Father's rights in child custody
The Rights of the Father

Fathers have more rights today than they had years ago when mothers were almost always granted primary custody of the children, but many divorcing fathers still must struggle to obtain them.  This can happen even though in today’s world both parents often work, fathers may be the stay-at-home parent and may actively participate in their children’s lives, and the importance of children having a father’s presence has been recognized. Children who do not have a father in their lives suffer many negative effects, such as being more likely to use drugs or drop out of school.

Texas law recognizes the father’s equal right to be considered as the primary conservator, and courts are more likely to award custody to fathers than they used to; but mothers more often wind up having more benefits and control, especially when the children are …

Custody issues with a problematic spouse
Custody Issues with a Problematic Spouse

There is no end to the issues a problematic spouse can create when custody is disputed.  Since parents are customarily appointed to be joint managing conservators, with equal say in making important decisions for the child, disagreements may arise in major areas regarding issues such as where the child should be educated, what medical and dental care the child should receive, and what religious training should be provided. Problems frequently occur if one parent wants sole managing conservatorship and the other parent does not agree.

Issues also arise in regard to physical custody – how much time the child should spend in the home of each parent, what visitation schedules should be set up, and what relatives are allowed access to the child.

When There’s a Disagreement Between Parents

If parents do not agree, the courts will decide for them. …

The Rise of Digital Spying in Divorce

When marriages turn sour, some people turn to digital surveillance to monitor their spouse’s behavior. According to an NPR report, some family law attorneys say that digital spying has become so common, it’s changing how they handle divorce cases.

People are using GPS monitors, software, and other devices to monitor not only the physical location of their current or ex spouse, but also their online activity. One partner may be trying to gather evidence that could help them prevail in a divorce. But in at least one case, a woman’s ex-husband was using a GPS device to track her movements long after they had split. Prosecutors couldn’t charge the ex-husband with a crime, as he and his wife had joint ownership of the car.

Lack of Clarity

Employers may legally use digital surveillance to track employees’ online activity, and …

Divorce Decree
Reasons to Modify Your Divorce Decree

Most provisions of a divorce decree cannot be modified; however, either spouse may ask the court to modify orders pertaining to their children, in some situations.

In order to modify child support, visitation, or conservatorship/custody, the petitioner must prove to the court that a “material and substantial” change has occurred since the initial divorce decree. Following are some of the common reasons people modify their divorce decrees.

Physical location

Visitation and conservatorship agreements are, to some extent, based on geography. A visitation agreement created when parents lived in homes 10 miles apart will need to be modified if one parent moves to another city or state. In such cases, some parents are able to work together to arrive at a new agreement and thus file an uncontested Order in Suit to Modify the Parent-Child Relationship. When parents don’t …