family court judge might award child custody to the parent who is most likely to cooperate with the other parent and who tries to preserve the child’s relationship with the other parent.
Stability
All children need stability and continuity for their healthy socio-emotional development. Since a divorce significantly changes a child’s life, the judges try to minimize its effects as much as possible. If one parent has been primarily caring for the children while the divorce case was pending, that parent may be more likely to be awarded custody. If you see a divorce coming, it is wise to establish yourself as the child’s primary caregiver in the months leading up to the filing.
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When You Should Consider Filing for Guardianship
You might consider filing for guardianship with the help of a family law attorney if you have a family member who is no longer capable of behaving in a manner consistent with his or her own interests. For example, a family member may become physically incapacitated through an accident, or as a result of being hospitalized on a long-term basis. An attorney in Spring, TX, may also help you file for guardianship if a loved one has become mentally incapacitated. For example, an adult child may have special mental or emotional needs, or be entitled to receive social security benefits. In such cases, guardianships are critical to getting the child much needed help. Guardianship may also be sought if the individual could be considered incapable of making financial decisions, such as in cases where the proposed ward is a minor.
Since guardianship of a disabled child or an adult requires making crucial, potentially life-changing decisions, it’s important to proceed cautiously. You can receive the legal guidance you need when you consult a lawyer about this aspect of family law. Finally, your family lawyer can also help you seek guardianship of an individual whom you believe is not being adequately represented by a person who holds power of attorney.
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Steps to Preparing Your Will
If you’re an adult, and if you haven’t yet prepared your will, it’s time to make an appointment with a lawyer who provides estate planning in Conroe, TX. It is worrisome that most Americans pass away intestate, which means they die without a will. When this happens, their estate is subject to inflexible state regulations and guidelines. Additionally, family conflicts over finances and legal guardianship of children may be more likely to occur when a loved one dies intestate. You can protect your family by having a qualified attorney draft your will for you.
Make a List of Your Assets
Before you meet with a lawyer to have your will drafted, you’ll need to make a list of your assets. This is not so much for inclusion into the will, but to give your attorney an idea of what’s involved in the estate. Such a list should include intangible assets such as your bank accounts, along with physical property such as family heirlooms and jewelry. Any assets you have that name a beneficiary, such as a life insurance policies or joint bank accounts, will go to that particular beneficiary. In other words, you cannot use your will to override your beneficiary designations. However, you can change your beneficiary designations, if desired. You can use your will to designate heirs for most all other assets.
Evaluate Prospective Legal Guardians
Choosing a legal guardian for a minor child can be one of the most difficult decisions a parent will face, particularly if there are no obvious candidates available. If you have siblings or other family members, then your will could name one of them to be the legal guardian of your child. However, you should carefully consider whether any particular candidate may be more likely than others to adhere to your preferences for your child’s upbringing. In sum, communication prior to tragedy often limits the scope of that tragedy.
Revisit Your Lawyer Periodically
Estate planning isn’t a “one and done” procedure. As your life circumstances change, so too should your will. Where large estates are involved, it might be wise to make an appointment with your lawyer at least every five years to re-evaluate your situation in light of any recent tax law changes. You should also schedule appointments if you experience a significant change in circumstances, such as the birth of a child, a divorce, a marriage, or the death of a family member if that passing affects your finances.
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The Basics of Filing for Child Custody
When it’s time to end a relationship with the other parent, determining child custody is a significant concern. Your first step in filing for custody is to contact a child custody lawyer serving Spring, TX. Such family law attorneys will have an in-depth knowledge of child custody proceedings. He or she will ensure that the forms are filled out properly and filed with the appropriate court to prevent unnecessary delays in your case. A child custody attorney will also guide you through the mediation process, which is often mandatory.
To hear more about working with a family law attorney, watch this brief video. This expert explains that family law varies from state to state. He also urges viewers to get in touch with an attorney for personalized legal guidance.
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Answers to Questions About Divorce in Texas
The disputed divorce is often challenging, particularly because both parties must disclose their personal information, deal with the division of property, and reach an agreement regarding child custody arrangements. A divorce attorney near Spring, TX, can help make this divorce process easier, giving you all the information you need and walking you through the proceedings, step-by-step. Your divorce lawyer can also answer any questions you may have about Texas family law.
Are There Any Residency Requirements?
Yes, Texas family law requires that one or both spouses be a resident for at least six months. Additionally, the party who files the divorce petition must be a resident of the county in which the paperwork is filed for a minimum of 90 days.What Are the Grounds to File for Divorce?
Texas is a no fault divorce state. This means that it is not necessary to prove that either party is responsible for the breakdown of the marriage. When your divorce lawyer prepares the paperwork, he or she can cite “irreconcilable differences.” However, Texas law does allow divorce on fault-based grounds. Let your family attorney know if you may be eligible to file for a fault-based divorce based on adultery, conviction of a felony, cruelty, or abandonment. Other grounds for divorce in Texas include confinement in a mental hospital and separate residency for at least three years.How Long Will the Process Take?
This can vary widely, depending on the complexity of your case, and whether you and the other party can come to a mutual agreement. Once the divorce petition is filed, you must wait at least 60 days for the divorce to be finalized. If there are disputes regarding child custody, support, property division, liability distribution, or other issues, the process can take longer.Is a Divorce Trial Necessary?
In many cases, both parties appear in court and a judge makes the final decisions regarding the matters of dispute. However, it is possible to reach an amicable divorce agreement. You and your spouse can meet in mediation to reach agreements on property, custody, and other matters. Working with a divorce lawyer can help facilitate the mediation process. -
Instances When Probate Litigation May Be Required
After a death, matters pertaining to the decedent’s debts and assets are resolved through the probate process. In many cases, probate is straightforward and is easily settled. However, sometimes probate litigation may be necessary to resolve claims. It’s always a good idea to retain the services of a lawyer when dealing with probate court in Conroe, TX. A probate lawyer can help you in the event that probate litigation is needed, such as if you believe it necessary to authenticate a will. Your lawyer might contest a will if you believe that the document was not drafted properly or the signature may not be valid.
It’s not uncommon for the terms of a decedent’s will to become a source of disagreement among the heirs. You’ll need the services of a skilled probate attorney in the event that you need to dispute the will or if another heir has disputed the will. Another reason why probate litigation may be necessary is if a loved one dies intestate (without a last will and testament). In these cases, an attorney can facilitate the process of determining the rightful heirs.
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Tips for Discussing Your Will with Your Family
Many people hesitate to discuss estate planning because the subject is inevitably tied to death. Although estate planning may be an uncomfortable topic of discussion, it is quite often a necessary one. You may prefer to wait to discuss these matters with your family until after you have met with a lawyer and drafted your will. If you feel that a discussion about estate planning will turn into a contentious argument among family members, you could even request that your lawyer be present to serve as a neutral third party and answer legal questions.
Determine Your Priorities
Before you meet with the will attorney, write a list of your priorities. Remember that the assets you leave behind should ideally serve to accomplish your goals, rather than to reward deserving loved ones. For example, you might prioritize the care of an ill or disabled family member, the support of a favorite charity, or the education of grandchildren. Determining your priorities will help you when drafting the will and when discussing it with your family members.Decide How Much Information You Wish to Disclose
Ahead of the discussion, determine how much information you’re comfortable sharing with your family. Some people prefer to say very little, informing their heirs only that they’ve drafted a will and that they believe that the will allows for a fair and equal distribution of wealth. Other individuals feel that providing detailed information about which heir will receive which asset will prevent future arguments.Explaining Unequal Distributions
If your will is going to distribute more assets to one heir than to another, you may wish to explain your reasoning. For example, you may have two children, one of whom is a geologist with a lucrative salary and the other is a childcare worker with only a modest wage. You may prefer to leave more than half of your wealth to the latter child. If so, you could explain to your children that this does not reflect favoritism, but rather addresses a real financial need.Consider Disclosing Information After Your Passing
If you feel uncomfortable explaining the terms of your will to your family, you could write separate letters to your heirs or one letter addressed to all of them. Yes, even the videotaped lecture is not uncommon. These procedures allow you to explain your reasoning in a manner which is separate from the will. Keep sealed letters of explanation with the will.
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