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July 2015 Archives

Actress cannot pursue child custody case in California

Texas residents may have heard that a Los Angeles judge ruled that actress Kelly Rutherford could not pursue her child custody case in California. The judge said that the children's connection to the state was tenuous at best as they have spent only two weeks in the state in the past two years. Her two children have lived with their father in Monaco since 2013 after he lost his U.S. visa and was unable to return to the country.

Pet custody in a divorce is becoming similar to child custody

People in Texas form strong emotional attachments to their household animals, and when pet owners go through a divorce, the question of who will get custody of the family dog and cat can sometimes be a contentious one if they are otherwise unable to agree on the matter. Although courts have traditionally treated the pets as personal property subject to the normal rules of division, many are now treating them a little bit differently and are looking at this issue in a similar manner to the way child custody is approached.

Father seeks custody after children sent to juvenile detention

Texas residents may have heard about an unusual child custody case in Michigan in which a judge sent three siblings to juvenile detention for refusing to visit their father. The judge has now agreed to transfer the children to summer camp, and their father is seeking full legal and physical custody of them.

Actress must prove residency before continuing custody case

Texas parents who have followed Kelly Rutherford's international custody case may have heard that the actress recently appeared in court on a jurisdictional matter. It has been reported that she had to demonstrate that the California court should maintain its control over the case.

Past drug issues are not a bar to winning child custody

Past substance abuse issues are not a total bar when it comes to prevailing in court in a child custody dispute. Courts in Texas and around the country like to encourage a healthy-parent child relationship and are unlikely to make rulings that prevent a parent from having access to their child. A court is likely instead to consider the recency of the substance abuse and if necessary, put safeguards in place, such as random drug testing or supervised visitation.

Handling property division in Texas

When a married couple gets a divorce, how to properly divide property can be a difficult and contentious issue. However, there are several factors to consider that may determine what each party may be entitled to. The first question to answer is whether or not a valid marriage existed. If not, it may be easier to seek an annulment.

Rapper DMX charged for nonpayment of child support

Texas residents who are fans of the rapper known as DMX may be interested to learn that he was taken into custody for failure to pay child support and other charges. The incident occurred in New York City on June 26 just before the rapper was going to perform at the Master of Ceremony concert at Radio City Music Hall.

A summary of child custody and support determinations

When deciding child custody matters, a Texas court's first concern will be the best interests of the children. Judges have broad discretion to decide matters of custody and visitation. The parent who is not awarded custody will typically be ordered to pay child support, which is usually determined based upon state guidelines. To petition a court to modify a custody or support order, a parent must prove to the judge that there has been a material change in circumstances since the order was initially issues.

How debts are split in a divorce

In a Texas divorce, the couple's debts will be divided along with their marital property. Marital debt in general includes only those obligations that were acquired by one or both partners during the marriage, and not any debt that was owed by either partner prior to the marriage. The type of debt that is owed by spouses can effect how a court is likely to determine the division.