Divorce can prove to be a contentious time for you and your former spouse. Dividing assets can lead to heated disagreements. If you have children, you need to figure out custody arrangements, which could heighten the tension even further. Co-parenting during divorce can prove frustrating, but here are a few tips to make it work for you and your children. #1: Let your children know about the divorce.The first step in co-parenting during divorce is always to communicate with your children about what is happening. While you may fear their disappointment or sadness, it is often better to have this discussion earlier rather than later so your kids know what to expect. You may choose to have this discussion with both spouses present. In this case, both of you will be able to affirm that you love them and will continue to love them. Affirm that the divorce is not their fault, and be sure to explain that the relationship with each parent will continue. Respond to any concerns and questions they may have. This is a difficult time for everyone involved, and your children may be understandably confused or worried. Younger kids may ask the same questions repeatedly—this is their way of creating a sense of security. Be patient and be sure to keep your answers consistent. #2: Never vent to your children about your spouse.While it may seem frustrating, do your best to keep things cordial between you and your spouse. When co-parenting during divorce, treat each other with respect, especially in front of your kids. Leave them out of any heated discussions or arguments, and try not to argue in front of them. Your kids should also not witness you expressing any damaging remarks about your spouse, either intentionally or unintentionally. If you need to vent, call someone you trust to express your feelings. Be sure that your kids are not within listening distance. If you need to, approach every interaction with your spouse as though it were a business meeting. Speak to them with respect and neutrality—as though they were a colleague. #3: Maintain as much stability as possible.One part of your children’s world will be changing significantly. Depending on the details of the divorce, your children may be moving, changing schools, and trying to form new friendships. Their relationships with extended family may change as well. If you are able to, keep your children’s support systems stable by allowing them to maintain their school, friends, and family ties. If these changes cannot be avoided, give your kids enough time in advance to learn about and cope with these shifts. Do not wait until the last possible moment to tell them. When your divorce is fully implemented, you and your kids will likely need to adjust to new routines. But life will eventually seem normal again. How will a judge decide if you are able to co-parent?No matter how much you hate your soon-to-be ex-spouse or husband, a judge will not consider your feelings toward him or her. Instead, the judge will look at your relationship as a way to better raise your child. Now the question is: How will the judge see you and your ex as a team in raising a kid together? The judge will likely view you and your spouse more favorably if you are able to prove that you can talk weekly on the phone about the activities of the children and changes in your work schedule which affect drop-off/pick-up time. Is it possible for you and your ex to work together in order to make the best decision for your child’s interests? Are you willing and able to take the time to talk to your ex-spouse about the things that are affecting the child’s life? The judge will likely view you and your spouse more favorably if your spouse reports that both of you are talking weekly on the phone about child-related activities and changes in your work schedule. Your ex-spouse should be aware that you are interested in keeping them informed about changes to a child’s lifestyle or routine. Your ex-spouse should be informed if your child has had problems with certain foods or a reaction to sunscreen. These issues are not only detrimental to your child but can also be disrespectful to the child. If you are taking time off from work to attend a school function or a doctor’s appointment, it is important that you inform the other parent immediately. It is possible to cause great animosity towards your partner if you do not notify them. Arrange For a Divorce or MediationWhile your children will need time to adapt and cope with their feelings, the way you handle your divorce can help ease their pain or worsen it altogether—in the short- and long-run. If you need help going about your divorce in a healthy manner that benefits both you and your children, call Whitney Thompson, Esq. at (979) 318-5079 today. Via https://www.wthompsonlaw.com/co-parenting-during-divorce-how-to-work-together-for-your-children/
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Special needs children present a unique challenge for estate planning. Optimizing your estate to use, enhance, and enrich assets for your special needs child while maintaining their enrollment in public benefits programs requires careful planning. An estate planning attorney can prepare a special needs trust to accomplish these and other goals you have for your child. (New) Estate planning presents unique challenges for families with special needs children. In maximizing your estate’s potential for use, enhancement, and enrichment while maintaining your special needs child’s enrollment in public benefits programs, careful planning is necessary. To accomplish these and other goals for your child, a special needs trust can be prepared by an estate planning attorney. A special needs trust can meet strict financial eligibility rules for means-tested assistance programs because the assets held in the trust are not directly available to the child. A trustee provides benefits to the child via the trust. Parents select this trustee with great care because they will act as the child’s money manager, ensuring proper financial supervision after the parents die. A letter of intent is also a powerful tool to guide the trustee to make decisions that best benefit the child’s unique needs. In most cases, your special needs child will benefit by selecting a non-family member who is independent to act as your special needs trustee. The range of options includes:
Each option has advantages and disadvantages that require close counsel with your estate planning attorney or financial advisor before selecting your trustee. The creation of your special needs trust can happen while you are living or at the time of your death. A last will and testament can incorporate creating the trust, known as a testamentary trust. Parents often set up the trust while alive, known as a living trust (inter vivos trust). The living trust has advantages, including the avoidance of probate, the permission for other family members to make trust contributions (usually grandparents), and the opportunity for a co-trustee to experience what it is like to administer the trust. Whether or not your trust is revocable or irrevocable affects tax consequences. Generally, you’ll want to choose a revocable trust if the goal is to maintain maximum control over the trust and income tax considerations aren’t a concern. Establish an irrevocable trust when there are concerns regarding income tax consequences, particularly if the trust funds exceed one million dollars. In this instance, both federal estate and gift taxes may apply to the trust. While there is much to consider and decide, the crucial step to providing for your special needs child is to make it legal. Verbally telling your family how to care for your child is insufficient. In the absence of a will, testamentary trust, or living trust, the state in which you live will determine the outcomes of your estate’s distribution. This situation is not a viable option for a special needs child or any of your children. Receiving proper legal guidance to implement your estate plan using appropriate trusts is crucial to maintaining a healthy lifestyle for your special needs child. Do not attempt to craft these legal documents on your own, use existing forms, or copy some internet template. Each special needs child requires careful considerations that are unique to them and the challenges they face moving forward. With so much at stake, a qualified estate planning attorney with expertise in special needs planning will best suit your wishes and the child’s needs. Protecting public benefits such as Supplemental Security Income (SSI) and Medicaid and establishing a special needs trust through your estate planning can best achieve these goals. We hope you found this article helpful. Please contact our Houston office at 281-214-0173 or the Bay City office at 979-318-5079 today and schedule an appointment to discuss how we can help you with your legal matters. Via https://www.wthompsonlaw.com/financial-planning-for-special-needs-children/ When a child becomes an adult at age 18, they gain the right to make decisions about their life, their finances, and their health. In some cases, however, obtaining a special needs guardianship as their parent or caregiver is necessary for their well-being. Such a guardianship can control some or all of the legal decision making power for the adult ward. As a family law attorney whose office handles guardianship and estate planning, I wanted to discuss this topic to help others understand how it works. If you think you may need to become a legal guardian for an adult with disabilities in the future or need to make that decision now, here are some considerations to think about. Does My Child Need a Special Needs Guardianship? The first thing to decide is whether the person in question needs a guardian. It’s important to understand that a diagnosis of mental illness or cognitive disability does not automatically mean that someone needs another person to make decisions for them. There are two types of guardianship: guardianship of the person and guardianship of the estate. Guardianship of the person is when someone needs help making decisions about their living situation, healthcare, and other personal matters. Guardianship of the estate pertains to financial and legal matters, such as paying bills or hiring an attorney. Most courts consider special needs guardianship a last resort and attempt to find alternatives that grant the individual some power to make their own decisions about their life. A limited guardianship granted by the courts only allows a guardian to make certain decisions. Alternatives to Special Needs Guardianship Guardianship of an adult with cognitive disabilities or mental illness is not always the best option. Fortunately, you can choose one of the many alternatives to special needs guardianship that exist and even combine them in whatever way that best serves the interest of the person being cared for. Alternatives to guardianship include:
To figure out the option that is best for your situation, it’s critical to consult with a professional such as an attorney. How to Get a Special Needs Guardianship through the Courts Obtaining a guardianship through the courts begins with a petition. The petition includes information about the person such as a description of their disability, their relationship to the proposed guardian, and the reasons that the courts should grant the guardianship. The next step of the process is a hearing before a judge. During the hearing, the petitioner must prove that a guardianship is necessary, that no other alternatives are sufficient, that the petitioner is capable of carrying out the duties of a guardian, and that no one else has a better claim to become the person’s guardian (for instance, a parent or another close relative). How does Guardianship work for an adult with special needs?Texas’ guardianship process is administered by the probate court. It’s used to protect incapacitated or vulnerable adults (and minors in some cases) from abuse, neglect, and other difficulties that could arise if they have to make difficult decisions about their lives and finances. When you apply for guardianship, you are asking the court to:
Texas law defines legal incapacitation as a person who is unable to work because of a serious medical or mental condition and if they are unable to:
Although guardianships may be necessary in cases where the person cannot manage their own affairs because of a disability or illness, they are clearly different from incapacity. Paraplegia or any other form of disability does not automatically make a person legally incapacitated. A person can be incapacitated if they are unable to take care of their financial and physical needs. If a person is only partially incapacitated (e.g. when they can care for themselves but are unable to manage their estate and finances), guardianship rights may be limited. When you seek guardianship, it is essential to first understand the abilities and needs of your child and how they are seen by law. As you can see, obtaining a special needs guardianship can be a complicated matter. It is best to consult with an attorney to make a plan for how to approach guardianship. If you have any questions about special needs guardianship or its alternatives, please don’t hesitate to contact me. Via https://www.wthompsonlaw.com/special-needs-guardianship-a-short-guide-for-parents/ As a Matagorda County attorney, I hear about it all the time. The holidays can be a difficult time for children whose parents are divorced or separated. No matter how co-parents schedule their time with their child—for example, splitting time on Christmas or one parent taking Christmas Eve and the other Christmas day—the holidays can be a confusing time. Want to make it easier on your child this holiday season? These tips might help. Do Not Make Them Feel Like They Are to Blame If you do not get to spend time with your child on a holiday like Christmas, it’s perfectly fine to feel sad. But you should think of your child’s feelings before sharing that information with them. Telling them that you are sad that you won’t get to see them on the holiday won’t change the situation for the better. In fact, it could make your kid feel as though they are to blame for your sadness. Instead, focus on the positives. Tell them you are excited to spend time with them on an upcoming day. Ask them if they are excited about their presents. Tell them to have a great holiday. The things you say could affect how they view the holiday for years to come. Allow Them to Talk about Their Other Parent Freely If your kid wants to talk about your ex-spouse, it’s critical that you try to make them feel like you want to hear what they have to say, even if you really don’t. Avoid facial expressions and comments that make your child feel bad about sharing what they do with their other parent. Regardless of your divorce, you and your ex-spouse are both a huge part of your child’s life. Alternatively, do not use your child as a way to get more information about your ex-spouse by asking them questions about their time together. Only if your child wants to be forthcoming about their time with their other parent should you ask them. No Negative Talk about the Other Parent You should make this a habit for the rest of the year, too. Negative talk about the other parent, no matter how discreet you think you are being, can have an adverse effect on your relationship with your child. Before you and the rest of the family get together, be sure to have a talk with them about not being negative toward your ex-spouse. Reduce Their Stress When Dropping Them at Their Other Parent’s House The holidays can be a stressful time, but it is imperative that you take measures to reduce your child’s stress when you take them to their other parent’s house. For example, if something about the exchange changes, let your child know ahead of time. If you have to change the time or place or your ex-spouse needs to change things, communicate to your child that you and their other parent have agreed that a different time or place is best for everyone. It’s important to keep your child’s point of view in mind when making decisions. By taking on their perspective, you can avoid creating new stresses in their life. What can I do if my visitation is denied by another parent?Although family and friends may urge you to call the police, law enforcement will often insist that visitation denials be treated as a civil matter. Police officers are more likely to stay away from a situation where a dispute escalates to a criminal case. Police officers can read court orders depending on their department and attempt to help the parties. However, the policy is a civil matter so the police cannot enforce it. A parent can choose from two options to resolve the issue:
What is considered a denial of visitation?Children thrive when parents can collaborate in a flexible, cooperative manner to create a schedule. Parents should work together to meet each child’s needs. Parents may not know how to enforce visitation rights if this happens. You will need to present a pattern of denials in order to have your visitation orders enforced. Talk to an Experienced Matagorda County AttorneyIf you need to speak with an attorney who practices family law, don’t hesitate to reach out to me. I am here to help. Via https://www.wthompsonlaw.com/navigating-holidays-when-co-parenting-after-divorce/ Guardianship is a legal proceeding in which the court gives a responsible party (usually a family member) full or partial decision making-power (authority) for an adult to make decisions on behalf of an incapacitated person (the ward). There are two types of guardianship in Texas—guardianship of the person and guardianship of the estate. The guardian of the person must provide care for the ward to the extent provided by law. The guardian of the person must act to protect and preserve the ward’s person whereas the guardian of the estate oversees the ward’s finances. The best interests of the ward is the guiding principal in creating both a guardianship of the person and a guardianship of the estate. When children with disabilities near the age of adulthood their parents must take the proper measures to appoint themselves or another trusted individual the guardian of their child. In Texas, when a child is under 18, parents have the legal authority to make decisions on that child’s behalf. However, when that child turns 18 years of age, the authority ceases. To obtain guardianship, the parent or other third party must file a petition with the probate court in which the ward resides. Courts will always seek to keep the incapacitated person as an independent person. Therefore, courts often assign guardians over certain areas of a ward’s life and not others. It is highly advised that you work in conjunction with a knowledgeable and experienced attorney if you are a parent petitioning for guardianship over your adult child. The petition for guardianship is itself complicated. You will be required to describe the specific areas in which your child needs supervision. These can include whether your child can bathe himself, feed himself, drive or make decisions about money. The court may very well ask you to demonstrate that you have looked into a less formal support than guardianship. These supports include: (i) using joint bank accounts or becoming a representative payee to help your child to pay bills or to manage money; (ii) a supported decision-making agreement to assist your child in making decisions about areas of life such as education, living arrangements, health care, finances, etc.; and (iii) creating special needs trusts and savings accounts. You and your lawyer would then take all this information to the court and file a petition for guardianship. Once your attorney files your petition with the court, the judge will assign an attorney ad litem. The attorney ad litem is an attorney whose function is to represent your child in the guardianship process and promote solutions that are in the child’s best interests. An attorney ad litem is charged with determining whether a guardianship is needed or if other services could meet your child’s needs. The attorney ad litem will speak with your child about his or her understanding of guardianship law and determine what your child desires. The attorney ad litem will also review other relevant information in making his or her recommendation, including reviewing medical records, and speaking with teachers, neighbors, family and friends. Once the attorney ad litem has gathered and synthesized all this information, he or she will participate in the court hearing on behalf of your child. The court will then decide whether to issue guardianship. Different Types of Guardianship in TexasTexas offers four types of guardianships: Guardian of the person, partial or full: The guardian provides care, supervision, and food for their ward. Texas law allows only one person to be appointed guardian for a person or estate. However, one person can be appointed guardian for a person, and another person can be appointed guardian for the estate if it’s in the best interests of the incapacitated person/ward. How do Courts Appoint a Guardian?Texas courts give guardianships by using a top-down approach that favors family members over non-family individuals. If the ward to be guarded is a minor, the courts will order guardianship in the order of: Parents If the ward is an adult, Guardianship will be in the following order: The guardian appointed by the ward prior to their incapacity If guardianship is granted to more than one person, the court will determine who the best choice will be for the ward. Additionally, you will need to renew the guardianship every year by filing a report with the court. If your child is turning 18 and will need a guardian once he or she becomes of age, it is essential to retain an attorney well-versed in guardianship law. You want to be prepared in order to organize and submit the strongest evidence in your petition and in your yearly reviews to guarantee that your child’s best interests are served. To speak with a knowledgeable, experienced attorney contact Whitney L. Thompson, esq. at (979) 318-5079. Via https://www.wthompsonlaw.com/obtaining-guardianship-of-an-adult-child-in-texas/ Divorce is difficult enough without having to find a divorce lawyer who is the right fit for your case. Most people have no experience when it comes to searching for an attorney who practices family law, so searching for someone to take on your case can seem daunting. Getting divorced is not a decision that people take lightly, and rightly so. Hiring a divorce attorney should not be taken lightly, either. If you are looking for a Texas divorce lawyer, here are some things you should know. Know What You Need in a Divorce LawyerSome divorce cases are more complicated than others. If you know that negotiations are going to be drawn out, you should consider hiring an attorney who has extensive experience with negotiations. Likewise, if you think that your spouse is going to stonewall and refuse to compromise, you should find a divorce lawyer who has experience with litigation. Here are some other things to think about:
It’s critical to remember that certain attorneys may act in their own self-interest when selling you their services. They may push you toward a service or expertise that they have that you know you do not need. In such cases, you are your best advocate—which is why it is so important to know what you need before hiring an attorney. Take Your Time Finding the Right AttorneyIt’s understandable that you want to find a divorce lawyer as fast as possible, but taking your time will be worth it. The first attorney you speak to may not be the best to handle your case. Do your research. If you find someone you think might be a good fit, check out their online presence. Look at their website to learn more about them. Read reviews from other clients. Speak to your friends and family for recommendations. Ask people you trust if they know anyone. Once you identify some options, set up a consultation with each candidate. Come prepared to ask them about their experience as a divorce attorney. On a side note, I am happy to answer any questions you have about my experience before we start working together. Contact me to set up a meeting so we can chat. Find a Divorce Lawyer Who Is in It for More Than the MoneyYou don’t have to become friends with your divorce attorney, but they should genuinely care about you and your case. It’s not always possible to tell who is in it for the money, but here are a few red flags to avoid:
What is the average divorce cost in Texas?Lawyers.com conducted a survey and found that the average Texas divorce costs $15,600. A survey by Lawyers.com also found that Texas’ average divorce duration is 12.5 months. However, it isn’t a one-size-fits-all situation. Every case is unique, and each case may take more or less time. The cost of a divorce can also be affected by the hourly rate charged at a local law firm. For example, an attorney in Bexar county may charge a different hourly fee than an attorney from San Antonio. To get an idea about the costs of each attorney in your case, it is a good idea if you are thinking about divorce. One may seem more similar than the other, while another may have a higher or lower price. Whatever the case, it is useful to have options. What is the average Texas divorce duration?It takes approximately 60 days to finalize a Texas divorce. Once the judge has pronounced the divorce in open court and signed the decree, the divorce will be final. Let’s say the spouses refuse to reach a settlement. The divorce then moves on to a courtroom trial. This may take anywhere from six months to one and a half years, or even longer. Texas divorce costs and complexity are based on the degree of conflict and complexity involved. At the start of the divorce process, the court will assume that both spouses jointly own all their assets and property. Let’s say that one spouse has separate property. They will need to prove that they do have separate property by tracing it using “Clear and Convincing Evidence” Separate property is a property that only one spouse has inherited or received as a gift. You might have inherited money or property from your grandparents or mother. The court will review everything and determine the best way to divide community property among the two parties. It’s a 50/50 split. In rare cases, such as unequal earning or fault, it may affect property division. A lawyer can help you better understand Texas divorce costs. Ready to Talk about Your Case?Are you looking for an experienced divorce attorney? Talk to me today so that we can have a conversation to see if we are a good fit. Via https://www.wthompsonlaw.com/how-to-find-a-divorce-lawyer-perfect-for-your-case/ |
About UsHouston, Texas estate planning attorney The Law Office of Whitney L. Thompson is here to help with estate planning needs including trusts, wills, guardianship, and Medicaid planning. Attorney Thompson works hard to represent her client and ensure that they receive the best outcome possible. Call 281-214-0173 to schedule a consultation. ArchivesNo Archives Categories |