Beal Law Firm - Frisco

Joint Managing Conservator - Does it mean what you think it does??

Does being named a Joint Managing Conservator mean anything? The answer is maybe.

If and when you go back to court for any type of modification, you may start at a disadvantage if you are a Possessory Conservator, instead of a Joint Managing Conservator.

In short, being named JMC may not mean...

Joint Managing Conservator: What it means The first substantial portion of a Texas Custody Order is the issue of Conservatorship. In days gone by – thirty or forty years ago – custody cases typically ended with one parent being named as the Managing Conservator and the other parent being named as Possessory Conservator. The Managing Con...

So, how do you deal with it? How do you deal with all of your property? What questions do you need to get answered to get to the point of dividing it?

If you have an attorney, what questions should they be seeking the answers to – with your help?

Here is a pretty simple framework for thinking about all of it and at least knowing the questions, so that you can then start working on the answers:...

Dividing Property in Divorce – the Top Seven Questions If you are going through a Texas Divorce and you have been married for more than a minute, you have property that you need to consider. Many people think they don't have Community Property – even if they don't know the definition of Community Property. But since the presumption is that all propert...

Lifting a Geographic Restriction

Geographic Restriction. Domicile Restriction. Residency Restriction. It's all the same thing.

If you have one and want to lift it, but can't get agreement from the other parent, then you have a Relocation case.

Relocation cases are difficult. One of the main reasons is that it is hard to find a compromise. If mom and dad get a Texas divorce, and mom wants to move with the children to New York, the compromise of mom moving to Tennessee is not likely to make anyone happy. Since it's hard to settle a relocation case, they often end up going to trial - and that can be expensive and time-consuming.

Relocation is really the other side of the geographic restriction coin. If the prior decree or order does not have a geographic restriction (also known as a residency restriction or domicile restriction), then theoretically there is no relocation case or battle that needs to be fought.

When there is a geographic restriction, any attempt by the primary parent to move beyond the restricted area, can lead to a relocation case. Relocation cases can be dealing with moves across town or moves out of State or out of the Country.

If tried to the judge alone (a "bench trial"), the issue of relocation is completely within the discretion of the court. The parties in a relocation case have a choice, however, because the issue can be tried to a jury. In fact, per the Texas Family Code, the judge cannot alter the jury's finding on the issue.

So whether to a judge or jury, the question is: What kind of evidence will you need to win your side of the argument?

The Supreme Court of Texas in the case of Lenz v. Lenz listed a number of factors for courts to consider when making the determination of whether a request for relocation should be granted. These so-called Lenz Factors include the following:

The reasons for and against the move;

A comparison of education, health, and leisure opportunities;

Whether any special needs or talents of the children can be accommodated;

The effect on extended family relationships;

The effect on visitation and communication with the noncustodial parent to maintain a full and continuous relationship with a child; and

Whether the noncustodial parent has the ability to relocate.

When considering whether to file a relocation case or how to defend one, it is critical to determine and gather all the evidence that you can on all of the Lenz Factors.

Common Questions:

If I get remarried, does it lift a geographic restriction? Does remarriage lift or remove a geographic restriction automatically?

Remarriage will not automatically lift a geographic restriction, unless that contingency was explicitly...
https://www.dfwdivorce.com/lifting-a-geographic-restriction

Child Custody in Texas: Being Named Primary

Custody orders list the rights and duties of the parents, grandparents, or others that have been named as Conservators. The most important of the rights is that of being named as the “primary.”

These days a custody battle is a battle over who will be named “primary.” Being named “primary” means that you have the “exclusive right to designate the primary residence of the child.”

The person or parent holding this right is generally referred to as the primary, the primary parent, or the primary conservator. In most cases, the primary has the child more often than the non-primary, has the exclusive important rights, and receives child support.

The flip side of the primary designation is known as a residency restriction, geographic restriction, or domicile restriction...

Child Custody in Texas: What is Winning? What does it mean to "win" a Child Custody Case in Texas? What are you really fighting over and what does the term Primary Parent mean?Child Custody in Texas...

Can a 12-year-old decide where he or she wants to live?

This area of Texas Family Law is often misunderstood. Many non-lawyers, and possibly even some lawyers, think that once a child turns 12, he or she gets to decide who will be the "primary parent." That is simply not true.

Under Texas custody law, one parent or the other usually has the "exclusive right to determine the primary residence of the child" - to most people that means where the child lives.

Once an custody order (or divorce decree containing a custody order) is in place, it is final, unless it is modified. In order to file for a modification of a child custody order, you need to allege certain things.

One of things that can be alleged, in order to ask a court to change the custody order, is that your child is over the age of 12 and that you believe that your child will tell the Judge that he or she wants to switch which parent is "primary." That alone, however, does not mean that the order will be changed.

Unless the other parent agrees to the change, the fact that a child age 12 or over tells a Judge which parents' house they prefer does nothing more than...
https://www.dfwdivorce.com/post/2018/01/10/can-a-12-year-old-decide

Court Orders for phone Calls, emails, and video-chat with your child

Spending time with your child is important. Everyone knows that. But when parents are not "together," courts often have to get involved to tell each parent when they are allowed to exercise their possession time. If the parents can agree on a schedule, courts will usually approve it.

Sometimes the non-primary parent gets a standard possession schedule, as described here, and sometimes the non-primary parent gets an "expanded" standard possession schedule, as described here. Sometimes parents get something altogether different, like a week-on/week-off schedule or other 50-50 arrangement.

But, in addition to all of that, one other option that parents have to maintain a relationship with their children is through electronic communication.

In 2007, the Texas Family Code added Section 153.015, entitled Electronic Communication with Child by Conservator. The term "conservator" is used for virtually all parents of minor children that go through the court system, whether in a divorce or custody case.

The code defines electronic communication as "any communication facilitated by the use of any wired or wireless technology via the Internet or any other electronic media...[including] communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or we**am."

Unfortunately for parents that can't agree on the terms of the custody order and have to get the court to decide the terms for possession and access, the statute does not provide much guidance.

Per the code, if a parent is seeking Electronic Communication access, the Judge must...
https://www.dfwdivorce.com/post/child-custody-electronic-access-to-your-child

Texas No-Fault Divorce: Five Things to Know

No-Fault Divorce is often misunderstood. Many people think that since Texas has a no-fault statute, there is no issue of Fault in any divorce proceedings.

Some people think that no-fault Divorce means that it is instantaneous, or they equate no-fault with “simple.”

Here are five essential things to know about Texas No-Fault Divorce:

1. Fault can still be involved.

The Texas Family Code states clearly that...

Texas No Fault Divorce: 5 Things to know No-Fault Divorce is often misunderstood. Many people think that since Texas has a no-fault statute, there is no issue of Fault in any divorce proceedings.Som...

Five Ways to Save Money in a Texas Divorce

Divorces can be expensive. Some can be very expensive. Some things happen in a divorce that you can’t control, and others that you can.

Listed below are five things you should be able to control that save you some money as you go through a divorce. All of these are based upon one simple idea — time is money. Therefore, when paying an attorney by the hour, the more attorney time you can save, the more money you will save yourself.

1. Respond to your attorney.

Your attorney is going to ask you for a great many things. Sometimes it’s as simple as “are you available for a hearing two weeks from Thursday.” Sometimes it’s for more complicated things, such as “I need copies of all of your bank statements for the last few years.” Whichever it is, ignoring the request will lead...

Five Ways to Save Money in a Texas Divorce Texas Divorce, Custody, and Family Law: Learn about simple steps that you can take to save money – sometimes significant money – in a Texas Divorce or Custod...

Texas No-Fault Divorce: Five Things to Know

No-Fault Divorce is often misunderstood. Many people think that since Texas has a no-fault statute, there is no issue of Fault in any divorce proceedings.

Some people think that no-fault Divorce means that it is instantaneous, or they equate no-fault with "simple."

Here are five essential things to know about Texas No-Fault Divorce:

1. Fault can still be involved.

Section 6.001 of the Texas Family Code states that "the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation." It does not state that Fault cannot be alleged.

In fact, there are two other Statutes in the Family Code that discuss fault grounds that are often claimed: Cruelty (Section 6.002) and Adultery (Section 6.003).

Cruelty can be mental, physical, or both. And adultery can be acts that take place anytime after the marriage and before the Divorce is finalized.

No-fault Divorce means that there is no requirement to claim Fault. It does not mean that one or both parties cannot claim Fault.

2. No-Fault does not mean "Simple."

Seeking a divorce on no-fault grounds has nothing to do with how complicated the Divorce may be. Even in a no-fault case, there may still be issues of division of retirement assets, division of real estate, payment of debts, contractual alimony, and spousal maintenance.

If there are children of the marriage, there will definitely be issues of...
https://www.dfwdivorce.com/post/texas-no-fault-divorce-five-things-to-know

Do you truly care about your clients and genuinely want to help them?

Do you want the ultimate in flexibility and autonomy?

Do you want to work with high-quality people and have the best in support and technology?

And finally, do you know what you’re doing in Texas Family Law?

Divorce and Custody - Senior Family Law Associate Do you truly care about your clients and genuinely want to help them? Do you want to make top of the market money and have top of the market benefits? Do you want the ultimate in flexibility and autonomy? Do you want to work with high-quality people and have the best in support and technology?

Beal Law Firm Adds Former Special Litigator to the Team

Robert Hight is now a part of the Beal Law Firm Team as a Senior Associate attorney. Hight handles all types of family law - Divorce, Custody, Support, etc. - for clients throughout the Dallas-Fort Worth area and may be the most experienced child support litigator to ever work at the Firm.

Prior to starting at BLF, Hight was a Special Litigator for the Texas Office of the Attorney General. A Special Litigator is the highest "ranking" Assistant Attorney General in a child support division region that still actually litigates - meaning that he was in the courtroom and not just a manager.

In his role as Special Litigator, Hight handled complex and sensitive cases for the OAG and ensured that the attorneys under him were engaging in best litigation practices. Additionally, Hight trained young attorneys at the Office of the Attorney General and was on the OAG Child Support Division Forms Committee, which means that he helped draft and oversaw changes to the OAG's standard petitions, orders, and other forms.

In addition to the substantial experience that he brings to the table, Hight has academic credentials to match. Hight graduated from the highly ranked University of Texas School of Law with honors in 2010, and prior to that was the Salutatorian of the Classics program at Baylor University. While at the Office of the Attorney General, Hight won the AAG of the Year award.

A native of the Park Cities, Hight attended and played football at the highly ranked Highland Park High School in Dallas, but now his free-time interests focus much more on his family and love of chess.

Beal Law Firm Adds Former Special Litigator to the Team Robert Hight is now a part of the Beal Law Firm Team as a Senior Associate attorney. Hight handles all types of family law – Divorce, Custody, Support, etc. – for clients throughout the Dallas-Fort Worth area and may be the most experienced child support litigator to ever work at the Firm. Prior...

Gambling at the Courthouse

Do you like to gamble? Have you ever lost badly? Can you imagine how badly you could lose if you don't know the rules of the game?

That's what I thought of the other day, as I watched a Family Law hearing.

I was in the courthouse giving one of our new employees a tour. While we were there, we decided to sit in on some "prove-up" hearings that were happening. These hearings were the type in which the attorney presenting the evidence is an Assistant Attorney General.

The mom was there, but the father did not show up. And according to the mom's testimony, dad had not provided any support prenatal or otherwise.

This is what's called a taking a Default. You "win" because the other side didn't show up. Within reason and the bounds of the law, you can typically get whatever you want at a default hearing. You should get the ultimate "good deal" at a default.

Only this time, the mother did not.

Why?

Because she was unrepresented. She was Pro Se. The Attorney General did not represent her - technically, he represented the "interest of the state in the child."

So what happened? The mom got a much worse deal than...
https://www.dfwdivorce.com/post/2019/07/31/gambling-at-the-courthouse

Thirty Years: Beal Law Firm’s First 30 Years

Thirty years is a long time. Do you know where you were 30 years ago? I know where I was.

I was sitting in a tiny office about a third of the size of the one that I had had less than two years earlier when I first got out of law school. I had read a book that explained the best strategy for starting your own law firm and had decided that the time was right to start mine...

Thirty Years: Beal Law Firm’s First 30 Years Thirty years is a long time. Do you know where you were 30 years ago? I know where I was. I was sitting in a tiny office about a third of the size of the one that I had had less than two years earlier when I first got out of law school. I had read a book that explained the best strategy for starting...

It's now easier to send Beal Law Firm - Frisco a message.

You've seen the news. Inflation is up. School and pre-school schedules are uncertain. Jobs are available, but some don't pay a "living wage." And there is a lot of flux in the Texas Economy right now.

All of those changes can have an effect on your ability to pay the bills and provide for yourself and your children. Additionally, if you are paying child support, they can have an effect on your ability to pay your support and to provide for children that are a product of a new relationship.

The current economic changes may also cause someone to need Child Support that simply didn't before. You may need money now that you could get by without before.

Texas Child Support is established under the Texas Family Code. The Court has the power to order that support be paid, how much is to be paid, and how it is to be paid.

The Court also has the power to enforce prior orders and to modify or change orders that were previously put in place. These changes can be made on a Temporary or Permanent basis.

Texas Code Chapter 156...
https://www.dfwdivorce.com/post/child-support-the-economy-is-changing-does-your-child-support-need-to

Timing Your Case – When Should I file?

The question often comes up, “When should I file my case so that my kids can start school in their new school?” Or, “If I start my Divorce now, will it be done by the end of this school year?”

The question is really, “How do I know when to file my case in order for it to be over by the time I want it over with?”

In a sense, that’s a really easy question, but the answer is not very satisfying.

You don’t. And more importantly, you can’t.

I’ve been a lawyer now for over 31 years. I’ve practiced in virtually every type of court in the State of Texas. Additionally, I’ve read more cases than I could possibly go back and figure out and have been around at least hundreds, if not thousands, more.

Other than certain types of cases with strict deadlines – like Mental Health Commitment hearings – there is no way of knowing how long a case will take from initiation to conclusion.

I have had a contested custody case take as little as a month to get from filing to conclusion – including the trial. I have had other family law cases that last years. How many years? I’m not sure of the longest I’ve been a part of, but I can recall for sure helping get one to a conclusion that had been on file for over four years before I was hired as the next attorney – the client had already had at least two others.

So, what things do we know for certain with respect to timing a case? Here are a few things that we think we know...

https://www.dfwdivorce.com/post/timing-your-case-when-should-i-file

Beal Law Firm - Frisco Beal Law Firm has a Team of Divorce and Custody Lawyers ready to help you now. We have been serving

If you are married and living together, that's fantastic. If you can save your marriage, save it.

But if you are living your lives separately and have no intention of getting back together, you are taking on bigger and bigger risks with each passing day that you fail to get your Legal Life in order.

https://www.dfwdivorce.com/the-risks-of-separation

The Risks of Separation | Beal Law Firm | Texas If you are living your lives separately and have no intention of getting back together, you are taking on bigger and bigger risks with each passing day that you fail to get your Legal Life in order. Presumed Fatherhood, Spousal Maintenance, Community Property, Liability Problems and more.

Private School: How does it work after Divorce?

Making decisions regarding your children’s education can be tough. There are issues of what type of school to attend – Public, Private, or Homeschool – and issues of how rigorous a schedule to pursue.

For parents that are not together, either because Divorce or otherwise, the decisions can be even more complicated. Along with the normal decisions come the problems of who will pay for what, and who gets to decide....

https://www.dfwdivorce.com/private-school-after-divorce

Private School After Divorce | Beal Law Firm Making decisions regarding your children’s education can be tough. There are issues of what type of school to attend – Public, Private, or Homeschool – and issues of how rigorous a schedule to pursue. For parents that are not together, either because Divorce or otherwise, the decisions can be ...

Depending on how you divide it, a divorce can have 2-5 parts. The parts are, or may be, as follows: a) Status; b) Property Division and Debt Assignment; c) Maintenance; d) Suit Affecting Parent Child Relationship; and e) Other Causes of Action

Each of these has to be analyzed separately from a jurisdiction and venue standpoint. Moreover, there may even be additional jurisdictional analysis to be done, if military retirement or Native American rights are involved...

https://www.dfwdivorce.com/end-of-a-marriage-process-and-proce

End of a Marriage: Process and Procedure | Beal Law Firm | Texas Depending on how you divide it, a divorce can have 2-5 parts. The parts are, or may be, as follows: a) Status, b) Property Division and Debt Assignment, c) Spousal Maintenance, d) Suit Affecting Parent Child Relationship, and e) Other Causes of Action. Each of these has to be analyzed separately fr

Everyone knows that property gets divided in a divorce. But how? What is the outcome based upon? And how does it work?

There are at least two parts to it. First, there are the legal aspects. Next, there are the practical aspects.

Said another way: There’s the theory behind it and how it really works.

The place to begin the analysis is before the marriage begins. Before marriage, no Community Property exists. It can’t. It is impossible to own Community Property if there is no “Community,” and the marriage is what makes the Community.

So, before marriage, there are only Separate Estates. That is, all the property owned before marriage is owned Separately. It is Separate Property.

Once people are married and living under Texas law, though, the Community Estate begins. The Separate Estates do not cease to exist; they exist along with the new Community Estate. Technically, it is possible to “opt-out” of the Community Property system through a Premarital Agreement (a Pre-nupt or Prenuptial Agreement). Still, even in those situations, there is commonly a provision regarding what to do if the “opt-out” didn’t work completely, and a Community Estate gets formed anyway.

The next step is to figure out what is in the Community Estate and why you care.

The Community Estate is made up of…

https://www.dfwdivorce.com/property-division-in-divorce

Property Division in Divorce | Texas | Beal Law Firm Here are some of the factors: 1) The age of the parties; 2) The health of the parties; 3) The needs of the parties; 4) The income of the parties; 5) The earning capacity and opportunities for future wealth and income of the parties; 6) The separate estate of each party; 7) The debts and

The Family Law Advantage

I got a call a couple of days ago. It was from an old client. I represented him years ago, and I’ve only talked to him a few times since.

It’s always great to hear from him because it causes me to have some great memories. The memories are caused by the fact that I had one of the most complete victories I’ve ever had in his case.

In Family Law – Divorce and Custody work – it’s often hard to have a clear winner and loser. In his case, though, we did.

It’s hard for me to be objective, once I’m in the case, because I will always fight for my client, but I think...

https://www.dfwdivorce.com/post/the-family-law-advantage

The Family Law Advantage I got a call a couple of days ago. It was from an old client. I represented him years ago, and I’ve only talked to him a few times since. It’s always great to hear from him because it causes me to have some great memories. The memories are caused by the fact that I had one of the most complete v...

What Kind of Client are You? Four tips for working with attorneys

I know what it’s like to be a client. And I know what it’s like to be a lawyer. One of the things that I think has helped me throughout my practice is that I have been on all sides of everything.

For example, I’ve been a witness, I’ve defended witnesses, I’ve questioned witnesses, and I’ve even gotten to watch witnesses be questioned while sitting at the Bench.

I have represented and helped represent thousands of clients, and I have been a client on more than one occasion. I have had to hire lawyers to represent me or other family members in Probate matters, Personal Injury matters, and more.

I have even hired lawyers to represent me in Family Law matters.

In 1997, when I found myself in a Divorce, I did not try to represent myself. I hired a lawyer.

One of the things that I found out about myself – at least for that matter – was that I did not want to hear from my lawyer. I didn’t like it...

https://www.dfwdivorce.com/post/what-kind-of-client-are-you-4-tips-for-working-with-attorneys

What Kind of Client are You? 4 tips for working with attorneys I know what it’s like to be a client. And I know what it’s like to be a lawyer. One of the things that I think has helped me throughout my practice is that I have been on all sides of everything. For example, I’ve been a witness, I’ve defended witnesses, I’ve questioned witnesses, and I’...

One of the greatest things about this Country is that we get to vote. In Texas, that includes voting for our Judges.

While all Judges matter, those that hear Family Law cases matter most of all. That is, who the Judge is tends to matter more in Family Law than in any of the other areas of law.

https://www.dfwdivorce.com/post/happy-independence-day

Happy Independence Day!! I love the 4th of July! I love remembering all of the things that America stands for and all of the great people that helped found it and keep it. One of the greatest things about this Country is that we get to vote. In Texas, that includes voting for our Judges. All of our Judges from Justice of th...

Homeschooling: Who gets to decide?

Texas authorizes homeschooling of children. As the Texas Homeschool Coalition website points out:

"The law in Texas is one of the most favorable for home educators in the United States, and here people are free to determine the course of their children's education. Texas leads the nation in the number of families who home school."

But if parents are not raising children together, due to divorce, separation, or having never been married, what then? The question arises: Who gets to decide whether our child is homeschooled?

Addressing that question requires breaking it down and looking at various scenarios.

First, if there is no Court Order, then there is no clear answer. Just because Parents are not raising their children together does not mean that there must be a court order. A child can grow to adulthood without mom or dad ever living together or coordinating on how to raise the child – and with no orders from a Court.

In that situation, the person with the actual care, custody, and control of the child…

https://www.dfwdivorce.com/homeschool-who-gets-to-decide

Homeschool: Who Gets to Decide? | Beal Law Firm | Texas First, if there is no Court Order, then there is no clear answer. In that situation, the person with the actual care, custody, and control of the child would be able to decide to Homeschool on their own. However, if there is a Court Order, the place to look is in the Rights and Duties Section of the

Getting from Where You Are to Where You Want to Be

When I was in the Marine Corps several years ago, one of the things they taught us was Land Navigation. After I mastered the skill, I was proud of the fact that you could drop me off in the middle of the desert with just a compass and a map, and I could determine exactly where I was.

The trick is to be able to read the map. After that, it's easy. You point your compass at a couple of topographical features that you recognize from the map, see where the lines cross, and that's where you are.

Once you know where you are, you can start figuring out how to get where you're going.

One of the statements I make to most people, when I consult with them is: My job is to figure out where you are and where you want to be, then determine whether I can get you there. If so, and if you decide to hire me to help you, my job becomes trying to get you there in the most efficient and effective way possible.

When you are deciding whether to hire a lawyer, you need to know how to get to that point first. If you are faced with a legal problem and are not represented, where you are is "on your own." So, the question becomes how to get from being on your own dealing with the issue to being represented – or at least finding out how to be represented.

I can't tell you how all law firms do it, but I can tell you how we do it….

https://www.dfwdivorce.com/post/getting-from-where-you-are-to-where-you-want-to-be

Getting from Where You Are to Where You Want to Be When I was in the Marine Corps several years ago, one of the things they taught us was Land Navigation. After I mastered the skill, I was proud of the fact that you could drop me off in the middle of the desert with just a compass and a map, and I could determine exactly where I was. The trick is to...

What Can I do to Protect My Child if I’m Gone?

Everyone has health concerns. At least most people do. Some have them all the time, and some only when something serious is "going around." Sometimes people have them because of an illness they are suffering, or some dangerous event is on the horizon.

Any caring parent wants to make sure that their child is cared for, should something happen to them. But the question is: How do I make sure my child will be taken care of after I'm gone?

It is a simple question without a simple answer.

In fact, the answer to this question could fill up a book or two. The answer will vary depending upon whether Mom and dad agree and whether something tragic were to happen to Mom and dad at the same time.

For now, let's assume that Mom and Dad are not a couple and that Mom is the primary caregiver of a minor child. Let's just consider: What will happen to the child if Mom passes away?

1. Can Mom dictate for sure what will happen to the child?

The short answer is: No. There is no paperwork…

https://www.dfwdivorce.com/post/what-can-i-do-to-protect-my-child-if-i-m-gone

What Can I do to Protect My Child if I’m Gone? Everyone has health concerns. At least most people do. Some have them all the time, and some only when something serious is "going around." Sometimes people have them because of an illness they are suffering, or some dangerous event is on the horizon. Any caring parent wants to make sure that their....