June 2016 Archives

Surprising Things You Might Gain in a Divorce

Like a phoenix rises from the ashes, so will you after a divorce. There's no timetable to the process of a divorce. And it is a process, from the start... I'm thinking about getting a divorce...until all the dust has settled and you are on your way to complete healing. Along this journey you might unveil some surprising facts about yourself: You Can Put Yourself first. For however long you were married you were probably putting someone else first. Part of marriage is looking after others. Whether it was your husband, wife or children, you were always making sure someone else was happy. So much so, you might have forgotten about yourself along the way. Being on you own, you get to make your own decisions and put yourself first for a change. Now instead of just giving emotional support and encouragement to others, you can make sure you are doing that for yourself too. You can make more decisions based on your own needs and wants and that can be very empowering. Want to go to the gym instead of pick up the dry cleaning? What about going for a swim and relax? Go for it! You Don't Always Have to Compromise. Almost everything about being married is a compromise. From, "Do you want Chinese or Mexican for dinner?" To, "Which movie are we going to see?" Marriage involves constant compromise from both sides. If a marriage isn't going well, one side may feel they are the one always compromising. After a divorce you are giving the reins to make all of your decisions. At first this can be overwhelming but once you get used to it you will love exercising your new right. Which leads to the next benefit... You Can Be Independent. You might have always relied on someone else to help you with the cooking, changing the light bulbs, taking the car to the shop, etc. Getting a divorce can cause you to become more self-reliant. You might learn things you never thought you could before the divorce. Or you might realize you had the power to do those tasks all along and forgot about it along the way. Though you may experience growing pains in the process in the end self-sufficiency is empowering. You Are In Charge of your Happiness & Peace. At some point it is important to realize that nobody else can make you happy but you. When you are happy with yourself, life is brighter. Chances are if you or your spouse was seeking a divorce you were in some sort of conflict. Now that part is over, so you can have some peace and carve out some happiness. You can choose to look at the bed as half empty or spacious enough for you sprawl and take up the whole thing. Thinking about getting a divorce in North Texas? The Puhl Law Group, PC specializes in family law including divorces, custody, modifications, support issues and estate planning services provided by a Board Certified attorney. Call today for an appointment.

Relocation Litigation- Can a Parent Move Away with the Kids?

Custody Relocation Litigation in Texas

Say you get a once-in-a-lifetime job offer that would be an incredible opportunity for you and your family. You take it, right? But what if that job happens to be in another state other than Texas and you have custody or joint custody of your kids in Texas? Your ex-spouse has no plans on moving. What do you do? What can you do? Custody relocation litigation is not always clear cut, and you may need to get the courts involved. First of all, a Texas court cannot stop you from moving. The court can only prevent you from moving your kids with you. It is a complicated matter and can often be more contentious than your original custody battle. According to Texas Family Code, the parent who is sole managing conservator has the right and duty to designate the primary residence of a child. When the divorce decree was created, the two parties had to agree, or the court decided if there is a geographical restriction on that right. In the absence of a geographic restriction a parent may relocate to a new home with the kids without court approval.  That's not to say the other party has no rights. They can petition for a modification to impose a geographic restriction or try to change the original custody agreement. After a divorce, many people move to be closer to family, because of a new spouse, or for a new job. It is not uncommon. If you desire to relocate with your children and your ex-spouse opposes it, the court will balance your right to live wherever you desire with the right of the other parent to maintain a continuous and uninterrupted relationship with the child.  Accordingly, the necessity for the move together with your motivation for doing so is an essential factor in the court's decision whether to allow the children to relocate with you.  You must also show that it is in the best interest of the kids that the move be allowed. If the court believes the motivation is vindictive or frivolous, the court will not allow the relocation. Some facts to explore when trying to convince the court if a move is good might be: Does the move present a better life for the children? Are there advantages to the new location?   Are educational opportunities better in the newly desired location? Is family close by to offer a support network?  What are the child's feelings about the move? What is the current relationship with the child and non-custodial parent? How involved is the child with the non-custodial parent? The Courts and Relocation Litigation The court's responsibility is to balance a parent's desire to move to create a better life for the child with the non-relocating parent's need to continue to have a healthy relationship with their child(ren). Family law judges often say it is one the hardest legal decisions they have to make. If the court should allow the parent and child to move, it is important to try to continue to keep the relationship between the non-custodial parent and child strong. Communications have advanced so much, and there are many great ways to keep in touch regularly including Facetime, Skype, and texting. It is also a good idea to work out visiting arrangements that are fair. You want the non-moving parent to be able to continue the relationship with the child even though it might not be face-to-face as often or the same way it used to be. For questions on custody relocation litigation laws, please contact us for a free consultation at Puhl Law Group, P.C.

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