According to statistics from the Texas Department of Family and Protective Services, about 1 percent of children in foster care are adopted. Recently, one Texas teenager was adopted from the foster system, which is something that he never thought would happen. Although the legal process to adopt went smoothly for this child, adoption can create a number of issues for parents in the family law arena.
]]> From the time he was 7 years old, the boy in this story was in foster care as the result of his mother's death. He spent 10 years in foster homes, and didn't think he would be adopted before becoming an adult. Just before he turned 18, the teen was adopted by a couple who had already raised adult children.For many people, adoption is a wonderful opportunity. People who never imagined they would go through the process, find great joy in making an addition to their family. Yet the adoption process isn't free from challenges. Whether parents seek to adopt a child in foster care or through international agencies, a number of legal issues can cause proceedings to come to a grinding halt.
In order to ensure that families can grow through adoption, it may be best to consult with an attorney. Even in cases where difficulties aren't expected, it may still be helpful to make sure the documents are handled carefully and legal challenges don't arise in the future.
Source: The Monitor, "Birthday wish of a lifetime: South Texas youth adopted after decade of waiting," Jacqueline, May 10, 2013
]]>According to reports, the "Gossip Girl" actress has been spending the last several months trying to obtain custody of her children. Last year, both of her young kids were put in the custody of Rutherford's ex-husband. Additionally, the father's visa was revoked, and he was sent back to France with the kids.
]]> Since that initial custody decision was made by a family court judge, Rutherford has spent a lot of time and money trying to resolve the dispute and obtain custody of her children. Much of her money -- including acting income and other investments -- has funded her international travel to see her children and try to negotiate with her father.Under the current arrangement, the children are only scheduled to return to the United States for summer holidays. This element of uncertainty caused one media outlet to call the ruling "one of the worst custody decisions ever." Despite financial struggles, Rutherford hopes that she can modify the current arrangement in a September court hearing.
Sometimes, parents can serve their children best by putting aside their own interests and working to put together an arrangement that truly benefits all parties involved. Consulting with a trustworthy attorney may help put an individual on the path to working out a custody agreement in a civil and thoughtful manner.
Source: Business Insider, "'Gossip Girl' Star Kelly Rutherford On The Brink Of Bankruptcy After Bitter Custody Fight," Aly Weisman, April 30, 2013
]]>In 2005, Texans voted to ban same-sex marriage and similar legal entities with a constitutional amendment. Despite this decision, certain local entities have extended domestic partnership benefits, including the city of Austin and the local school district. Now, these benefits could be in jeopardy.
]]> Sharing benefits id just one among many concerns for same-sex couples living in Texas. Even though couples may share a home and assets, they do not have many of the legal tools available to opposite-sex married couples. Not only does this create complications for couples while they're together, it can also lead to problems if same-sex partners decide to split up.Families in this situation can take some steps to make sure they aren't completely without legal options. One way to do this is by forming a domestic partnership agreement. This legal contract can help split up certain assets and property in the event same-sex couples decide to end their relationship.
One benefit that local government entities may choose to offer that may be impacted by family law are life insurance policies. This is an asset that can be included in a divorce settlement, but the attorney general's most recent ruling may impact such policies benefitting same-sex partners. Knowing this, it may be important for couples with a domestic partnership agreement to see if any forthcoming changes in Austin's benefit policies will impact them.
Source: The Austin Chronicle, "Abbott: Domestic Partner Benefits Unconstitutional," Brandon Austin, April 30, 2013
]]>The reality is that men are not the only wage earners in marriages anymore. In fact, some men stay home to raise children while their wives pursue a career. These changes, of course, have uprooted many traditional assumptions in divorce; namely, women are the only ones who receive custody, child support or alimony.
]]> A recently published study shows that 16 percent of wives earn more than their husbands. While this doesn't represent a majority, it is part of a growing trend. As a result, the way that many couples in Austin approach divorce is also changing.One way that couples with two incomes can make sure that both parties emerge from divorce in a solid financial position is by creating a prenuptial agreement. By making this legal document, both spouses can account for and protect their assets, in addition to avoiding potential financial disputes down the road. This step can also help provide better assurance that both spouses will feel as though they are treated fairly through the property division process.
Of course, a prenuptial agreement will not account for every aspect of divorce, including child custody and support. However, it's a good way for couples to accommodate the realities of living in a dual-income household. By being proactive, married couples can be prepared for whatever the future holds.
Source: Forbes, "Divorcing Women: When You Earn More Than Your Husband," Jeff Landers, April 10, 2013
Our firm has experience handling the complex financial details of divorce. To learn more, please see our Austin divorce page.
Reports surfaced that Fleetwood and his wife, Lynn Frankel Fleetwood, made the decision to file for legal separation. This is an arrangement that serves a similar function to divorce, but is not exactly the same. Through this process, married couples split up their lives in terms of finances, child custody, child support and alimony, but they are still considered to be legally married.
]]> Already, the couple seems to be negotiating certain aspects of their split, including child custody and property division. Namely, Fleetwood seeks full control of his earnings made before marriage and music royalties, which are likely very valuable assets.As far as the former couple's twin daughters, Mick Fleetwood doesn't intend to seek full physical custody, but would like to maintain legal custody. Living as a touring musician would likely make it difficult to maintain a physical custody arrangement. As such, he may seek a visitation schedule that fits the demands of his career.
Divorce may not be the best option for all married couples looking to part ways. In fact, some couples may legally separate before getting divorced, particularly if they think there might be a chance they will reconcile. Through this process, couples can see what life apart is like and then determine if they want to take steps to legally end their marriage.
Source: CBS News, "Mick Fleetwood files for separation from wife," April 9, 2013
To find out more about legal separation, please visit our Austin family law page.
The 38-year-old man in this case maintained separate households with two spouses, neither of whom knew about this arrangement. Eventually, one wife found out about the situation. Although the man could have faced penalties for bigamy, the statute of limitations prevented charges from moving forward.
]]> When the man married his second wife in 2009, he presented a divorce petition that was filed only hours earlier. The divorce was never finalized because the man and his first wife eventually resolved their conflict. As such, the man was married to two people.This story raises an important aspect of family law. It's critical for individuals to ensure their divorce is finalized before moving forward with another marriage. In these kinds of situations, it's possible that a person could inadvertently face criminal charges for bigamy. An experienced family law attorney can help make sure that all aspects of the divorce are finalized to allow both spouses to move forward. The hope is that individuals are able to peaceably dissolve their marriage without running into complications down the road.
Since the bigamy issue came forward, the man and his first wife completed their divorce. Adultery was cited as the reason for divorce. Their recently settled divorce includes provisions for a financial settlement, including child support.
Source: New York Daily News, "Texas man arrested for bigamy, had 2 wives 20 miles apart," Lee Moran, April 9, 2013
Our firm has experience resolving a wide-variety of family law issues. To learn more, please see our Austin family law page.
Beatie identifies as transgender, so he was biologically born a woman, but has undergone gender reassignment. In 2003, he was married and wanted children, but his wife was unable to have kids. As such, he used in-vitro fertilization to have three children. Because his home state doesn't legally recognize his gender transition, he is unable to get divorced.
]]> In the eyes of his state's family laws, Beatie and his wife of nine years are a same-sex couple. Like Texas, the state doesn't recognize their marriage as valid, so they aren't able to get legally divorced. Because of this, the couple may find difficulty securing a child custody arrangement.Depending on how the state determines parental rights, one of the individuals in this couple may not have legal standing to maintain custody or visitation time. If the couple has difficulty settling custody matters by themselves, the situation could become immensely more complicated if it's left up to the courts.
Every family approaches divorce with a unique satiation, so it's important that a settlement -- including child custody -- addresses their needs. Whatever happens, the hope is that the case will be settled in a way that is truly in the best interests of the children and their parents.
Source: Huffington Post, "Pregnant Man: Thomas Beatie Will Appeal Divorce Denial," Jacques Billeaud, April 2, 2013
]]>The first case heard by the high court is a challenge to California's Proposition 8, a voter-approved measure that banned same-sex marriage. One route the justices could take is to assert that all same-sex marriage bans are a violation of the federal Constitution. This, in effect, would cause nationwide bans, including Texas' current law, to become invalid. Not only would this allow same-sex couples to get married throughout the country, but it would create a legal framework for divorce based on state laws.
]]> Beyond state marriage laws, the Supreme Court also heard a challenge to the federal Defense of Marriage Act, a law that prevents same-sex couples from taking advantage of federal benefits even if they are legally married. If this law is struck down, it could open the door to a number of family law issues for legally married same-sex spouses. For example, if a person earns a federal pension, it could become the subject of property division in divorce.The expectation is that no official ruling will be made until June. Until that time, pundits will continue to speculate about what the outcome will be. However, where does that leave Austin residents who have family law questions in the mean time?
Although domestic partnerships agreements are not subject to the same laws as a legal marriage, same-sex couples can establish the arrangement to take care of many of the legal issues addressed in divorce. The hope is that this kind of agreement can settle important questions while ensuring everyone affected by the split is treated fairly.
Source: The New York Times, "How the Court Could Rule on Same-Sex Marriage," Adam Liptak and Alicia Parlapiano, March 23, 2013
When a married couple looks to end their relationship Texas law provides a framework for those individuals to divide property and move forward into the next phase of their lives. The same structure doesn't exist for unmarried couples, even though they have many of the same issues to settle.
]]> Furthermore, studies show that marriage rates are at a low point and many children are being raised by unwed parents. Regardless of a person's reasons whether or not they will get married, they still deserve to end their relationship in a way that is fair and orderly.By consulting with a trustworthy family law attorney, unmarried long-term couples can work through the process of splitting assets and resolving other important aspects of their relationship. Certainly, the process may be more complicated at times, but a mutually beneficial agreement can be reached if both parties work together.
While some issues, such as property division, may not be well defined by family law for unmarried couples, the laws surrounding child custody and support may be a bit clearer. Parents who are not the primary custodian of children often pay child support and can sometimes obtain custody or visitation rights. Despite some more clarity in this respect, making custody and support arrangements can be an emotional and complicated process without the right help.
Source: The New York Observer, "No Divorce Is the New Divorce: Moms and Dads Navigate Messy Breakups in Marriage-less World," Rose Surnow, March 19, 2013
Last fall, Buffington filed for legal separation, which was seen as an attempt to repair her marriage with Quaid. However, it wasn't long before Quaid officially filed divorce to complete the couple's split. Most recently, Quaid purchased a home for his two children and wife to live in. This move comes in addition to his efforts to obtain joint custody of both young kids.
]]> Before the couple finalizes their divorce, they will have a number of questions to answer beyond custody, including spousal support and asset division. Reports indicate that Buffington will be able to live in the newly purchased home with the couple's children until they both turn 18, which is a term of the proposed divorce settlement.Although Quaid and Buffington ultimately opted for divorce, legal separation is a choice that may be an option that may best some couples' needs. When couples believe there is a chance they might get back together, they can separate their assets and property while remaining legally married. In the event they eventually opt for divorce, the process may be made less complicated by the fact that couples have already formally separated. The primary difference, however, is that they are no longer legally married in the eyes of the state.
Source: Daily Mail, "Dennis Quaid buys his wife a multi-million dollar house even though they are getting divorced," Chelsea White, March 2, 2013
Austin residents may have heard that legendary musician George Clinton has filed for divorce from his wife of 22 years. The 71-year-old entertainer's divorce papers stated that the marriage was irretrievably broken.
]]> Clinton has been separated from his wife Stephanie Lynn for a long time. The marriage took place in Toledo, Ohio, in 1990. Clinton had lived in a different home for long enough since the breakup that the couple's relationship was considered a long-term separation.Clinton and his wife have no children. The entertainer did have two kids prior to the marriage, and his daughter is still living, but his son, George Clinton Jr., died of liver cancer two years ago. Although Clinton filed for divorce in Florida, this story may still interest Texans because the laws governing divorce in both states have similarities.
People entering a divorce must consider how the final agreement will affect their futures. It is possible to get caught up in the strong emotions surrounding the end of a marriage and not think about how issues like spousal support affect an entire family. Learning what each individual is entitled to in a divorce can lead to the fairest and most beneficial outcome for all parties involved.
Source: News One, "Funkmeister George Clinton Files For Divorce After 22 Years," Ruth Manuel-Logan, Feb. 26, 2013
]]>An child custody dispute involving a female same-sex couple was resolved on Feb. 22 after a judge recognized the nonbiological mother's bid for parental rights. The two women reportedly arranged for artificial insemination and even signed a co-parenting plan confirming their intention to raise a family jointly with equal obligation.
]]> Once the couple separated, the biological mother restricted her former partner's visitation time with the two girls and eventually relocated to Texas. In an initial county court ruling, the judge awarded joint custody and parenting time to the nonbiological mother, considering the decision to be most beneficial for the children.The biological mother's appeal brought the case before the Kansas Supreme Court. Ironically, the woman's arguments suggested that the state had no jurisdiction over child custody cases, unless they involve traditional marriages. Reports say the court opposed this view, considering the support of two parents to be of more importance than a strictly biological connection. The two children, aged 8 and 10, had formed lifelong bonds with both women, so the court presumably viewed a forced separation as contrary to the children's best interests.
In this case, the judge believed it was lawful to honor the co-parenting plan the couple had previously agreed upon. Families in states with stricter civil union laws may not encounter this level of flexibility and should prepare for any legal obstacles that could affect the well-being of children in the future. Careful research of Texas family laws and legal options for nonbiological parents may help families avoid stressful child custody disputes.
Source: The Kansas City Star, "Kansas Supreme Court upholds lesbian mother's rights," Tony Rizzo, Feb. 22, 2013
]]>As readers in Austin may have heard, same-sex couples with at least one partner in military service have been granted certain military benefits by the Defense Department. A memo issued by the department outlined several rights that have been extended to include same-sex partners.
]]> These benefits include identification cards that provide access to services such as commissaries. However, certain benefits, including healthcare and housing, were not included due to existing federal law. But further important benefits, such as access to base housing, may be added at a later date to the 22 benefits currently being offered to same-sex partners.The Defense Secretary has set a deadline of Oct. 1 for bases to make the benefits outlined in the memo available to same-sex partners of service members. Several unnamed sources within the military have indicated that some of the benefits that have not been extended were affected by the fact that those benefits are specified as being available only to a spouse. That stipulation legally excludes partners in states where gay marriage is not recognized.
The benefits that same-sex partners of military service members can now enjoy include child-care, military aircraft travel and being designated as a domestic partner on new identification cards.
Same-sex couples in Texas still face issues that limit the rights they are able to enjoy. However, it is possible for gay couples to enter into a domestic partnership agreement that can help them protect their legal rights in the event of death, illness or child custody issues.
Source: News Channel 5, "Military benefits extended to same-sex partners," Lolita C. Baldor, Feb. 11, 2013
]]>After years of debate on the issue, the Episcopal Church has decided to offer same-sex couples a blessing through a church ceremony reminiscent of a traditional wedding that includes prayer and the exchange of vows and rings. Despite their similarities, these blessings are not the same as a marriage from either a legal or religious point of view, as many Christian denominations still look at marriage as a sacrament that can only be bestowed upon a traditional man-and-woman couple.
]]> The decision was made final at the church's national convention in July 2012, and it was made possible by several years of work on the part of one of the church's bishops and a former politician. This decision makes the Episcopal Church the largest religious denomination in the country to officially recognize same-sex relationships.St. David's has roughly 2,500 parishioners, many of whom are lesbian or gay. While they don't currently have any blessings on the schedule, if they do go ahead as planned next month, they will make history as the state's first Episcopal Church to bless same-sex couples.
While the church's recognition of same-sex unions is a giant step toward loving one's neighbor, it does not give any more legal rights to these couples. If death, illness or simply a same-sex separation should occur, it can be a devastating loss, especially when trying to sort out property division or child custody issues. Even those who participate in a blessing ceremony should understand what legal avenues they have to protect their families and assets in case the worst should happen.
Source: Hilltop Views, "Austin Episcopal church to offer first same-sex blessing in Texas," Kelsey Acosta, Feb. 5, 2013
]]>Between June and November of 2011, four men found that they were married to the same woman. The men claim that the 32-year-old Texas woman, alleged to be a bigamist, has caused major problems in their lives. One of the men said he believed she simply moved from man to man for financial gain.
]]> A news channel interviewed the woman in June 2012. During the interview, she stated that she knew she was committing bigamy and that she suffered from memory problems due to an existing medical condition. She went on to say that she had never taken anything from the men illegally and that she had followed the law by filing for divorce from all four of the men. The woman insisted that she had walked away from two of the marriages due to abuse.The police apprehended her on charges of bigamy on Nov. 15, 2012, but she was released the same day. According to authorities, she was supposed to appear in court on Jan. 28 but failed to do so, and as a result, a warrant for her arrest was issued by the court.
Divorce is difficult enough when the facts of the case are clear, but it can be extremely complicated when the marriage itself is in question. Those who are facing unusual circumstances at the end of a marriage should do their homework and gain a good understanding of the law so that they can protect themselves and their assets.
Source: KLTV 7, "Warrant issued for East Texas woman charged with bigamy," Marshall Stephens, Jan. 30, 2013
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