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Unfortunately, when a marriage begins to get rocky, couples may be concerned over their rights concerning their children. In some situations the mother or father may elect to leave their spouse, taking their children with them. When this decisions takes the children across state lines, however, there are actions that that the other spouse can take in order to protect their parental rights.
When a court is involved in deciding child custody and visitation arrangements, one of the most influential factors is the current residence of the children. Under the terms of the Uniform Child-Custody Jurisdiction and Enforcement Act, this is determined by where they have lived the past 6 months. This means that if the children are relocated to another state for 6 months, the actions of the remaining spouse may become quite limited. Before this period is complete, however, a Suit Affecting the Parent-Child Relationship (SAPCR) or a divorce may be filed. This essentially petitions the court to temporarily keep the children from moving out of state until the question of their relocation has been decided in court.
Once filed to be decided by a judge, the court will examine several factors to decide whether the spouse will be able to move out of state with the children. These include the children’s current relationship with the parent remaining in-state and the other parent’s reason for moving out of state. Although Texas previously had a reputation for limiting out-of-state moves, these have been granted more frequently over the last decade. The rulings can vary widely between each County, however, so the guidance of an experienced attorney within your County can be quite valuable if you are pursuing this type of concern. Of course, certain situations, such as those involving abuse or an emergency can have an impact on the situation.
Even after a couple has been separated for a long period of time, if one of the parents should decide to move out of state, they will be required to notify the other parent, in case he or she elects to pursue a court order to stop or delay the move. Certain child custody arrangements may already include certain provisions regarding an area in which each parent must live. It’s important to understand all of the terms of your child custody arrangement, and if you are uncertain about any aspect, consulting your attorney can quickly answer your specific questions.
According to Mothers Against Drunk Driving (MADD), nearly 100,000 individuals were arrested on DUI charges in Texas in 2013. Also referred to as DWI, a charge of driving while intoxicated carries steep penalties. These consequences vary by state, but Texas law outlines that offenders face the possibility of jail time, heavy fines, and a suspension of their driving privileges.
In conjunction with National laws, a driver’s level of intoxication is established through a measurement of their blood alcohol content (BAC). By analyzing a breath, blood, or urine sample, law enforcement can record BAC levels. For most drivers over 21, a BAC above .08 is grounds for an arrest and charge for DUI, while commercial drivers can only have a BAC below .04 and drivers under 21 cannot have any detectable level of intoxication while behind the wheel.
Navigating through a divorce is an emotionally and financially challenging experience—especially when children are involved. Whether you are striving for primary custody or simply wanting to retain collective property as yours, our simple, three-step guide will point the way to building a strong case that grants you what you’re asking for.
Step One: Be Sure To Document Everything
Even if everyone you know is ‘on your side’ with the divorce, it’s quite another thing to ensure the law will be on your side. For example, if you’ve filed divorce from your spouse who has had a chemical dependency issues for years and you’re asking to be compensated with alimony and child support payments, you’ll need to provide a history of this behavior.
Has your spouse threatened the safety of you or your children? Has their dependency prevented them from achieving steady work and paychecks to support your family? Documentation is so important because it’s a factual paper trail to proving your point, and providing evidence for the legal and financial damages you’re asking for.
Document your spouse’s history with dates, detailed facts and outcome. This can include any proof of their history, such as: verbal abuse, physical abuse, difficulty holding onto a job, or in any other way, difficulty providing for your children.
Step Two: Take The (Digital) High Road
As with any case (especially one in which you’re seeking custody of your children), taking the high road is essential. Remove any social media posts which reflect negatively on you. Every time you post something (a picture, an update, etc.) ask yourself: “Would I be ok with this being brought up in my hearing?”
If it’s not (or even if it’s questionable), don’t post it. If you’re seeking primary custody, represent yourself as a responsible, loving parent. If you’re without children, use your online presence to reflect the kind of person you are—honest and well-meaning.
Step Three: Cooperate During Your Divorce Mediation
In the state of Texas, married couples seeking divorce will first attempt to come to terms through meditation before going to court. This is for the benefit of everyone: less time and energy spent, requires less money spent for both parties.
The attorneys at Foster Law Firm will work diligently (with over four decades of divorce attorney experience) to clarify confusing topics, protect your assets and most of all, advocate for your best interest.
Increase your opportunity to have a successful meditation session by keeping your emotions ‘in check’. Communicate positive body language by nodding in agreement with the options and issues discussed by your divorce attorney and your spouse’s attorney. Remain composed (you can express any frustration later, when it won’t be used against you!)
Lastly, remember: your divorce attorney is there as your advocate and legal professional. Their job is to do everything in their power to make sure you get what you deserve. Together, you can become a very powerful team throughout the legal process.
Finding the Right Sugar Land Divorce Attorney For Your Case
Navigating the legal waters of divorce can be overwhelming, and complicated. Without the right divorce lawyer by your side (as both a legal counsel and advocate), you may find yourself facing an uphill battle. Foster Law Firm can help you strengthen your case and act not only as your legal representative, but your advocate as well. Contact us today for a free consultation.
A basic will outlines where your assets go, but it leaves significant gaps. You deserve a plan that accounts for your health, finances, and long‑term family needs. Modern estate planning creates a structure that protects you in real time
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Why a will leaves important issues unresolved
A will directs what happens after your death, but it does not guide anyone if you lose the ability to make decisions. It offers no authority for someone to manage your medical care or financial responsibilities during a period of incapacity. Your estate also moves through probate when you rely only on a will, which adds delays and exposes personal information through a public court process.
A will also distributes assets in a single step. Many families want more thoughtful management, especially when they have young children, blended households, or property that needs ongoing oversight.
Why powers of attorney matter for every adult
A power of attorney authorizes a trusted person to handle financial matters if you cannot act for yourself. Without it, your family may need to request court involvement to access accounts, pay bills, or manage basic responsibilities. That creates unnecessary stress and delays.
A financial power of attorney makes everyday decisions manageable by assigning clear authority. You stay in control because you choose who steps in when needed.
How advance directives protect your medical choices
An advance directive records your medical treatment preferences and names someone to speak for you when you cannot. These directives remove uncertainty during high‑pressure situations.
Clear instructions help your healthcare providers act on your wishes and reduce conflict among loved ones. You guide the care you receive through written choices.
Estate planning is essential for everyone, but it becomes even more important for blended families. With children from previous marriages, stepchildren, and new spouses involved, estate planning becomes more complicated. To ensure everything goes according to plan, you need to take a few extra steps and carefully consider how you structure your estate.
Understand how your assets are divided
In blended families, dividing assets can become tricky. You must specify exactly who will receive what after you pass away. Without a clear will or trust, your property might end up with the wrong person, or stepchildren may be excluded unintentionally. A carefully written will ensures that your assets are divided as you intend and helps prevent family disputes or confusion over inheritance. If you live in Texas, which is a community property state, you can only give away what is yours. When you die, your community property is cut in half and half goes to the surviving spouse and the other half to your estate. All property is presumed to be community property unless proven to be separate. Which means you had it before marriage, received by gift or inheritance. These are the primary ways to establish something is Separate. Your will can give away your half of the community and all of your separate property. Some Separate property may also be given to the surviving spouse for their life.
Communicate with family members
Open and honest communication helps prevent confusion and conflicts. Speak with your children, stepchildren, and spouse about your estate planning decisions. Transparency can set clear expectations and help resolve potential issues before they occur. Everyone involved should understand who will inherit what and why, which can go a long way in avoiding hurt feelings or surprises later on.
Create a trust for more control
A trust gives you more flexibility and control over how to distribute your assets. This option works well for blended families, as it allows you to provide for your children while ensuring your spouse is also taken care of. You can set up trusts with specific instructions, ensuring that each family member receives exactly what you want them to have at the appropriate time. Trusts can also protect assets from legal challenges or tax burdens.
Prioritize estate planning to protect your legacy and your loved ones. While the process may seem overwhelming, taking proactive steps now can prevent headaches later and provide peace of mind for everyone involved.