Family Law Blog

If you are beginning a court battle where your relationship with your child, and your ability to participate in the decision-making portion of their lives was at stake I am willing to bet that you ...

As a part of the CPS investigation into the safety and well-being of your child, you will be asked to come up with a safety plan along with your support system and CPS. This service plan will attempt ...

It can feel like you are all alone when you are involved in a Child Protective Services ( CPS ) case. You can be made to feel like you are the only person to have ever been investigated by CPS and ...

It would not be out of the ordinary for a person who is involved with a CPS case to also have warrants out for his or her arrest. You may be attempting to gather evidence to prove your innocence or ...

Over the course of the past few days, we have spent some time discussing what the various steps are in the courtroom stage of your CPS case. From the first hearing, through meetings with CPS and into ...

What happens to your Texas CPS case once you get to court? CPS cases usually will follow one of two paths after the agency receives a phone call where abuse or neglect of your child is being alleged. ...

It can be a helpless feeling if your child is in someone else’s care and is harmed in some way. When it occurs in conjunction with a Child Protective Services (CPS) investigation it can be especially ...

Handling a decent number of criminal cases at my firm at any given time, the first thing that I usually look at when someone accused of a crime comes to my office for a FREE CONSULTATION is whether ...

If you are a Texas resident you are likely aware that our state’s foster care system has not been receiving the best of headlines recently. It seems that foster families and foster homes that our ...

One of the most intense and emotional aspects of family law are those cases that deal with Child Protective Services ( CPS ) removing a child from a parent’s home. If you find yourself in a position ...

Nobody likes to discuss embarrassing subjects with family and friends. We would all much prefer to share happy news about ourselves and our kids. Unfortunately, there are times in our lives where we ...

When can CPS remove your child from your home in Texas and what can you do about it? The most sickening and nerve-wracking experience in connection with a CPS investigation is the concern that you ...

There is nothing more invasive than a state agency knocking on your door and asking you for access to your life. Add to that the fact that you are also being suspected of abusing and/or neglecting ...

You probably have a fair amount of questions in regard to any investigation that Child Protective Services (CPS) begins in relation to your family. If this is your first time going through the process ...

If you have recently been contacted by CPS about a report being made to them that your child has possibly been abused or neglected you are probably feeling a bit uneasy at this moment. You don’t know ...

Once Child Protective Services ( CPS ) has become involved with your family, the agency will begin to gather information about you, your child and your family. Personal information will be included in ...

If you are a parent who has been alerted by CPS that a person has made the agency aware of possible abuse or neglect of your child, you probably have a lot of questions. Who made the call? What ...

When we feel like we are not in control of a situation it can be a very uncomfortable feeling. It’s like being behind the wheel of a car on the freeway and realizing that the brakes aren’t working. ...

It is a helpless feeling to be involved in a Child Protective Services ( CPS ) case in Texas. I have, unfortunately, never had the opportunity to speak to a parent who has any sort of interaction with ...

When it comes to feeling like you are owed something, perhaps no more can this emotion be felt so strong as when you are contemplating a divorce. This past Saturday I was meeting with potential ...

Divorcing couples often have to make a host of difficult decisions before they can move on with their lives and face a new emotional and financial reality. At the top of the priority list is thinking ...

When I am talking to a client about subject matter that bothers them, irritates them or otherwise doesn’t give them warm and fuzzy feelings I always tell them one thing. That is: I’m not having this ...

Have you ever held a preconceived notion of another person? Never met the person before, but you just don't like him or her. A friend of yours may have told you a story about that person years ago and ...

What court will hear issues about your child in relation to an international divorce? There is a great deal of uncertainty associated with divorce . For starters, you have no idea how long your case ...

Are you or your spouse living outside of the United States currently? Were you married in another country and are now residing in the United States? Texas, and Houston specifically, is home to many ...

It has become a trend in recent years for courts in southeast Texas to mandate that parties must attend at least one session of mediation (and likely more) before they ever are able to have their case ...

When it comes to family law cases there is no circumstance that is more sad, infuriating or dangerous than that of domestic violence. It is something that, thankfully, occurs in a rather small ...

Mental illnesses affect people going through divorce and child custody cases in very specific ways. If you are a parent whose spouse or significant other suffers from a mental illness then you very ...

In the vast majority of Texas, child custody cases no parent will ever be at risk of having restricted or supervised visitation. The presumption in custody cases is that it is in the best interests of ...

The great part about being able to blog on a daily basis for our community is that I have an opportunity to promote better knowledge of important issues related to Texas family law . Anyone is ...

Many people who go through child custody cases do so with the initial motivation to not have to live with their child’s other parent. There are always reasons for this but they tend to be fairly ...

In family law cases that involve mental health issues families but not only deal with the hardships that a case presents them with, but also must handle the problems associated with the particular ...

Are you a father who has heard from friends and family that you don’t stand a chance to be named as the primary conservator of your child because the law gives a preference to mothers in this regard? ...

Today’s blog post is intended to approach the subject of your relationship with your child from the perspective of the judge who will be overseeing your case. The way that you parent your parent is ...

If you were to ask yourself what a judge thinks is important when it comes to your child custody case, what would you say? Do you think that the relationship between you and your child is important to ...

The final age group of children that we need to consider in our series of recent blog posts is teenagers. Your high school-aged child may look, sound and act like an adult in many respects but the ...

In case you have not checked in on our blog the past few days I wanted to share with you what we have been writing about. Due to the volume of questions, I have received from parents in our ...

Nobody knows exactly what goes through a particular judge's mind in a particular case in family court . Yours will be no exception to that rule. We can take educated guesses and base those guesses on ...

Many people going through a divorce or child custody case will attempt to put themselves in the shoes of the judge. This makes sense, after all. You can tell your attorney endless statements about ...

Ultimately what you are trying to figure out in your child custody or divorce case is what will be in the best interests of your child. Whether you have an infant, a young child or a teenager, their ...

Family law cases not only take a lot out of you as a participant in the case but can also have a profound effect on your child. The irony is that you and your child’s other parent filed the case in ...

One of the most critical aspects of a family law case in Texas is the ability of a judge to keep your case moving towards a resolution. It is possible that if you and your spouse never need to have ...

It may come as a surprise to you, but in the context of a legal case, your interests and those of your child may not be completely aligned. This is probably surprising to you because since your child ...

So much of what we do on this blog is to provide you with advice that can positively impact your own behavior that is associated with your family law case. That’s not to say that you don’t know how to ...

In yesterday's blog post from the Law Office of Bryan Fagan, we introduced the topic of how your case will be handled by the judge whose court your case has been assigned to. You need to know ahead of ...

The majority of family law cases, whether child custody or divorce, do not require any sort of contested hearing. Most of the time you and your opposing party would be able to settle whatever issues ...

Suppose that you and your child’s other parent are going through a difficult child custody case. Your little one is now six years old and in the first grade at the elementary school in your ...

If you have ever been through a legal case where you had to appear in front of a judge for a hearing or trial, you have probably had the same thoughts that every attorney in the history of the law has ...

The overarching standard that a judge in your child custody or divorce case will utilize in order to make decisions in your case that are relevant to your children is the “Best Interests of the Child” ...

In yesterday's blog post from the Law Office of Bryan Fagan , we introduced the subject of the relationship between personal finances and divorce. The two do not have to at odds with one another but I ...

There is little more important in our daily lives than the state of our personal finances. I think it’s fair to say that we all wish we had a little more money to our names and fewer places that were ...

Have you ever assumed something to be true based on your observations of the world? I think we have all have done this before a time or two. I'll give you an example. If you see weeds growing in your ...

For the past few days, we have been discussing the topic of court-ordered spousal maintenance here on the blog for the Law Office of Bryan Fagan . I hope that the information that we have shared has ...

Growing up, did your mother ever tell you that, "Honesty is the best policy"? When in doubt, tell the truth, is basically what this boils down to. That saying is applicable in all areas of life. ...

If you believe that you need to get a divorce from your spouse but are hesitant to move forward due to concerns that you have regarding your ability to survive financially after your case concludes ...

Many spouses who are facing a divorce are concerned with their ability to take care of themselves from a financial standpoint. Many people face circumstances that are far from desirable at the ...

In yesterday's blog post from the Law Office of Bryan Fagan , we introduced the topic of mental health problems and their impact on divorces in Texas. I wanted to make sure that you were aware that ...

The attorneys with the Law Office of Bryan Fagan frequently utilize this space to describe just how difficult a divorce is. You may think that is counterintuitive for a family law attorney. Aren’t we ...

Despite the decision out of our federal Supreme Court a few years ago that legalized same sex marriage across our country there are still some misunderstandings and questions regarding that subject. ...

The entire premise of yesterday’s blog post from the attorneys with the Law Office of Bryan Fagan was that we wanted to provide you with advice and perspective regarding military divorces that was ...

Your marriage of ten, twenty or thirty years may have flown by but now you are considering a divorce . Not only is this going to affect you and your spouse presently but your future well being may be ...

In yesterday's blog post from the Law Office of Bryan Fagan , we spent a great deal of time going over the essential pieces of information about child support in Texas. Ultimately what most people ...

In my years as a family law attorney in Texas, there are few subjects that draw people's ire quite like child support. Seemingly no matter what kind of situation you or your spouse are in financially, ...

Of all the assets that you and your spouse own, it is likely that your home is the most important. For most of us, it is the single biggest investment we will ever make and will stand as our most ...

In yesterday's blog post from the Law Office of Bryan Fagan , we spent some time discussing the ins and outs of conservatorship . For the most part, parents are awarded joint managing conservatorships ...

Once you and your spouse have gotten a divorce you will likely want to move on to the “next phase” of your life as quickly as possible. No matter how well your divorce went it is an experience that ...

At the tail end of yesterday's blog post from the Law Office of Bryan Fagan , we introduced the concept of tracing as it pertains to determining whether the property is either going to be classified ...

When it comes to property related issues for Texas spouses, the most important and basic fact that you need to be aware of is that Texas is a community property state. This is what we are going to ...

This is sort of an awkward topic to write about, I'll be upfront about that. For the most part, this blog is dedicated to providing information for you from the perspective of a family law attorney. ...

In yesterday's blog post from the attorneys with the Law Office of Bryan Fagan , we introduced the topic of how to speak and act inside the courthouse . It is not a sure thing that you will be ...

In the past few days, the attorneys with the Law Office of Bryan Fagan have posted suggestions on how to improve your chances at being successful in your divorce case. Along with those suggestions on ...

In yesterday's blog post from the Law Office of Bryan Fagan , we utilized our time to discuss how you can improve and solidify the relationship that you have with your family law attorney. The nature ...

While your marital relationship will be the central focus of your divorce , it is the relationship between you and your attorney that will be the most integral to success or failure in your Texas ...

For the better part of a week, the attorneys with the Law Office of Bryan Fagan have shared with you all advice and perspective on divorce cases in Texas. We understand that no two divorces are ...

It is tempting to tell bold action in order to change the course of events. I think we can all say that at one point in our lives or another we have done something that we wish we would not have. ...

If you are a parent who is going through a divorce then it is likely that you are most concerned about what will happen to your children as a result of your case. Not knowing exactly where your child ...

In yesterday's blog post from the Law Office of Bryan Fagan , we began discussing how you can maximize your strengths, minimize your weaknesses and succeed in your Texas divorce . While no two ...

Stop for a moment and consider what a divorce truly is. Beyond the anger, hostility, jealousy, false promises, bad decisions and harsh words. What do you think a divorce really is? Is it purely an ...

When a family law attorney considers important factors in a potential divorce or child custody case, perhaps none is as quite as impactful as family violence . The reasons for this are obvious. Acts ...

The term “ alimony ” is used quite a bit in our culture to generally refer to payments made from one ex-spouse to the other after a divorce is finalized. You will usually find the term applied to ...

We left off in yesterday’s blog post from the Law Office of Bryan Fagan, PLLC by discussing issues related to how a court in Texas can enforce a child support order against your ex-spouse when he does ...

The State of Texas allows for two methods for you to pursue back due child support . The first is by contacting the Office of the Attorney General (OAG) who is in charge of collecting and distributing ...

The past few days on our blog here at the Law Office of Bryan Fagan, PLLC we have posted blogs regarding what to do when you are served with divorce or child custody papers from either your spouse or ...

In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC we have discussed what you can do if you find yourself on the receiving end of a family lawsuit of any kind. Whether it is a divorce ...

Routine is not a bad thing. I think that we as human beings do better when have a fairly set routine for ourselves. A certain bedtime, a certain time to wake up, a work schedule to follow, etc. Our ...

If you are a person that has an ongoing battle with substance abuse issues then you know better than anyone just how much of an impact addiction can have on your life. Make no mistake, whether it is ...

In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC we introduced the topic of coming up with a game-plan for your family law case and the importance of having an attorney by your side ...

Suppose that you are going through a divorce and are beginning the process of hiring an attorney. How would you go about doing that? Would you drive up and down the busiest street in your area of town ...

In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC we began our topic of dirty tricks parties will sometimes choose to employ in divorce cases by bringing up the subject of false ...

Anything is fair in love and war. So goes the old saying that I’m sure we’ve all heard a time or two either in real life or a movie. From my experiences as an attorney I think it’s fair to say that ...

Jurisdiction refers to the concept of one court having the ability to hear a case that one party has brought against another. There are some basic jurisdictional requirements that must be in place for ...

I don’t think you could find anyone who would try to argue that filing for divorce is a pleasant process. While every step makes sense in its own way that doesn’t mean that there aren’t some things ...

One of the most helpless feelings that a parent can experience is being in a position where you are not receiving the court ordered child support that you are entitled to. This can leave you ...

The right of first refusal is an issue that comes up in family law cases that can cause even the most creative and experienced family law attorney to scratch their heads on how to proceed. ...

If you are going through a difficult child custody or divorce case and are in need of practical solutions to the problems that you are facing, you have come to the right place. The Law Office of Bryan ...

If you are involved in any sort of child custody case, it is possible that a central topic, in that case, will be the performance of your child in the classroom. Their education is something at the ...

After your divorce , you and your ex-spouse will likely share (to one extent or another) the decision-making responsibilities associated with your child going to school. Sometimes that could mean a ...

As an attorney who also handles criminal cases, one of the common statements I get from someone who has been accused of committing a crime and comes to my office is: “The cop didn’t mirandize me” or ...

One of the most frequently asked questions of me in relation to people’s family law cases is what their child’s school needs to do in relation to their newly produced family court orders . Many of ...

In yesterday's blog post from the Law Office of Bryan Fagan , we spent some time discussing issues related to negotiating child support in Texas family law cases. There are a few issues that are more ...

Family law cases are typically not decided in a courtroom with a judge playing tiebreaker between two parents that cannot seem to agree on anything. I know that television and movies would have you ...

Military parents have a great deal on their minds, both before setting off for deployment and while overseas. If you count yourself among those people who serve in our armed forces I would like to ...

The plan that I have in mind is a visitation plan for you to be able to petition the judge for when that question is reached in your hearing. Child Support court may cause you to think that all they ...

It is not uncommon (unfortunately) to find parents like you who are concerned about the safety of your children and yourself. Families like yours will go to great lengths to ensure that they are safe ...

The safety and well-being of you and your child are the most important things in your life. If you begin a family law case and ask a judge to make decisions for your child, he or she will do so ...

I can't think of a much more helpless position to be in that as a parent of a child who is serving time in prison or jail. While you have likely made decisions in your life that you would like to take ...

Do you have questions about child support ? Do you not know if you have been ordered to pay child support? Are you outwork and unable to afford the child support payments that you know that you need ...

If you are a non-custodial parent, meaning that you are not the parent who cares for your child during the school week, you likely have visitation that involves possession of your child on the first, ...

Going to court to resolve a family law case is not a fun experience for anyone involved. You probably didn't need me to tell you that, but it is the absolute truth. There is nothing glamorous about ...

If the family court order that you and your family have been operating under for years no longer suits your needs, what are your options? What if your 14-year-old son is expressing an interest to come ...

One of the most frequent questions that I receive when I am meeting with potential clients of the Law Office of Bryan Fagan is whether or not that parent has a realistic opportunity to be named as the ...

The bottom line for you as a parent to be aware of as you explore the world of Texas family law is that if you go to court and receive a court order, the odds are good that the order will mandate that ...

Many parents in Texas who have a child together but are not married end up going before a family court judge to have child support orders set up. That process may have been started by the Office of ...

To get ready for any visitation session that you are provided in your Child Protective Services ( CPS ) case, your child’s caseworker and your attorney should talk with you before the visit to help ...

If you are incarcerated as Child Protective Services ( CPS ) is investigating an allegation of abuse or neglect of your child, it is likely to be one of the most frustrating experiences of your life. ...

The Department of Family and Protective Services ( DFPS ) investigates situations that involve abuse and/or neglect of a child. If it is suspected that your child has been abused or neglected a person ...

If you are not sure that you are the biological father to a child (or if the child’s mother is not sure) then neither of you should sign an Acknowledgment of Paternity . You and your child’s mother ...

The Office of the Attorney General ( OAG ) in Texas is not able to work on custody or visitation problems that you may have. Although your child’s mother may have filed a child support case against ...

If you are responsible for paying child support and are also facing the possibility of going to jail or prison for having committed a crime, you likely have a lot on your mind right now. At the ...

If you have a relative or close family friend or is able and interested in housing your child during a Child Protective Services ( CPS ) case then you should speak to that person about contacting CPS. ...

If your child is involved in a CPS case in the state of Texas then you need to be aware that he or she could be removed from your home and placed into foster care. I hate to put it to you so bluntly, ...

What does it mean for Child Protective Services ( CPS ) to become involved with your family? It’s probably become pretty obvious to you that CPS is not contacting you for something good. It’s likely ...

When your child is removed as a part of a Texas Child Protective Services ( CPS ) case and placed into foster care it would be natural on some level to view the foster family as something of an enemy. ...

Unfortunately, some parents do not take advantage of the time that is made available to them in Child Protective Services (CPS) investigations . I don’t necessarily mean that these parents do not show ...

When you have school, aged children going through a CPS case it is important that you be able to spend as much time with them as possible in order to help them cope with the difficulties of the case. ...

If you have multiple children that are involved in a Child Protective Services ( CPS ) investigation, then the agency will make every effort to place those children in the same living environment for ...

The Texas Department of Family and Protective Services ( DFPS ) has underneath its governance a division known as Child Protective Services ( CPS ). This agency is responsible for protecting children ...

There are some stereotypes that exist in the field of family law and divorce that involve women actually being at an advantage when it comes to how cases are decided. It is commonly thought that the ...

One of the most difficult parts of being a family law attorney is not always having the exact right advice to give to your client at any particular moment. We can know the law, know the possible ...

It’s no secret that a divorce case is probably the least fun you will have perhaps in your entire life. I don’t mean to be dramatic and I don’t mean to tell you this to dissuade you from getting a ...

So much of a family law case means learning about a process that to most people is fairly foreign to them. I think it’s fair to say that most clients at the Law Office of Bryan Fagan, PLLC have never ...

If you are involved in a family law case in Texas then you are likely interested in knowing what you need to do in order to best position yourself within the case. Certainly your concerns lie mainly ...

When an attorney refers to a child custody case in Texas what he or she is actually talking about is called a Suit Affecting the Parent-Child Relationship (SAPCR). The purpose of this case is to ...

In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC we discussed just how important a role in a child’s life grandparents play. Odds are good that if you read that post you are a ...

Many of grew up with our grandparents playing an important role in our lives. In some cases it could have been as our primary caretaker(s) in the event that our parents were unable to fill that role. ...

There are two types of divorces that come to mind when the two people have children. The first is a divorce where the couple has grown apart and want to legally end the marriage. Sure, there is some ...

There is a presumption under the law in Texas that it is in the best interests of your child that he or she be able to develop a long lasting bond and relationship with their mother and father. As ...

Whether you are a parent going through a divorce or a child custody case in Texas, you need to be familiar with how a court will view your case if you and your child’s other parent cannot settle in ...

When I have the opportunity to meet with a father who is going through a divorce the one thing that nearly all of these men will tell me is that their goal is to win 50/50 or “split” custody of his ...

So much of our concern during a divorce is in regard to the law, strategy, negotiation and analyzing the playing field as it pertains to your case. Did you pick the “right” attorney? Does the judge ...

The last thing that you want to encounter in your child custody case is a surprise. Family law attorneys work towards reducing the occurrence of surprises so that we can prepare and guide our clients ...

Anytime that you hear a horror story from a friend or family member who has gone through a tough divorce it is likely due to their not being able to work with their spouse on agreeing to much of ...

When you and your spouse got divorced you likely set forth in your final decree of divorce the requirement that you and he split 50/50 any uninsured costs related to medical expenses. That sounds all ...

“There is no place like home for the holidays.” So goes the opening line to a popular Christmastime song that we are all likely familiar with. It’s one of a handful of songs that is sung in the weeks ...

If you are a parent who has been through the family law courts in Texas and has been ordered to pay child support then you likely have two feelings about the support (at least two feelings, that is). ...

As we approach the midpoint of 2019, we all know that summer will be over before we know it. Next come the holiday season and then New Year’s. Many Americans plan ahead for what resolutions they would ...

Have you ever heard a friend or family member’s divorce horror story? I’m sure you know what I’m talking about. This person will tell you in no uncertain or unspecific terms just how bad their ...

A lot of people have ideas about divorce that are not necessarily true. For instance, did you know that most divorces in Texas never see the inside of a courtroom? Most divorces are settled prior to a ...

Let’s start today’s blog post from the Law Office of Bryan Fagan, PLLC with a story. I recently spoke with a woman who told me about a man that she had dated in high school. After high school, the ...

How many of you are contract employees? You work a job for a period of time and then move on to the next one when your current contract runs out? Sometimes you go weeks or even months in between ...

I think the most common goal that I will hear from parents (mainly fathers) is that they want 50/50 or split custody with their spouse after the divorce is over. From my experience, fathers have had ...

The Standard Possession Order (SPO) is the, well, standard for possession for parents in Texas family law cases who are not designated as the person to determine the primary residence for their child. ...

No two families are created equal. As a family law office, the attorneys with the Law Office of Bryan Fagan, PLLC understand this to be true in more ways than one. One of those ways is how families ...

Being a parent and having to go through a family law case is one of the more stressful experiences that you can go through. After having represented so many parents over the years in cases just like ...

If you are a parent and are going through either a divorce or child custody case, chance are that you have been thinking about what you would like your child’s life to look like after your case. At ...

It is not only retirement benefits that you are currently eligible for that can be awarded to your spouse in a Texas divorce . Future retirement benefits- ones that you are not even eligible for right ...

The Federal laws that cover the division of military retirement pay in Texas divorces is known as the Uniformed Services Former Spouses Protection Act (USFSPA). It allows Texas family law courts to ...

Divorces work the best when both parties have access to the same information and can negotiate with each other based on that information. Transparency is typically a good thing, and a divorce setting ...

Military servicemembers in some circumstances sustain injuries while in the line of duty. If you were unfortunate enough to sustain an injury that ended your military career and caused you to receive ...

If you or your spouse are disabled and receiving disability insurance benefits through the Social Security Administration then you are likely aware that your children are also eligible to receive ...

In exchange for the sacrifice, mental and physical hardships that are associated with serving our country in the military, service members and their families have available to them benefits through ...

If you are married to a member of our armed services then you deserve special recognition as someone who has paid a price, along with your spouse, in order to benefit our nation and your fellow ...

In yesterday’s blog post we discussed some basic information related to discovery requests in Texas divorce cases . When your spouse is asking you for information: responses to questions, documents, ...

There are legal terms that are used in relation to a divorce that we just don’t hear talked about much in day to day life. Discovery is one of those terms. Sure, we know what discovery is and most of ...

If you have not already done so I highly recommend that you go back to yesterday’s blog post from the Law Office of Bryan Fagan, PLLC that covers information relating to preparations that you can ...

A divorce case is enough to cause any person to feel a great deal of anxiety. You are considering whether or not to make a decision that will have a profound impact on your children, yourself and your ...

If your family is in a state of turmoil due to violence, financial problems or anything in between then you may have concerns about the stability of your family and your ability to provide for your ...

In my years of practicing family law , I have found that so much of the practice involves helping clients understand what reality is versus their perception of reality. For example, if you are like ...

If you think that you are going to be stuck with a cranky judge issuing a ruling in your divorce it’s time to think again. The vast majority of Texas divorces end not in the courtroom but in a ...

In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC we covered the initial phases of a divorce in Texas and what you can expect within them. Today we will pick up where we left off by ...

Divorces in Texas are a paradox. On the one hand, I would tell you that your divorce is unique and that nobody else’s before yours or after can match it in terms of circumstances and characteristics. ...

A while back, a fellow attorney asked me some questions about whether a Mediated Settlement Agreement (MSA) could be revoked or set aside in a Texas Divorce. I have also debated this question before ...

There are a number of factors in play when it comes to how child support can and should be calculated in your divorce or child custody case. In large part, the amount that you will be on the hook for ...

As an attorney who also handles criminal cases, one of the common questions asked is: “What is the punishment range for the crime I have been charged with?” Therefore, I thought it was a good idea to ...

In many divorce cases there will come a point in mediation where one spouse will be concerned that the other will not follow through on some part of their agreement. I’ll give you an example. Suppose ...

As opposed to spousal maintenance , which can only be ordered by a judge after a trial has occurred, contractual alimony is a form of post-divorce spousal support that can be agreed to before a trial ...

If you have been away from our blog for a little while then you probably missed the first few installments of our blog posts that cover the subject of spousal maintenance . Specifically, we have ...

When it comes to issues that people have the most questions about, I think spousal maintenance is probably one of the most popular. If you are going through a divorce it is likely that the thought has ...

In 2011, the State of Texas passed laws that change the manner in which you can be eligible to receive spousal maintenance via a court order. The laws purposefully restrict your ability to collect ...

In some instances, spouses will come into our law office to discuss the possibility of our office representing both of them in an upcoming divorce . They have already hatched a plan to settle all of ...

Divorce in and of itself is not uncommon in our world today. What is uncommon, however, is a person entering into the divorce process with as much information as he or she needs to be successful. Many ...

Arriving at a decision to file for divorce is not easy. You likely have taken a great deal of time to consider your options and whether or not moving forward with a divorce is the right choice for you ...

Just when you think you’re done, you get pulled right back in. If you thought something along those lines as you read the title of today’s blog post from the Law Office of Bryan Fagan, PLLC I can’t ...

We all want to avoid mistakes in life. Hindsight is 20/20 as the old saying goes and it wouldn’t hurt to be able to have some perspective on your divorce before you actually head into the case. Better ...

Yesterday we introduced a topic that is an important one in my opinion, namely, popular myths that if believed could harm you during your divorce. Specifically, I noted that myths and untruths ...

The only thing more prevalent in Texas than family law attorneys are myths about family law cases, specifically divorces. Everybody knows someone who is divorced nowadays. Each of them have an opinion ...

If you are in the military or are a spouse of an active duty servicemember you don’t need me to tell you that your life is different than most of your neighbors. The demands on your time, the ...

Outside of issues related to your children, if you are going through a divorce then odds are you are most concerned with your property. “Stuff” may not be the most important thing in the world but it ...

Knowing the ins and outs of how the property that you own- both individually and collectively with your spouse- will be divided in your divorce is incredibly important. The rules associated with ...

Yesterday we began to discuss the much debated topic of child support . If you have been through a divorce or a child custody case then you are likely aware of this. However, if you are just beginning ...

I think that of all the issues regarding family law in Texas, the one that I get the most upset, flustered and exasperated questions about is child support . Whether you are the parent who stands to ...

In yesterday’s blog post we introduced the topic of the right of first refusal as it pertains to parenting plans in family law cases. Basically, the right of first refusal involves the need for either ...

If you are involved in a divorce or a child custody case then your primary concern likely lies in the area of your who will be taking care of your children when you are not with them. That, from my ...

People, like yourself, who are going through a divorce have a lot of questions typically. What is going to happen to your relationship with your children? Are you going to have to pay spousal ...

Sometimes, relationships don’t work out. The fact that you are reading this blog post on a family law attorney’s blog tells me that this statement that I just made is absolutely true. It is true for ...

For the past couple of days, the attorneys with the Law Office of Bryan Fagan, PLLC have spent some time helping you learn how to choose a family law attorney for your divorce case. The advice that we ...

Hiring a divorce attorney takes time. If you have never gone through this process I can assure you that it is not one that you want to rush through only to find that by saving time you ended up ...

No two divorces are created equal. Your divorce could be highly contentious and filled with drama about money and children. Your neighbor’s may be calmer with less to argue about and fewer hurt ...

In the event that you are pondering whether or not to file for divorce it is also likely that your marriage is in bad shape. That may be the understatement of the century or about the least profound ...

You have managed to file for a modification of a prior child custody order, you’ve gotten your ex-spouse served and are ready to move on to phase two of your case when you get the impression (for one ...

You’ve probably heard the expression, “What you don’t know can’t hurt you.” I don’t know where the phrase came from and as an attorney I couldn’t think of a less true statement, to be honest. What you ...

We began to discuss the topic of over-50 divorces in yesterday’s blog post from the Law Office of Bryan Fagan, PLLC . As I will often do when we have multi-day topics such as this one, I recommend ...

With the benefit of age comes the ability to have built up wealth that stands to benefit you, your spouse, your family and generations of your family to come. The effort that you put into building a ...

It wasn’t that long ago when divorce was relatively uncommon and most people’s households looked pretty similar. Mother. Father. Children. Everyone lived under the same roof. Dad worked, maybe Mom ...

Everybody wants to be happy. You do. I do. My wife does. My daughters do. I could go on and on just like this. Suffice it to say that in our modern world happiness and living out a life that causes ...

Coming to the realization that you need to get a divorce can be extremely challenging. After all, you are pondering whether or not to end a relationship that has been the longest and most important ...

As we inch closer to the end of another school year, parents across the State of Texas are bracing for the return home of their children. Not that the kids have been away from home for nine months, ...

The reason that brought you to the website for the Law Office of Bryan Fagan, PLLC is likely the same reason why other members of your community are here as well. Infidelity (known in the law as ...

In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC we introduced and discussed information and topics related to father’s rights in the context of divorce cases. If you are a Texas ...

You may be involved in a divorce case with your wife, but if you are a Texas father your primary concern is probably that you will not be able to have the same relationship with your children that you ...

While not every divorce can be done in sixty, seventy or eighty days, some can. For this to be possible you and your spouse will need to understand how this can be done and if your circumstances will ...

Nobody wants to go through a divorce . You may find yourself wanting to separate yourself from your spouse due to arguments, anger, violence, lies and any number of other bad and intolerable offenses ...

When a divorce is filed, either by you or your spouse, it sets up a potentially awkward (at best) situation in your home. You and your spouse know that your marriage is not going to continue and that ...

You are able to get a divorce in Texas for any reason under the sun- or none at all. I like to tell potential clients who come into the Law Office of Bryan Fagan, PLLC for a free of charge ...

Let’s open up today’s blog post from the Law Office of Bryan Fagan, PLLC by going through a hypothetical situation that could be relevant in your situation. After we go through the hypothetical we ...

People with disabilities face challenges that are unique to their given situation. Whether the disability is mental or physical if you are disabled there are daily, sometimes hourly reminders that ...

If you are unable to work due to an injury that you have suffered or from an illness then you may well have applied for Social Security Disability benefits . These benefits are either disability ...

There are lots of reasons to get a divorce . I meet with folks that have gone through serious problems in their marriages over the course of many years. These people have sought counseling, therapy ...

Generally speaking, if you are getting a divorce there are two subjects that should be at the top of your list of important ones to consider before beginning your case. The first is children. If you ...

In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC , we introduced the topic of how divorce can have long-ranging impacts on your credit . If you have not already done so I recommend ...

In the world we live in today credit has become an integral part of our lives. If you want to rent an apartment, obtain a business loan, buy a house, put an addition on your existing home or do much ...

If you search for online articles about divorce and finances you could spend the rest of your life reading through the results and still wouldn’t have enough time to read them all. Besides children, ...

It’s 5:00 on the day that you file your Divorce Petition . Do you know where your spouse is? If you find yourself in a position where you want to get a divorce and in fact have already filed to get ...

In yesterday’s blog post we details the steps that are involved with providing notice of your divorce lawsuit through a process called service. This is not a complicated topic but it is very important ...

By Amir Tavakkoli, A.T. Law Office, Houston, TX In a today’s age where lawsuits and suing someone for monetary damages has become more common than ever before, a time when attempting to resolve ...

A divorce case does not truly begin at the time you interview your attorney for the first time. It does not begin at the time you actually hire the attorney. It still really hasn’t begun when your ...

The most prominent concern that most people have in regard to their divorce is the length of the process. How long is this going to take? Getting a divorce can be like going to the dentist…everyday, ...

How can you speed up the divorce process a great deal in Texas? The best answer to this question to work with your spouse prior to filing for divorce in order to settle any outstanding issues that you ...

Can you get divorced in Texas if you were married in another state? The answer to this question is yes, if you or your spouse qualify as residents in Texas and the state has jurisdiction over your ...

What makes a divorce such an interesting process is that it combines the formalities of a full-fledged legal case, and the personal aspects associated with the relationship between you, your spouse ...

In today’s blog post from the Law Office of Bryan Fagan, PLLC we will conclude our three day topic of discussing what factors/circumstances in your divorce can drive up the costs associated with the ...

The title to the blog says it all. Most people who come in for a free of charge consultation with the Law Office of Bryan Fagan, PLLC will ask me some variation of the question: “What can I do to make ...

As I’m sure you could imagine, the attorneys with the Law Office of Bryan Fagan, PLLC represent all sorts of people who are going through divorces . We have clients who have a lot of money and no ...

A social study can be a pretty invasive process. You are asked to speak to a stranger about your strengths and weaknesses as a parent. You are asked to turn over a list of references of people in your ...

The past few days we have been discussing the topic of social studies generally and more specifically home studies in yesterday’s blog post. If you have not done so already I recommend that you go ...

In a Texas family law case where child custody is being disputed you will be assigned a social study evaluator to work on your case. This evaluator will conduct a social study that results in ...

In your divorce or child custody case you may be faced with a difference of opinion between yourself and your opposing party on who should have the right to determine the primary residence of your ...

When you get into a position where you need to hire an attorney for your family law case, what should you do? I mean, you obviously want to hire a lawyer but what should you do to actually get into a ...

If you were motivated to do so you could read through the hundreds of blogs that we have posted on our website over the past years and you can learn a lot about a number of different topics in Texas ...

This past week I had an opportunity to meet with a woman who came in to the Law Office of Bryan Fagan, PLLC to tell me about a divorce petition that she was having to respond to. She was served with ...

If you or your spouse own a business that is part of your community estate then you probably know just how much of an impact that business has had on your family and your finances. Whether it is a ...

Some of the most frustrating and sad cases that the attorneys with the Law Office of Bryan Fagan, PLLC work on for our clients are those that center around Child Protective Services ( CPS ) ...

A temporary orders hearing may not sound like a big deal based on its name alone. After all- “temporary” means not permanent and therefore not important, right? If you can change something later on ...

Despite the fact that the vast majority of family law cases in Texas settle before the parties ever have to reach a contested hearing, there are still some instances where you may find yourself ...

In the State of Texas, after you have been served formally with a divorce petition as filed by your spouse, you have until 10:00 a.m. on the first Monday that occurs after the expiration of twenty ...

If you believe than an error was made by a judge in your child custody or divorce trial you have an opportunity to correct the error(s) by filing a motion for new trial. By filing a motion for new ...

If your divorce case went all the way to a trial then you know just how much of a commitment it is to see a case from beginning to end. All of the time, money and emotional output that is required in ...

If you have recently, or not so recently, gotten married and now are having second thoughts you are not alone. It happens with far too great of frequency that spouses across Texas believe that their ...

I was fortunate to meet with a young lady this past week who came to our office to ask some questions regarding the possibility of getting an annulment from her husband. Her circumstances don’t need ...

The State of Texas has certain requirements that you must meet in order to be legally able to adopt a child in our state. For starters, you must be at least 21 years old and be a responsible adult ...

An adoption order that is created in another country in regard to you adopting a child from that country is given as much weight and enforceability as an adoption order created in Texas. The only ...

Attempting to adopt a child is one of the most generous and loving acts that you can undertake. If you have already filed your petition for adoption you have likely come to realize that there will be ...

Blended families are more and more becoming the norm in Texas and around our country. With that, the dynamics of what a family looks like and who comprises the family are changing. In situations where ...

Family violence commonly refers to a pattern of sustained abuse by a perpetrator against a victim with whom the perpetrator shares a familiar, dating and or marital relationship. The purpose of the ...

Otherwise known as a Magistrate’s Order of Emergency Protection, an emergency protective order must contain the following information no matter what your particular circumstances are. As we discussed ...

There is a problem in our State (and you could insert the words country and world in here if you would like) regarding violence between spouses and intimate dating partners. Between emergency phone ...

If you and your spouse have been married for at least ten years prior to your divorce then you are eligible to receive spousal maintenance after your divorce. Sometimes called “alimony” or “spousal ...

A journey of a thousand miles begins with a single step. This well known phrase has probably been uttered to you a time or two during your life to help you to conceptualize that your first step ...

From my experiences working for the Law Office of Bryan Fagan, PLLC , I have come to realize and appreciate that marriages can end even after both spouses have put in a lot of effort to maintain the ...

In yesterday’s blog post we discussed the process of requesting and obtaining a guardianship over your disabled, adult child. We will continue to discuss that topic today and will also get into ...

As a parent you are responsible for caring for your child in all areas of their lives. Making sure they go to school, making sure they eat their veggies, making sure that they have a place to live and ...

If you are a grandparent, aunt, uncle or other concerned person with a relationship to a child in Texas you may have pondered how you could become a more permanent part of that child’s life. Recently ...

For the past couple days we have discussed paternity issues on our blog. An important document that is related to paternity is an Acknowledgment of Paternity (AOP). This is the form that you and your ...

There is more than one way to skin a cat and there is more than one way to establish paternity in Texas. Let’s start off today’s blog post by going through each of the three options. As an aside, I ...

If you are a mother who has just given birth to a son or daughter your concerns are likely related to making sure that child is safe, healthy and well provided for in the years to come. These are ...

One of the questions that I always ask clients as they prepare for a divorce is whether or not he or she has a Will in place. Many will tell me no, and that their reason for never having had one ...

The word “adulting” has been added to our lexicon in recent years in referencing to activities that are thought to display the qualities of being an adult. Things like waking up early for work, ...

Here’s a question that was posed to me recently in a consultation with a potential client of the Law Office of Bryan Fagan, PLLC : can spousal maintenance be awarded to a person after their divorce ...

If you are in a position where during your divorce you are asking for spousal maintenance as a disabled person you may first be disheartened to learn that there are limitations on how much and for how ...

If your judge determines that spousal maintenance should be awarded to you in your divorce has to figure out how much, how long and how the payments should be made to you from your ex-spouse. To ...

Frequently referred to as “alimony” spousal maintenance is a relatively recent phenomenon. In fact, Texas was the last state in the country to create a law that allows a court to obligate a person to ...

Paternity fraud occurs when a mother tells a man that her child is the man’s biological offspring despite knowing that either the man is not the father of the child or he may not be the father of the ...

Spring Break is a great time of the year. It is that perfect mid-point between the short, cold days of Winter and the extended days of fun-in-the-sun that we are fortunate enough to experience in the ...

Is your divorce or child custody case going to go before a judge? Will you have to withstand a couple days in court in order to arrive at a conclusion to your case? These are common questions, and ...

Families are structured differently now than in previous generations. The “nuclear” family that has been exhaustively discussed and written about since the end of World War II. We now see families ...

If you have not already done so I recommend that you go back to yesterday’s blog post and read what we were discussing about college tuition, divorce and agreeing with an ex-spouse to take on the ...

When we talk about college expenses what exactly do we mean by that term? Tuition for attending classes at a college or university is probably the first thing that most of us think about. Room and ...

When we use the term “ joint custody ” what do we mean, exactly? Custody as a word does not appear in the Texas Family Code even once. It is a term that we use to combine all aspects of parenting ...

Answering common child custody questions for Texas parents In recent months I have had a handful of people come into the Law Office of Bryan Fagan, PLLC with questions about how set in stone their ...

Have you ever misunderstood something but never bothered to ask for a clarification? Or have you ever been told something by a friend or relative that you knew in your heart wasn’t right but didn’t ...

Many people going through divorces , especially fathers, tend to hold beliefs that are not quite accurate in regard to child custody laws in Texas- in the past and in the present day. Today’s blog ...

I previously discussed in other articles of auto accident cases and/or personal injury claims, including, how to get more money after a car accident, and the auto insurance policy limits for your ...

I previously discussed in another article, how to get more money after a car accident, ( click here to see previous article ) the issues with getting in an auto accident and how to get more money in ...

We’ve all heard the tried and true sayings regarding a home . It’s the most important purchase you will ever make, some will say. It’s an investment in your future, others will opine. Whatever it is ...

There’s more to life than money, stuff, property, etc. If you have kids then you know this to be an ironclad rule. If you don’t have kids you probably still have aspects of your life that are more ...

When you think about a divorce does your mind immediately go to thoughts of a courtroom with an old, stuffy judge in the front who is banging a gavel and deciding your fate? It does for most people ...

A divorce, simply put is a dissolution of your marriage. This means that you and your spouse will be declared to no longer be married by court order. Your marriage will no longer exist by virtue of ...

Today, I would like to continue discussing an important topic that is related to family law : adoption . If you are interested in going back to yesterday’s blog post in order to read what we posted on ...

If you and your spouse have any inkling about starting a business with one another then you will want to read this blog post. Starting a business with your spouse is not like starting a business with ...

When I’m meeting with a person in our community during a free of charge consultation offered by the Law Office of Bryan Fagan, PLLC I do my best to notice trends in questions that are asked of me. The ...

A lot of prospective clients that come in for a free consultation with one of the licensed family law attorneys with the Law Office of Bryan Fagan, PLLC will do so with questions about their marriage ...

What sort of benefits and disadvantages may be inherent for you and your spouse when it comes to signing a premarital agreement ? That is probably the most common question that I am asked by a person ...

In doing some recent consultations with potential clients of the Law Office of Bryan Fagan, PLLC I have encountered some topics that I don’t think I have ever written about on this blog. With that ...

Have you recently been divorced? Think back to your mindset at the beginning of your case. Were you worried about the future? Were you worried about how your children would react to all the changes? ...

A final decree of divorce in Texas will typically have two main sections: one dealing with your children (if you and your spouse have any together) and then another on financial issues. Issues like ...

Once you finally have made it through your divorce you may want to do nothing more than put your feet up and assess your situation for a good long while. After all, you’ve had to go through an ...

When you have at long last attended mediation for final orders or have withstood a trial for the same purpose, you probably feel a sense of relief. You may even be asking yourself if this is really ...

Today’s blog post from the attorneys with the Law Office of Bryan Fagan, PLLC will focus on some bigger picture issues that are relevant to your divorce. You may not be focused on these particular ...

Perhaps the most important decision that you will face in your divorce in relation to whether or not to divide up a retirement account during a property settlement is whether you would prefer to ...

Depending on your goals for retirement savings and the circumstances that you find yourself in you may be in a position where you will want to deviate somewhat from what I am going to discuss with you ...

In our world today we are bombarded with encouragement from people to purchase a home if we have not already done so. It’s the ticket to the American Dream, some say. You’re a fool for throwing your ...

The mortgage has a role to play in this decision Most of us who own a home do so in part because we were able to take out a loan that represents the lion’s share of the purchase price. If you were ...

When a bankruptcy is initiated after a divorce has already concluded a bankruptcy court will review the divorce decree and that may be all that they review from your divorce. The key points for the ...

If you have not already done so, I would recommend that you go back to yesterday’s blog post from the Law Office of Bryan Fagan, PLLC and read our thoughts on bankruptcy and its potential impact on ...

An unfortunate byproduct of going through a divorce is that selling the family home is often a reality that needs to be faced. Whether doing so is an order of the court or is agreed upon by you and ...

Filing for Bankruptcy is a decision that you should make only after balancing it against all of the other circumstances and issues related to your divorce. Bankruptcy is a federal matter and is not ...

In my daily life before I make any decision of consequence I always ask myself the following question: “Will my doing (insert specific action here) benefit me or my family in any way?”. If the answer ...

I can count on one hand the number of people that have come in to meet with me for a consultation who have asked me about debts that they and their spouse have. Debt is a common attribute of married ...

At the top of your divorce priority list you will find the subject that is far and away the most important to you. If you are a parent who is going through a divorce then you will almost certainly ...

“Best practices” is a concept that is utilized pretty frequently in the business world. This concept refers to mimicking the operations and processes utilized by other people and companies that have ...

Stressful situations usually bring about two sorts of responses from people, at least in my experience. The first group of people will understand that they are in a trying situation and will use that ...

The way you act at your grandmother’s house on Thanksgiving is probably different than how you would act on a night out with friends or how you act at work. That’s not a critique of you or anyone else ...

In yesterday’s blog post we spent a great deal of time going through how to go through the process of hiring a family law attorney to represent you in your divorce . Then, we transitioned into tips ...

When a person decides to hire our office to represent him or her in their divorce I always do my best to make that person feel comfortable with our office and with me as a person if I am assigned to ...

When I am interviewing potential new clients of the Law Office of Bryan Fagan, PLLC , I will typically ask the person if they have ever hired an attorney before. The answer is usually, “No”. Next, I ...

The great thing about technology is that you can use it both as an offensive weapon and a defensive mechanism in your divorce . In fact, if you are not doing so it probably cause you some harm in your ...

Even the most resistant among us have an online or digital presence to one degree or another. Just think about how many conversations that you have had with older relatives around the holidays about ...

You may count yourself among those people who are not all that computer/digitally/technology savvy. Your line of work may not call for much know how when it comes to technology and your interests in ...

With the expansion of the digital world your divorce case now transcends the everyday world of time and space that we inhabit on a daily basis. Technology gives us so much and at the same time can ...

Not only is divorce a fairly expensive process but it takes away resources from that already expensive and time-consuming commitment that we all share called our day to day lives. If you are ...

It is not just your retirement savings or business interests that can be affected financially in a divorce . What you will learn quickly in a divorce is that the areas of your life are interconnected ...

One way to examine the impact of a divorce is to look at it as a matter of dollars and cents. A business transaction of sorts. Yes, it is more than just a business deal. You and your spouse are not ...

Before we jump further into discussing how property is divided in a Texas divorce and all the issues that come along with it, let’s take a second to slow things down and actually define what property ...

There are many moving pieces from a financial perspective when it comes to your divorce. Think of you and your attorney as entertainers who try to keep plates spinning on the end of a stick. Getting ...

You may be asking yourself what is and what is not appropriate to talk to your child about in the context of divorce. The short answer is that what you believe is appropriate is what actually matters. ...

If you’ve been hanging around the blog for the Law Office of Bryan Fagan, PLLC the past few days then you know that we’ve been discussing the topic of finances. Specifically, how your personal ...

When I was growing up my parents didn’t really discuss finances with me all that much. They got divorced when I was in grade school but, while I knew it wasn’t worth the effort to ask for the most ...

To get a divorce in Texas and not have some language contained in your Final Decree of Divorce that takes into consideration the need to prepare and save for your child’s college education would be a ...

How much does it cost to hire a criminal defense attorney? This is a question that people charged with a crime or their families often think about when dealing with the difficult process of facing ...

Of all the things for you to worry about as a result of your divorce case you may not feel that your retirement is all that important compared to issues regarding your children, your home and other ...

While a reasonable and immediate goal for you to hold in the middle of your divorce is simply for the divorce to be over with, this goal will not suffice when it comes to your need to plan long term ...

There is no way of avoiding a simple truth about divorce : it is not fun. You may have a sense of satisfaction when your divorce is finished but you will not feel anything close to enjoyment as a ...

Maybe you have recently started to think about divorce. Or, maybe you are in the middle of your divorce , but you have been so busy that you missed some of our blog posts that could help you a ...

At the outset of today’s blog post, I would like to briefly discuss the importance of having cash on hand in the immediate time period after your divorce. You may be thinking to yourself: “I’ll have ...

There have been very few instances that I have seen spouses handle finances on an equal basis during my time as a family law attorney. There is usually one spouse who takes the lead on doing any ...

Credit is a funny thing. Two generations ago our grandparents had a mortgage on their home- a home that cost around $10,000 most likely. One generation ago our parents started using a credit card for ...

Divorce is complex. There are deeply personal components to divorce which make the process heart wrenching. You are separating, legally and figuratively, from your life partner and the stability which ...

If you are over the age of fifty and are considering a divorce from your spouse you are not alone. Divorces among people of your age group are becoming more common. Just as with every age group, ...

In a typical child custody hearing in Texas, only the parties to the case (as well as the Attorney General for child support purposes) needs to be given notice of a hearing. However, if there is a ...

Because of the special circumstances surrounding Native American children, the Indian Child Welfare Act (ICWA) was created in 1978. The Act requires child welfare organizations across the nation, ...

In the event that your child is a member of an Indian tribe or is eligible to become a member of an Indian tribe then your family has rights under a federal law known as the Indian Child Welfare Act ...

If you are a parent going through a divorce then you know that a large component of your case has related to your child and what sort of custody provisions will be included in your Final Decree of ...

Despite the fact that Muslims can achieve a valid divorce in their faith tradition of Islam, Muslim men and women in the United States can only become legally divorced by obtaining a divorce decree ...

One of the benefits of living in southeast Texas is the diversity of the people who live in our community. A group of people that are often the subject of much discussion but a lack of understanding ...

In the Jewish faith tradition, there are courts that are specific to Judaism which play an important part in the life of married persons who are seeking a divorce . Known as a Beit Din (rabbinical ...

Divorce is not an uncommon topic in our world today and is becoming seemingly less and less so as time passes. We all know a friend, co-worker or family member who has been divorced. You may have even ...

Being in a position where your parental rights are at risk of being terminated means that you have to make decisions that can affect the rest of your life and the rest of your child’s life. Not only ...

Simply put, terminating your parental rights occurs when your rights to your child are taken away. This means that you are no longer your child’s parent and have no duty to support him or her and have ...

We all have a friend, neighbor, coworker or family member who is more than happy to give us their opinion on every subject under the son. Unfortunately for us, that person is normally wrong more often ...

Yesterday we posted a blog that introduced the topic of some commonly held beliefs about Texas family law cases that may not be exactly true. Today we will continue with this subject and hopefully ...

One of the parts that I find to be rewarding of being a family law attorney is having the opportunity to meet with people just like you in our free of charge consultations. In one of these ...

If you are the nonbiological parent to a child you should want to look for ways to legalize your relationship with your child in order to protect your rights. As a Lesbian, Gay, Bisexual or ...

In an era where lesbian, gay and transgender persons are working towards gaining more widespread acceptance of their lifestyles it would only make sense for the legal system to follow suit and honor ...

Just because you are an enlisted member of a military branch does not mean that your life outside of your commitment to our country does not continue. Unfortunately, you will need to deal with ...

If you are a servicemember then you have likely been reassigned to a new station at least once. This change in “home base” often times comes with a change in pay as well. Military pay is based on the ...

Texas is a big state. Texas is a state with a lot of people living here. Stop me before I tell you something you already knew. Fort Hood is one of the largest military installations in the country. ...

Families in today’s world are not the nuclear family of generations past. Unmarried couples cohabitate with as much frequency as married couples and children born to unwed parents are commonplace as a ...

In a perfect world, a final decree of divorce would only be used as a fallback measure for families after a divorce has been completed. You and your ex-spouse would be able to work together to settle ...

If you are a consistent reader of the blog posts from the Law Office of Bryan Fagan, PLLC then you know that your attorneys are big fans of mediation . Mediation is a process by which two parties to a ...

Probably the most frantic people that I come into contact with as a family law attorney are spouses that are needing to not only file for divorce but are victims of violent actions at the hands of ...

One of the more straightforward responsibilities that a judge has is to review the evidence submitted, decide what will be included in the official record and then render a decision based on the ...

One of the tough parts of being a family law attorney is that so much of what we do centers around our ability to convince a judge of something based on the individual circumstances of a case. So, if ...

If you’ve read through the blog posts on our website for a long enough period of time I’m willing to bet that you have come across a post where we have suggested that you try to put yourself in the ...

Well, you’ve finally made it. Whether it’s a divorce or child custody case you have managed to make it through the case in one piece. The case is done. Your judge has signed his or her name on the ...

Family law attorneys tend to have people talk to us about subjects that they normally would reserve for their priest, pastor or best friend. It allows us to learn more about the person and how to best ...

Money fights. Infidelity. These are two of the more common reasons why people get divorced in our country. There are violations of trust inherent in each of these reasons for divorce that once they ...

A behavior that many parents will attempt to limit their child’s exposure to is that of drug and alcohol abuse. Unfortunately, there are many family law cases that involve a parent needing to protect ...

After going through the ups and downs of a child custody or divorce case the last thing you want to have to deal with are final orders that either does not accurately reflect what was agreed upon in ...

Negotiating the terms of a settlement related to visitation of your child after a child custody or divorce case can be the most important part of your case. It is not only what is agreed to that is ...

Child custody decisions hinge on a determination of what is in the best interest of your child. If you are a known user of marijuana your use of the drug will be viewed in terms of how often you ...

This week the attorneys with the Law Office of Bryan Fagan, PLLC have been sharing our thoughts on the subject of divorce with you all. Specifically we have tried to provide you with an overview of ...

I have heard from more than one person who has met with me for a free of charge consultation that they were nervous to come in and talk to a lawyer. The reason for this, I think, is that our culture ...

As a family law attorney I run into people, clients and non-clients alike, who hold views on divorce and child custody cases that are sometimes so off from what the reality of the situation is that I ...

If you have made the difficult decision to file for divorce then you have already crossed a threshold that many people sitting in a similar position as you do not have the mental fortitude to cross. ...

Have you ever spoken to a friend or family member’s experiences in completing a task and wondered to yourself: “How did he go about doing that?” Detailed and complex processes can be glossed over when ...

You may not know it, but people over the age of fifty are getting divorced in the United States at a pace not before seen in our nation’s history. As a result, the adult children of those folks ...

A relatively recent phenomenon that we have seen occur in the United States is the rise of what are known as “ Grey Divorces ”. These are divorces that occur between parties that are nearing ...

The change in tax law that has gone into affect in 2018 will see a new change in relation to spousal maintenance payments and the ability of the payor to deduct those payments. Starting in 2019 if you ...

It may surprise you to learn that most divorce cases in Texas are not ultimately decided by a judge. The majority of Texas divorces are decided in mediation or in informal settlement negotiations. ...

When you first hear the word divorce your mind probably cuts to a courtroom where two people are lobbing insults and accusations at each other about a wide array of subjects. Movies and television ...

A divorce is a type of family law case. The Law Office of Bryan Fagan, PLLC are family law attorneys. However, a divorce is more personal than a personal injury case and often has more moving pieces ...

Is a divorce right for you? That’s probably a question that you’ve asked yourself a time or two recently. After all- you’re reading through blog posts of a family law attorney so you at least have ...

In the event that you are considering a divorce you should understand that of all things in life you should not rush into this process before putting forth some serious thought into whether or not ...

Are you considering filing for divorce or attempting to modify a prior order from a judge? Has your spouse or ex-spouse filed a similar case against you and you need to learn how to respond? These are ...

The holidays can be the best time of the year for many families. They can be a time for togetherness and memories- where cell phones are put away and old times are shared across generations. The ...

There is never a good time to discuss a divorce either with your spouse or with an attorney. Your life is constantly changing and evolving and you will never have all the time, energy and resources ...

As discussed in yesterday’s blog post, premarital agreements are becoming more and more popular in Texas for persons who are interested in setting up a plan before their marriage for how property ...

With divorce rates increasing over the past generation martial property issues are becoming more and more relevant. Whether it means drafting premarital agreements or dividing property in a divorce, ...

A question that many persons who are either going through a divorce or are facing the prospects of a future divorce ask me is whether or not they will be able to see their child as frequently after a ...

If you are an adult of any age in 2018 it is likely that you have at least some degree of online presence in terms of social media. Without going through each social media website by name, I am almost ...

Each child is an individual and displays individual characteristics and habits that set him or her apart from every other person and child on earth. It is important to keep in mind, however, that ...

Whether you care to admit it or not, your relationship with your child will change after you and their other parent get a divorce . There is no way to escape this reality. In some ways the manner that ...

When there is conflict and difficulty in your relationship with your spouse it is common that a separation would occur where one of you remains in your home and other leaves to find another place to ...

One of the fears that many people that I have met with in my time as a family law attorney have presented to me have to do with whether or not their spouse is being faithful to them. When you make a ...

There may be a less romantic topic to discuss with your spouse to be than a prenuptial agreement . Nothing says “love” quite like a contract between yourself and another person where your property is ...

How is a divorce in Texas structured in terms of stages? No two divorces are exactly the same. As such, it is difficult to accurately predict the length of your divorce in terms of time. However, the ...

In yesterday’s blog post the attorneys with the Law Office of Bryan Fagan, PLLC introduced the subject of military divorces by posing a number of questions that we have been asked throughout the years ...

If you are serving in the military and are living thousands of miles away from your home in Texas you probably have questions that differ from other people who are also considering a divorce from ...

If you are embarking upon a divorce then you probably understand that it is not an easy process to go through. One of the difficult aspects of a divorce is how to properly characterize the property ...

Our state provides attorneys with the ability to collect child support on behalf of their clients that is due and owing. The thought is that parents who do not support their children financially are ...

If you have an ex-spouse who was ordered in your divorce to pay child support then you know all too well that feeling of unease when a payment is not received by the first of the month. It wasn’t ...

Do you or your spouse own a small business , either together or independently? If you do and are also marching quickly towards a divorce it is likely that you do not know nearly as much about how the ...

If you're searching for a child custody lawyer you're probably looking for the "best lawyer," right? Few things get us as passionate or protective as our children. That is a major reason child custody ...

If you and your spouse are moving towards a divorce it will be a difficult time for both of you regardless of what the circumstances are. A factor that can make the divorce even more difficult- from ...

My motivation to write this blog post and the one that preceded it (posted yesterday) was based on my experience working with dozens and dozens of good, well-intentioned fathers who feel like their ...

When considering a child custody or divorce case , the issues contained in these legal matters can have potentially large impacts on the lives of the mothers and fathers involved in them. Once it has ...

Being a lawyer who handles family, criminal, and car accident cases, I must be familiar with all standards of proof. Standard of proof is the level of convincing required to get a judge or jury to ...

As we have spent the past few weeks discussing the subject, you can hopefully tell that a CPS case can be complicated, difficult, stressful and rewarding all at the same time. You will be pushed in ...

The good news is that your child is back in your home after a long absence due to an ongoing CPS case . The not so good news is that you are now going to have to make adjustments to how you did things ...

Great news! Your child has been returned home after being away for up to one year. You have done what was needed to improve the safety of your home and to ensure that your child is your number one ...

Like all things in life, good and bad, your CPS case and investigation will eventually end. If you are just beginning the process it may not seem like it but it is absolutely true that CPS will not be ...

If you are a parent who is facing a CPS investigation due to an addiction to drugs or alcohol there is specific information you should be aware of as you begin to map out a plan for yourself and your ...

When considering the potential safety risks that could result in your child being removed from your home domestic violence ranks very high on the list. It is looked upon as being so high a risk and ...

It is possible for a teenager to be a part of a CPS investigation as both the subject of the investigation as a parent as the child who was potential abused or neglected by their parent. If you are a ...

Most people do not move towards a divorce eagerly. Begrudgingly, anxiously, nervously, angrily- insert whatever adverb you would like, most people are not all that excited to be legally ending their ...

Supposed that you are a parent of a child who was recently removed by CPS from your home. What’s more, now CPS has gone to court and asked a judge for an order that allows them to keep conservatorship ...

A general caveat that I apply to many blog posts written on behalf of the attorneys with the Law Office of Bryan Fagan, PLLC is that the advice that we give and the hypothetical situations we present ...

When you are working your way through a Child Protective Services investigation the time that you are afforded with your child is precious. Having a child removed from your house was an ordeal that ...

The most important aspect of your being able to visit with your child during your Child Protective Services ( CPS ) case is that you all will have been separated from one another for what will likely ...

In all of the confusion, stress, and anxiety that surrounds a Child Protective Services case in Texas, one of your most immediate concerns likely has to do with how quickly you can see your child if ...

You may consider yourself to be a friendly, outgoing person but that does not necessarily mean that you possess the communication skills that are needed to be able to communicate with a CPS case ...

Although this trick got its own blog in many ways, it is a continuation of a previous blog regarding “ Getting Your Spouse to Leave the Marital Home .” I have seen many spouses use the hope of ...

The tough part of being involved in a Child Protective Services ( CPS ) investigation is that the same people who are investigating you for allegedly abusing or neglecting your child are the same ...

Doing your own divorce is a very difficult task. I have heard it compared to trying to perform surgery in the dark. Another comparison I like is that it may be possible to do your own brain surgery, ...

When you hire an attorney to represent you in a case involving Child Protective Services ( CPS ) you are placing a lot of trust in that person to competently and effectively represent your interests. ...

Being a divorce attorney has given me a front-row seat to people behaving badly, sometimes in a mercenary manner. I am not suggesting that anyone wanting to marry their ex-spouse again after a divorce ...

If you’ve been reading the blog posts from the Law Office of Bryan Fagan, PLLC for the past few weeks you’ll know that we’ve been focusing on Child Protective Services ( CPS ) cases recently. This is ...

When it comes to Child Protective Services ( CPS ) and the potential impact a CPS investigation can have on you and your family it is always advisable to have an attorney in your corner representing ...

There are various manifestations of this dirty trick that I have seen where a spouse has asked the other spouse to ignore the language of the divorce decree and sign the papers. In today’s blog, we ...

If you are involved with CPS in a case involving your child he or she will invariably ask to talk to you about involving your family as a support network in caring for the best interests of your ...

Whenever a client asks me how to act in court I always smile and think that person must have led a pretty good life to that point to never have had to enter a courtroom for any reason. The fact of the ...

We’ve now had an opportunity to discuss how and why Child Protective Services (CPS) would open up an investigation regarding you and your family as well as how the investigation proceeds. The legal ...

Before we continue our discussion on the court process associated with your CPS case , I wanted to take a quick timeout to go over what a service plan is and how it can impact your case. A service ...

This blog is a continuation of a previous blog regarding damaging, destroying, or selling marital assets. Some spouses move everything out of the house before they file for divorce . Alternatively, if ...

Your life was probably pretty predictable before Child Protective Services became involved in an investigation regarding your child. You woke up, got ready for work, got your child ready for school ...

One of the most frequently asked questions that I hear is, “Can my spouse and I use the same attorney for our uncontested divorce ?” The answer is no. Whether your divorce is contested or uncontested, ...

Suppose that you and your family have become the subject of a Child Protective Services ( CPS ) case and it has been determined that your home is not a safe environment for your child to reside in. As ...

Many people that I have spoken to as an attorney with the Law Office of Bryan Fagan, PLLC have asked me how exactly their child may be removed from their home as a result of a Child Protective ...

In Texas, many people are aware that Texas recognizes common-law marriage. However, not everyone I meet with is aware of what it takes to meet the Texas statutory requirements of being common law ...

While you may feel like retreating into a corner during the initial days of a Child Protective Services (CPS) investigation involving your child, I can tell you that this is not a good use of one of ...

If you have been reading through the blogs posts that the Law Office of Bryan Fagan, PLLC has been posting the past few days then you will know that we highly encourage any person who is going through ...

At the conclusion of your Child Protective Services case the agency will determine whether or not there is sufficient evidence available regarding whether or not you have abused or neglected your ...

If you and your family are involved in an investigation with Child Protective Services ( CPS ) then you should be aware that part of that investigation will be an inspection of your home. A CPS ...

If during the course of an investigation by Child Protective Services ( CPS ) an investigator seeks to interview your child, you should know that this is normal and not an indication of any specific ...

This blog is inspired by some cases and consults I have had where a spouse has gone out of their way to get their spouse to leave the marital home. Many of the consults I meet with have a lot of ...

One issue that I would like to touch on at the outset of this blog post is that if CPS becomes aware of potential abuse or neglect of your child during the course of your investigation it can use that ...

To this point in our series of blog posts on Child Protective Services ( CPS ) investigations we have discussed many topics that range from the persons involved in the investigation, to managing your ...

The concept of the attorney-client privilege is fairly well known among citizens of our country. The basic premise is that if you are represented by an attorney the information that you provide to him ...

If your child has been removed from your care then a judge will be holding hearings to discuss the merits of your child’s removal and then the ability of your child to be returned to your care. You ...

There is much discussion these days about “fake news.” It appears that the term is popping up everywhere from talk show hosts, the White House, and TV dramas such as the “The Good Fight.” The Term ...

As a parent, you have the responsibility to raise your child and to provide the basic necessities of life for him or her. Part of this responsibility is to see to it that he or she are protected from ...

Child Protective Services in Texas is part of the Texas Department of Family and Protective Services (DFPS). This state agency’s objective is to protect the children that live in our state after ...

During a Child Protective Services ( CPS ) case, it may feel like you have no rights to assert but believe me that is only how it feels. Once you take a step back and examine the situation for what it ...

During a case that involves Child Protective Services ( CPS ) you would be excused if you lost sight on occasion of the fact that despite all the troubles and difficulties that you are going through, ...

When you’ve just been dealt a blow in your life you may feel like stepping back and not doing much of anything. For instance, if Child Protective Services ( CPS ) initiates an investigation into you ...

If you find yourself in the middle of a CPS case it is easy to find your spirits low and your optimism levels even lower. The life that you had led previously with your family could be gone forever ...

The unenforceable visitation order combines elements of both the “ amicable divorce trick ” and “ using the children as weapons trick .” The success of this trick is largely a result of a parent not ...

If Child Protective Services ( CPS ) becomes a part of your life it is understandable to feel a lot of different emotions all at once. You are likely some combination of angry, upset, stressed out and ...

Parents can feel the burden of raising and providing for a child in very tangible ways- beyond merely feeling overwhelmed or stressed out. For example, if you are a father of a child and are paying ...

If you are a father who is going through a divorce or child custody case you have undoubtedly heard from friends, family or co-workers about how difficult it is for a man to get a fair shake in a ...

It is required under the Texas Family Code that a spouse be notified when a family law case has been opened. This means they must be informed that you the Petitioner have asked the Court to do ...

A child custody case can be difficult enough as it is before even considering learning the language of the family law courts. Every field has their own special “lingo” that you have to learn to be ...

If you are at the outset of a child custody case one of the key factors that will go into the evaluation as to what type of custody you should have of your child is your ability to care for and ...

In our last blog post, we began to discuss the topic of the costs of a child custody case. Specifically, we went over concerns you may be having in advance of a child custody case as well as how a ...

Having gone through a divorce it is possible that you promised yourself that you would never put your family, or yourself, through that process ever again unless absolutely necessary. The stress of ...

I’m sure if you wanted, you could go online and search through 1,000 proverbs about beginning a process and you’ll find a few that mention that perhaps the most difficult step in that process is the ...

Family law cases that involve Child Protective Services ( CPS ) involve some of the more difficult and frustrating subject matter of any sort of case that the Law Office of Bryan Fagan, PLLC helps ...

The fact that you are reading this blog post tells me that you have questions about child support . I know, I know: way to go out on a limb there, Mr. Lawyer. In all seriousness, the topic of child ...

Unless you and your spouse have resolved all issues in a divorce, your divorce will more than likely be considered "contested". This doesn't mean that there is going to be a full-on assault to you, ...

Simply put, there is a presumption in Texas family law that it is in your child’s best interest to have a relationship and continued contact with both of their parents. In order to further this goal ...

If you are considering filing for divorce, it’s a given that you will have questions about the divorce process such as How do I file for divorce? Read on as we answer some of the of our most ...

The amount of time that you are in possession of your child after a divorce determines whether or not you will be responsible for paying or receiving child support . Should you be named the primary ...

If you are the non custodial parent of a child in Texas and have the obligation to pay a monthly amount of child support to your child’s custodial parent you may have questions regarding how payments ...

In the subsequent months and years from the time you and your child’s other parent established a child support obligation in court it may be that the current monthly child support obligation no longer ...

What Do I Do If I Am Served with Divorce Paperwork? Be aware of the due date for your response. Once you are served with the lawsuit (the divorce papers ) you have very little time to respond. Under ...

Do any of you reading this blog post follow the news closely? Whatever your particular political persuasion is, I think we can all agree that depending upon the news outlet that you are reading or ...

What is the Texas divorce process? How do I start my divorce? Get the answers to these and other frequently asked questions about getting divorced in Texas: How can I save my marriage if my spouse ...

Whether you are the parent who is going to be receiving child support or are the one who will likely be on the hook for paying child support, the fact remains that the legal case that establishes ...

Deciding to divorce your spouse is rarely easy. A divorce when a spouse lives outside of Texas, however, can be a bit more difficult. If you are a Texas resident but your spouse lives elsewhere, you ...

While cost should not be the top priority when deciding to hire an attorney or to pursue a child support case it certainly is factor that you should be considering. Your goal of increasing, decreasing ...

In a high net worth divorce, there are a number of issues that can turn an otherwise simple divorce into a complex web of litigation. Aside from complex child related matters , there is a wide variety ...

If you are looking for a low conflict way of getting divorced, negotiating child custody, or sorting out other family law matters, Alternative Dispute Resolution ( ADR ) could be for you. ADR refers ...

If you have recently decided to divorce , you may find that you are unable to agree with your spouse on important issues such as child support , alimony , and division of assets/liabilities . This may ...

When Child Protective Services (CPS) is investigation an allegation of abuse or neglect against your and/or your spouse, it common for case workers to investigate and conduct interviews of your ...

Some of the more frantic and concerned people that I have the opportunity to meet with as an attorney with the Law Office of Bryan Fagan, PLLC are those parents who have recently been contacted by ...

We have discussed in previous blog posts the importance of you and your ex-spouse exchanging information relating to the medical care and well-being of your child. This is especially true if your ...

Health and happiness is what most parents wish for when it comes to their children. If you could tell me that my children would grow up to be happy and healthy I would tell you that sounds pretty darn ...

Have your child travel with a notebook to write down thoughts and updates In our last blog post I went through all of the different technological advances that can be utilized in order to benefit your ...

So you open up the blog for the Law Office of Bryan Fagan, PLLC and you see that today’s post is about…email? You may be wondering what the person writing this blog, someone who attended four years of ...

Whether you and your ex-spouse are on great terms and have coffee once a week or you can’t stand the sight of him or her, there are methods for you both to communicate with one another that can ...

If you are considering filing for divorce, it’s a given that you will have questions: How do I file for divorce? Should I file first, or wait for my spouse to serve papers? Do I need my spouse’s ...

When you file divorce paperwork in Texas, the key document that you will complete is called the “Original Petition for Divorce.” In it, you will list biographical information about your family and ...

Even if you and your ex-spouse want nothing to do with one another on a personal level, you will still need to be able to co-exist and parent your child together in a manner that is suitable to you ...

If you have worked to get through a difficult divorce you will likely want to take a step back and relax. You’ve made it through one of the most difficult times in your life and have managed to keep ...

If you have gone to a family law court in Texas and had an order issued from the judge that relates to child support (known as an Order in Suit Affecting Parent-Child Relationship ( SAPCR ) then that ...

Making the decision to start the divorce process can be extremely unsettling. For most people, just contemplating the various life changes that can result from a divorce is overwhelming. In addition ...

An uncontested divorce in Texas is a no-fault divorce and allows a lower conflict way of getting divorced for you and your spouse. Is an uncontested divorce right for you? If you are one of the ...

Different circumstances can arise if either you or your spouse were to pass away after your divorce has been finalized but the terms of that divorce decree : payments yet to be made to creditors, ...

The law in Texas provides that a married couple can agree in writing that either of your separate property can be characterized as community property . This is not the same thing as being co-tenants ...

If either you or your spouse make a purchase on credit during your marriage in Texas, there is a presumption that the credit utilized is community in nature. This would make sense as all property that ...

When spouses divorce in Texas the laws regarding community property come into effect. For the most part the laws are easy to follow despite what friends and family members who have gone through a ...

Let’s get one thing established at the outset of today’s blog post. Some of the subject matter that we will be discussing today is not easy to understand and is not the most thrilling material to ...

An experienced lawyer can offer strategies to help you get the custody arrangement you desire. There are no guarantees that the outcome will be precisely what you want, but there are several custody ...

One of the most popular questions asked in my consults is “how much is my child custody case going to cost me?” It is a reasonable question. However, there is no easy answer. As with other ...

Divorces are hard. Divorces with businesses are harder. Valuing a business that is owned by you and/or your spouse can be just as hard. In this series of blog posts from the attorneys with the Law ...

If you or your spouse own a business and are now contemplating or beginning a divorce then today’s blog post has been written with your family in mind. It is a challenge to determine the fair market ...

What happens if you were to lose your job? Do you still have to pay child support? Generations before our own saw people starting work with an employer at a young age. The worker would often time ...

If you and your spouse have been married for at least ten years prior to your divorce then you are eligible to receive spousal maintenance after your divorce. Sometimes called “alimony” or “spousal ...

Determining what is in the best interests of your child As a parent, you likely have the belief that you know what is in the best interests of your child. Under most circumstances, our legal system ...

Receiving a court summons-What should you do? One minute you are minding your own business and the next you have been handed some paper from a person you’ve never met before that instructs you to head ...

The importance of paternity in a child support case If you are the presumed father of a child but have not yet been declared legally as the child’s father then you have work yet to be done. Paternity ...

For many of you reading this blog you probably have no idea how to begin a child support case . It could be that as the noncustodial parent of your child you have limited access right now even to see ...

In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC , we introduced our topic of child support cases from the noncustodial parent’s perspective. You are the non-custodial parent if your ...

A benefit of being one of the attorneys working at the Law Office of Bryan Fagan, PLLC is that I have the opportunity to meet with many in our community to talk to them about their problems and to see ...

Today’s blog will feature you as the main character in a hypothetical divorce that you may (or may not) be going through. The purpose of trying to teach you all something through a story is that I ...

Most people going through a divorce in Texas know that the laws our of state regarding community property will play a role in their case. If you can count yourself among those that possess this ...

A Qualified Domestic Relations Order ( QDRO ) is the key to your being able to turn a Divorce Decree which provides you the right to access a portion of your ex-spouse’s retirement benefits into ...

A while back, a friend and fellow attorney asked me some questions about whether an MSA was still valid if a case was dismissed. I have heard this question debated before among attorneys and opinions ...

The emotional difficulties associated with a divorce are fairly well known. If you have a family member or friend who has been through a divorce it’s likely that he or she has spoken to you about just ...

It’s our delight to introduce a guest blogger Paul H. Cannon who is a trial attorney and shareholder at Simmons and Fletcher, P.C. He has been practicing personal injury and product liability law ...

On June 26, 2015, the United States Supreme Court issued a ruling in the landmark case, Obergerfell vs. Hodges , which provided equal protection for same-sex marriage in our country. As a result, ...

If you are divorced but were married to your spouse for ten or more years you are potentially eligible for spousal benefits through Social Security. However, there is more to this eligibility than ...

A divorce can have a dramatic impact on your life. This may feel like the understatement of the century if you are going through a divorce right now, but for those who are in the contemplation stage a ...

How do you know if child custody will be an issue in your case? Custody proceedings are part of every family law matter involving children. Parenting issues can arise out of a couple’s divorce, ...

Are you considering re-marrying after a recent divorce ? Or perhaps you are a single person who just found out that you are pregnant or your partner/significant other is pregnant? These are not only ...

Many parents have misconceptions about what their rights are and what the law requires of parents. This short article is essential reading for every parent who will participate in, or already has ...

Recently I have had more than one person ask me about establishing paternity and doing a name change after a father has passed away. There is an automatic presumption of paternity for children who are ...

Many people (women, mostly) will change their legal name after their divorce has been finalized. It is simple to do so in the divorce as long as the name you are asking yours to be changed to has been ...

Before a trial and likely before a temporary orders hearing in a divorce , you and your spouse will either be ordered to attend or can choose to attend mediation. Mediation is an opportunity for you ...

Depending on the dynamics of your family, you may consult with a family law attorney and decide to file for divorce without first having discussed the subject with your spouse. Alternatives would be ...

I’m sure if you wanted, you could go online and search through 1,000 proverbs about beginning a process and you’ll find a few that mention that perhaps the most difficult step in that process is the ...

Sole Managing Conservatorship In yesterday’s blog post we discussed that the typical arrangement for parents coming out of a divorce is for each to be named as a Joint Managing Conservator of their ...

Of all the subjects surrounding a divorce , child support seems to garner the most extreme opinions from parents. The child support levels are either too high or not high enough, depending upon your ...

Money. Other than your children, money is the most important aspect of a divorce . I hate to break it down for you like that, but in my experience, it is the truth. You may disagree. You may want to ...

If you read anything about divorce in Texas then you have probably come across at least one article online that has told you that Texas is a community property state. What does this mean and how ...

Enforcement cases are not solely to ensure back child support payments are made. On the contrary, many different areas of a family law order can be enforced. Today’s blog topic from the Law Office of ...

In child support enforcement cases your back is against the wall if the record from the Attorney General’s Office shows that you have not paid your support obligation in full and on time. In some ...

If you find yourself in a position where you have been unable to pay the child support you have been ordered to pay there are defenses that you can offer in an enforcement hearing. The fact of the ...

In general, courts are wary about modifying orders that designate the parent with the exclusive duty to determine the primary residence of a child. This is the case in large part because courts do not ...

If you are wanting to begin a family law case involving child support matters it is recommended that you contact an attorney before doing so. I know- shock of the century- a family law attorney is ...

Whether you are expected to pay or receive child support in a divorce or Suit Affecting the Parent-Child Relationship ( SAPCR ), there is no one topic that I answer questions about more frequently ...

Your life can change in the blink of an eye, and this is no less true after you’ve been through a family law case . Whether you have court orders from a divorce or Suit Affecting the Parent-Child ...

In learning more about family law concepts and terminology you may have come across the terms: visitation, possession , and access. Interestingly enough possession and access are what visitation is ...

If you are a parent, grandparent, uncle, aunt or cousin of a child and want to be able to head to the courthouse nearest to you and fight for custody and conservatorship then you ought to know what ...

The nuclear family of the 1950s is no longer the norm in the United States if it ever was in the first place. In today’s world non-parents (including Grandparents) play larger roles in their family’s ...

The word that I hear most often from clients in regard to their children, and frankly use myself when discussing the rights and duties of parents, is “ custody ”. It’s a word that is commonly used in ...

I like to think of divorce cases as having two stages. You could argue that there are far more, but for the purposes of this blog post, I will stick with my general theory that there are two. The ...

Many people believe that a divorce in Texas should be easy, that it is just a status change ending the marriage and that it does not directly impact other issues. However, that is not the case. A ...

Probably the most common family law case in Texas is the divorce . It’s likely that you know a handful of people in your own life who have been divorced and you yourself may be one of those people. ...

Status Hearing A Status Hearing is one of the most important steps of a CPS case . It is held after a service plan has been prepared by CPS. Within two months of your child being placed into the ...

During the past few weeks, the attorneys with the Law Office of Bryan Fagan, PLLC have taken an opportunity to write about the steps of different types of family law cases in an effort to help you ...

If you begin down the road towards divorce it is easy to encounter roadblocks. Many of these barriers are ones that are completely out of your control and must still be dealt with. In some areas, ...

When you hear the words “emotional” and “abuse” what comes to mind? I’m willing to bet that if you were being completely honest the image of a raised eyebrow may have appeared in your mind’s eye ...

The majority of divorces that occur in Texas each year are what is known as “ No Fault ” Divorces . This means that the parties simply could no longer get along in the marriage and say no chance at ...

Your rights in a Child Protective Services (CPS) case It can feel like that you have no rights whatsoever, and that CPS can do whatever they would like to you if you become involved with them. After ...

Who can attend your court appearance with you? Your hearing is not a closed process where only the parties, their attorneys, and the judge can attend. Any other party with a hearing scheduled on your ...

The piece of advice or reassurance that I provide to clients with the most frequency before a courtroom appearance is that the anxiety that we all possess surrounding events that we’ve never ...

The following are answers to some of the most frequently asked questions about Uncontested and No-Fault Divorce in Texas . The answers are general and designed to help you better understand how Texas ...

Divorce is one of those steps in life that you may go through and will never stop to think about what life is actually going to be like after the divorce. So much time and energy goes into getting ...

Whether you are a Christian, Jew, Muslim or member of another faith group it goes without saying that the practice of your faith is central to your life. This is one of the rights that we as Americans ...

As long as we’re talking about one unpleasant subject, namely divorce , we may as well talk about another, namely death. A good question to ask yourself is what happens to your share of the retirement ...

Once you have figured out what retirement plans are in place for you and your spouse, collected information from each and provided that to your attorney, you will need to know how a retirement plan ...

The following are answers to some of the most frequently asked questions about legal separation in Texas. The answers are general and are designed to help you better understand how Texas handles legal ...

If you are going through a divorce and have no children then your financial future should be at the top of any list of concerns that you have to go into the process. While there are assuredly ...

If you or your spouse have worked for a company or more likely a public entity for an extended period of time it is likely that either of you has a pension that has been made available to you for ...

Learn about social security benefits and their effect on your divorce Attorneys are great at courtroom advocacy and knowing the ins and outs of the law. That much should be a baseline for what your ...

When you decide to file for divorce and select an attorney to help guide you through the process and advocate for your rights along the way the most powerful tool you have at your disposal is your ...

If you are in the beginning stages of your divorce it’s likely that you have numerous questions about how your case is going to proceed. How much is it going to cost you in attorney’s fees? Are you ...

Most working people in our country are aware that as part of the taxes taken out of your pay, part goes towards social security taxes. What fewer people realize is that the amount of money we stand to ...

In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC , we introduced the topic of retirement accounts and how the funds within them are divided in a divorce. Today we will continue that ...

If you are a person who either serves our country in the military or are married to a spouse who does, enough cannot be said about your family’s sacrifices in order allow your fellow citizens the ...

Suppose that you have gone through a divorce from your spouse and you are attempting to adjust to life as a single adult raising a child in different households. You may need to find a new place to ...

Much of yesterday’s blog post related to common law marriages discussed the three qualifications that must be in place for yours to be a valid common law marriage: be two adults who consent to be ...

For the majority of married persons in Texas, our married lives began with a ceremony of some sort where vows were exchanged and a pronouncement was made that you and your spouse are now married. It’s ...

It is no secret that as a military member you are exposed to stressful situations. These are not always the sort of deadline driven, people induce stresses that we as civilians encounter in our jobs, ...

There’s no more exciting topic in the world than taxes, am I right? In all seriousness, nobody in the world likes to talk about taxes - that includes CPAs, tax preparers and even Jon Hamm in those H ...

The heat in Texas definitely has an effect on how we behave? Don’t believe me? Consider how the summertime, specifically the second half of summer, is a peak time during the year for divorces . Maybe ...

In most situations if you are the parent who is responsible for paying child support then that support payment will be docked from your paycheck however often you are paid. A wage withholding order ...

Time and Money. Those are two of the things that we as human beings are most concerned about, especially when considered in the context of our families. That goes double when you are going through a ...

The decision as to whether or not to move out of your marital home after your spouse has filed for divorce from you is one of the most important decisions you will make in your divorce . Issues ...

Spousal support or maintenance as it is sometimes referred to as is when one spouse supports another spouse financially after a divorce has occurred. If you are able to prove to a court that you have ...

It is impossible for me or for any other attorney to tell you how to handle yourself when you are faced with the prospect of a spouse who wants to divorce you. You have spent the better part of your ...

Dividing community property and debt, grounds for divorce and residency requirements in Texas have all been hashed over thus far in our discussion on getting a divorce in the Lone Star State. Today we ...

Community property is defined in the Texas Family Code as any property that is acquired by either or both spouses during marriage by any means other than gift or inheritance. This is obviously a ...

Waking up one morning and filing for divorce from your spouse without first understanding the process and steps involved is probably not a great idea. This is true even if you’ve hired an attorney to ...

In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC we introduced the topic of the attorney-client relationship. If you are interested in learning more about how a law office handles ...

For the purposes of this blog post, I am going to assume that you, as a reader of this blog, have never hired an attorney, filed a lawsuit or even seen the inside of a courtroom before. Maybe you’ve ...

Seeking a divorce means more than just taking into consider what is next for you and your family from a relational standpoint. While raising children in two households and beginning to repair your own ...

Whenever a client asks me how to act in court I always smile and think that person must have led a pretty good life to that point to never have had to enter a courtroom for any reason. The fact of the ...

Deciding to file for divorce from your spouse is an incredibly difficult decision to make. You didn’t need to come to the website of a family law attorney to tell you that but what you may be here for ...

If you are just joining us today for our discussion on debt I would highly recommend that you go back to yesterday’s blog post from the Law Office of Bryan Fagan, PLLC and review the information ...

Even if you don’t know much about getting a divorce in Texas it is likely that you have heard that Texas is a community property state. You may not know exactly what this means or how it could impact ...

I’m sure that you’ve heard the statistic that half of the marriages in the United States today end in divorce. If you pop that statistic into Google you’ll find that there are millions of articles, ...

Parenting Coordination and Facilitation is defined in the Texas Family Code as: “An impartial third party appointed by the court, or by mutual mediated agreement, to assist parents in resolving issues ...

Coming off of an emotionally intense and taxing divorce your first instinct may be to retreat into your own thoughts and have some “me” time without interference from others. Who can blame you? For ...

One of the issues that is often times the most concerning to people going through a divorce is the family home. After all, not only is it the place where more memories and important events occurred ...

If you are seeking to change your legal name after the conclusion of your divorce then you are in luck. Today’s blog post from the Law Office of Bryan Fagan, PLLC will focus on that topic. Seeing as ...

If you have completed a divorce then you don’t need me to tell you that it is among the most trying and difficult times in a person’s life. The sacrifices that you have made and the changes that you ...

As we here in Southeast Texas get closer to the end of the school year it is understandable for our minds to drift more towards days spent having fun in the sun rather than eventually returning to the ...

In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC we introduced the topic of social media use- both leading up to and during your divorce . If you have not already done so I would ...

It is the experience of the attorneys with the Law Office of Bryan Fagan, PLLC that as the years have passed the effect of social media on divorce cases has grown rapidly. Whether it is learning of ...

If you have committed an act of family violence then the consequences of your actions go well beyond being placed under arrest. For instance, if you are in the midst of a divorce case then it is ...

If you are facing an enforcement case where your ex-spouse has asserted that you have missed child support payments then you can take heart that there are defenses that you and your attorney can offer ...

Most family law cases in general settle before a trial is reached and enforcement cases are no different, especially those where contempt is sought as a punishment. Contempt is basically when a court ...

If you have done any research or spoken with an attorney on the subject of enforcement cases then you have probably seen or heard the word “ contempt ” used a time or two. Contempt basically means ...

Once you have hired an attorney to represent you in an enforcement case there are some steps that you should work with your attorney to complete prior to actually filing the paperwork with the clerk ...

If you have been served with papers from your ex-spouse asserting that you have violated your Divorce Decree it may be the case that you have been caught off guard and don’t really know what to think. ...

In the event that your ex-spouse has violated a portion of your Final Decree of Divorce it is likely that you will want to hold him or her accountable for having done so. It could be that you were ...

All family law cases have different elements and circumstances that make them unique. If you were recently divorced and have been denied visitation opportunities with your child by your ex-spouse then ...

If you have been through a child custody or divorce case one of the most rewarding aspects of that whole process for you was likely confirming the times, dates and locations that you will be able to ...

So much effort, time and thought goes into the creation of a Final Decree of Divorce. If you have been through a divorce you know exactly what I am talking about. From the time that your Original ...

You’ve just made it through your family law case and are not trying to figure out what you need to do next. Whether it was a divorce , child custody , enforcement or modification case you are surely ...

What does a divorce mean? Something different for every person that goes through the process. That’s one thing that I can say for certain in having represented many, many clients in divorce cases. If ...

At first glance, it may seem like the last thing you want to do as you prepare to marry someone is to discuss a premarital or prenuptial agreement . When you contemplate drafting such an agreement it ...

Parents like yourself can feel overburdened and stressed out in even the best family situations. If you add a heated divorce case to the mix of school, extracurricular activities, social obligations ...

There is no way to avoid running into the realization that a divorce is difficult, especially for children. If you and your spouse attempting to work out the issues that were dividing you in marriage ...

In yesterday’s blog post I introduced the topic of annulments in Texas by discussing the situation of a potential client of the Law Office of Bryan Fagan, PLLC who came in for a consultation last ...

I have had more than one person ask me, “how do you get a divorce when you don’t have any money?” This is a very understandable question. Breaking up is not only emotionally painful; it can be ...

This past year I had one consultation that I will not forget about any time soon. In case you were not aware, the Law Office of Bryan Fagan, PLLC offers free of charge consultations to you or anyone ...

If you’ve ever read the blogs on the website for the Law Office of Bryan Fagan, PLLC then you know that prenuptial agreements are typically very strong in terms of their ability to hold up to scrutiny ...

Despite how powerful the judge may seem in your divorce case he or she cannot do anything to affect a contract that you had agreed to with a credit card company. If you agreed to pay a certain ...

In our world, today debt has more or less become a way of life for many families. When we consider even a few generations ago how people dealt with and approached debt I think that we would find that ...

The popular conception of divorce that most people hold prior to actually starting one is that the case will likely end up with both you and your spouse standing before a judge. You each will have ...

A subject that, in my opinion, that is becoming increasingly relevant is the status of a business after a divorce. Specifically, we have been discussing a Limited Liability Company (LLC) as a specific ...

If you or your spouse own a business or own a portion of a business it is possible that that business is classified as a Limited Liability Company (LLC). As opposed to operating a business as a sole ...

Yesterday we spent a great deal of our blog post discussing the subject of how to modify a prior child support order in Texas. I can tell you from experience meeting with many clients of the Law ...

We discussed yesterday the sort of circumstances that could lead a court to determine that the Guideline levels of support as set forth in the Texas Family Code are not appropriate. Indeed, if you are ...

If you are in a position where paying child support appears likely as a result of your Texas divorce or child custody case it could be that you would go to extreme lengths to “fudge” the numbers in an ...

Are you a parent who is about to embark on a divorce journey, yet have no real idea how to think about child support ? It could be that you are the parent who stands to receive child support from an ...

Many people will tell you that a divorce , when it comes right down to it, is a transaction. It is attempting to gain as much for yourself and limit your exposure in terms of ceding your assets to ...

If your child custody or divorce case has a child custody evaluator assigned to it then in nearly all circumstances interviews will take place between the evaluator and your family, including your ...

When it comes to a child custody evaluation , there are so many factors in play that will affect your case vs. your next door neighbor’s that it is difficult for me to say with any amount of certainty ...

It doesn’t take a lawyer to be familiar with the rights that are read to a person when he or she is being arrested. Known now as your Miranda rights, a police officer will tell you that you have the ...

As the old saying goes: “In failing to prepare, you are preparing to fail.” There is no doubt that a child custody evaluation is intrusive, disruptive and all around not a good time for you and your ...

If a judge has approved your or the opposing party’s request to have a child custody evaluation conducted, or has ordered one done on their own, it is logical that he or she would place a great amount ...

Essentially there are two types of evaluations that you may be involved with in conjunction with your child custody or divorce case - a home study or a social study. In somewhat more rare instances a ...

If you are involved in a contentious divorce or child custody case or anticipate being involved in one, then you should be aware that home studies are conducted with regularity depending on the ...

In today’s world, it is common for both parents to work. Gone are the days where mom stayed home to raise the kids and tend to the home while dad went out into the world to earn a living for his ...

The attorneys with the Law Office of Bryan Fagan, PLLC are huge proponents of mediation . For those of you reading this blog who don’t know what mediation is, it is a process where you, your opposing ...

In yesterday’s blog post we introduced the idea that if you have been served with divorce or child custody papers that were filed by your child’s other parent your brief thoughts regarding their ...

If you have been through a divorce or child custody case involving your child’s other parent you may have stopped to ask yourself at various points in the case whether the opposing party has something ...

If you ask a lawyer a question about your legal situation, their response may well be, “It depends.” Years of seeing a number of different scenarios play out for different sorts of clients results in ...

It’s probably fair to assume that many of you reading this blog believe that you have a spouse that is controlling or at least more controlling than most spouses. Their need to constantly dictate your ...

Today’s blog post from the attorneys with the Law Office of Bryan Fagan, PLLC will discuss matters related to child support considerations to take when your child has special needs. Specifically ...

If you are the parent of a child with special needs then you know the challenges and opportunities that are presented to a family in your situation. Whatever the special needs may be, physical or ...

The decision to adopt a child is one that takes a lot of thought and consideration. If you and your spouse have tried to conceive a child together without success, or if you are incapable of doing so ...

Many times you will hear about divorce in connection with family law cases in Texas . I will say that the majority of people that walk through the door of the Law Office of Bryan Fagan, PLLC are ...

From speaking with and working with many parents who are going through a divorce , I can tell you that one of the biggest concerns each of them has is how their child will think of him or her after ...

By the time you have decided to file for divorce from your spouse, you will have hopefully thought long and hard about some goals that you would like to accomplish during the process. Divorce is not ...

When you make a decision to move forward with a divorce it means that not only are making a decision for yourself and your spouse, but also for your children. In circumstances where your marriage has ...

In the event that you do not have a child support order from a Texas Family Law Court that has ordered the payment of child support from another person to you, it may be a question bouncing around in ...

Although they come with less regularity than questions about child custody or divorce cases , people do come into the Law Office of Bryan Fagan, PLLC with questions about adoption and how our office ...

One of the goals that many potential clients of the Law Office of Bryan Fagan, PLLC have is to be able to see their child as much as the other parent once their family law case is done and over with. ...

Creating a system of keeping track of events, illnesses, habits and other aspects of your child’s life is essential to co-parenting well after a divorce . Many divorced parents fail to integrate a ...

Normally if you want to get a divorce in Texas you follow the procedures in filing and obtaining a divorce that everybody else does. Sure, your divorce will have components and circumstances that make ...

One of the most difficult and challenging aspects of a family law case is that they are, above all else, personal matters. This means that not only will you become engaged financially, relationally ...

Earlier this week the attorneys with the Law Office of Bryan Fagan, PLLC posted a blog that related to premarital agreements that covered what they were and how they can impact a marriage. Today we ...

Despite their not being a part of the Texas Family Code, cohabitation agreements are contacted for in Texas and would most likely be honored by a family law court. In a contact, both you and the other ...

You spent a long time in mediation negotiating and getting your custody order worked out so that both you and your ex were satisfied with it. Or maybe you fought a long custody battle that ended in a ...

A premarital agreement is a contract between you and your spouse that is signed off on before the two of you tie the knot. The most common reason why you may want to sign a prenuptial agreement before ...

Unfortunately, there are family law cases that involve one parent making allegations of substance abuse against the other parent. In some scenarios these allegations are just that- allegations- and no ...

In the Law Office of Bryan Fagan, PLLC ’s final installment covering Texas Family Law courts we will discuss Child Protective Services ( CPS ) and how a court case involving this agency will proceed ...

People going through difficult situations in their personal lives are often frantic. This is understandable. When something isn’t right with a family member, especially a child, your brain can go into ...

What happens during an initial consultation? When you first meet with an attorney in our office, we will obtain a history and facts about you, your spouse, and your family. The divorce attorney will ...

If you are in a position either where your ex spouse or the other parent to your child has violated, repeatedly, a prior court order you may be asking yourself how to handle the situation. The easiest ...

If you have been a victim of family violence due to the actions of a spouse or person you are involved in a relationship with then you have the option to attempt to get a protective order from a ...

For an adoption to take place the parental rights of either the child’s mother or father must first be terminated by a court. A petition for adoption would be filed in the court with jurisdiction over ...

If it is unknown who the biological father of your child is, a paternity suit may be filed in order to make a legal determination of parentage. The reason that this type of family lawsuit may be filed ...

Many of the subjects that we’ve discussed so far in our discussion of Texas Family Law Courts are very well known. Child support , property division upon divorce and child custody are all concepts ...

When the subject of child support is raised with a person going through a divorce , he or she is sure to have an opinion. If you are the person who is going to be on the hook for paying child support ...

Today’s blog post will be a continuation of yesterday’s where we discussed some basic information about divorce , custody and conservatorship in Texas. While we cannot hit on every subject that may be ...

By far the most frequent question that I field from potential clients of the Law Office of Bryan Fagan, PLLC has to do with custody . Concerned parents come to talk to us all the time about how their ...

Recently, I had a consult involving an informal marriage or common law marriage . The wife was concerned about what rights she had. Her story involved verbal abuse, physical abuse, and an altercation ...

Spousal maintenance is a payment of money from one spouse to another. This payment is intended to assist the receiving spouse in being able to meet his or her minimal, basic needs. A judge can order ...

Texas is, as any family law attorney will tell you, a community property state. This means that there is a legal presumption in our State that if all property that is acquired by you and your spouse ...

Once your divorce has been filed and notice of the divorce has been served upon your spouse he or she will need to file an Answer to your Divorce Petition. This Answer is due approximately twenty days ...

In Part Three of the Law Office of Bryan Fagan, PLLC ’s series of blog posts on Family Law Courts in Texas , we discussed the basic and essential knowledge that you should have prior to beginning a ...

Today will be our third installment in the Law Office of Bryan Fagan, PLLC ’s series of blog posts on Family Law Court - what to expect from a case and how to best prepare for those situations and ...

As a Houston, Texas divorce and family law attorney I have had the opportunity to help service members through divorce and family law cases. In order to do this, it is important to not only be aware ...

If you’re just joining us for our discussion on Texas family law courts , I would recommend going back to yesterday’s blog post and reading through some of the basic information that we provided to ...

If you are considering whether or not to file a child custody or divorce case in Texas you probably have some questions about what going to court is actually like. You may have never filed a lawsuit, ...

When a divorce is on the horizon for you it is reasonable to want to learn as much as you can. The fact of the matter is that not only is a divorce a difficult process to go through but many of the ...

Part of any divorce in Texas is figuring out how to characterize the property owned by the two spouses. If you are considering a divorce or have just been served with a petition by divorce filed by ...

Suppose that you and your spouse have been divorced for a few years and have split custody of your child pretty much 50/50. Both you and your ex-spouse have abided by the divorce decree ’s orders ...

What do I need to do to before I begin divorcing my spouse? How do I protect: My children? My privacy? My assets? What first steps should I take in my Texas divorce ? In the early stages of your ...

For the most part thus far in our discussion on enforcement lawsuits in Texas family law cases , we have gone over some of the finer points associated with issues related to parents and children. ...

Today’s blog post from the Law Office of Bryan Fagan, PLLC will discuss additional remedies that are available to a parent in an enforcement case when there is money owed in child support . Our ...

Thank you for coming back to the blog for the Law Office of Bryan Fagan, PLLC to read more about Enforcement actions in family law court. Today’s post will discuss how to defend yourself against an ...

Thank you for coming back to the blog for the Law Office of Bryan Fagan, PLLC to read more about Enforcement actions in family law court. Today’s post will discuss how to notify an opposing party of ...

If you missed part one in the series of blog posts from the Law Office of Bryan Fagan, PLLC on Enforcement suits in Texas family law then I suggest you scroll up to yesterday’s post and read over our ...

If you have ever been involved in family law case in Texas it is likely that you either settled your case or ended your case in a trial before a judge. The result of either of those situations is that ...

As an attorney working in the area of family law I can think no more frustrating or sad sort of case than a CPS case . From the child’s perspective, it is being alleged that he or she has been the ...

In part one of the Law Office of Bryan Fagan, PLLC ’s series on Child Protective Services , we discussed the basic framework of a CPS investigation and how the Agency defines child abuse . Today we ...

Unfortunately children suffer from abuse and neglect at the hands of caregivers or other adults all too often. With this in mind Child Protective Services ( CPS ) functions within the Texas Department ...

The following are answers to some of the most frequently asked questions about Texas void marriages. The answers are general in nature and are designed to help you better understand when a marriage is ...

In a recent 14 th Court of Appeals decision out of Houston, a Mother appealed the final order of a trial court that awarded the Father a modification in child custody case. This case presented a ...

Yesterday’s blog post dealt with the issue of what a Bill of Review is and how it can be used in a family law case in the event that you had a negative judgment against you that was not due to any ...

If you were involved in a civil case in Texas and are not happy with the result, you have options to seek a new trial. The most widely known option is to file a motion for new trial. In the event that ...

A summary judgment allows for a court to dispose of a case where either the Petitioner (the party who filed the lawsuit) either does not have sufficient evidence to win the relief he or she is ...

This past week the attorneys with the Law Office of Bryan Fagan, PLLC posted a blog article that centered around mediated settlement agreements in family law cases. We discussed how these documents ...

Family courts in Texas are overburdened with cases. I’m not telling you this to push you towards feeling bad for court staff or judges, necessarily. My intention in sharing this information with you ...

Unless children are involved in a divorce , the number one concern of parties is typically money. Who’s getting more of it and what can be done to limit their spouse from getting any more than they ...

For families where all of its members do not live under the same roof, technology can greatly enhance the bond between parents and children. Gone are the days where the only ways to get in touch with ...

As we begin to enter the last stretch of the school year prior to summer vacation, you may have run into some issue in your child’s school-life that has caused you to reflect upon whether or not it ...

If you are considering filing a child custody case in Texas I would like to provide you with some helpful hints on what behavior to avoid during your case. It’s likely that there is a situation going ...

It used to be that the first thing a person would do to find out what’s going on in the world was to pick up the newspaper from their town and get to reading. All of the previous day’s events were ...

The attorneys with the Law Office of Bryan Fagan, PLLC have previously written in our blogs that your children are going to be impacted more heavily by your divorce than anyone else- including you and ...

As you can tell from the title to this blog post, we are going to be continuing our discussion on how to get ready for your day in court. One big point that I communicated in yesterday’s blog post was ...

When we feel apprehensive about something, especially something unpleasant, we tend to look for any excuse to keep us from having to do that certain thing. If you are feeling apprehensive about filing ...

There is no more romantic day of the year than Valentine’s Day. Whether we like it or not February 14 th has become synonymous with love, affection, greeting cards and chocolates. If you are married, ...

If you are facing a family law case in your own life then you probably have a great deal of questions to ask someone advice on. Beyond what the case can mean in the long and short term for your ...

Whether it comes as a surprise to you or not, receiving divorce papers from a process server or law enforcement officer can be one of the more unnerving experiences of your life. The process begins ...

If you are going through a divorce currently or are contemplating one I can assure you that one thing that you will not be lacking for it advice. Most of that advice will be unsolicited as well. Once ...

Many of you that went through divorces a few years ago are having to go back to court due to your or your ex-spouse having filed for a modification of some portion of your Final Decree of Divorce. ...

If you are getting a divorce you should be prepared for knowing what to expect when it comes to dividing up your marital home . Not only will you and your spouse have to decide if either of you will ...

You don’t need to read a blog post to know that your divorce is going to be difficult on your child. Children thrive on stability and consistency in all facets of their lives and when those ...

In part one of the Law Office of Bryan Fagan, PLLC ’s series of blog posts on basic divorce questions, we discussed whether or not it was a good idea to file for divorce and represent yourself rather ...

Whether or not to file for divorce is an intensely personal question that nobody can answer for you. The circumstances and factors that are in place in your life are so unique that other people can ...

With great regularity, people walk into the Law Office of Bryan Fagan, PLLC to speak to one of our attorneys about the subject of child support . This is a subject that is almost always an issue that ...

One size fits all is an approach that not only doesn’t work for blue jeans but also in the world of child support . The Texas Family Code has laid out its proscribed levels of child support that for ...

Being worried about child support is normal if you are going through a child custody case or divorce. It’s normal if you’re the parent who is going to receive child support because odds are you are ...

One of the least common family law cases that attorneys and courts run into are annulments. Divorces , child custody cases and even adoptions are more prevalent than annulments . Let’s spend today’s ...

Parents who are preparing to live underneath a possession schedule as a result of their divorce or child custody case will always have questions about how to either structure their schedules or how to ...

In part one of the Law Office of Bryan Fagan, PLLC ’s series of blog posts on in court testimony we discussed the importance of always telling the truth on the witness stand as well as how ...

The days prior to a temporary orders hearing or trial can be extremely tense. For one thing, it’s likely that you’ve never been inside of a courtroom before and your unfamiliarity will likely cause ...

Generally speaking income earned and property/debt acquired during the course of your marriage is considered to be community property for Texas residents. Property and income is presumed to be ...

In an effort to address many of the frequently asked questions that people just like you have asked me in divorce consultations, the Law Office of Bryan Fagan, PLLC is producing blog posts that are ...

In Part One of the Law Office of Bryan Fagan, PLLC ’s series on Frequently Asked Questions about Texas divorces, we discussed how much your divorce could cost and the factors that contribute to the ...

Some of the most frequent question I get are in regard to child support such as: How much? Will I have to pay child support for over time? Can I quit my job or reduce my income to avoid paying higher ...

One of the benefits of working as an attorney at the Law Office of Bryan Fagan, PLLC is that I have the opportunity to frequently meet with potential clients in consultations. We offer people like you ...

My recommendation is that if you need to file for an emergency custody order is that you will need a family law attorney . However, if that is not an option for you and you must represent yourself at ...

The part of a divorce that proves to be the most difficult time and time again (other than issues relating to children) is what ultimately happens with your community estate . The community estate ...

In the first part of the Law Office of Bryan Fagan, PLLC ’s series of blog posts on Spousal Maintenance in Texas divorces, we discussed court ordered spousal maintenance and the situations that ...

Spousal maintenance represents money that is paid from one spouse to the other to help support him or her after a divorce . These payments are temporary though in most cases unless otherwise agreed ...

Many, many potential clients of the Law Office of Bryan Fagan, PLLC have walked into a free of charge consultation with me and have let me know that their number one goal for their divorce or child ...

In part one of this series of blog posts from the Law Office of Bryan Fagan, PLLC , I discussed some tips to help avoid making common mistakes at the beginning of your divorce case. I would certainly ...

It only takes one of you or your spouse to file for divorce . No matter if you filed or your spouse did- a divorce is staring you in the face and it is time to begin the process of ending your ...

In Part One of the Law Office of Bryan Fagan, PLLC ’s series on whether or not you will need to get a job after you divorce if you did not have one before, we discussed issues ranging from community ...

If you are going through a divorce , or are merely contemplating one, you should prepare yourself for changes on the horizon. Your quality of life will change- either for the better or for the worse- ...

When the chips are down and you are in the middle of an intense mediation session attempting to negotiate final orders it is likely that there will be a moment where you think to yourself- “I would ...

Outside of child custody and issues surrounding your children, it could be that what you’re most concerned with in connection to an upcoming divorce is what will happen with your family home. ...

What is an annulment? In some instances, a person may want and be able to get an annulment rather than a divorce. An annulment and divorce are different. A divorce ends a valid marriage. An annulment ...

The rigors of military life are well known. Enlisting in the armed services on behalf of your country is one of the most selfless and courageous decisions a person can make. Deciding to put the lives ...

Plenty of people get married for reasons other than love. Money, security, maybe even a little baby about to be born are just a few of the reasons why people get married when eternal love is not the ...

When a marriage proposal is made those words and that gesture are often accompanied by an engagement ring. The cost to purchase that engagement ring can be substantial and is an investment no matter ...

Recently, we had a case where I was able to observe a husband become a “helicopter” parent. He used his new-found involvement with the children to strongly negotiate for additional time with the ...

Many people are scared to use a lawyer in a divorce because they think their situation is too simple or easy to justify paying for a divorce lawyer to provide help and guidance. The same people think ...

In many marriages, one spouse goes out into the world and works to earn a living for their family and themselves. The other spouse often times remains in the home and provides economic value through ...

Surrogates are women who carry children for a family who are unable to conceive a child themselves. With the legalization of same sex marriages across the United States as well as the continuing need ...

The Law Office of Bryan Fagan, PLLC recently had cause to celebrate a huge victory for long-time clients of ours. These clients are grandparents who live in North Texas but whose grandchildren reside ...

I sat and thought for a few minutes prior to writing this blog post on what title to use. After careful deliberation I determined that there is no way to make the subjects of divorce and taxes any ...

Caring for the health and safety of Texas children is the responsibility that the Texas Department of Family and Protective Services is charged with upholding. The populations that the agency serves ...

If you are a parent who is going through a divorce then it’s likely that you’ve thought that you would like to do as much as you can to co-parent with your soon to be ex spouse once your divorce is ...

Anyone who has gone through a pregnancy, whether you are a mother or father, can understand the difficulties and stresses associated with the nine month wait for a baby to be delivered. Mothers ...

When a new client with the Law Office of Bryan Fagan, PLLC is discussing with me their case one subject that we will get into is what evidence does our client have to support any allegation that he or ...

The following are answers to some of the most frequently asked questions about Texas common law marriage and divorce. The answers are general in nature and are designed to help you better understand ...

Making the best of a bad situation is a saying that we have all heard in our lives hundreds of times. It is a nice thought- when you’re facing something undesirable why not take any steps you can to ...

Sometimes in life what we think we want isn’t always what is best for us. If you were a person stuck in a marriage that was not healthy then you are probably excited beyond belief to be divorced . ...

If you are in the middle of a divorce right now as you read this, I know that what you are going through is one of the most difficult times in your life. You’ve had some people in your life tell you ...

Maybe you have recently started to think about divorce. Or, maybe you are in the middle of your divorce , but you have been so busy that you missed some of our blog posts that could help you a lot! Or ...

If you are in your “ Golden Years ” and are considering a divorce then you can count yourself among those with concerns about what will happen to your property when it is split upon the conclusion of ...

Probably the number one concern for potential clients that I have spoken with in my time as a family law attorney is the cost of what a divorce will actually cost. This is completely understandable. ...

One of the saddest aspects of being a family law attorney is running into people – both clients and opposing parties- who are addicted to drugs or alcohol . Drug and alcohol abuse is a trait that is ...

Below are answers to some of the most frequently asked questions about Texas marriage. The answers are general in nature and are designed to help you better understand marriage and divorce law and ...

Every one of us has a friend, co worker, or family member who has been through a divorce . It has become commonplace for marriages to drift towards divorce for a variety of reasons in our country. ...

Family Law is a field that sees its fair share of difficult cases and circumstances for an attorney to engage in. After all, when you get down to it we are working with people like yourself whose ...

A few weeks ago I was doing consultations with prospective clients of the Law Office of Bryan Fagan, PLLC on a Saturday morning when a husband and wife walked in to speak with us. I came to find out ...

Child support is one of the most asked about topics both by current clients of the Law Office of Bryan Fagan, PLLC as well as prospective clients of our office. This is understandable as all parents ...

If you and your spouse were to take all the community property that you own and put it towards the center of an imaginary (and huge) table during your divorce, the next question that would need to be ...

No person is impacted more by your and your spouse’s decision to get a divorce than your son or daughter. We may get so wrapped up in what a divorce means for us as adults that it is easy to lose ...

Probably the most common piece of advice I will give to a person when he or she is speaking to me about hiring a family law attorney is that a family law case is not like any other case, criminal or ...

From the time that I began practicing family law most clients and potential clients that I have had the opportunity to work with have had the belief that a judge will decide their divorce case. It ...

Today’s blog post will be the second and final post in a series of articles written by the Law Office of Bryan Fagan, PLLC on the topic of the appropriate time to hire a family law attorney for your ...

The title to this blog post is probably a dead giveaway that not only is it time for you to look into contacting a family law attorney. I can say that with confidence because the time is right for you ...

Today’s third and final blog post in a series from the Law Office of Bryan Fagan, PLLC on the subject of child support and medical support will cover attempts to modify child support orders as well as ...

If you have not already done so, please feel free to read yesterday’s blog post from the Law Office of Bryan Fagan, PLLC where we began our discussion of medical and child support in Texas . This ...

If you are a parent who is anticipating a divorce in your and your spouse’s futures, then you are almost undoubtedly aware that child support is going to come into play. Either you will be on the hook ...

A former client of the Law Office of Bryan Fagan, PLLC had a pretty nasty situation fall upon him that required the help of a family law attorney . This gentleman was minding his own business one day ...

Post nuptial agreements are similar to pre marital agreements with the exception that post marital agreements are signed after the marriage has already begun. I realize that this will not be an ...

If you are considering a divorce you most likely have a pretty unique set of reasons for wanting that divorce . Not that the reasons themselves are unique to you and your spouse, by any means. It’s ...

So much of the time we as parents worry about our children and how they view the world around them. What are we exposing them to that may be beneficial to them? What are the things that they see, hear ...

If you have ever been involved in a child custody or divorce case and the outcome wasn’t what you expected or necessarily wanted you may have already started thinking about changes that you would like ...

Yesterday morning the Law Office of Bryan Fagan, PLLC posted a blog regarding some helpful tips that could help you with your child’s adjustment to attending school after you and your spouse have ...

Even the most resilient children will struggle to some extent when their parents divorce. The change in routine, the emotional void that is left when one parent is no longer physically there in the ...

The Holiday Season is upon us. Purchasing gifts, figuring out plans with family and decorating the house are just a few of the many, many obligations that each of us will likely engage in during the ...

As we approach the Holiday Season, many of you reading this blog may be about to experience Christmas or other holiday after a divorce. Whereas before you were used to and were able to experience ...

The number one cause of divorces in the United States has to do with money problems and arguments/disagreements about money. If you and your spouse are not on the same page about money it could spell ...

If you have been reading the Law Office of Bryan Fagan, PLLC’s series of articles on how to achieve a successful divorce outcome the it is likely that you have either filed for divorce already or are ...

There are so many considerations to make in regard to a divorce that it is easy to lose sight of what you are actually attempting to do when you begin on the journey. Take the dispassionate view that ...

There are some people in the world that would have you believe that money is the root of all evil. The Bible says that it is easier for a camel to walk through the eye of a needle than it is for a ...

One of the most frequently disagreed on subjects by parents in divorce and child custody cases is who should be able to have the children with them and on what days of the week those visits should ...

If you are a parent who is going through a divorce then you will find that your case will be quite different from a divorce that does not feature two parents. Parents understand that their actions ...

Throughout the course of a divorce there are many, many decisions that people make that can affect their family and their case. If you are considering a divorce then understanding the common mistakes ...

Beyond being a mentally and emotionally strain on your life, a divorce can also turn your finances into a mess if you are not careful. The assets and property that you have worked your entire adult ...

New clients of the Law Office of Bryan Fagan, PLLC are asked to fill out some paperwork that will provide our attorneys with information about our new clients and their families. This questionnaire ...

Recently, in one of the attorney discussion groups I am a member of on Facebook, it was mentioned that some lawyers have been successful in getting judges to sign off on allowing them to serve a party ...

It should come as no surprise to you that the attorneys with the Law Office of Bryan Fagan, PLLC believe the relationship between our office and our clients to be extremely important. We understand ...

Whether you have moved at the time of your divorce or after you’ve modified a custody order , it is a challenge to parent your children from across state lines. I have seen many clients of the Law ...

As we begin to approach the final weeks of 2017 you may be thinking ahead to the Holiday season and everything that still has to be done. Presents to be purchased, decorations to put up, and ...

Whether you’re a little kid on Christmas morning or a grown person going through a divorce , the big question is when it’s all said and done what are you going to end up with. Under the Christmas ...

A large concern that people have while they are going through a divorce is their credit score. Borrowing money and then repaying that money on time is crucial to maintaining a good credit score and ...

Depending upon in which county you reside in Texas you may find that once you file for divorce or suit affecting the parent-child relationship specific Orders from your court will immediately go into ...

Many people file for divorce in Texas without the assistance of an attorney. The internet is an amazing thing- if you search long enough you can find all the necessary documents online that you’ll ...

If you are anything like most people contemplating a divorce then you probably have had many people tell you that a divorce is going to be the longest, most difficult and most stressful event of your ...

From my experience as an attorney with the Law Office of Bryan Fagan, PLLC , I can say that the age range of clients we have that are getting divorces is pretty staggering. I have worked with a client ...

Whether you were once married to your child’s other parent or simply had the child together, the Texas Family Code allows for either parent of a child to file for a modification of the prior child ...

Most people in the United States are aware that same-sex marriages were made legal by the Supreme Court in 2015 in ruling that bans on same sex marriages were illegal and unconstitutional. There is ...

When it comes to a divorce or child custody case, one of the most frequently heard questions that I receive is how much does the State of Texas require be paid on a monthly basis in child support . If ...

I get questions frequently from clients and potential clients regarding a wide range of subjects. I hear a lot of interesting things, but normally the questions do not cause me to do any mental ...

I get questions pretty frequently from clients and potential clients about getting the other party to pay for their attorney’s fees. There are different standards on awarding interim attorney’s fees ...

In the course of a divorce , just about any issue that you can conceive of will be discussed, negotiated, fought over and settled upon. The big ticket items that most people think of right off the bat ...

Divorce is a complicated and difficult process no matter what kind of case yours is. Many people have somewhat “typical” divorces that involve a husband and wife who each work and earn an income that ...

When most people think about hiding things in the context of a divorce I think the most common thought that comes to mind is a spouse trying to cover up an affair. Whether it’s by using a separate ...

Owning your own business is great way to achieve financial independence and increase your earning capacity. While there are risks to going out on your own, the knowledge that you are the one who ...

Technology, for the most part, is great. Not only have technological improvements and innovations aided science, medicine and the business worlds but our everyday lives have been improved as well. ...

Aside from my bad attempt at humor in the title to this blog post, the subject of how spouses structure and protect their assets is very important. I think a lot of people will consider whether or not ...

The Law Office of Bryan Fagan, PLLC recently had a client who had an interesting, albeit frustrating situation on his hands. This gentleman had lived, been married and had children in Texas. He and ...

If you were to walk into my house and go into the closet that adjoins the master-bedroom you would find paperwork like bank statements, medical bills, daycare statements, etc. I’m sure that many of ...

If you have recently gone through a divorce then you are well aware that your life has seen changes. Some of these changes have been significant, such as moving residences or losing a person that used ...

Clients of the Law Office of Bryan Fagan, PLLC will often time request that their name be changed after a divorce has been finalized. If you are interested in learning more about divorce in Texas and ...

The Texas Family Code sets forth the rules that you have to follow in order to either increase or decrease a person’s child support obligation. Clients of the Law Office of Bryan Fagan, PLLC come to ...

Under the Texas Family Code, Child Protective Services (CPS) is provided a great deal of authority to investigate allegations of abuse or neglect against your child and ultimately to remove him or her ...

When clients come into the Law Office of Bryan Fagan, PLLC to discuss their family law questions and problems it is frequent that I will hear him or her use the term “fight” or “war” or “battle” to ...

If you are getting a divorce and also have a child then contained within your Final Decree of Divorce will be parenting plan. This parenting plan discusses and will contain the road-map for parenting ...

If you are about to undertake a Divorce or Child Custody and have a child then you should be familiar with a Standard Possession Order and what it entails. Our State Legislature created the Standard ...

Have you ever heard the phrase, “A journey of a thousand miles beings with a single step”? The meaning behind this saying is that perspective is important when evaluating any situation that you may ...

If you are an adult and if you have friends, a family or co-worker then you have heard other people talk to you about their divorce . When people tell stories about themselves the person will rarely ...

I get questions pretty frequently from clients and potential clients about getting the other party to pay for their attorney’s fees. There are different standards on awarding interim attorney fees ...

The past two days have seen blogs posted on this website which detail tips and preview your being asked to give testimony in a hearing or trial during your family law case. While I cannot possibly ...

Yesterday’s blog post centered around the subject of in court testimony in your family law case. I wanted to introduce the subject, discuss some basic advice and then transition into the remaining ...

When a new client signs up with the Law Office of Bryan Fagan, PLLC and we begin to discuss their case the talk inevitably ends up on what information he or she has that will be able to influence a ...

It is well known that Houston is a city of transplants. It’s likely that you or your family are not from Houston originally, but instead moved to the area from another city, state or country. Couple ...

Travel, especially international travel, is one of the more highly contested parts of a divorce . In an international city like Houston, many of the people in our community have family living in other ...

All marriages go through difficult times. This is an unavoidable consequence of choosing to spend your life with another person. The decisions that you and your spouse make (or fail to make) will have ...

After going through the entire process of deciding you want a divorce , hiring an attorney, going through with the divorce and finally signing on the dotted line it is understandable to want to take a ...

If any of you reading this are a parent like I am then you know that raising kids is challenging, shall we say. It’s rewarding, gratifying and at times requires selfless attention but no matter how ...

If you are going through a divorce or are beginning the process right now then there are probably a lot of immediate considerations on your mind. How are you going to pay for your divorce? How long is ...

In order to determine your potential responsibility for child support it’s necessary to first figure out how child support is actually calculated . The state of Texas calculates current child support ...

In our prior blog post I discussed how child support is calculated in Texas (based on net monthly income) and what counts as income . In this blog we will continue our discussion by outlining how ...

If you are reading this blog post it is likely that you are either contemplating a divorce or one is already in the works. It is normal to feel nervous, apprehensive and stressed out about the ...

I recently had a gentleman come into the Law Office of Bryan Fagan, PLLC who had a question surrounding the issue of adoption of his wife’s child from a prior marriage. Apparently the biological ...

When my family moved to Texas from Wisconsin I can recall a gift that we received from one of our new neighbors down the street. The gift was a little decorative sign that read, “I wasn’t born in ...

One of the most common requests that I will field from a new client with the Law Office of Bryan Fagan, PLLC is to have their child be able to be interviewed by the judge in the event that determining ...

The law in the state of Texas is that a man is legally presumed to be the father of any child that is born to his wife either during the course of their marriage or before the 301 st day after the ...

While I don’t have any statistics on the subject to provide you all with, my gut feeling is that infidelity among spouses is more prevalent today than even ten years ago. Maybe this is a result of ...

If you are contemplating a divorce or are being forced to contemplate a divorce because your spouse has already taken the liberty of filing one, your financial well being is probably high atop your ...

Clearing up rumors about child support in Texas One of the areas of family law that attorneys with the Law Office of Bryan Fagan, PLLC get questions asked the most about is child support . Whether you ...

If you have a disability it is understandable that a lot of your life is spent thinking about and planning for the future. It’s probably fair to say that you also spent a lot more time thinking about ...

Disabled Divorce in Texas Divorce is a major disruption to anybody’s life who is involved in that process. For a disabled person this is even more true. While there are many considerations for a ...

Say that you and/or your spouse have resided in Texas for the past six months (sufficient for the state to have jurisdiction over your divorce) and you have filed for divorce here. However, your child ...

It happens with some regularity that a client of the Law Office of Bryan Fagan, PLLC will need to serve a spouse or other person who does not live in the United States. By far the most common country ...

The Law Office of Bryan Fagan, PLLC has a former client’s story to present to you all today that is related to a subject that is probably more relevant in today’s world than ever before. This ...

Making difficult decisions like filing for a divorce when you are pregnant can be extremely taxing from an emotional perspective. An already tough decision is exacerbated by the fact that you are ...

For the past few days the Law Office of Bryan Fagan, PLLC has been posting articles regarding tips for hiring a family law attorney for your divorce . If you haven’t read the first two blog posts I ...

In the first part of this series of blog posts from the Law Office of Bryan Fagan, PLLC , we were discussing what characteristics were important for your family law attorney to embody. While I would ...

Many potential clients of the Law Office of Bryan Fagan, PLLC come into one of our free of charge consultations to ask one of our attorneys a question or two regarding community property . If you are ...

Having an attorney to represent you in your divorce is one of the most important aspects to a successful case. Your personal knowledge of divorce is based on stories you’ve probably heard from friends ...

An unpleasant realization that families facing divorce have to come to is that their sweet little dog, cat, or other pet is not actually the member of the family that we sometimes will believe that ...

When either you or your spouse incur a debt during the course of your marriage it is presumed to be included within the community estate . On the other hand, if you have incurred a debt before you ...

You may be thrown off by a family law firm attorney writing a blog post on how to not get a divorce , but your eyes are not fooling you. So often people get married due to particular situations that ...

Divorce is no longer an endeavor for the young. So-called,” Gray Divorces ” are on the rise around the country and Texas is no exception. As the number of these divorces increase so do concerns about ...

If you find yourself having recently divorced your spouse the summer time and beginning of a new school year are perhaps the most important tests that you will encounter to determine how your new ...

Dividing up the marital home in a Texas Divorce, Part Two In case you missed the Law Office of Bryan Fagan, PLLC ’s first blog post in this series on the marital home and its relation to your Texas ...

Dividing up the marital home in a Texas Divorce There is a fatigue that is associated with divorces that is absolutely real. On the emotional side of things, your life and your family’s life is being ...

How to get through a divorce with a disabled child in Texas If you have children and are considering a divorce then you probably feel a bit of unease as to whether or not moving forward with the ...

How can I get a disproportionate share of the martial estate in my Texas Divorce? When you reach the point where you decide that a divorce is necessary you probably have a reason (or twenty) as to why ...

What if my spouse hides assets during our Texas Divorce? We’ve all head the phrase, “The fear of the unknown”. This refers, basically, to the idea that people have a high level of anxiety about those ...

Without a doubt, your life will change after the divorce you’ve been involved in has completed. Whether you feel like you’ve come out of the experience as the “winner”, “loser” or somewhere in between ...

If you are going through a child custody or divorce case the thought has probably crossed your mind as to whether or not you would want your child to talk to the judge about which parent he or she ...

Keeping track of violations is key to winning an enforcement case in Texas If you are a divorced parent then you know the reality of having to rely on your former spouse to drop your child off at the ...

We have all heard stories of friends and family members who have paid half a year’s salary for a family law attorney . If you are going through the process of figuring out if a divorce is something ...

If you’re considering a divorce from your spouse or have just begun the process then the end of your divorce may seem like a distant dream. While it’s true that a divorce doesn’t finish overnight it ...

Many people are scared to use a lawyer in a divorce because they think their situation is too simple or easy to justify paying for a divorce lawyer to provide help and guidance. What many potential ...

When people are contemplating a divorce their first concern is usually their children (if they have any) and the property . The family home, motor vehicles, vacation houses, etc. are at the forefront ...

Becoming Emancipated in Texas: A How To Guide for Minors I think it’s fair to say that many of us wanted to venture out on our own two feet when we were teenagers. For most of us, that thought was a ...

How to lower your child support obligation in Texas In the event that you’ve lost your job, your pay has been decreased or any scenario in between occurs you will want to know your rights when it ...

In Part One of the Law Office of Bryan Fagan, PLLC’s blog posts on grandparent rights in Texas, we discussed the factors that come into play when you as a grandparent wants to win custody of your ...

In most families, grandparents and grandchildren have close relationships that are encouraged by the parents of the children. Grandparents are seen as persons to be respected and emulated. Their life ...

The attorneys with the Law Office of Bryan Fagan, PLLC are concluding their three part series on spousal maintenance by writing about the limits of support payments and some advice on proceeding in a ...

Spousal maintenance , commonly referred to as spousal support, is an important topic of which many potential new clients of the Law Office of Bryan Fagan, PLLC frequently ask questions about. With ...

I think we all have a family member, friend of neighbor who has told us horror stories about their divorce. By God, they went through a divorce that would make a lesser man or woman beg for mercy and ...

Post divorce advice on maintaining a strong relationship with your children, Part II Yesterday the Law Office of Bryan Fagan, PLLC posted a blog article that discussed three tips that were intended to ...

Every divorce , no matter how amicable, takes a strain on a family. You may be sitting at home and reading this blog post thinking, “My divorce will be the exception. Nothing but smooth sailing once ...

The advice that I give to potential clients of the Law Office of Bryan Fagan, PLLC that I consider to be the most important has to do with the emotional aspects of a family law case. Many people have ...

When it comes to a divorce , most people have the idea that filing a case with a court means that you will be going to court to have a judge decide the issues in your case and lay down the law as he ...

If you’re a parent who just got a divorce finalized at the end of this school year you’ve probably been acclimating yourself to a different schedule than you’ve become accustomed to as far as ...

Determining how to proceed when you are considering a divorce from your spouse is a difficult position to be in. You already understand that a divorce is not fun even if the marriage is failing and ...

Maybe the most important trait a person can have is the ability to communicate with our fellow human beings. Whether it’s with your boss, your doctor, your spouse or your lawyer being able to listen ...

It used to be that if you wanted to get your hands on walkie talkies, surveillance equipment or even a tracking device of some sort you would you have to go to the mall and walk into a Radio Shack or ...

If you believe that a divorce or child custody case is something that is in your future it is important to understand the basics of family law in Texas. While hiring strong and steady representation ...

Every once in a while potential clients of the Law Office of Bryan Fagan, PLLC will walk into our office with questions about a divorce . These folks will begin talking about their situation when they ...

If you’re a father with a baby at home and are going through a divorce it’s likely that you have questions regarding how much time you’re going to be able to have with your child after the divorce is ...

After having represented thousands of people across southeast Texas, the family law attorneys at the Law Office of Bryan Fagan, PLLC like to think that we understand a lot of the characteristics that ...

In popular culture and perhaps even in this blog-space, pre-nuptial agreements are discussed with much more regularity than are post-nuptial agreements. Pre-nuptial agreements are unsurprisingly ...

In May 2017, the Supreme Court of the United States ruled upon an issue that has to do with how military retirement is decided in a military divorce . The case is called Howell v. Howell and in its ...

When parents go to court and have a child support order established, either through a divorce or child custody case , that order will take into account the number of children an obligor (the parent ...

Probably the most commonly encountered stereotype that clients have when it comes to the family courts in Texas is that fathers stand no chance of winning primary custody of their child in a divorce ...

Men and women are different from one another. Perhaps no truer statement has ever been uttered or written in the history of humanity. If you are going through a divorce you too would probably agree ...

Temporary Orders hearings can arise in many different family law cases in Texas Courts . Whether you are going through a divorce or child custody case a temporary orders hearing occurs typically ...

If you are in a marriage where your spouse is dealing with an alcohol or drug addiction you know how difficult it is can be on a family. There are ups and downs associated with your spouse’s mood. ...

Recently, a prior client who I had represented in her divorce came in to discuss some recent developments in her case. Her questions caused me to look into an area of child support law that I was ...

There are two parts to an attorney’s official job title. The first is the more well-known portion: “Attorney”, The second, lesser-known portion is “Counselor at law”. To be a successful attorney a ...

The subject of child support is probably the most delicate one that the attorneys at the Law Office of Bryan Fagan, PLLC deal with on a near daily basis. This is the case no matter if we are talking ...

Many potential clients of the Law Office of Bryan Fagan, PLLC come into our office for a consultation and have a concern about one subject in particular prior to engaging in a divorce or child custody ...

In many divorces , both spouses just want to get out of the marriage without too much bloodshed from either side. Maybe they’ve been divorced before and know the toll that a divorce can take. Maybe ...

As an investment, stock represents a percentage share in the ownership of a business. When the business does well the value of the stock will typically increase and when the business does poorly or ...

Life for the men and women who serve in our country’s military is both extremely rewarding but also full of challenges and hardships. As an attorney with the Law Office of Bryan Fagan, PLLC, I have ...

Humans are as mobile now as we have ever been. Transportation, technology and the desire to see the world and understand one another has led to a rise in immigrants coming to the United States. Many ...

Immigration to the United States, while not at its peak levels currently, is still prevalent. People from all over the world see our country as a pathway to a better life for themselves and their ...

A divorce is like many things that we want to achieve in our lives. We know where we currently are and we know what the goal is. The part we are often unsure of is how to actually get there. When you ...

In a perfect world, people would get married, have kids and stay together until they’ve got more great grandkids than they do teeth. Unfortunately, we don’t live in a perfect world and divorce happens ...

It is fairly well established that we are living in a golden age of television. While newly released movies are seemingly limited to re-makes of old movies or re-re-makes of comic books stories, ...

In terms of physical property, there is no more important investment that you can make than buying a home. You need to consider the actual dollars spent on purchasing the home and furnishing the ...

The attorneys with the Law Office of Bryan Fagan, PLLC help clients across southeast Texas with divorces that do not involve going to court or multiple year disputes over property. These types of ...

In a divorce or child custody case in Texas any child under the age of eighteen is covered by the conservatorship, possession, access and visitation sections in a Court’s order. It is the state’s ...

It used to be the case where if you wanted to divorce your spouse you had to specify the reason why. Maybe she was abusive against you. It could be that he used your name to sign up for some loans and ...

In some marriages, the problem is that the husband and wife cannot get out of each other’s hair. In other marriages, the issue is the exact opposite- one spouse has left the marital home and cannot be ...

The set of laws that sets the standard in the United States for determining what state has jurisdiction over a child custody matter is the Uniform Child Custody Jurisdiction and Enforcement Act ...

Parental alienation is, simply put, when one parent essentially makes the children of the marriage choose sides in order to undermine the relationship between the other parent and the child. When one ...

One of the ways that people can be divided up is based on whether or not they are “big picture” or “details” people. Big picture people tend to focus more heavily on the results of a situation rather ...

For those of you who are not experienced with legal cases you may be wondering what sets family law cases apart from other areas of law. Having worked with clients across Southeast Texas in courts ...

In the third and final installment in the Law Office of Bryan Fagan, PLLC’s series of blog posts on Child Protective Services , we will discuss issues surrounding the extent to which CPS can inspect ...

This blog post is the second in a series of posts that detail CPS investigations : what they are, how CPS conducts them and how you can present yourself most favorably during one. Obviously there is ...

When a potential client walks into the Law Office of Bryan Fagan, PLLC with a question regarding a Child Protective Services (CPS) investigation it is the goal of the attorney to provide information ...

What is mediation, you may be asking. Mediation is an event where the parties to a divorce and their attorneys meet with a neutral, third party called a mediator to attempt to settle any outstanding ...

We all live in an age where information is readily at each of our fingertips. A few keystrokes can lead to our discovering the names and birthdates of long lost relatives if we visit a genealogy ...

Protecting the health and well being of children in Texas is the mission of Child Protective Services (CPS) . As a branch of the Texas Department of Family and Protective Services (TDFPS) , CPS ...

When a child is born in Texas and his or her parents are not married there the child will not have a legal father. Of course, the child has an actual father but that biological father must complete ...

We have written several articles on why it is a good idea to pay your child support . We also have written articles on why ignoring a child support agreement or making an informal agreement with the ...

Recently, a friend and fellow attorney asked me some questions regarding one of his cases. He was representing the husband in a divorce case . The facts were a little unusual in that they had ...

One of the biggest reasons people seek out our help in a divorce or custody case is there are children involved. One scenario that we hear frequently is that a parent will go to pick up the children ...

In the Law Office of Bryan Fagan, PLLC’s final installment of our series of blog posts whose subject is preparing for a temporary orders hearing in Texas , we will discuss some final pieces of advice ...

The Law Office of Bryan Fagan, PLLC understands that if you are facing a Temporary Orders Hearing in your divorce or child custody case that you will be nervous and a little apprehensive about the ...

The attorneys at the Law Office of Bryan Fagan, PLLC are eager to share some tid-bits of knowledge with you in regard to Temporary Orders hearings and how best to prepare for them. In the previous ...

In part four of the Law Office of Bryan Fagan, PLLC’s series on Temporary Orders hearings , we will discuss the part of the hearing itself that gives clients the most amount of discomfort- their ...

If you’ve managed to arrive at this blog post without reading the prior two installments in the Law Office of Bryan Fagan, PLLC’s series of articles on preparing for a Temporary Orders hearing it may ...

In case the title of this blog post didn’t give it away, this is the second in a series of articles that the Law Office of Bryan Fagan, PLLC has produced to introduce topics that concern Temporary ...

It happens on a somewhat frequent basis that potential new clients of the Law Office of Bryan Fagan, PLLC will walk into our office for a consultation only a day or two before a Temporary Orders ...

In order to prevent the abuse of a child or other family member a Protective Order can be issued by a Court. Clients of the Law Office of Bryan Fagan, PLLC walk into consultations with our attorneys ...

It is an unfortunate truth that violence in the home is more common than any of us would like. When incidents of violence occur in the home it is less likely that anyone else ever becomes aware of the ...

The Houston divorce attorneys at the Law Office of Bryan Fagan, PLLC work as hard as possible to uncover any hidden assets or money that an opposing party may be attempting to hide from one of our ...

What you don’t know can hurt you in a divorce case. That is a basic statement that can apply to your divorce or any other person who is going through the process in Texas. The information that you ...

The State of Texas is among those States that does recognize common law marriages . There is a legal standard that the relationship has to meet in order to be considered a common law marriage, ...

A while back, a friend and fellow attorney had asked me some questions regarding terminating parental rights on a father. My friend’s potential client, the father, had a one-night stand that resulted ...

This blog post is second in an installment of two articles intended to provide some assistance to people who are planning for a divorce in the near future. Part One of the series provided advice in ...

In the intro to my book I wrote about how I had been encouraged to write a book and how I did not want to write a book. Why not? Because, I did not believe I could find the time in my busy work and ...

Whenever a po