The Houston Family Law Blog

The Houston Family Law Blog

Stepparents Can Get Visitation Rights Too

Though we see it most often in Hollywood, stepparents can play an important role in raising a child. In many states including Texas, it is possible for stepparents to get visitation rights after divorcing the child's birth parent.

But getting stepparent visitation rights is no easy matter. In most cases, the court will show a strong preference to the natural parents' wishes.

Still, the court will consider a variety of factors to make a decision about granting visitation orders.

When Couples Divorce, Who Makes Decisions for the Child?

A 6-year-old, who attends Saint Joseph’s Grade School in Toms River, New Jersey, is in serious condition after being accidentally shot in the head by his 4-year-old neighbor. The counseling services being offered at the Catholic school to help students cope with the incident bring to mind the myriad of long-term decisions that parents must make to raise a child.

In the divorce context, it raises the question of who has a say in key aspects of the child’s welfare, including schooling and religion. In fact, it is the parent who has legal custody, not just physical custody, who makes these important decisions about the upbringing of a child.

Finances are an integral part of a divorce. And one very important document when discussing finances and divorce is a financial affidavit.

What is a financial affidavit? An affidavit is a sworn written statement made under oath; a financial affidavit describes your assets, your income, and other financial information.

It's very important for divorcing parties to understand what a financial affidavit is and how it can affect you, if you're going through a divorce.

You might think you have an iron-clad prenup, but do you really?

It may not be as hard as it looks to get a prenup tossed out in court. The simple fact of having a prenuptial agreement in place doesn't necessarily mean that it can't be found invalid.

At the end of the day, a prenuptial agreement is a contract. And if a contract isn't done right, it may not be enforceable.

Divorce attorneys are tucked away behind their desks for much of late winter and early spring.

Much of that is due to the fact that divorce rates peak in March, according to NPR. That makes March one of the busiest months for divorce attorneys.

Why?

So the holidays have passed and so has Valentine's Day. It's obvious to you and your significant other that it's time to call it quits.

Next stop: Splitsville.

Now is the time to start planning ahead and strategizing for what could be a long and painful ordeal -- divorce. Here are three things you should know before getting a divorce:

We've talked numerous times on this blog about financial issues in a divorce. Most recently, the fiscal cliff dealt with a large number of financial and tax issues. Many of these issues seemingly resolved themselves with the passage of the American Taxpayer Relief Act on January 1, 2013.

The American Taxpayer Relief Act (ATRA) seemed to alleviate many tax woes. But the American Taxpayer Relief Act had some deep implications for those with impending divorces.

Once upon a time, moving in with your loved one prior to marriage signaled a divorce down the line.

But it looks like things may be a little different now. It doesn't look like pre-marital cohabition has necessarily sealed your fate for divorce, according to the New York Daily News.

The Daily News points to a study conducted by the Centers for Disease Control and Prevention, in which engaged couples and co-habiting couples had as much success in their marriage as those who had not lived together prior to marriage. Some of these couples made it to the 15-year mark in marriage.

This week was Valentine’s Day. For many, it’s a day of love and appreciation. It’s a day when many women find themselves sporting their engagement rings for the first time.

For many more, it’s a day of heartbreak, deceit and divorce.

Valentine’s Day has been called the “coming out” day for cheaters. It’s the day when incriminating receipts are inadvertently left lying around. It’s a day when needs aren’t met.

A day when true feelings are exposed.

And in the midst of what is supposedly a celebration of love, people break up.

Marriages break up.

So in light of Valentine’s week and the aftermath of Valentine’s Day, we’ll discuss a few legal issues that may come to the forefront this week.

If you're getting a divorce, you can never be too careful about your finances. A large part of a divorce involves financial documents.

And a large part of financials involve tax planning. With the tax season upon us, many people are wondering what issues they need to consider regarding their taxes.

What are some tax issues in divorce you should be aware of? Here are three to keep in mind: