coparenting

Texas Court Denies Mother’s Request to Change Children’s Surname

Published on: August 21, 2020 | by Kelly McClure

A parent may want to change a child’s name for a number of reasons. Texas family law allows a court to order the change of a child’s name if doing so is in the child’s best interest. Tex. Fam. Code § 45.004(a). Generally, courts should only order a child’s name change if it is needed for the child’s “substantial welfare.” A mother recently appealed a court’s denial of her petition to change her children’s names from their father’s surname to her maiden name.

The parents divorced in 2011. After allegations the father had abused the son in 2015, the mother had sole possession of both of the minor children. The mother petitioned in 2019 to change the children’s last name to her maiden name. The children agreed to the change, but the father opposed it. He argued they had his name since they were born and that they could change their names on their own when they are adults.

The mother testified she wanted to change the children’s names because she had grown up with her maiden name. She said the children wanted to identify with her family’s name “to feel the closeness of [that] family.” They had been using her name and wanted to legally change their names. She testified that her maiden name is well respected in the area and having that name would be important when the children became involved with the family businesses.

How Will COVID-19 Affect my Possession Schedule?

Published on: March 16, 2020 | by McClure Law Group

As COVID-19 (Coronavirus) becomes more and more ingrained as a daily part of our news cycle, its ability to affect our day-to-day lives continues. As of Monday, March 16, a total of 48 public school districts plus several religious academies across North Texas have elected to extend spring breaks until March 26 or longer. For many parents this begs the question, what do these school closures mean for my possession schedule?

According to the judges in Dallas County, Collin County, Denton County, and Tarrant County, the Standard Possession Schedule should follow the originally published school calendars, meaning there will be no extensions of time periods for parents who have the Spring Vacation possession due solely to recent changes.

As the situation and precautions surrounding this global pandemic continue to evolve, more questions regarding possession schedules and the potential need for additional childcare if schools remain closed will inevitably arise. Disagreements regarding the custody or possession of a child can be stressful and emotionally charged. We recommend consulting with your attorney regarding any questions concerning selecting substitute pick-up or drop-off locations or establishing alternative schedules before making any decisions with your co-parent or ex-spouse.

Parentage in the Modern Era: What to Know When Baby is on the Way and No Wedding Day

Published on: January 16, 2019 | by McClure Law Group

Parenting is hard. Those three words are enough to capture the entire outlook of parenthood from the moment that the sweet child enters the world.

In today’s world, parenting has taken on a number of new issues such as parenting after a divorce, as an unmarried couple; single parenting; and co-parenting. Briefly stated, parenting is hard. According to the National Statistics Unit, in 2016 39.8% of births in the U.S. are by unmarried women. It is important that expecting or current modern parents consult with an attorney who can help guide them through the legal processes of ensuring full legal rights to conservatorship, possession of and access to their child and identifying numerous nuances that are becoming more and more prevalent in this modern era. Parents today face many challenges that older generations never even dreamed about.

Giving Children a Voice in Custody Disputes

Published on: June 8, 2017 | by Kate Mataya

Many people ask: Can my children decide where they want to live in a divorce? There are many ways for a court to consider children’s input about where they want to live.

The first way is simply allowing children to talk to the judge. Section 153.009 of the Texas Family Code allows a parent to request that a judge interview the child in chambers to determine the child’s wishes regarding certain aspects of custody. If a child is over the age of 12, it is mandatory that the judge interview the child on the request of a parent. A judge may also interview a child under age 12. It is important to know that 12-year old children cannot actually decide where they where they want to live. They will not be providing the “final say.” Instead, the child’s wishes will just be one factor that the Court considers in addition to other important information. Another thing to keep in mind is that this process can be traumatic for children. Sitting in a judge’s chambers can be very intimidating for a child, and a child could be negatively impacted by the pressure of such a weighty decision. However, many times, a child’s input can be very important in a child custody dispute, and so there are other means to obtain the information indirectly.

Another way to get a child’s input in child custody litigation is through a Child Custody Evaluation. In Texas, the only mental health professional that may make recommendations as to possession and conservatorship for children is a child custody evaluator. The Texas Family Code provides very detailed requirements for a child custody evaluation, which includes interviews of each parent and anyone living in a house with the child, interviews of the child, and observations of the home environment and each parent’s interactions with the child. The child custody evaluator will therefore be able to talk to children about where they want to live, and will do so in conjunction with a much broader study into the children’s home environment and what will ultimately be in the best interests of the children.

Life After Divorce- Ways to Successfully Coparent After You Split

Published on: April 25, 2016 | by Francesca Blackard

If you’re in the middle of a divorce, it may seem impossible, but it is essential for you to healthily coparent with your spouse/ex-spouse after you split for the sake of the children. Luckily, there have been many celebrities publicly demonstrating this positive behavior such as Gwyneth and Chris Martin, Jennifer and Ben Affleck, and most recently Drew Barrymore and Will Kopelman. In addition, there are people who dedicate their careers to assist divorcees in post-divorce coparenting. Keep in mind, it’s best to start this positive behavior even prior to filing for divorce, but it’s never too late to start. Here are a few resources to help push you in the right direction: