San Marcos Texas Legal Blog

Tips for creating a child custody plan

On behalf of Law Offices of Jacqueline R. McNutt posted in Child Custody on Thursday, April 26, 2018.

Parents who are separating want to be able to create a plan that sets the guidelines for how they will parent together after a divorce. There are ways to draft a child custody plan that is fair for the parents and in the best interests of children. When Texas parents keep the facts and their goals in mind while creating a parenting plan, they may be able to make the co-parenting process a bit easier.

It can be tempting to let emotions get in the way when making parenting decisions, but the facts are what will comprise a good parenting plan. An individual can start by keeping track and taking notes. Knowing both parents work schedules, history of abuse, and ability to provide all go into consideration when individuals work on a custody agreement.

Divorce can prompt financial awareness

On behalf of Law Offices of Jacqueline R. McNutt posted in Divorce on Thursday, April 19, 2018.

Individuals reaching retirement age are choosing to leave their partners more often. The new trend is known as gray divorce, and the numbers of people over 50 who break off a marriage are rising. Ending a marriage at this later-in-life stage may prompt some individuals to look more closely at finances and investments. Texas residents who may not be currently involved with marital finances may soon decide that an active role may be useful for their needs.

A recent study revealed that often, women still tend to defer to their husbands when it is time to make investments. Many women know little about the nut and bolts of family finances. When the time comes for divorce, these woman may find some surprises.

3 estate planning documents to review after divorce

On behalf of Law Offices of Jacqueline R. McNutt posted in blog on Saturday, April 14, 2018.

Few things are more emotionally and financially difficult than a divorce. As you end your marriage, your estate plan may be the last thing you are thinking about. However, it is crucial to keep your estate in mind during this tumultuous time.

It is crucial to review and update your estate plan after any substantial life change. Here is a guideline for tweaking your estate plan after dissolving your marriage.

New law may provide a child protection defense for parents

On behalf of Law Offices of Jacqueline R. McNutt posted in Child Protection Defense on Wednesday, April 11, 2018.

Certain situations arise in which a parent has few resources to effectively care for a child. A parent may then wish to temporarily place a child in the care of another person while he or she acquires the needed resources that will allow him or her to be able to care for the child again. Sometimes, leaving a child with another person could cause the parent to be charged with neglect or abandonment, and this can leave the parent in need of a child protection defense. A proposed law in another state raises the issue and provides a solution that may be useful for parents in the state of Texas.

Under the proposed law, parents would be able to temporarily give up custody of their children using the power of attorney through a private child care facility such as a church or other organization. The move would keep children out of state foster care and would cost the state nothing. Parents across the United States already do this, but the practice is not always protected by law.

In 2018, these family law problems are common

On behalf of Law Offices of Jacqueline R. McNutt posted in Family Law on Wednesday, April 4, 2018.

Couples are apt to fight over just about anything at the end of a marriage. Many family law attorneys in Texas have just about seen it all. Some lawyers who work closely with couples calling it quits say they are seeing new off-the-wall trends in what couples differ about during the divorce process.

Thanks to advances in technology, couples with fertility issues can freeze an embryo for some assistance with reproduction. At the end of a marriage, those frozen embryos may be disputed personal property. While the embryo belongs to both parents, some courts have decided that it is not permissible for one person to force another to be a parent against his or her will.

Father fights to regain child custody of his daughter

On behalf of Law Offices of Jacqueline R. McNutt posted in Child Custody on Wednesday, March 28, 2018.

A man in another state is heartbroken as he attempts to reunite with his child. The father has filed a lawsuit against a county Department of Social Services, claiming that he was deceived into signing away his parental rights. The child custody case has roots that go back years, and the county's practice of having parents sign the documents has been questioned before. Parents in Texas having custody issues may certainly be able to relate to the man's unfortunate case.

The father explained to the media that a few years ago, he was dealing with his wife's sudden heart attack. Since he needed to leave town to tend to his wife in the hospital, the man left his child with family friends while he was away. A teacher at school reported the child to DSS when she observed that the child smelled like a cat. That's when the authorities became involved.

Parents mount child protection defense in crib case

On behalf of Law Offices of Jacqueline R. McNutt posted in Child Protection Defense on Wednesday, March 21, 2018.

A case of an allegedly caged child is sure to grab headlines. The real impacts of such a claim, that a parent would cage a child, can prove disastrous for a family if the assertions are inaccurate or untrue. A recent case involving a disabled child called for the parents to mount a child protection defense in order to have their child returned to their care. Families in Texas who may be facing false allegations of child abuse or neglect may be interested in the details of this particular news story.

The child's special needs teacher supposedly visited the parents' home and saw a crib that she described as looking like a cage for a dangerous animal. Police reports indicate that authorities saw the crib as a metal cage with plywood on it, supposedly to keep the child from escaping. The attorney for the family asserts that the authorities have sent the wrong message. The crib, he says, looks like something out of the past, but was not intended to harm the child.

3 tips for finding the right family law attorney

On behalf of Law Offices of Jacqueline R. McNutt posted in blog on Wednesday, March 14, 2018.

When you trust someone to advocate on your behalf, you want to have full confidence in this person’s ability to represent you. You also want to make sure the two of you have what it takes to establish an effective working relationship. Hiring a family law attorney is an investment, so it is wise to make efforts early on to research each potential attorney and improve your chances of finding the right fit for you.

So, before you sign on with a family law attorney, consider the following three tips.

Prenuptial agreements can help lovers dodge contentious divorce

On behalf of Law Offices of Jacqueline R. McNutt posted in Divorce on Wednesday, March 14, 2018.

Prenuptial agreements are a useful tool for individuals who anticipate that someday they may need to end their marriage. A timely, honest and properly drafted prenup can help an individual avoid an acrimonious divorce by setting expectations well in advance of any trouble. Many Texas couples choose to utilize the prenup and ease their minds about potential issues during a breakup.

There are a few common elements of a good prenuptial agreement. One thing that can cause a prenup to be challenged in the event of a divorce is if one party says that he or she signed the agreement under duress. After the couple gets engaged, but well before the wedding planning begins, is likely the best time to draft and sign the document.

Common threads that ease family law matters

On behalf of Law Offices of Jacqueline R. McNutt posted in Family Law on Thursday, March 8, 2018.

Breaking up a marriage can create conflict by its very nature, which is why many automatically think of battles when the topic comes up. Luckily, this isn't always the case, and many people are able to find a middle ground in which they are able to split from a soon-to-be ex-partner amicably. Family law matters in Texas are settled every day without bitterness or acrimonious fighting when individuals show some common threads.

Chief among those common threads are the ability to communicate respectfully, without nastiness, but not too much. Allowing some communication to settle important matters, and keeping enough distance so that they can move on helps people to move through grief and avoid wallowing in the misery. Individuals who are healthy and already able to care for themselves emotionally, financially and physically tend to have an easier time because they are already able to survive without being overly reliant on another person.