Author Archives: Reid McInvale
Can Children Decide Where They Live?
Texas law prohibits a child from choosing which parent he or she will live with after a divorce. But a child’s preference is important — to the parents, to the court, and most of all, to the child. At the quiet center of any divorce storm reside children. Pulled this way and that, children receive… Read More »
Can Same-Sex Couples Adopt in Texas?
As I discussed recently, same-sex marriage is not presently legal in Texas. While this poses challenges to couples who seek to solemnize their relationship, and to same-sex couples married in other states who seek divorce, it creates a unique path for same-sex couples who seek adoption. Adoption is a lifelong commitment to a child that… Read More »
Tips for Using Social Media During Divorce
Social media is ubiquitous. Facebook, Twitter, MySpace…where once people chatted in person, now they chat online — a lot. As a Texas divorce and child custody attorney, I witness the pain of clients who discover online, or through text, that a spouse is cheating. I see photographs unwittingly revealed online that sabotage a divorce or… Read More »
Does Texas Recognize Common Law Marriages?
Because many couples today cohabit and have children together without formally marrying, it is good to understand whether Texas recognizes their relationship as a legal marriage. Sixteen states recognize common law marriages. However, some states only provide recognition for marriages that occurred before a certain date. Texas recognizes informal marriages. There is no date that… Read More »
Ambiguity, the Nemesis of a Settlement Agreement
The importance of making clear agreements, not subject to other interpretation cannot be emphasized enough. Any apparent ambiguity can open the door to dispute. And then, sometimes even judges disagree on the intended interpretation. So, while agreements between parties to lawsuits is encouraged, it is necessary to ensure that such agreements are drafted in a… Read More »
How Do Rule 11 Agreements Apply to Divorce or Child Issues?
When couples have disputed issues during divorce or any other type of legal case they must resolve them or have the court decide for them. Hearing about a Rule 11 agreement is common during divorce, whether a comment made by a judge, your own lawyer, your spouse’s attorney or seeing it referenced in a court… Read More »
More About the Nature of a Binding Mediation Settlement Agreement
Thoroughly understanding the terms and conditions of a contract or any agreement is very important. For this reason, lawyers work to ensure that agreements contain no ambiguities. With a binding mediated divorce settlement, clearly written terms and full understanding are crucial. What happens if you realize later that you signed the agreement under the duress… Read More »
The Difference between Binding and Non-Binding Mediated Settlements
Mediation has certain merits and many couples successfully resolve their disputed issues through mediation. When signing a mediation settlement agreement (MSA), couples have two options. An MSA can be either binding or non-binding. This fact bears significant importance and is worth explaining. How a non-binding mediation agreement works Under the Texas Family Code, either spouse… Read More »
What Are Grandparents’ Visitation Rights under Texas Law?
Overall, Texas law gives parents priority when it comes to custody of their children. Parents also have the right to determine who has visitation with their children and to what extent. Other parties can have visitation as long as the parents agree. So when everyone agrees, parents and grandparents, there are no issues. When conflicts… Read More »
Parents’ Rights vs. Grandparents’ Rights
Grandparents can be an integral part of some children’s lives. However, if conflicts arise between parents and grandparents, how do parents’ rights legally stack up against grandparents’ rights? Individual states have their own laws, and for the most part, courts at the state level decide family issues. Even so, some cases have risen to the federal… Read More »
