TEXAS LEGAL INFORMATION BLOG – Bob Leonard Law Group, PLLC

Happy Earth Day from Fort Worth Lawyer

Wed, 22 Apr 2026 14:11:47 GMT

HAPPY EARTH DAY 2026 FROM FORT WORTH FAMILY LAW AND PROBATE LAWYER BOB LEONARD

Happy Earth Day from our Bob Leonard Law Group team. For over ten years our team has made it a priority to seek ways to reducing carbon emissions, conserving resources, and promoting sustainability when possible. Unfortunately the legal process and systems haven't fully caught up to the advances available to us. However our office does our best to represent our Tarrant and Parker county clients with eco-friendly options.

Below are a few eco-friendly things we do in our office to reducing carbon emissions, conserving resources, and promoting sustainability all year long.

If you are seeking help with a high-asset divorce, simple divorce, child custody, adoption, probate planning or guardianship management our team at Bob Leonard Law Group are here to help clients in Tarrant and Parker counties.

Contact our Fort Worth team in an eco-friendly way today and we can help begin your case or advise you on next steps.

Below are some eco friendly ways to contact us.

Call us | 817-336-8500

Email | info@bobleonardlawgroup.com

If you are in downtown Fort Worth, you may also visit our office to make an appointment at 101 Summit Avenue #404.

HOW QUANTUM SCIENCE AND TECHNOLOGIES IMPROVED THE LEGAL PROCESS

Tue, 14 Apr 2026 16:28:51 GMT

QUANTUM PHYSICS AND LAWYERS?

We wanted to list a few ways we benefit from quantum science and technologies on a daily basis in our Family and Probate Law office.

Cryptographic Security: As quantum technology threatens existing encryption for all fields, it forces the legal sector to adopt, advise on, and secure communications using new post-quantum cryptographic standards. Encryption like this will help bring laws up to date with the quickly advancing technology field and protect our clients data in a quicker and more secure way.

Enhanced Predictive Analytics: Quantum machine learning can better model behavior and predict litigation outcomes, aiding earlier settlements and reducing litigation costs. This will help clients as much as it helps lawyers because cases can be processed faster resulting in more clients and more importantly, satisfied clients.

Advanced Data Analysis & Discovery: Quantum algorithms can handle millions of documents during discovery far faster than our classical computers, identifying hidden connections in complex litigation. This could help Bob and lawyers everywhere prepare better for court proceedings during the litigation process and discovery process.

"Spring Divorce Spikes"

Thu, 02 Apr 2026 19:39:43 GMT

"Spring Divorce Spikes"

We discussed in our last blog that we see a spike in divorce filing rates in the DWF area during the month of March but it doesn't stop there. We see a a full spring spike in divorce filings all spring season long. Research from the University of Washington also showed that divorce filings peak in early spring March-April. As we are at the start of April, we're right in the middle of the spring divorce spike.

Let's dive into a few reasons behind this "spring divorce spike".

For any type of divorce case, from a simple, uncontested divorce , to a highly contested asset and property division you want an experienced, highly-qualified, successful and accessible attorney. Whether it is a fierce divorce child custody battle or an appeal of a court ruling in a divorce, Fort Worth Divorce Lawyer Bob Leonard stands ready to assist you from start to finish.

March Divorce Spikes

Fri, 20 Mar 2026 21:35:04 GMT

Why do we notice a spike in divorces during March?

Divorce filings frequently spike in March due to a " seasonal, biannual pattern " following the winter holiday season. This surge is often driven by disillusionment after holidays fail to mend relationships, the conclusion of the new year "honeymoon" phase, financial motivations (post-tax season), and warmer weather providing increased energy for life changes. We have also noticed couples with children involved tend to file more in March than couples without children.

We have gathered three top reasons we find our Fort Worth clients site as reason to file for divorce this March.

Clear Communication During Divorce and After

Thu, 05 Feb 2026 17:20:10 GMT

Clear Communication During Divorce and After

It's crucial to have clear communication with your ex-partner during divorce. If you have children, it's even more important to communicate with your ex after divorce to be an effective co-parent.

We know clear communication with your ex-partner may not always be comfortable or easy, but it can create a secure environment to more forward.

The main goal is to stay focused on the children and their well-being. When you are both able to stay focused on the children, communication becomes less about your past relationship issues and more about creating stability for the future for you all.

What is the "BIFF" method?

If you are having a particularly difficult time communicating clearly, it may help you to remember the "BIFF" method to minimize conflict. Brief, Informative, Friendly, Firm

If you’re finding communication difficult or you’re unsure how to start a clear communication path forward, our team is here to help you.

Family Law Trends and News in Texas | 2026

Tue, 20 Jan 2026 21:35:55 GMT

New Family Law Trends and News in Texas | 2026

What's new in Family Law news?

Buckle up and get prepared Texas families for Family Law updates on that strengthen enforcement, protect parents, expand support, and streamline court processes. There are some new Texas Family Law trends, largely effective September 1, 2025, which focus on tighter restrictions for non-parent custody filings (like stepparents), stronger visitation enforcement (the " Three Strikes " law), expanded non-custodial parent time, higher child support income caps, and integrating protective orders into divorce cases. These new rules are intending to reinforce biological ties and parental rights while streamlining domestic violence protections.

These new trends, laws and orders will mostly effect divorced parents with children, families across Fort Worth families and those across Texas.

Fit Parent PresumptioN

The Fit Parent Presumption is a legal principle, strongly used in Fort Worth, Texas Family Law, that presumes a fit parent acts in their child's best interest, making it very difficult for non-parents (like grandparents or stepparents) to gain custody or visitation against the parent's wishes. To overcome this, a non-parent must provide clear, convincing evidence that denying them access would cause significant harm or that the parent is unfit, shifting the burden of proof onto the challenger. This legal standard upholds parental rights, rooted in constitutional protections recognized by the U.S. Supreme Court.

Increased Child Support Cap

Texas significantly increased its child support cap from $9,200 to $11,700 in monthly net resources , effective September 1, 2025, impacting new orders and modifications by raising potential support for higher earners due to inflation, though existing orders aren't automatically changed. This update reflects regular reviews mandated by law and applies the standard percentages (like 20% for one child) to this higher income limit, potentially increasing payments for parents earning above the old cap. This will mean that Fort Worth families will need to adjust their budget to fit the new agreements. Our attorney can help determine what is the best for your child custody support plan for your child custody case.

Child Decision-Making

Judges are now able to give one parent sole control over school-related decisions in high-conflict cases, addressing intractable disagreements, according to this article. In Texas, children's input is considered in custody cases, especially for those 12 and older, but judges ultimately decide based on the "best interest of the child," evaluating factors like safety, stability, emotional needs, and parental involvement, not solely the child's preference, with a goal of fostering cooperation and maintaining a stable environment. While children can't legally "choose" a parent until 18 (or emancipation), their mature opinions carry weight, but courts focus on practical support and well-being, and parents should avoid pressuring them.

Visitation Enforcement (SB 1936)

The Expanded possession orders aim to give non-custodial parents more time, while a new "Three Strikes" rule imposes penalties for repeated denial of court-ordered visitation.

The Texas SB 1936, enacted in 2021, significantly impacts visitation enforcement by strengthening noncustodial parents' rights to request expanded standard possession orders (ESPO), making it easier to get more consistent pare nting time, including midweek overnights, and providing stronger legal standing for enforcement actions if orders are violated, with penalties like makeup time or contempt . The law clarifies that parents must strictly follow the court-ordered pick-up times and locations to prove a violation, allowing for motions to enforce, which can result in makeup visits, fines, or jail time for the non-complying parent.

If you need help with your divorce or child custody case in Fort Worth, Aledo, Weatherford, Springtown, Azle, Hurst or other areas in the Metroplex, contact our team now.

January | Divorce Month

Thu, 15 Jan 2026 14:44:26 GMT

Why is January "Divorce Month"?

Is January still considered "Divorce Month"?

Yes, as of early 2026, experts confirm that while January remains one of the busiest months for people seeking a divorce.

Why has January earned the nickname "Divorce Month"?

Our team has found that every case is unique and the reasons for divorce are always complicated for each couple. However, the reasons behind a spike in divorce filings in January have remains relatively simple and consistent.

The following are common reasons for couples to seek divorce in January specifically.

- New Year Resolutions: Everyone is making New Year Resolutions at the beginning of the year. The start of a new year often serves as a catalyst for individuals seeking a fresh start. For example: finally acting on long-standing marital discontent by filing for divorce.

- Financial Concerns: Our clients have often sited they were waiting until January 1st to file for divorce to ensure their tax status for the previous year remains "married". Waiting until January allows couples to file one last joint tax return, potentially for more favorable tax benefits, and provides clearer financial data (like year-end bonuses) for asset division.

- The "Holiday Effect": We have read and experienced first-hand the "Holiday Effect" with many couples. The unhappy couples often delay separation or divorce during November and December to avoid disrupting family celebrations or "ruining" the holidays for their children. Filing in January allows children to settle back into school routines after the break, making it easier to establish new custody schedules before summer. Then, when January hits and the kids are back in school they feel there is a window to file for divorce.

- Holiday Quiet Time: Sometimes the end of holiday distractions provides quiet time for honest self-assessment and a resolution to change. The holidays often act as the "last straw" or confirm that the marriage isn't working, pushing people to take action once the season ends.

For some, especially those in abusive situations, the holidays confirm the need to leave, leading to January filings.

Lawyers also have more availability after the holidays, and the post-deadline work period gives individuals mental space for important legal decisions.

As we said, every case is unique and the reasons for divorce are always complicated for each couple. No matter why you are seeking a divorce this January, our team is here to help you begin the process and see it through to the end.

Local Family Lawyer’s Favorite Fort Worth Cheeseburger Spots

Thu, 18 Sep 2025 21:52:41 GMT

Local Family Lawyer’s Favorite Fort Worth Cheeseburger Spots

WARNING POST MAY CAUSE HUNGER:

If you ask our lead attorney Bob Leonard to get lunch with you, its more than likely you will end up at a great cheeseburger spot. As a Fort Worth born and raised local foodie, Bob has tried burgers all around town.

If you are hungry tonight, swing by one of these amazing cheeseburger spots approved by longtime local, attorney Bob Leonard.

Below is a list of Bob's top 5 favorite burger places in Fort Worth.

28 Family Law Terms to Know From Board Certified Family Lawyer

Fri, 12 Sep 2025 23:00:42 GMT

28 Family Law Terms TO Know from a board certified Family lawyer

Our team has helped put together a list of important Family Law terms for our clients and potential clients to know. When our clients begin a case, we know it can be overwhelming to hear all the legal jargon. This law grid full of Family Law, Divorce, Child Custody and Guardianship terms should serve as a quick cheat sheet while navigating your case.

Our Board Certified Family Law attorney was born and raised in Fort Worth and now he proudly helps the community by serving as one of the top attorneys in the city for divorce, adoption, guardianship and probate law.

With more than triple the required number of hours of continuing legal education each year, Fort Worth Divorce Lawyer Bob Leonard knows the law. In addition, as a Board Certified Attorney in Family Law , he is one of a very small number of extremely knowledgeable and skilled divorce lawyers. Most important, he requires the same level of commitment to excellence and education from the entire legal team.

CHILD CUSTODY SUMMER VISITATION INFORMATION 2025

Sun, 06 Apr 2025 13:55:41 GMT

SUMMER BREAK CHILD CUSTODY VISITATION & INFORMATION 2025

Did you know t he standard possession order in Texas usually allows the non-custodial parent more extended time with the children during summer, often up to 30 days?

Summer season should be a time filled with joyful memories and family. However, for divorced or separated parents, summer can bring child custody challenges. We help our clients work through child custody difficulties and challenges all summer long.

Our team has been helping parents manage child custody schedules and agreements for years. In that time, we have found some consistent tips and answers to help you manage your child custody schedule in the best interest of the kids.

One of the most important things to remember when dealing with your child custody schedule is; parenting shouldn't be a competition or comparison. You don't have to count days or hours to assure that each parent gets equal time or a certain percentage. The only test should be what is in the best interest of the child.

How do you know how many days you have with your child during summer vacation?

First, review your custody agreement and if there is nothing specific about summer visitation, you must then follow the Standard Possession Order (SPO), which you should have received at the conclusion of your family law matter.

The SPO is a guide that establishes visitation. The language can be found in Texas Family Code Sections 153.312 and 153.313 . For your convenience, here’s a 2024 SPO calendar , which we recommend printing out so you can refer to it easily.

how does child custody work in Texas?

For many, if not most parents, it is easier to use the standard schedule that comes from the Texas Family Code . It provides precise times and dates for possession of our child or children. If you have a standard possession order, for example, one parent will have the child from the end of school before December 24th- 8th and the other parent will have the child from the 28th until just before school starts. The following year, the parents will switch places. Depending on the calendar that year, each parent will have different times with the child, but it should even out over time.

Some parents, however, are able to work together to make changes that accommodate the needs of the parent or the best interest of the child. For example, one parent might be planning a holiday trip that is inconsistent with the standard schedule. In that case, cooperative parents can adjust their schedule.

There are two ways that this can happen. If the parents are able to communicate and cooperate during the proceedings, then it is possible to put the non-standard schedule in your order. If you cannot agree, then the judge is likely to fall back on the standard order in the Code.

After the order is entered, you can still deviate from it with the agreement of both parents. Something might make sense this year, but not be a permanent situation. Your order probably says that you can have possession as you can agree. Be sure to document the agreement (emails are okay) so that you are not in violation of the court order. Also, make sure that you agree to the same thing. If you exchange emails and one person says that the possession will end on certain day and the other person says a different day, then there is no agreement.

Below we have laid out some child custody options for parents to consider.

WHat are Double Holidays?

Recently, doubling holidays has become a popular holiday parenting plan. The children get to celebrate the holidays twice – once with each parent. Both parents get to feel like they had the holiday experience with their children. One parent may choose to celebrate Christmas on the 25th every year. The other parent may choose to celebrate Christmas on the 29th every year.

What are Split Holidays?

Parents who live close by may wish to split the holidays. This allows each parent to spend a portion of each holiday with their children. This is especially popular with parents who have a healthy co-parenting relationship. One parent may get the children for Thanksgiving morning. The other parent may get the children for the second half of Thanksgiving day. This requires both parents to be more flexible and agreeable to work.

Any schedule that is good for everybody concerned is acceptable.

What days should you include in your schedule for the summer visitation consideration?

Common holidays to include in your holiday schedule are:

N ew Year's Day —Jan 1st
Martin Luther King Jr. Day —3rd Monday in Jan
Lincoln's Birthday —Feb 12th
Presidents Day —3rd Monday in Feb
Easter
Spring Break
Mother's Day—2nd Sunday in May
Memorial Day —last Monday in May
Father's Day—2nd Sunday in June
Independence Day —July 4th
Labor Day —1st Monday in Sept

REMEMBER: parenting shouldn't be a competition or comparison.

If you or someone you know is going through a divorce with children involved, our experienced attorneys are here to help you. Contact us for help with your child custody or divorce today.

If you have not found the information you are looking for try a "child custody" search in our Family law blo g or call Bob Leonard law group and speak with a child custody lawyer .

Important Divorce Terms to Understand

Mon, 13 Jan 2025 20:53:40 GMT

Important Divorce Terms to Understand

Getting a divorce can be a lot to wrap your head around and when you get into the legal jargon, it can get become more frustrating if you don't understand the legal terms.

We have created a list of terms that we have found are important for our clients facing a divorce.

Agreed Divorce

According to TexasLawHelp.org, a divorce is "agreed" if "if you and your spouse agree about all the issues (including custody, visitation and child support) and are both willing to sign the divorce forms."

No-fault divorce

A divorce where neither spouse is required to prove that the other spouse did something wrong.

Uncontested Divorce

An uncontested divorce can mean either an agreed divorce or a default divorce. In an uncontested divorce, there are no disagreements about what the parties want to happen. Uncontested divorces are usually much simpler and faster than contested divorces.

Community Property (Nolo)

Texas is a "community property" state. This means that in most cases, property and money obtained during the marriage legally belongs to both spouses. This concept is important when it comes to the part of the divorce when property is divided up.

Default Divorce

A default divorce is when one party fails to respond to the divorce petition.

Alimony

Financial support paid by one spouse to the other during or after a divorce.

Dissolution of Marriage

Texas law uses the term "dissolution" to include divorce or annulment.

Petitioner

The petitioner is the person who starts the divorce process. They are the one who filed the petition for divorce with the court.

Pro Se

"Pro se" is a term used by the courts to refer to someone who has not hired an attorney and is representing themselves.

Respondent

The respondent is the spouse who was not the one to file the suit for a divorce. They can file an answer, a counter-petition, or do nothing when served with divorce papers.

Service or Service of Process

Service is the formal act of notifying someone that a lawsuit has been filed against them.

First Directions Appointment

The first court appointment in financial proceedings.

Ancillary Relief

Additional help requested beyond a judgment of divorce, such as maintenance payments, child support, or division of property.

A Lawyer's 12 Days of Christmas

Thu, 12 Dec 2024 22:44:53 GMT

BOB LEONARD'S - A Lawyer's 12 Days of Christmas

The Marvelous Mallick Tower

Tue, 03 Sep 2024 18:30:32 GMT

HISTORY OF MALLICK TOWER

2000 TORNADO

A DOG OF A CASE: PETS IN DIVORCE

Mon, 26 Aug 2024 17:10:40 GMT

A DOG OF A CASE: PETS IN DIVORCE

THIS CASE IS A REAL DOG!

Let's talk about the pets' side of divorce.

Many families going through a divorce are pet owners. As an attorney, I’ve noticed that divorce cases where there are issues involving pets are usually some of the more painful cases that I have. Nevertheless, these issues must be resolved just like all other issues. It doesn’t always have to be that way.

Specific court issues – The pet as “child”

Protective Orders

Estate planning

Conclusion

Pets can sometimes be an important part of your legal circumstances. You should consider them in numerous situations such as divorce or estate planning.

When it comes to pets and divorce, the court will typically treat pets as property and consider the following factors:

Ownership

The court will determine if the pet is separate property, belonging to one spouse, or marital property, belonging to both spouses. Pets purchased or adopted before the marriage are usually considered separate property.

Care

The court will consider who spends the most time with the pet or who takes care of it primarily. Evidence of care could include paid vet bills, pictures, or videos.

Best interests of the child

If there are children involved, the court may consider the pet's custody in relation to the children's custody. For example, the pet may follow the children's custody schedule.

Pet's well-being

The court may consider the pet's well-being and order the spouses to share time with the pet.

Qualities of a Great Trial Lawyer

Fri, 23 Aug 2024 18:40:53 GMT

TOP QUALITIES TO LOOK FOR IN A GREAT TRIAL LAWYER

KNOWLEDGE

First and foremost, a great trial lawyer must have an excellent understanding of the relationship between the law and their business and know how to apply this knowledge to develop the best conclusion.

Communication skills

Lawyers need to be good listeners, articulate speakers, and strong writers. Public speaking skills are especially important for trial lawyers because litigation can make or break a case. Communication skills are important for Family Law attorneys because they help convey their thoughts, ideas, and emotions accurately and effectively with families during some of the most sensitive moments in their life.

Analytical skills

Trial lawyers need to be able to analyze large amounts of data, including discovery, legal documents and witness statements. Attorneys need to use their analytical skills in and out of court every day to manage clients and schedules.

Experience

S ome things just take time. Every case teaches lawyers more than they knew before. An experienced trial lawyer is a legal professional who has a lot of knowledge and experience in legal matters. They should be professional and courteous, and they have a reputation to protect.

Judgment

Lawyers need to display sound judgment, as their clients often rely on their advice. A great trial lawyer can form an opinion or evaluation by discerning and comparing all of the evidence and weigh all aspects against the bigger picture.

Confidence

Confidence can make a great lawyer appear more qualified, and clients may be more likely to trust them. This can be a very powerful quality when litigating in court.

Creativity

Creativity is a key to being a successful lawyer. A large part of the job involves problem-solving, abstract thought, analysis, and creative consideration to come up with new solutions to resolve existing problems. Attorneys often have to work with what they are given and it isn't always ideal. A great lawyer can use creativity to think outside the box and make anything work for their client.

CHILD CUSTODY SUMMER VISITATION INFORMATION 2024

Tue, 18 Jun 2024 16:19:26 GMT

CHILD CUSTODY SUMMER VISITATION INFORMATION 2024

Summer can be a time filled with joyful memories and family. However, for divorced or separated parents, summer can bring child custody challenges. We help our clients work through child custody difficulties and challenges all summer long.

How do you know how many days you have with your child during summer vacation?

What days should you include in your schedule for the summer visitation consideration?

Common holidays to include in your holiday schedule are:

N ew Year's Day —Jan 1st
Martin Luther King Jr. Day —3rd Monday in Jan
Lincoln's Birthday —Feb 12th
Presidents Day —3rd Monday in Feb
Easter
Spring Break
Mother's Day—2nd Sunday in May
Memorial Day —last Monday in May
Father's Day—2nd Sunday in June
Independence Day —July 4th
Labor Day —1st Monday in Sept

how does child custody work in Texas?

Below we have laid out some child custody options for parents to consider.

WHat are Double Holidays?

What are Split Holidays?

Any schedule that is good for everybody concerned is acceptable.

REMEMBER: parenting shouldn't be a competition or comparison.

If you or someone you know is going through a divorce with children involved, our experienced attorneys are here to help you. Contact us for help with your child custody or divorce today.

If you have not found the information you are looking for try a "child custody" search in our Family law blo g or call Bob Leonard law group and speak with a child custody lawyer .

BLLG & BBB

Thu, 25 Apr 2024 23:48:52 GMT

BLLG and BBB

Bob Leonard Law Group, PLLC

BBB Rating: A+

Our business is a local, family-owned Family Law and Probate Law is Fort Worth, Texas started by attorney Bob Leonard. Along with many awards over the years, our business is also accredited by the BBB with an A+ rating.

What is the BBB?

Better Business Bureau (BBB) is a private, 501(c)(6) nonprofit organization founded in 1912. The BBB's self-described mission is to focus on advancing marketplace trust.

Do you know how the BBB began?

The BBB began with law case. The concept of the Better Business Bureau has been credited to several court cases, such as United States v. Forty Barrels and Twenty Kegs of Coca-Cola , initiated by the government against a number of organizations, including the Coca-Cola Company in 1906.

Did you know the BBB is not the government?

Better Business Bureau is not affiliated with any governmental agency. Businesses that affiliate with BBB and adhere to its standards do so through industry self-regulation .

How does the BBB rating system work?

The BBB rating system uses an A+ through F letter-grade scale. The grades represent BBB's degree of confidence that the business is operating in good faith and will resolve customer concerns filed with the BBB. BBB's ratings are explained on its Ratings Overview page .

We are proud to be a business where people feel they can trust us with their most important things in life.

Our team works hard each day to provide caring services to clients.

20 DIVORCE THEMED SHOWS AND MOVIES

Mon, 07 Aug 2023 11:36:34 GMT

20 SHOWS AND MOVIES TO WATCH WHEN GOING THROUGH A DIVORCE

Are you or someone you know going through a divorce? Our team of Divorce Attorneys and Family Law Professionals have put together a list of shows and movies to comfort, encourage and even inspire someone going through a divorce.

After talking to our clients, we found that many like to talk to friends and family about the divorce but they also like to have moments alone to process the divorce journey by themselves.

In this golden age of streaming, watching a show or a movie can bring comfort to someone going through a divorce and allow time for introspection on the past. More importantly, these shows and movies can help someone going through a divorce see that this is the beginning of a new chapter.

We hope these shows and movies will not just bring comfort but inspiration to anyone thinking of or going through a divorce.

SHOWS/SERIES

MOVIES

AAAA TOP 10 ATTORNEY AWARD

Wed, 29 Mar 2023 17:41:27 GMT

FAMILY LAW ATTORNEY BOB LEONARD AWARDED AAAA TO 10 ATTORNEY FAMILY LAW 2023

We are proud to announce American Association of Attorney Advocates has awarded Bob Leonard, the Top 10 Family Law Attorneys Award 2023. Bob Leonard has been a Family Law attorney for years. He takes his work in Family Law seriously and treats each client with unique empathy and professionalism. Bob Leonard is honored to accept this award as the Top 10 Family Law Attorneys Award 2023.

Attorney Bob Leonard Jr. ( Robert W. Leonard, Jr. ) is Board Certified in Family Law by the Texas Board of Legal Specialization, a claim that fewer than one-percent of Texas lawyers can make. Bob has been serving citizens since the 1980s when he was an elected State Representative for western Tarrant County.

From the Capitol to the Courthouse, Attorney Bob Leonard is a gifted negotiator and fearless, vigorous champion for any cause he embraces. In addition to his forceful litigation skills, Bob is a trained and talented mediator.

As a an expert Fort Worth Divorce Lawyer , Adoption Attorney and Child Custody Attorney , Attorney Bob Leonard helps you achieve winning results. His proven record as an Appellate Attorney and Guardianship Attorney guarantees you excellent representation.

Whether your case is simple or complex, you want Bob Leonard’s cool head and steady hand to steer you right to get the results you deserve.

APPEALING A CHILD CUSTODY CASE IN TEXAS

Mon, 06 Mar 2023 14:56:09 GMT

appealing a child custody case in texas

What does it mean to appeal in a child custody case? This is a common question we are asked because child custody cases can be some of our most complicated/emotionally charged aspect of family law and appealing a child custody case adds another level of complication.

Our expert Family and Appeal Lawyer, Bob Leonard is here to examine your individual case and discuss the best option for your child custody appeal case.

In this blog we will give a brief overview of what it means to appeal a child custody case in Texas.

WHAT DOES IT MEAN TO APPEAL A CHILD CUSTODY CASE in texas?

A child custody appeal is when one party requests the Texas Appeals Court conduct a review of a decision that a lower court (i.e. Family Court) has made on a case because they believe the lower court made a legal error.

Child Custody cases are complicated. Sometimes judges make decisions that both parties don't agree with. Appealing a child custody case is not a "do-over" for your trial, it is an option to correct a legal error made by the lower court.

WHAT DOES THE APPEAL PROCESS LOOK LIKE IN A CHILD CUSTODY CASE?

Just like the standard appeal process, appealing a child custody case can be complicated and time extensive. If you need to file an appeal, its most likely best to work with an experienced child custody attorney.

Your attorney will file a notice of appeal with the trial clerk within 30 days of the decision. Your appeal attorney will also need to file a docketing statement with the appellate court. Then, the trial court clerk and reporter prepare and send the case record to the appellate court.

Within 30 days of the appellate court receiving the record, the attorney files the appellant brief and other documents. The appellant brief argues why the family court decision was incorrect. The other side will then have 30 days to file an opposition brief. Then, they have an additional 20 days to reply.

You or the attorney are able to ask for an oral argument in front of the appellate court as well. Bob Leonard is an expert appeal lawyer and he specializes in oral arguments with in court. However, the court can sometimes decide your case without an oral argument.

what are the grounds for appeal in a child custody case?

Texas higher courts employ an "abuse-of-discretion" standard when evaluating whether a custody order should be modified on appeal. In most child custody cases in Texas, an appellate court will find a trial court to have abused its discretion when it acts arbitrarily, unreasonably, or without reference to guiding principles or rules. The failure to appropriately analyze or apply the law may also be considered an abuse of discretion.

According to this standard, the court must review the factual and legal sufficiency of the evidence. It must be able to find a legal error made by the lower court to rule in favor of the appealing party.

The appellate court will then issue a decision. It can decide to uphold the trial court’s decision, reverse it, or send it back for a new trial or other proceedings. Some people will say an appellate court often upholds a judge’s original decision on a custody case. However, we know each case is unique and it depends on the individual circumstances of the case.

Like we said, appealing a child custody case in Texas is complicated. Our expert Family and Appeal Lawyer, Bob Leonard is here to examine your individual case and discuss the best option for your child custody appeal case.

Call us or message us today!

CHILD CUSTODY SCHEDULE Q&As 2023

Tue, 28 Feb 2023 14:33:18 GMT

CHILD CUSTODY SCHEDULE Q&As 2023

We have been helping parents manage child custody schedules and agreements for years. We have found some consistent tips and answers to help you manage your child custody schedule in the best interest of the kids.

Below we answer so common questions we have been asked over the years to give you a more complete overview of child custody tips and information.

What days should you include in your schedule?

Common holidays to include in your holiday schedule are:

New Year's Day —Jan 1st
Martin Luther King Jr. Day —3rd Monday in Jan
Lincoln's Birthday —Feb 12th
Presidents Day —3rd Monday in Feb
Easter
Spring Break
Mother's Day—2nd Sunday in May
Memorial Day —last Monday in May
Father's Day—2nd Sunday in June
Independence Day —July 4th
Labor Day —1st Monday in Sept
Columbus Day —2nd Monday in Oct
Halloween —Oct 31st
Veterans Day —Nov 11th
Thanksgiving Day —4th Thursday in Nov
Hanukkah - December 18th
Winter Solstice - December 21st
Christmas Eve —Dec 24th
Christmas Day —Dec 25th
Winter Break - (Varies by school)
New Year's Eve —Dec 31st
Your child's birthday

You can also include:

Religious holidays
State holidays
Days when your child is out of school, like teacher preparation days
School vacation time, like summer break
Other special occasions

If you have not found the information you are looking for try a "child custody" search in our Family law blo g or call Bob Leonard law group and speak with a child custody lawyer .

how does child custody work in Texas?

Below we have laid out some child custody options for parents to consider.

WHat are Double Holidays?

What are Split Holidays?

Any schedule that is good for everybody concerned is acceptable.

REMEMBER: parenting shouldn't be a competition or comparison.

If you or someone you know is going through a divorce with children involved, our experienced attorneys are here to help you. Contact us for help with your child custody or divorce today.

10 DIVORCE QUOTES FOR COPING WITH DIVORCE

Tue, 31 Jan 2023 21:32:12 GMT

10 DIVORCE QUOTES FOR COPING WITH DIVORCE

We originally gathered this list for January aka "Divorce Month". We wanted to share 10 divorce quotes for if you or someone you know is going through a divorce. We know divorce is difficult, complicated, sad, tiring, and frustrating. Sometimes you need advice or a word from someone who has gone through it and survived to see the light on the other side of divorce.

Here are the 10 divorce quotes we wanted to share this month.

HOLIDAY CUSTODY SCHEDULE TIPS 2022

Thu, 10 Nov 2022 12:17:40 GMT

HOLIDAY CHILD CUSTODY SCHEDULE TIPS 20222

Tips and ideas to help you manage your child custody schedule in the best interest of the kids.

The holiday child custody schedule can be difficult for divorced parents and even more so for their children. For many, if not most parents, it is easier to use the standard schedule that comes from the Texas Family Code . It provides precise times and dates for possession of our child or children. If you have a standard possession order, for example, one parent will have the child from the end of school before Christmas until the 28th of December and the other parent will have the child from the 28th until just before school starts. The following year, the parents will switch places. Depending on the calendar that year, each parent will have different times with the child, but it should even out over time.

Some parents, however, are able to work together to make changes that accommodate the needs of the parent or the best interest of the child. For example, one parent might be planning a Christmas trip that is inconsistent with the standard schedule. In that case, cooperative parents can adjust their schedule.

Parenting (at least good parenting) is not a competition. You don't have to count days or hours to assure that each parent gets equal time or a certain percentage. The only test should be what is in the best interest of the child.

Below we have laid out some child custody options for parents to consider.

Double Holidays

Split Holidays

Any schedule that is good for everybody concerned is acceptable.

Holidays to include in your schedule

Common holidays to include in your holiday schedule are:

New Year's Day —Jan 1st
Martin Luther King Jr. Day —3rd Monday in Jan
Lincoln's Birthday —Feb 12th
Presidents Day —3rd Monday in Feb
Easter
Spring Break
Mother's Day—2nd Sunday in May
Memorial Day —last Monday in May
Father's Day—2nd Sunday in June
Independence Day —July 4th
Labor Day —1st Monday in Sept
Columbus Day —2nd Monday in Oct
Halloween —Oct 31st
Veterans Day —Nov 11th
Thanksgiving Day —4th Thursday in Nov
Hanukkah - December 18th
Winter Solstice - December 21st
Christmas Eve —Dec 24th
Christmas Day —Dec 25th
Winter Break - (Varies by school)
New Year's Eve —Dec 31st
Your child's birthday

You can also include:

Religious holidays
State holidays
Days when your child is out of school, like teacher preparation days
School vacation time, like summer break
Other special occasions

If you have not found the information you are looking for try a "child custody" search in our Family law blo g or call Bob Leonard law group and speak with a child custody lawyer .

DIVORCE COURT: WHAT THE JUDGE CAN AND CANNOT DO

Wed, 02 Nov 2022 20:35:00 GMT

DIVORCE COURT:

WHAT THE JUDGE CAN AND CANNOT DO

WHAT THE DIVORCE COURT CAN AND CANNOT DO

Our clients and perspective clients often ask for things the court just cannot deliver. So, in this blog we will explore what a court can and cannot do.

The Divorce Court Can Divide Marital Property and Order Action

Courts can order someone to pay a certain amount of money. Courts can order someone to do something. They can order someone NOT to do something. So, a court can make someone pay a judgement or pay child support. A court can order someone to turn over property or a child. A court can order someone not to take a child near a certain person or use a certain bank account.

The Divorce Court Cannot Give Revenge

But there are people who want the court to do something that it simply cannot do. For example, I talked to someone last week who was upset at the way that his father, now deceased, left his property to other children. I also see spouses who want to punish the other spouse for for some real or perceived transgression such as an affair or cruelty. Revenge is something that a court simply cannot deliver.

Tue Divorce Court Cannot Divide Property that Does Not Exist

Sometimes, a person simply wants a court to give him or her something that does not exist, such as dividing a marital estate on divorce so that the spouse gets $150,000 even though the estate is only worth $100,000 total.

Frequently, these people express their desires by saying that it is the “principle” of the thing. Well, in a lawsuit, “principle” is ridiculously expensive. You can spend a small fortune and get little in return. I have even had people tell me that they don’t mind if they spend everything in the estate as long as the other person does not get something.

The Divorce Court Can Give One Side More Property

There are a lot of things that a court can do. Commonly, if there is a good reason in a divorce, a court can give one spouse a disproportionately high percentage of the property. If someone is abusive, a court can remedy that.

The Divorce Court Cannot Make the Other Party Feel Bad

But the court cannot make the other party feel bad or guilty. If you think about it, if the other person is truly bad, they won’t even recognize that they are in the wrong when the judge tells them so; they will simply think that everyone else got it wrong. If your attorney tells you that a certain goal is not achievable or that it will not improve your overall circumstances you should listen. The attorney may not be ignoring your feelings or not caring about you, but simply trying to protect you and your court case from failure.

For More Divorce Court Information, Speak to an Expert Divorce Attorney

Contact Our Office

817-336-8500

info@bobleonardlawgroup.com

WHAT ARE THE POWERS AND DUTIES OF GUARDIANS OF THE ESTATE?

Fri, 30 Sep 2022 20:06:05 GMT

GENERAL POWERS AND DUTIES OF GUARDIANS OF THE ESTATE

We often get asked; “What are the powers and duties of guardianships of the estate ? ” In this blog we will lay out the general powers and duties of guardianships of the estate according the Texas Estates Code. Understanding guardianship is an important step in estate planning and preparing for your future.

But first, what is guardianship ?

Guardianship is the process of removing certain rights from an incapacitated individual and awarding those rights exclusively to another person. A guardian is someone who is appointed or chosen to make legal decisions for another person who is unable to make those decisions on their own.

There are four different types of guardianships available in Texas:

Temporary/emergency guardianship: A temporary guardianship is appointed until the court makes its decision.
Guardian of the person, full or limited: The guardian is responsible for providing care, supervision, food, clothing, medical treatment, and shelter for their ward.
Guardian of the estate, full or limited: The guardian is responsible for managing the property and financial affairs of their ward.
Guardian of the person and estate: The guardian is responsible for managing the care AND property of their ward.

GENERAL POWERS AND DUTIES OF GUARDIANS OF THE ESTATE

The guardian of the estate of a ward is entitled to:

(1) possess and manage all property belonging to the ward;

(2) collect all debts, rentals, or claims that are due to the ward;

(3) enforce all obligations in favor of the ward;

(4) bring and defend suits by or against the ward; and

(5) access the ward's digital assets as provided by Chapter 2001 .

(b) In the management of a ward's estate, the guardian of the estate is governed by the provisions of this title.

(c) In this section, "digital asset" has the meaning assigned by "Digital asset" means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record. (Sec. 1151.101.) https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1151.htm

In Texas, only one person may be appointed as guardian of the person or estate, but one person may be appointed guardian of the person and another person may be appointed guardian of the estate if it is in the best interest of the incapacitated person or ward.

Below you will find the general powers and duties of guardianships of the estate according to Texas Estates Code.

GUARDIANSHIP OF ESTATE DUE TO PERSONAL INJURY

We often offer guardianship services to Personal Injury Attorneys in our area. When a client is injured or incapacitated in a accident or by negligence, we are able to step in and offer resources to make sure their clients have proper guardianship of their estate. If you're a Personal Injury Attorney in the Fort Worth area in need of our attorney services, give us a call and we would be happy to help.

If you or a loved one need more detailed help with your guardianship or estate planning contact one of our professionals today.

Find resources for guardians

ADULT GUARDIANSHIP IN TEXAS: WHAT YOU NEED TO KNOW

Thu, 15 Sep 2022 16:05:00 GMT

What is Texas Guardianship?

Adult Texas guardianship is established by the Texas probate court to allow care and assistance to persons who do not have the capacity to care for their personal needs or financial matters. The courts may appoint a guardian for an incapacitated person because that person is unable to make decisions to protect their physical welfare or financial assets. Since guardianship is a serious matter, the Texas Estates Code is specific on the determination of incapacity.

An adult guardianship can be a full guardianship or a partial guardianship. Guardianship proceedings include both the guardianship of a person (personal protection and care) and the guardianship of the estate (financial protection and care).

Who Needs a Texas Guardianship?

There are multiple reasons a person might require a Texas guardianship. In our office we see different situations and life-altering events where a person now must have a guardian.

Texas Guardianship WHEN Child Turns 18

Guardianship Alternatives

Texas takes individual rights seriously and, as such, the courts do not grant a guardianship if there are other, less restrictive, alternatives available. Following are some things to consider as guardianship alternatives.

Supported Decision Making Agreement. This allows an adult with disability to enter into an agreement with other adults (usually family members or friends) allowing them to provide advice about life decisions to the intellectually disabled person. This piece of the “supports and services” the courts want to consider is often suggested for those with special needs or intellectual disability. If the person does not have capacity to enter this agreement, it is not a viable alternative.

Representative Payee. Generally for government benefits, this allows a person to serve as the representative payee for payment of funds to the intellectually disabled person.

Get Estate Planning Done So You Don’t Need a Guardianship

Estate Planning. If an adult has capacity to do so, he/she can execute a Statutory Durable Power of Attorney (authorizing a person to make financial decisions); a Medical Power of Attorney (authorizing a person to make medical decisions); and an Advanced Directive or Living Will (stating your wishes concerning treatment such as life support). The powers of attorney can be effective immediately or only upon your incapacity. With these documents in place you should not need a guardianship. You can also sign a Declaration of Guardian which allows you to tell the courts ahead of time who you would like to serve as your guardian if the need should ever arise; you can also say who you do not want to be your guardian. Estate planning while you are able is perhaps the most effective way to avoid guardianship.

Special Needs Trust. Talk to your estate planning attorney about making provisions in your estate plan for any beneficiaries who are or may need a special needs trust.

Joint Bank Account . If the bank will allow it, the intellectually disabled individual can have a joint account with another person to help manage money without a guardianship of the estate. In addition, aging parents or those who may at some point face incapacity can add another person to their bank or other accounts.

How to Get a Texas Guardianship

Finally, if none of the alternatives to guardianship are an option and if you are unable to take care of your incapacitated family member of loved one, hire a qualified Texas guardianship attorney. At the Bob Leonard Law Group, we will help you through the guardianship process. A past President of Guardianship Services in Fort Worth, Bob Leonard has the knowledge you need. Call our office today.

BLLG BOOK RECOMMENDATIONS 2022

Tue, 06 Sep 2022 10:43:06 GMT

It's National Read a Book Day! To celebrate, we've gathered a list of books we recommend related to Family Law , Marriage and Divorce .

No matter what stage you are at in your relationship with your partner or yourself, there is always still work to be done. The only way to continue growing is to continue learning.

We hope you can find something helpful in the novels we have chosen below.

WE ARE HIRING

sydney@bobleonardlawgroup.com (Sydney Leonard) — Fri, 02 Sep 2022 14:37:53 GMT

We have several positions available for hire. Please email us at sydney@bobleonardlawgroup.com with your Resume or CV. We will follow up with an interview time.

Please see below for the full job descriptions for each available position and contact us to apply today!

ASSOCIATE ATTORNEY

Qualifications

Doctor of Jurisprudence
Licensed to practice law in the state of Texas
Minimum 2 years’ experience in client service position
Excellent verbal and written communications skills
Excellent organization skills
Ability to manage workflow from multiple sources
Ability to prioritize tasks and exercise independent judgment
Working knowledge of typical office policies and procedures
Initiative in assuming responsibility for new tasks
Willing to take direction
Willing to accept editing of documents and plans
Proficiency in basic office software, including MS Word, MS Excel,
PowerPoint, e-mail services

Essential Function

Work with team to create and implement case plan for individual clients
Perf orm res earch to provide accurate, timely and current information for team and for clients
Draft legal correspondence
Draft legal documents and pleadings
Adhere to all policies and procedures
Recruit prospective clients
Meet with prospective clients
Attend hearings, mediations, trials, conferences and depositions for clients
Develop professional skills through attendance at minimum 30 hours of continuing legal education (CLE) per year
Develop professional relationships within the multi-county community
Attend legal and professional functions as ambassador of BLLG
Maintain membership in local professional associations as directed
Serve actively on committees or teams within BLLG when asked
Deliver on all assigned projects and tasks in a timely and accurate manner
Fully comply with BLLG standards of operations and client service as set forth in the Firm policies and procedures
Maintain knowledge of current versions of local rules in each jurisdiction where the firm has cases before the court
Maintain knowledge of current status of legislation and case law in attorney’s practice area(s)

Compensation

Commensurate with experience and proven collectible billing hours

Job Classification: Professional, Salary, Full Time

Minimum Billing Requirement: 30 hours per week collectible

Reports to: General Manager

PARALEGAL

QUALIFICATIONS

College Degree or Equivalent Work Experience
Minimum 3 years’ experience in client service position
Minimum 3 years’ experience in law office
Working knowledge of typical office policies and procedures
Working knowledge of legal office practices and terminology
Proficiency in basic office software, including MS Word, MS Excel, PowerPoint email services
Aptitude for excellent client service as demonstrated by client feedback
Ability to maintain filing systems for paper and electronic files
Ability to manage workflow from multiple sources
Ability to prioritize tasks and exercise independent judgment
Basic knowledge of standard accounting protocols
Typing: 60 wpm accurate
Excellent organizational and logic skills
Familiarity with legal databases
Ability to multi-task and perform on deadline
Current Notary Public Certification

ESSENTIAL FUNCTION

Trial and hearing preparation
Research
Investigation and fact-finding for cases, as assigned
Identify relevant legal articles, laws and judicial decisions for cases
Drafting and preparing legal documents such as legal arguments, motions, contracts and agreements, and forms
File maintenance
Analyze and organize information as directed
Prepare, send and file legal correspondence
Deliver on assigned projects and tasks in a timely and accurate manner
Comply with BLLG standards of operations and client service as set forth in the contract agreement, the site operations manual, and the employee handbook
Perform Notary Public Duties in compliance applicable Texas Code and Rules
Any other case needs

Job Classification: Legal and Administrative, Hourly, Full Time

Reports to: General Manager

LAW CLERK

QUALIFICATIONS

Qualifications
Full-time law student any level or has completed one year of law school if not currently enrolled
Excellent verbal and written communications skills
Excellent organization skills
Ability to manage workflow from multiple sources
Working knowledge of typical office policies and procedures
Proficiency in basic office software, including MS Word, MS Excel,
PowerPoint, e-mail services

ESSENTIAL FUNCTION

Perform research to provide accurate, timely and current information for team and for clients
Draft legal correspondence
Draft legal documents and pleadings
Adhere to all policies and procedures
Attend hearings, mediations, trials, conferences and depositions as support staff for attorneys
Deliver on all assigned projects and tasks in a timely and accurate manner
Fully comply with BLLG standards of operations and client service as set forth in the Firm policies and procedures
Maintain knowledge of current versions of local rules in each jurisdiction where the firm has cases before the court
Maintain knowledge of current status of legislation and case law in attorney’s practice area(s)

Compensation

Commensurate with experience and proven collectible billing hours

Job Classification: Professional, Salary, Full Time

Minimum Billing Requirement: 30 hours per week collectible

Reports to: General Manager

LEGAL SECRATARY

QUALIFICATIONS

High School Diploma or Equivalent
Minimum 3 years’ experience in client services position
Minimum 2 years’ experience in law office
Basic knowledge of typical office policies and procedures
Basic knowledge of legal office practices and terminology
Proficiency in basic office software, including MS Word, MS Excel, PowerPoint email services
Aptitude for excellent client services as demonstrated by client feedback
Ability to maintain filing systems for paper and electronic files
Ability to manage workflow from multiple sources
Ability to prioritize tasks and exercise independent judgment
Basic knowledge of standard accounting protocols
Typing: 50 wpm accurate
Excellent organizational and logic skills
Familiarity with legal databases
Ability to multi-task and perform on deadline.
Current Notary Public Certification

ESSENTIAL FUNCTION

Assist paralegals and legal team in preparation for hearings and trials
Investigation and fact-finding for cases as assigned
Identify relevant legal articles, laws and judicial decisions for cases
Assist in preparing legal documents such as legal arguments, motions, contracts and agreements
File maintenance
Analyze and organize information as directed
Prepare, send and file administrative and legal correspondence
Deliver on assigned projects and tasks in a timely and accurate manner
Comply with BLLG standards of operations
Perform Notary Public Duties in compliance applicable Texas Code and Rules
Any other relevant tasks

Job Classification: Administrative, Hourly, Full Time

Reports to: General Manager

To apply please email your CV or resume and we will respond to you with an interview time.

WHAT IS A DIVORCE LITIGATION ATTORNEY?

Wed, 31 Aug 2022 11:50:41 GMT

What is a Divorce Litigation Attorney?

A Divorce Litigation Attorney represents a clients interests both in and out of court during the entire divorce process. Litigation attorneys are sometimes also referred to as trial lawyers because they specialize in the ability to argue highly-contested divorce cases at trial.

Navigating divorce is complicated. In the normal course of their duties, litigation attorneys han dle a wide range of case details for their clients including dividing property assets , creating child custody plans, understanding estate planning and more.

Some of the most common tasks performed by litigation attorneys include the following:

Pre-trial Discovery
Creating drafts of pleadings, complaints and counterclaims
Answering interrogatories, complaints and counterclaims and requests for documentation
Taking depositions and interviewing clients and witnesses
Performing an investigation into the facts of the case
Consulting with expert witnesses
Engaging in jury selection procedures
Creating a strategy for pursuing their case or defending their clients in court
Negotiating with attorneys on the other side to reach settlements
Appearing in court to argue on behalf of their clients
Appeals if necessary

Why do you need an expert Divorce Litigation Attorney ?

Working with a qualified litigation attorney can provide you with the most effective and assertive representation for your case and can help you feel more confident throughout the legal process.

As a divorce litigation lawyer, Bob Leonard is a highly-qualified, skilled and experienced, board certified family law attorney. Ready to successfully litigate, he is also an accomplished negotiator and is willing to look at the best possible options for your divorce with or without a child custody case.

With more than triple the required number of hours of continuing legal education each year, Fort Worth Divorce Lawyer Bob Leonard knows litigation law. In addition, as a Board Certified Attorney in Family Law , he is one of a very small number of extremely knowledgeable and skilled divorce lawyers. Most important, he requires the same level of commitment to excellence and education from the entire legal team.

Whether you have a highly contested divorce or a simple divorce , we are here to provide expert services to our clients. Contact us today for your divorce needs.

15 Quick Divorce Facts

Wed, 24 Aug 2022 12:24:46 GMT

15 QUICK DIVORCE FACTS

From our experience, divorces increase around this time of year. Divorces effects almost everyone. Directly or indirectly, most of us at least know someone who has been divorced.

We've gathered 15 interesting divorce facts from our research and experience.

1 - January is considered “divorce month” but we also see a spike of divorces in August.

2 - Worldwide, grounds for divorce and common reasons for divorce share similarities. According to records from the United Nations and other world organizations, the most common reasons for divorce are:

Infidelity (18%)
Drug and/or alcohol abuse (9%)
Physical and/or mental abuse (6%)
By 44% , the most common reason for divorce, is incompatibility, or simply growing apart.

3 - If both you and your partner have had previous marriages, you are 90% more likely to get divorced.

4 - The United States has the 6th highest divorce rate in the world.

5 - Some researchers estimate that 41% of all first marriages end in divorce.

6 - 60% percent of second marriages end in divorce.

7 - 73% of all third marriages end in divorce.

8 - According to CDC studies, the average first marriage lasts 8 years.

9 - There are 5,975,768 divorces over the course of an average first marriage that ends in divorce (8 years).

10 - 48% of those who marry before the age of 18 are likely to divorce within 10 years, compared to 25 percent of those who marry after the age of 25.

11 - Those who wait to marry until they are over 25 years old are 24 percent less likely to get divorced.

12 - If your parents are happily married, your risk of divorce decreases by 14 percent.

13 - According to one study, if you met your spouse in high school, college, or grad school, you are 41 percent less likely to get divorced.

14 - Studies at the University of California and Brown University reported that when a married person works with someone who is in the process of divorcing, it increases the married person chances of divorce by 75%.

15 - An article in the New York Times stated that – of couples who seek marriage counseling – 38% end up divorced just two years later.

For help with your divorce from an expert law attorney, contact us today.

3 Reasons Divorces Spike in August

Tue, 09 Aug 2022 11:32:19 GMT

3 Reasons Divorces Spike in August

August sees a spike in divorce filings. For many years our expert Family Law Attorney Bob Leonard has seen an uptick in divorces in our office in the month of August. According to our research, partners filing for a divorce in the month of August is a common trend across the country.

There have been many studies through the years investigating the root cause of an uprise in divorces during August. There are three commonalities we found from talking to our clients and researching previous studies.

1: Partners schedule their divorce around the kids.

- Some partners wait until their children leave for college in August. They find themselves with an empty nest when their children go to college and file for divorce in August. This leaves them with the time to really look at their marriage and their partner and, in some cases, decide it isn’t working anymore.

- On the opposite end of the spectrum are couples who still have children living at home. With school starting, they use this time to file for divorce hoping it will give their children time to process the change while there are activities to keep them busy.

2: Couples schedule their divorce around summer vacations.

- Many couples start planning big family vacations far in advance. Holidays can be culturally sacred times for families. The results of a study by University of Washington suggest that unhappily married couples arrange an August divorce filing after summer vacations to avoid disappointing children or extended family.

3: Summer is the most common time partners meet someone new.

- Ac cording to a study by National Library of medicine, infidelity is the most common cause for divorce. Summer is when people take the most time off of work and take the most vacations. Vacations, although meant to be enjoyable, can sometimes be even more stressful for some people. This environment has been shown to cause a rise in adultery resulting in filing for divorce when summer is ending.

August may see a rise in divorce filings , but there is no perfect time for divorce. We are here to help make your divorce process more manageable through litigation or simple divorce process.

For help with your divorce from an expert divorce attorney call us today.

SUMMER POSSESSION SURVIVAL TIPS

Tue, 24 May 2022 02:07:00 GMT

Summer Possession/CHILD CUSTODY SURVIVAL TIPS

Summer possession can be the best time of the year for the whole family. All it takes is a little thought ahead of time. Check out this survival guide to help divorced and separated parents ease their children’s adjustment to the summer visitation schedule. Child custody and expert family law attorney Bob Leonard has some ideas to help you survive.

Designate Summer Possession Time

If you have a standard possession schedule in Texas , the non-primary parent designates their preferred time for their 30 day visit – 42 days if they live more than 100 miles away. They can choose 30 consecutive days or two periods of at least 7 days each. Not three, not four, but two. They have to give the primary parent proper notice by April 1st.

If no dates are chosen by the non-primary parent, the default is July 1st through July 31st by default. If they live more than 100 miles apart the dates are June 15th through July 31st.

There are additional provisions allowing the primary parent to designate a weekend – two non-consecutive weekends if the parents live more than 100 miles apart and the non-primary parent plans to exercise the full 42 days – during the summer visit when they want to see the child.

If you do not have a standard possession schedule, then refer to your divorce decree or most recent order affecting your children. Often parents who have the standard order choose to work together to allow their children to attend camps, summer lessons, family reunions, etc.

Prepare for Summer Possession

Primary Parent Summer Possession Tips

Your children may complain about having to go to the other parent’s home for an extended period. You are the adult and it is up to you to present a good attitude about the summer possession visit.

It is perfectly natural for children to resist the idea of spending some time away from what is familiar. At your house they know your rules, your routine, and your environment. Let them know you are pleased they are getting an opportunity to experience a new place.

Even if you are not convinced that encouraging your kids to have a good relationship with the other parent is a positive thing, try to be as upbeat as possible. Not fake, just matter of fact and confident in the other parent’s ability to provide a safe and nurturing place. Remember, you and your partner divorced one another or split from one another, not from your children. Some ways you can be a great co-parent are:

Discussing the Summer plans with your ex. Even if you don’t have a very good relationship with your ex, try to have a productive conversation the sake of the children. See if the two of you can get on the same page, or close to it, for rules, expectations and discipline. Remember, you don’t have to agree on everything. It’s ok during summer possession if they allow a little later bedtime or are more strict in some areas, just try to come to agreement on the big things and don’t sweat the small ones.

Watching your attitude and minding your tongue. If conversations come up, do not belittle the other parent to your children. Do not criticize the other parent to your children. Do not discuss the divorce, or any other sensitive topics with your children.

Allowing your children to speak freely but stopping negative talk. Your children do not need to talk badly about your ex or about you when they are with him/her.

Maintaining a united front. Let the children know that they are expected to follow the rules at the other parent’s house just as they have to follow the rules at home or in the classroom. After all, different teachers have had different classroom rules, but all the major school rules were the same. Do not buy into your children complaining by encouraging them to be disobedient.

Letting your children know that it is ok to miss you and that you will miss them during summer possession. It would be dishonest to say otherwise. But don’t get carried away or make them feel guilty for leaving you. And don’t over-indulge them missing you. It is human nature to want to be the favorite parent, but it is far better for your children if you can be a great co-parent.

Preparing your children for how to handle scary things at a new place. Reassure them that it’s ok to talk to the other parent about their fears and feelings.

Preparing the other parent for the children. Let the other parent know of any allergies, fears, capabilities or limitations. This is especially important when the other parent is not around the children much. You don’t have to be bossy; just be informative.

Preparing yourself. If you have not been away from your children much, make plans for how you will use the time you have. Of course you will miss your child, but the most balanced parents have lives outside their children. If everything revolves around your children, it is an awful lot of pressure to place on them.

Keeping communication to a reasonable, age-appropriate frequency. Don’t call – or text, or e-mail – constantly. Discuss communication with your ex and come up with a reasonable plan then let your children know ahead of time that you will check in with them, but not all the time. They need time to bond with and rely upon the other parent as well as you.

Relaxing. Don’t worry about every little thing. Children are wonderfully resilient. Unless they are in danger, which is a topic for an entirely different discussion, wave goodbye, wish them well, keep them in your prayers and let them go for a few weeks.

Becoming an Amazing Co-Parent. BE FLEXIBLE. BE COOPERATIVE. BE GRACIOUS.

Non-Primary Parent Summer Possession Tips

Your children may complain about having to come to your home for an extended period. You are the adult and it is up to you to present a good attitude about the summer possession visit.

Remember, it is perfectly natural for children to resist the idea of spending some time away from what is familiar. At home, they know what to expect and they know what is expected of them. Coming to your house, they may be nervous or anxious.

Even children who want to spend time with the non-primary parent have some adjusting to do. Cut them a little slack and remember, you and your partner divorced one another or split from one another, not from your children. Some ways you can be a great co-parent are:

For more information about child custody, divorce with children, or co-parenting, or to talk to an experienced, Board Certified Family Law Attorney contact our office!

CHILD CUSTODY IN TEXAS - FAQ's

Wed, 27 Apr 2022 11:42:39 GMT

CHILD CUSTODY IN TEXAS - FAQ'S

Child custody is a primary point of contention in many divorces and it's important to know the facts about child custody in Texas. As an expert in Family Law, Bob Leonard has vast experience with child custody cases in Texas.

Do I Have Joint or Sole Custody? What Does that Mean?

Joint Custody = Joint custody means both parents share in all aspects of a child's upbringing. Parents share rights and duties with respect to the children. Both parents make medical decisions, sign medical release forms, have access to the child's medical records, and may also be apprised of all aspects of the child's education. Typically, one parent will have the right to designate the residence of the child; this person is referred to as the “primary” parent.

Often Texas law expresses a preference for parents to share as equally as practically possible in the custody of a child in a divorce case. In Texas, our courts presume that it is in the best interest of the child for the parents to be given joint managing conservatorship. To determine the appropriate conservatorship of the child the court will use the "best interests of the child" standard.

What is Conservatorship?

Conservatorship is the word Texas uses for what we think of as custody. Conservatorship is a legal status to which a court appoints a person to manage the financial and personal affairs of a minor or incapacitated person.

When we say joint or sole conservatorship , that means joint or sole custody.

Are Custody, Conservatorship and Possession the Same?

No. Custody and conservatorship are often used interchangeably in conversation, but possession is a different thing. Possession is the time allotted for each parent to spend with a child. The list of the times each parents have allotted is outlined in what is called a possession schedule.

Sole Custody = One parent has the rights and duties with respect to the children. This parent is responsible for decisions about medical, educational and other issues. If a parent is given sole custody in Texas, that means one partner is given the exclusive right to manage certain aspects of the child's life. Below is a list of rights that the “sole” parent is given.

Unless limited by court order, a parent appointed as sole managing conservator of a child has the rights and duties provided by Subchapter B and the following exclusive rights :

the right to designate the primary residence of the child;
the right to consent to medical, dental, and surgical treatment involving invasive procedures;
the right to consent to psychiatric and psychological treatment;
the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child;
the right to make decisions concerning the child’s education

A possession schedule is usually a Standard Possession Schedule or an Expanded Standard Possession Schedule. These schedules are located in the statute. However, the parents can agree on something that works better and create their own schedule. In addition, the court may choose to impose a schedule it deems in the best interest of the child.

Co-Parenting and Custody

Most custody orders include language allowing some leeway for the parents by inserting a sentence that states, “or as the parties agree.” Texas judges encourage parents to work with and accommodate one another as much as possible.

Because of this, the courts tend to view those who attempt to co-parent favorably. If one party is trying to cooperate and the other party is difficult, believe me, the judges will notice. If the parties cannot agree, the default is to follow the schedule in the order.

Time with your child is important. We are here to help you create a manageable child custody schedule.

Changing Custody

If your current order is not working well, there are some options for making changes. But, there are specific requirements for modifying (changing) an existing order. Until an order is actually modified, it is very important to follow it. This means that you exercise your possession and allow the other party to exercise possession. This also means that if you are supposed to consult the other party on decisions, that you consult the other party on decisions.

Enforcement and Contempt

All too often, we have folks come into our office when they are in violation of their current order and subject to enforcement. Or there has already been an enforcement filed. Court orders are court orders and are meant to be followed. You may not know this, but some orders are not only enforceable, but you could be subject to contempt and jail time if you do not comply.

Don’t take matters into your own hands.

Don’t violate your orders.

If your orders aren’t working for we will let you know your options.

If the other party is not complying with the order, we will let you know your options.

Call our office today to get more information on your child custody issues. You need a family law expert on your side.

DIVORCE AFTER 50

Thu, 24 Mar 2022 11:39:08 GMT

Divorce After 50

Divorce after 50, sometimes called “gray divorce” is on the rise. The rate of divorce after 50 continues to increase. In fact, data analyzed by Pew Research, since 1990, shows the divorce rate has roughly doubled for adults ages 50 and above and tripled for those ages 65 and older.

Why Is Divorce After 50 Increasing?

First, people are living longer and may grow apart as they grow older. Second, both parties in a marriage may be working and earning similar income, so are each more financially independent. Third, there is not as much stigma associated with divorce. These three factors contribute to the increase in divorce after 50. More important than why the rise in “gray divorce,” is how the people are affected.

Divorce after 50 May Mean More Assets to Divide

People in this “gray divorce” age range are more likely to have accumulated a large amount of assets. As couples’ age and earning power increases, the marital community may have a high net worth, and hold investment accounts, IRAs, 401(k)s stocks, bonds, pension plans, company profit sharing and other financial assets. By this time in life, it is also probable that the couple owns real property, including homes, second home, vacation homes, rental properties, ranches, or farms.

Pension plans are particularly important. A pension is usually worth far more than the amount that appears on your annual statement. The longer the person has worked increases that disparity. For example, if a spouse has only worked at a company with a traditional pension plan for a year or two, the difference won’t be significant, but if he or she has worked there for 20 plus years, then the plan is probably worth several times the statement amount. It takes special training to be able to evaluate your situation in these cases.

In a Divorce after 50, Retirement Issues are Important

Retirement is closer and the financial impact may be greater. For example, a retirement plan for a single household may be insufficient to support two separate households. There is not as much time to rebuild your financial portfolio when you divorce after 50; there are not as many peak earning years. Each of the parties may have to make serious lifestyle adjustments so that they have sufficient retirement income. Retirement may have to be pushed back to a later date.

Supporting Two Households

For a single income family, divorce is particularly challenging. If there is only one income-earner in a family and the parties choose divorce after 50, there are multiple factors to consider. First, the potential earning power of the parties is significantly different. As a senior, it may be challenging to enter the workforce at an income level commensurate with the current standard of living. In order to support both parties equitably, the income earned by one party will have to cover living expenses for both parties during the divorce. The final settlement will likely take the disparity in earning ability into account. As a community property state, Texas recognizes that everything earned or purchased during the marriage is part of the community and belongs to both parties. While this helps in determining a settlement of the current assets, it does not change the future ability to earn income. Moving forward from the over 50 divorce, the person who has been employed throughout the marriage will likely continue to earn more money. When the parties have insufficient income and there are insufficient assets to make up for it, the court may consider spousal support if the parties were married more than 10 years.

Dual income families have their own set of challenges. Studies show that most people spend the majority of their income. When you have two income earners in the family, the annual expenditures reflect the high income. It is possible that both parties’ earnings are necessary to maintain this way of life. Separately the parties may not be able to afford things typically associated with high net worth. It may not be possible to maintain country club memberships, vacation homes, two large homes in desirable neighborhoods, luxury vehicles and other high-end goods and services, including, if applicable, university, private college or post-graduate school expenses for your child or children.

Children in Over 50 Divorce

Although children may be out of the house when an over 50 divorce occurs, and when they turn 18, they are no longer part of the divorce child custody process, children can still be adversely affected. Although it is tempting to confide in the children, it is important to keep them out of the fray. Yes, they are adults, but the divorce is between you and the other parent; asking the children to take sides can cause emotional damage.

Getting the Best Settlement in Your Over 50 Divorce

The job of your expert divorce attorney is to carefully evaluate the financial information and assets. Your attorney will gather and review all the financial information, perform, or obtain valuations or appraisals and assist in creating the best possible settlement for you given all the facts.

To properly consider the full financial impact of divorce, your divorce attorney must know exactly what is owned by the community estate and both separate estates and the actual value of each asset. Each party must also know the extent and nature of any liabilities. This means the gathering of current account statements, deeds, property appraisals and actuarial valuations of pension plans, retirement and other accounts, credit card statements and loan documents. If the couple owns a business or one of the parties owns a business, a business valuation may be necessary.

We will work with you to review all the facts and discuss the impact of various settlement options.

Obtaining a Final Decree of Divorce

The job of the court is to ensure that there is a just and right division of property in a divorce. Your attorney will prepare the evidence needed to prove your case and work to present it to the judge. In some cases, you may wish to request a jury trial.

Once all the information for a property settlement is gathered and analyzed, your attorney may schedule date for a final trial with the court. One of the requirements will be scheduling a mediation. You and your attorney will determine your desired outcome for a Mediated Settlement Agreement which will be the basis for your final decree of divorce. Many cases settle at mediation, particularly if your attorney is well-prepared. If the case does not settle, then the trial judge will make the final decisions in a ruling.

Your divorce attorney will prepare and present arguments on your behalf. We will provide the judge with evidence to help ensure you get the ruling you deserve.

Expert Legal Representation

It is critical that you have an expert family law litigator representing you in your divorce after 50. All the typical issues in a divorce are present in your case along with the additional challenges faced by senior adults in planning for their future.

Bob Leonard, Jr. is a Board Certified family law expert. Bob is a fearless litigator with the strong business, financial and negotiation skills you need for a successful outcome.

COPING WITH DIVORCE (Asking For a Friend . . .)

Fri, 25 Feb 2022 11:33:02 GMT

COPING WITH DIVORCE (Asking For a Friend . . .)

When you have a friend considering or going through divorce, you will also be coping with divorce. Helping your friend deal with divorce can be traumatic for you too. Did you know, according to a 2013 longitudinal study headed by Brown University scholar Rose McDermott, if people in your close social network divorce, the risk of your marriage ending greatly increases? Maybe this is why those going through divorce often find themselves abandoned by their closest friends. Here are some tips to help you help a friend (or help yourself) when facing a life changing event like divorce and the breakup of the family.

Divorce is Difficult; Recognize It

A first step in coping with divorce is to acknowledge that it is difficult for the couple involved. It has a negative impact on those around the divorcing couple as well. If you’re a friend or a loved one of someone who is going through this, particularly if the divorce is contested, you can see first-hand how hard it is. Here are some ways you can stay by them; keep them positive, and help make this process less difficult for them, and still preserve your marriage and your sanity. Recognize the divorce they are going through is traumatic and validate their feelings during this process.

Divorcing People Need to Vent; Be a Good Listener

When your friend is going through a litigated divorce , be there for them when they needs you.

It sounds so simple and cliche, but it is so true. Your willingness to just listen and validate the emotions associated with the break-up of a marriage can have on a person’s emotional and mental health is extremely helpful. It has been shown that loneliness during this time can cause depression, poor sleep quality, impaired executive function, accelerated cognitive decline . The simple act of spending time with your friend and listening can make a real difference in their attitude and overall health and help as they are adjusting and coping with their divorce

Nasty Divorce? Keep it Positive

Even in a nasty divorce, avoid talking negatively about the other party. Psychologists link negative thinking to depression, anxiety, chronic worry and obsessive-compulsive disorder (OCD). Of course, you are angry on behalf of your friend whose spouse is hiding marital assets, and It’s easy to jump in and complain right along with them. However, while corroboration helps justify his/her feelings, it often this leads to more anger, low self-worth and depression. Positivity has huge benefits to mental health. Your positive attitude can help them move on in a productive way.

Another reason to keep it positive is that you never know; the couple could patch things up and get back together and stop the divorce. You could lose your friend if you have complained too much about their partner.

According to Mental Health America researchers found the benefits of staying positive:

People who were pessimistic had a nearly 20 percent higher risk of dying over a 30-year period than those who were optimistic
People who kept track of their gratitude once a week were more upbeat and had fewer physical complaints than others
Repeating negative thoughts can prevent them from changing those negative thoughts

So, keep it positive during the divorce process!

Stay Calm and Let the Divorce Attorney Handle the Worrying

During the legal battle, your friend will rely on the divorce lawyer for legal advice and counsel. You can help by keeping your friend from worrying. In any legal battle, it is important to be able to think clearly and make good decisions, not be swayed emotions and worry. Sometimes the other party will make threats about taking the children or leaving your friend penniless in the divorce. Let the attorney worry about those things; that’s why your friend hired the best family lawyer . Encourage taking a break from thinking (obsessing) about what the judge will do in the divorce property division or what the children will say if they are ordered to talk to the judge to decide child custody issues. Try changing the subject to more positive topics such as common hobbies or interests.

The Divorce is Final. Move On with Life

Once the divorce decree is signed by the judge, it can be a bit of a let-down. Passionate reactions to the stress of fighting a child custody battle or a bitter divorce filled with accusations cannot be automatically turned off. Even an agreed divorce brings some emotional upheaval. Not only is the marriage over, but life has changed. Help your friend recognize the new possibilities that await. Remind them that this is the end of the chapter, not the end of the book. Ultimately the best thing for a newly divorced spouse is to achieve closure and move forward. Get out and do something fun together to help speed the healing process along.

Local Activities to take your mind off the divorce:

Trinity Hiking Trail

Fort Worth Water Gardens

Fort Worth Botanic Garden

Cultural District

Places to take the children to take their minds off the divorce:

Fort Worth Stockyards Daily Cattle Drive

Fort Worth Zoo

Send us your suggestions for positive things to help boost spirits when going through a divorce. We welcome your input . Please email info@bobleonardlawgroup.com

COVID-19 Policies and Procedures Update 2022

Fri, 28 Jan 2022 12:03:06 GMT

COVID-19 Policies and Procedures Update 2022

Workplace laws are evolving quickly, particularly when it comes to COVID-19-related safety rules and requirements. We have reviewed policies and made updates as the pandemic continues and new laws take effect at the federal, state and local levels.

While the majority of our staff will be continuing to work from home, we have many in-person options available for our clients.

IN OFFICE WILL SIGNINGS

In-office, in-person Will signings are still available for our clients. All participants, even those who are fully vaccinated and boosted, will be required to wear a mask in the office, maintain social distancing and complete an intake form prior to attending.

IN PERSON DOCUMENT MANAGEMENT

Staff members are available by appointment for pick-up and delivery of documents and for notarization of documents. Clients and staff are required to wear masks, even when fully vaccinated and boosted.

COURT HEARINGS AND TRIALS

The courts are scheduling both in-person and zoom hearings. For in person hearings, although there is no statewide mask mandate, our clients, attorneys, and legal staff will wear masks in court. This includes even those who are fully vaccinated It is not possible to maintain appropriate distance in the courtroom.

MEDIATIONS

Mediators are working with clients to schedule virtual or in person mediations. Our attorneys and clients will wear masks if the mediation is in person and will maintain appropriate distancing if possible.

Below are the most recent updates from the CDC. Our office is following the CDC guidelines and we will ask our clients to do the same when attending court or in person meetings.

Given what we currently know about COVID-19 and the Omicron variant, CDC is shortening the recommended time for isolation for the public. People with COVID-19 should isolate for 5 days and if they are asymptomatic or their symptoms are resolving (without fever for 24 hours), follow that by 5 days of wearing a mask when around others to minimize the risk of infecting people they encounter. The change is motivated by science demonstrating that the majority of SARS-CoV-2 transmission occurs early in the course of illness, generally in the 1-2 days prior to onset of symptoms and the 2-3 days after.

Additionally, CDC is updating the recommended quarantine period for anyone in the general public who is exposed to COVID-19 . For people who are unvaccinated or are more than six months out from their second mRNA dose (or more than 2 months after the J&J vaccine) and not yet boosted, CDC now recommends quarantine for 5 days followed by strict mask use for an additional 5 days. Alternatively, if a 5-day quarantine is not feasible, it is imperative that an exposed person wear a well-fitting mask at all times when around others for 10 days after exposure.

Isolation relates to behavior after a confirmed infection. Isolation for 5 days followed by wearing a well-fitting mask will minimize the risk of spreading the virus to others. Quarantine refers to the time following exposure to the virus or close contact with someone known to have COVID-19.

Our goal is to keep our clients and staff safe. We will continue to update our policies and procedures as the pandemic evolves.

ESTATE PLANNING THIS HOLIDAY SEASON

Tue, 21 Dec 2021 19:26:02 GMT

ESTATE PLANNING THIS HOLIDAY SEASON

No matter where you are in life, the holidays remind us of the things that are important to us; the things we need to protect. That’s why we think the holidays are the perfect time to think about wills and estate planning.

An estate plan can include any combination of a will, powers of attorney, special deeds for real estate, a set of documents called advance directives, and other estate planning forms.

A new poll shows fewer than half of U.S. adults (46%) have a valid will detailing how they would like their money and estate to be handled after their death. ( Gallop Poll )

The pandemic has changed the nation’s perspective on many things, and estate planning is definitely one of them. People from all walks of life are reevaluating how they live and what happens to them after life.

Although the overall percentage of people with a will hasn’t changed since last year, the number of young adults with a will increased by 63% since 2020. ( Caring’s 2021 Estate Planning and Wills Survey) Also, in 2021, 18-34 year-olds are, for the first time, more likely to have a will than 35 – 54 year-olds.

Surprisingly, 18-34 year-olds are now 16% more likely to have a will than those in the 35-54 age group.

If the last two years have taught us anything, it’s that we need to have a plan because life is unpredictable. Next year we hope to see the number of wills increase across all demographics.

Estate planning and establishing a will can be a complicated and daunting process. Although there are DIY plans you can download, our office sees that these have less than optimal results and unintended consequences afterwards.

Our caring and experienced attorneys are here to answer your questions and help you during this major process. Contact us today start your estate planning process!

Legal Services

TEXAS ADOPTION STATISTICS & REQUIREMENTS

Sat, 20 Nov 2021 17:20:31 GMT

TEXAS ADOPTION STATISTICS & REQUIREMENTS

It’s National Adoption Day! Adoption is such a life changing decision. Every adoption is different and no adoption is easy. We've gathered helpful statistics, guidelines and requirements to help you more easily navigate your Texas adoption.

ADOPTION STATISTICS

According to DFPS, 4,586 children were adopted in Texas during the 2021 fiscal year. That number is down from the 5,270 children adopted in 2020 and the 6,107 adopted in 2019. Up to date monthly data on children in DFPS care
Relatives adopt more than half of the children and teens in Texas.
The number of children exiting Texas foster care has been steadily increasing since FY 2016 until last year.
Older children in Texas are not as likely to be adopted as younger children.
Foster care was intended to be temporary, but many Texas children remain in care for years.

Information provided by Texas Department of Family and Protective Services.

Licensing requirements for foster or adoption

Be at least 21 years of age, financially stable, and responsible mature adults,
Complete an application (staff will assist you, if you prefer),
Share information regarding their background and lifestyle,
Provide relative and non-relative references,
Show proof of marriage and/or divorce (if applicable),
Agree to a home study which includes visits with all household members,
Allow staff to complete a criminal history background check and an abuse/neglect check on all adults in the household, and
Attend free training to learn about issues of abused and neglected children.

The training provides an opportunity for the family and DFPS to assess whether foster care or adoption is best for the family. The family may withdraw from the meetings at any time. There is no charge for the meetings. Foster/adoptive parents generally train together.

Additional Foster Care Requirements

In addition to the basic requirements, foster parents must:

Have adequate sleeping space.
Allow no more than 6 children in the home including your own children or children for whom you provide day care.
Agree to a nonphysical discipline policy.
Permit fire, health and safety inspections of the home.
Vaccinate all pets.
Obtain and maintain CPR/First Aid Certification.
Obtain TB testing as required by the local Health Department for household members.
Attend 20 hours or more of training each year.

Responsibilities of Adoptive Families

Provide daily care and nurturing of children
Advocate for children in their schools and communities;
Provide a positive role model to birth families and
Help children learn life skills.
Provide permanent homes and a lifelong commitment to children into adulthood
Provide for the short-term and long-term needs of children
Provide for children's emotional, mental, physical, social, educational, and cultural needs, according to each child's developmental age and growth
May become certified as a foster family and accept children who are not legally free for adoption, but whose permanency plan is adoption

Learn more about adoption and fostering in Texas by visiting the Texas Adoption Resource Exchange.

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Adoption Attorney Service Area

THE FOUR P's IN ADOPTION

Fri, 19 Nov 2021 19:16:31 GMT

THE FOUR P'S IN ADOPTION

It's National Adoption Month! We want to share some advice that we usually give our clients when beginning the adoption journey.

You need to embrace the "FOUR P's"

1) positive attitude

2) perspective

3) persistence

4) patience

Positive Attitude about the Adoption Process

Whether you are adopting a newborn child from someone you know, or from a private or non-profit agency, there will be some bumps along the road. These may be minor glitches, causing a small delay, or they may be seemingly insurmountable obstacles. Do not get discouraged. Seek affirmative support from your pastor, your family, your friends, or other adoptive families.

Keep Perspective in Place During the Adoption

Giving birth may not be easy, but neither is adoption. Every pregnancy is different and every adoption is different. During pregnancy, sometimes things go smoothly and sometimes the doctor has to take extreme measures to protect his patients. During an adoption, several issues can arise as well, causing your attorney to have to take action. For instance, your caseworker may be overloaded – many are – and the home study time may increase. Since the typical length is six to eight weeks, it can really seem to drag on. A pregnant woman may to endure enforced bed rest; you may have to endure a lengthy screening process. Remember, the caseworker is only looking for a loving and safe home for the child. Keep your perspective. You will have many years with your child.

Polite Persistence Pays Off in Your Adoption Process

Most good things in life come at a price. You have worked hard to achieve the qualities that will make you a great parent. If the caseworker keeps requesting more information prior to making a decision, provide the information. Make sure all your documents are accurate and complete. Take time to check in with your adoption attorney to make sure there is nothing you need to be doing. Take time to check in with your caseworker (be extremely polite) to make sure he or she has the information and documentation needed to complete the report. Staying on top of things in a productive manner will make you feel better and will actually help the process.

Practice Patience Throughout the Adoption Process

It may not seem like it, but the wheels of the system are slowly turning. In addition to the home study, you (and your partner if you have one) will have to get your fingerprints taken. You will have to submit to a criminal background check. Your attorney will have to locate the biological father, if known, and obtain a relinquishment from him. If your child is not yet born, you will be waiting until the birth. Then you must wait until at least 48 hours after the birth of the baby to allow the birth mother time to consider and sign the relinquishment paperwork. Please be patient, these things take time.

Welcome your new family Home!

You have had a positive attitude; you have maintained your perspective; you have displayed polite persistence; your patience is about to be rewarded. Once the home study report and screening processes are complete, you receive approval, and your attorney has received the necessary paperwork, you are almost finished. Now, finally, your attorney can schedule a time to take you to before the judge to complete the court processes. Your attorney will prepare the Orders for Termination of Parental Rights and Adoption for your review prior to the hearing.

NOTE: If you are adopting a child through CPS, a foster child, or an older child , please read next week’s article for more information. Later in November we will talk about Grandparent Adoptions, Step-parent Adoptions and Voluntary Placements. Be sure to contact our law office at 817-336-8500 if you have a topic you want to hear more about.

Remember November is National Adoption Month . Any adoption started through the Bob Leonard Law Group, PLLC in November will receive a reduced rate on attorney fees. Contact Us .

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Adoption Information:

Stepparent Adoption . . . Blending Your Family

Grandparents Make “Grand Parents”

Speak to an Expert Adoption Attorney About Your Adoption Needs

Contact Our Office

817-336-8500

info@bobleonardlawgroup.com

HOLIDAY CUSTODY SCHEDULE TIPS - CHILD CUSTODY INFORMATION

Thu, 11 Nov 2021 23:24:33 GMT

HOLIDAY CHILD CUSTODY SCHEDULE TIPS

Ideas to help you manage your child custody schedule in the best interest of the kids.

Some parents, however, are able to work together to make changes that accommodate the needs of the parent or the best interest of the child. For example, one parent might be planning a Christmas trip that is inconsistent with the standard schedule. In that case, cooperative parents can adjust their schedule.

Below are some things that parents might agree to do.

Double Holidays

Split Holidays

Any schedule that is good for everybody concerned is acceptable.

SOME Holidays to include in your schedule

Common holidays to include in your holiday schedule are:

New Year's Day —Jan 1st
Martin Luther King Jr. Day —3rd Monday in Jan
Lincoln's Birthday —Feb 12th
Presidents Day —3rd Monday in Feb
Easter
Spring Break
Mother's Day—2nd Sunday in May
Memorial Day —last Monday in May
Father's Day—2nd Sunday in June
Independence Day —July 4th
Labor Day —1st Monday in Sept
Columbus Day —2nd Monday in Oct
Halloween —Oct 31st
Veterans Day —Nov 11th
Thanksgiving Day —4th Thursday in Nov
Christmas Eve —Dec 24th
Christmas Day —Dec 25th
Winter Break
New Year's Eve —Dec 31st
Your child's birthday

You can also include:

Religious holidays
State holidays
Days when your child is out of school, like teacher preparation days
School vacation time, like summer break
Other special occasions

If you have not found the information you are looking for try a "child custody" search in our Family law blo g

or call Bob Leonard law group and speak with a child custody lawyer

Legal Services

Top 10 Family Law Firm Texas

webmarket@bobleonardlawgroup.com (Lisa Kofford) — Thu, 11 Nov 2021 22:32:36 GMT

Congratulations! Best of the Best, BLLG Family Law Team

.Best of the Best Family Law Firm

Law Practiced At A Higher Standard

This honor is reserved for those lawyers who exhibits excellence in their practice. Of the 1.3 million attorneys practicing in the United States less than .05% of Attorneys will receive this distinction. Selection to this list provides independent third-party validation of you as an attorney, your practice, and influences potential new client’s hiring decisions. New clients can be assured that they are hiring the absolute Best of the Best!

Congratulations to our Fort Worth, Texas Family Law Firm. We Believe you are the best of the best it is an honor to work with all of you.

TEXAS DIVORCE: How is property divided in Texas?

Mon, 25 Oct 2021 19:27:10 GMT

How is property divided in Texas?

If you are getting a divorce one of the biggest questions will be how your assets and property are divided between you and your spouse.

Texas is 1 of 9 states that is a community property jurisdiction.

For the majority of cases, this means that the initial assumption is any property acquired by a couple during their marriage is owned by both spouses. As we always say, no two cases are the same. So, there are exceptions to this.

If you have separate property, which you believe belongs only to you and should not be shared with your spouse, you will have to prove it by tracing it back to its original source with "clear and convincing evidence."

Separate property can include property acquired by just one spouse before the marriage or by gift or inheritance.

Below are a few examples:

You might show that you inherited money from your family member with your name clearly on it (NOTE: keep inherited funds separate)
You were named as the owner of land or property in a will
You purchased real estate prior to your marriage

There are a lot of nuances and ways to prove whether the property is community or separate or whether someone is entitled to reimbursement.

You need a family law expert to help you navigate the community property waters.

Our expert divorce attorney, Bob Leonard , is here to answers to the rest of your Texas divorce questions. Contact us today!

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High-Asset Divorce Fort Worth | Weatherford

Fri, 22 Oct 2021 20:10:00 GMT

High-Asset Divorce Complex Property Division

Our attorneys are Providing Complex High-Asset Divorce Representation in Fort Worth and Weatherford, Texas

In high-asset divorce cases that involve significant assets and complex issues, it is critical to hire the most experienced and qualified attorney possible in order to protect your interests. Business and other assets must be properly evaluated and valued. Your attorney will know if it is necessary to search for hidden assets, seek forensic accounting or perform other services. Expert witnesses may be required to determine asset division and requirements for short or long-term spousal support; if you are a professional homemaker or if your spouse is a stay at home parent, you need Bob Leonard on your legal team. Read 5 suggestion to save $ on attorney fees .

Fort Worth and Weatherford Divorce Property Division

Maintaining your financial security is one of the most important considerations when facing a divorce. Before final separation an agreement will need to be reached as to how to divide all the marital assets and the terms of financial responsibility for and custody of any children.

Attorney Bob Leonard of the Bob Leonard Law Group, PLLC, is Board Certified in Family Law. Along with extensive experience in high asset divorce, attorney Bob Leonard manages and protects the assets and legacy of one of Fort Worth’s most respected families, the Fort Worth Leonard’s Department Store Family. After serving nearly a decade representing Fort Worth in the Texas House of Representatives, Bob Leonard has built a legal team with you in mind. With so much at stake, you can feel secure in knowing that our attorney Bob Leonard is extremely knowledgeable and experienced in high-asset divorce cases. And Bob is prepared to negotiate wisely or litigate strongly on your behalf.

Preparation Is Key

Experience has taught us to prepare each case as if it will go to trial; this is one of our winning strategies. Preparing each client’s case is extremely important. While not every case is trial-bound being highly prepared gives us the advantage in negotiations. In complex divorce cases or high-asset divorce cases, detailed discovery and preparation are the stepping stones to winning. If your divorce property has any of the following, contact the experienced and qualified attorney Bob Leonard today.

Many high-asset divorce cases involve traditional marriages in which one spouse plays a stay-at-home role that minimizes workplace participation. In such cases, it is important to enlist a vocational expert to develop an estimate of what is necessary in order to resolve how much support the person may need. Therefore, if you need spousal support or want to know how much spousal you might have to pay, you need an experienced divorce attorney with strong business acumen working with you to make sure you get what you deserve.

Schedule Your Consultation

Board Certified Family Law Attorney Bob Leonard is serving High-Asset and Complex divorce clients in the Fort Worth Metroplex and the surrounding communities of Tarrant and Parker County. You will find our firm to be extremely professional and responsive.

Speak to an Expert Property Division Attorney

Contact Us Now

817-336-8500

info@bobleonardlawgroup.com

The post High-Asset Divorce Fort Worth | Weatherford appeared first on Bob Leonard Law Group, PLLC .

Divorce Finances: Preparing for a Successful Divorce

Fri, 22 Oct 2021 00:36:00 GMT

Preparing for a Successful Divorce: Knowledge is Power

Divorce is never simple, but preparing for a successful divorce gives you the winning edge. It's important to be smart and keep track of everything. The more solid documentation you have, the better your strategy will be.

Your divorce may be something you have thought about for awhile or it may be that an event has caused an immediate breakdown of your marriage. You may have been served with divorce papers when you were not expecting it.

This is an emotional time, but knowing as much as you can will help you and your attorney develop a strong and positive plan to preserve your assets .

Preparing for a Successful Divorce: Collecting Financial Information

Collect the following information right away to prepare a Monthly Income Worksheet :

Preparing for a Successful Divorce: Compile Your Expenses

Once you have your records gathered, take the time to prepare a comprehensive list of your expenses. Review your bank and credit card statements for a period of at least 6 months to find your actual expenditures. If there is anything you pay annually. be sure to include it on your list (for simplicity’s sake, divide annual expenditures by 12 so that you are accruing the amount you need to pay over the entire year).

Review the following to compile a complete list of monthly expenses you will call your Monthly Expenses Worksheet:

HOUSEHOLD EXPENSES

TRANSPORTATION

INSURANCE

FOOD/GROCERIES

MEDICAL (Out of Pocket)

This is where you average uncovered doctor, dental, and drug costs including co-payments, and deductibles.

EDUCATION

Please include an average of the cost of school supplies, tuition payments, and activity fees for you and your children.

PERSONAL

CHILDREN

ENTERTAINMENT

List the average costs of movies, internet, cable or satellite, eating out or other activities.

DUES (Union or Professional) AND BUSINESS EXPENSES

Includes all typically deductible business expenses, dues and membership fees for professional organizations.

OTHER

If I have forgotten anything, list it here.

Preparing for a Successful Divorce: Review Your Finances with Your Attorney

Now that you have taken a giant leap in preparing for a successful divorce , you and your attorney are ready to develop a winning game plan.

Preparing For a Successful Divorce, Part 2

Bob Leonard Law Group, PLLC

Speak With Experienced Board Certified Divorce Attorney Bob Leonard!

Contact Us Online Today

817-336-8500

info@bobleonardlawgroup.com

Guardianship Alternatives: Why We Need Guardianship Alternatives

Mon, 18 Oct 2021 18:27:00 GMT

What to Do When Your Loved One Does Not Meet the Court’s Strict Guardianship Requirements

Why We Need Guardianship Alternatives

In this blog we will explore Guardianship Alternatives and safeguards for those who are disabled. Expert Fort Worth guardianship attorney , Bob Leonard discusses guardianship alternatives.

Texas courts look for ways to provide less restrictive guardianship alternatives while offering needed safeguards for those who are disabled. Texas is a strong advocate for personal freedom and a protector and defender of individual rights. Guardianship takes away rights from citizens who are incapacitated. The courts take their responsibility seriously and expect us to find guardianship alternatives prior to asking for a guardianship.

The Texas Estates Code defines Guardianship as a legal process used to provide protection for adults who are incapacitated. The Estates Code defines an incapacitated person as: “An adult individual who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter to himself or herself, to care for the individual’s own physical health, or to manage the individual’s own financial affairs.”

As a parent of a disabled child who turns 18 , as a child of an elderly parent who becomes disabled, or as a friend or relative of an incapacitated person, you can be in a very difficult situation. You want to protect your loved one, but the courts are reluctant to create a guardianship. There are some alternatives you can look at to see if there is something that will work in your situation. You can also explore services.

Supported Decision-Making

In June of 2015, the Texas Legislature enacted a new chapter to the Texas Estate’s Code. This new chapter allows an alternative to Guardianship called Supported Decision Making. This allows an adult with capacity and with a disability to willingly enter into an agreement with another adult (Supporter) wherein the Supporter provides assistance in making life choices, such as housing, financial, employment and medical decisions.

Pros:

Cons:

Powers of Attorney

In an adult has capacity, they can execute Powers of Attorney for Medical or Financial decisions. These documents can take effect immediately or upon incapacity, depending upon the choice of the person signing them.

Pros:

Cons:

Directive to Physicians (Living Will)

A Directive to Physicians may be signed by an adult with capacity. This document tells your doctors whether you want to have all possible treatment or be kept comfortable in the event of a terminal or irreversible condition.

Pros:

Cons:

Trusts

There are many types of trusts, including Special Needs Trusts, Pooled Trusts, Trusts of Intellectually Disabled (MR) Persons, so it is possible you will find the one that fits your needs.

Pros :

Cons:

When Alternatives Don’t Work

Step Up to Protect Your Loved One!

You may find that the places you contact are unwilling to talk to you without a guardianship, even if you have other alternatives in place. You may find that an attorney is unwilling to prepare documents for the disabled person to sign because he/she does not believe the person has capacity.

If these or any other obstacles block your way, then keep good records so that you can demonstrate clearly to the judge that you are unable to communicate to obtain services and information. Right now, the trend is for the courts to expect that you have exhausted all possible alternatives to guardianship. Click here to see a comprehensive list of alternatives prepared by the Tarrant County Probate Court

Since the judge may be reluctant to grant a guardianship, make sure you are well prepared with documentation and witnesses. Show the judge that a guardianship is not only the best option, but may be the only option for your loved one.

For more information about guardianship and guardianship alternatives, contact our office .

Is there a waiting period for divorce in Texas?

Fri, 15 Oct 2021 17:53:45 GMT

IS THERE A WAITING PERIOD FOR DIVORCE IN TEXAS?

Yes, 60 DAYS.

In Texas, the court can't grant the divorce until at least 60 days have passed since the divorce petition was filed.

There are two exceptions to this waiting period:

the responding spouse has been convicted of or received deferred adjudication for an offense involving

family violence against the petitioner or a member

of the petitioner's household,

the petitioner has an active protective order against the responding spouse based on a finding of family violence.

In these cases, a court can finalize the divorce more quickly and before the 60 day waiting period has passed.

Any type of divorce case, from a simple, uncontested divorce , to a highly contested asset and property division you want an experienced, highly-qualified, successful and accessible attorney. Whether it is a fierce divorce child custody battle or an appeal of a court ruling in a divorce,

Fort Worth Divorce Lawyer Bob Leonard stands ready to assist you from start to finish.

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NAVIGATING THE FARM AND RANCH DIVORCE

Tue, 12 Oct 2021 20:16:31 GMT

Navigating The Farm and Ranch Divorce

Divorce is complicated for farmers and ranchers. Whether you have a hobby farm, a horse operation, an agricultural crop producing farm or a large cattle operation, when you begin looking at division of assets there are a number of unique factors to consider.

Here are some examples of divorce situations we see in our law office (the names have been changed to protect privacy and stories combined to make it more interesting):

Separate Property, Community Property, Economic Contribution, Intangible Assets:

Cathy and Bill have been married for 25 years. When Cathy’s parents died 20 years ago, Cathy inherited one-third of their ranch and then Cathy and Bill purchased the remaining shares of the property from Cathy’s sisters. Over the years, Bill worked hard to develop premiere cattle operation while Cathy ran the house, raised their 4 children, taught school, served on the local chamber of commerce and is currently an elected member of the statewide Texas and Southwestern Cattle Raisers Association board. Now that the children are gone, Cathy wants a divorce. Bill wants to keep the ranch he has worked for 20 years but Cathy wants to keep it because she says it is her family ranch and her work in the community is why the ranch is successful today.

Community Property, Business Valuation, Operating Agreements:

Jim and Susan own a successful cattle ranch and farm property, breeding and raising both cattle and horses. Susan is also a cutting horse trainer with a state-of-the-art horse facility. Jim and Susan just entered into a partnership with a veterinarian embryo transfer program for both horses and cattle. Jim and Susan agree it is time for a divorce. They each want to keep their business investment and they think they may be able to continue as business partners after their divorce because they work well together.

Property Characterization, Asset Valuation, Non-economic valuation

Linda and Joe have built their heirloom chicken and goat farm from the ground up. In addition to a successful internet chicken sales company, they invested a significant amount of their savings into an onsite manufacturing facility for goat milk products including soaps, lotions which is just beginning to take off. Joe has worked as an engineer throughout in order to provide a steady income stream, leaving Linda with much of the day- to-day operation of the farm. Joe spends his evenings, weekends and vacations improving the property. Joe developed and oversaw the goat milk manufacturing venture start-up. Linda says since she has been hands-on, the property and business are more hers, but she will need spousal support to keep the new business going. Joe says without his income and management the farm would not have succeeded and he believes it is more his; he says he can hire someone to do what Linda does. In addition, Jim says Melissa cannot afford to keep it going financially and she does not understand business.

Separate Property, Economic Contribution, Asset Division, Personal Goodwill:

Jerry and Melissa have a horse training facility and a large hay operation on acreage that was owned by Melissa prior to the marriage. As a former rodeo star, Jerry brings in lots of clients who want to learn from the best and he invested most of his considerable earnings in the facility and in the hay equipment. Melissa has a good head for business and handles that part of the operation. Melissa’s brothers run the hay operation. Melissa wants to travel and pursue other opportunities in a city, but she wants a share of the training facility and all of the hay operation. Jerry says the training facility would not be successful if he had not been well-known rodeo cowboy.

Texas Family Code:

According to the Texas Family Code, the judge “shall order the division of the estate of the parties in a manner that the court deems just and right.” Complex issues, including characterization of property (determining if property is separate of community), economic contribution, personal good-will and valuation are integral to most arguments. Your attorney can work with you to protect your interest in your farm or ranch.

Navigating Unique Factors, Farm and Ranch Divorce:

First of all, we can evaluate the business using specific business evaluation models and projections. Depending upon the nature of the business, this may require expert consultation. Next we can work with you to carefully review the business operations and the contributions made by each of the parties. This includes not only the livestock or facility valuations and day- to-day operations, but also the ‘back office’ business operations, the financial contributions and the intangibles such as customer base, name recognition and good will.

Once we have a clear picture of the community assets, we can work with you to ensure that your divorce property division is fair to you. Some couples choose to stay in business together and we can work to ensure that the divorce decree addresses all issues that could arise later. An additional agreement (operating agreement) incident to the divorce may be employed as well. Having a clear agreement saves litigation costs later on.

If staying in business together after a divorce is not possible, then we can work with the parties to find creative solutions to divide the community property.

As a rancher or farmer, if you are considering divorce, be sure to contact an expert attorney in both business and property division. that can help you navigate these difficult community property questions and develop a solution for your future. You work hard; let us work hard for you.

If our Board Certified Family Law Attorney at the Bob Leonard Law Group can help you resolve some of these issues and put your mind at ease, please give us a call at 817 336 8500.

This is for informational purposes only. Please know that your case is unique and you may need to hire an attorney to give you information specific to your situation.

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What is Family Law? And Why Hire A Family Law Attorney?

Mon, 20 Sep 2021 14:54:54 GMT

Adoption, Child Custody, Divorce and More . . .

Family Law = Divorce * Adoption * Child Custody

Family Law encompasses such a broad area of issues, it is extremely likely you, a friend or family member will be involved in a family law case at least once in your lifetime. Are you involved with or considering Divorce? Child Custody battle? Adoption? You need an expert family law attorney today.

Pre Nuptial Agreements:

Prior to your marriage you may wish to create a contract to deal with property you or your fiancé/fiancée already own or may acquire during your marriage in the event of a divorce or the death of a spouse. This document is only necessary if you are choosing to do something that is different than the way Texas Law addresses community property (property earned or acquired during marriage). Our family law attorneys can assist you in creating a document that achieves your intended purpose. It is always best to have an experience family law attorney prepare the pre-nuptial agreement so that you are sure: 1) the document is completely clear; 2) the document is executed properly; and 3) there are no unintended consequences.

Post Nuptial Agreements:

Once you are married, you and your spouse may wish to create a contract to deal with your assets in the event of a divorce or the death of a spouse. This document is only necessary if you and your spouse choose to characterize your property differently than Texas Law would characterize it. You absolutely want a qualified family law attorney to handle this for you to be certain that: 1) the document is completely clear; 2) the document is executed properly; and 3) there are no unintended consequences.

Adoption :

Whether it is a family placement, a step-parent adoption, adoption with a termination or other type of adoption, you need an adoption attorney who knows the law and can ensure that your adoption is done properly so that there are no issues later on.

Divorce :

From a simple uncontested divorce to a high asset, complex divorce or a divorce with child custody complications, your divorce attorney will protect your property and your children. Although there are “DIY” divorce forms available, it is important to hire an attorney to make certain that your final order is accurate and enforceable.

Child Custody :

Protecting your children is your priority and it is our priority as well. When children are involved it is especially critical to review every issue carefully and formulate an order that is both workable and enforceable. Although we hope it never happens, if there are later disagreements, it is important that the final order is clearly written and offers all possible protection for your children. If your case involves children, it is even more important to hire an expert child custody attorney to protect your

Enforcement:

Sometimes the other party will not follow the order. Sometimes he/she: a) won’t pay child support; b) won’t let you see your children; c) won’t give you insurance information; d) won’t return the children to you; e) won't sign the passport paperwork. When this happens, you need a skilled attorney to prepare, file and litigate an enforcement of your order.

Modification:

Despite best efforts a divorce decree or modification (SAPCR) order may not be workable. Parties can agree on change or one party may need to pursue court action to make a change. In either case, a child custody specialist will work to achieve your goals.

Bob Leonard, Jr. is Board Certified in Family Law by the Texas Board of Legal Specialization. This is something fewer than 1 % of Texas attorneys can claim. This means Bob is a family law expert. If you need a divorce attorney, adoption attorney, child custody attorney or other family law case hire an expert today.

This is for informational purposes only. Please know that your case is unique and you may need to hire an attorney to give you information specific to your situation.

Legal Services

Call our office today to speak to an expert family law attorney

DIVIDING RETIREMENT ASSETS ON DIVORCE

Wed, 25 Aug 2021 22:51:00 GMT

Important Issues Regarding Retirement Assets

Often, retirement accounts are the largest asset that the family has. It is important to understand issues regarding these accounts to ensure that you have the best shot at an advantageous settlement or trial.

When there are retirement assets involved in a divorce, there are special considerations to understand. Retirement assets might include such plans as the following:

Each of these come with their own set of challenges. What works for one might be a disaster for another. If your attorney does not recognize that distinction, then you could be severely disadvantaged.

We see three serious mistakes that attorneys often make in dealing with retirement plans:

They fail to properly value the plans. Often the employee, the employee’s spouse and even the attorney rely on the “value” of the plan as listed in the plan statements. Not only is this frequently NOT the true value, the true values are sometimes several TIMES this amount. If you don’t know that value, then you could easily lose a significant part of the community property.

They fail to take tax consequences into account. There are significant tax consequences to many retirement plans. A pension is different than a 401(k), which is different than an IRA, which is different than a Roth IRA. If your attorney does not adjust the value of the plan for taxes, then how can you even make a decision on settling the estate.

They fail to take the difference of the spouses’ tax situation into account. Again, if you don’t look at the different tax circumstances of the parties, you may be leaving money on the table. With good tax planning, it might be possible to reduce the overall tax effect of the divorce . If you do that, then “Uncle Sam” may have just funded part of your divorce.

There are other things to look at in dividing retirement plans in a divorce, but these are three of the most common AND the most overlooked.

When either party to a divorce has some form of a retirement plan, it is imperative that you seek qualified advice before you make any moves. We have seen many cases where the other party has left quite a bit of money on the table. Don’t let that happen to you.

Also see

Mortgage and Divorce

Board Certified Family Law Attorney Bob Leonard

Law Office of Bob Leonard Law Group, PLLC

Open: Monday-Friday, 8:00 AM to 5:30 PM

Fort Worth, Texas

COVID-19 Policies and Procedures Update 2021

Sat, 14 Aug 2021 00:28:00 GMT

Our office is fully open for business, although much of our business is still virtual. We continue to take every precaution to protect our clients, prospective clients and our employees.

Please see below for specific policies and procedures.

In Office Will Signings

In-office, in-person Will signings are available. All participants, even those who are fully vaccinated, must wear masks, maintain distancing and complete an intake form prior to attending.

In Person Document Management

Staff members are available by appointment for pick-up and delivery of documents and for notarization of documents. Clients and staff are required to wear masks, even when fully vaccinated.

Court Hearings and Trials

Mediations

WHEN SHOULD I PROBATE?

Fri, 25 Jun 2021 18:46:00 GMT

Should I Probate? Settling an Estate is Important to You AND to Your Heirs.

WHEN SHOULD I PROBATE?

We get several calls a week asking the question, “Should I probate?” Probate is a term used by most people for anything that happens to settle an estate after a person dies. Technically, “probate” applies only when there is a will and that will is presented to the court for probate. However, for purposes of this message, we will use the word “probate” as a loose term to mean “settle an estate.”

So, even if there is no will and you don’t need to probate, please don’t think you do not need to settle the estate of your loved one. In fact, there are many reasons to do so.

The single most important reason is to ensure that your property rights and those of your heirs or beneficiaries are protected. Following you will find two situations we face commonly in our probate practice. If you are thinking, should I probate my wife’s estate, read on.

My Spouse Died and I want to refinance the house. Should I Probate?

Mary and Joe were married for 50 years; they had no children. About a year after Mary died, Joe decided to do some major work on the house and applied for a home equity loan. The lender told Joe he does not own the house. What’s up with that? They bought the house together and Mary is gone, so why doesn’t Joe own the house?

Everything they owned, they bought during the marriage, so when Mary passed, everything was now Joe’s, right? Since Mary did not leave a Will, there is nothing to probate. Since they had no children, together or separately, everything does, in fact, go to Joe according to Texas’ Intestate Succession law . But without the proper paperwork, Mary’s estate still owns her share of the house.

If your spouse has passed and there are no children, hire a qualified probate attorney who can prepare an Affidavit of Heirship. This document shows that you are the heir to the property. It can be filed in the Deed Records division of the county where the property is located. The only caveat here is that the lender may not accept this document. Be sure to ask the lender before you undertake the process.

What if the lender won’t accept an Affidavit of Heirship? If the lender will not accept an Affidavit of Heirship, and many will not, then hire a qualified probate attorney to prepare and file an Heirship in the probate court. Some lenders will want an Heirship with Administration, so, again, be sure to check with the lender before you start the process.

My Mom Died and My Dad left me the house. Should I probate?

Let’s say that Mary and Joe were married for 50 years; they had two children together. About 5 years after Mary died, Joe died. Joe had a will leaving the property to his two children. The children hire an attorney to probate the will and the attorney asks them if Joe probated Mary’s estate. “She didn’t leave a will, but Dad got everything,” they tell the attorney.

That isn’t exactly accurate. Again, because Mary and Joe were married and had both children together, everything went to Joe. But without the proper paperwork, Mary’s estate still owns her share of the house and even though Joe left it to his children in his will, his will can only dispose of property that belongs to him. He can’t leave them the portion that still belongs to Mary’s estate.

In order to inherit the house, the children will have to handle Mary’s estate in addition to probating Joe’s will.

These two situations have relatively simple solutions. In the first situation, we can do the simplest thing the lender will allow in order to handle Mary’s estate so that Joe can refinance the house. In the second situation, we can do an Affidavit of Heirship or other heirship proceedingshowing that Mary’s property went to Joe as her heir. Then through the probate of Joe’s will we can honor his bequests to his children as his beneficiaries.

What if I Don’t Probate?

Please be aware, when you ask the question, “should I probate,” that your situation can become far more problematic if there are other issues, including:

In short, when you ask yourself, “Should I probate?, look at all of the ramifications of not settling the estate.

Experienced, Professional Probate Attorney

If you need probate advice or assistance, contact us now .

Fort Worth Restaurants “Step Up to the Plate”

Sun, 02 May 2021 18:31:00 GMT

The restaurants in our city and around the country have suffered tremendously the past year and a half. We love our local restaurants and have made the commitment to support our local restaurants for all meals at our office.

We want to offer our thanks and appreciation to the restaurant owners and employees who are working to keep some normalcy by offering drive up dinners. Be sure to give them your support!

https://www.fortworth.com/coronavirus/restaurant-updates/?fbclid=IwAR1cj_r9MUIfcIBGTjOGrAYU5hqJo_wIniophE6R0Bb4Ze5DOQp8WI5OSgs

WHAT YOU NEED TO KNOW ABOUT MORTGAGE AND DIVORCE

Thu, 25 Feb 2021 04:04:00 GMT

Things you should know about your mortgage and divorce

Lender May Not Release Spouse from Liability on the Mortgage After Divorce is Final

Often mortgage companies base their loan qualification on dual income of the parties. Because the loan was based on both parties’ income, one or the other may not qualify for the note alone. Many mortgage companies will not release a party from liability on the mortgage, even if the divorce decree makes the other party liable. Texas family courts cannot force a lender to release a party. Therefore, both still end up liable on the mortgage for a house when only one party actually owns the property.

Options for Divorcing Couples with a House

One solution is to sell the house and split the proceeds if there is any equity. On paper, this is the simplest route to take. It is the only option if one part wishes to be “off the loan” and the lender is unwilling to refinance to the other party alone.

Although this sounds simple, there are factors to consider: 1) The real estate market may dictate that it is not a good time to sell; 2) The parties may want the children to be able to stay in home they know; 3) One party may be able to afford and want to stay in the home.

A second solution is for the party who is staying in the house to refinance the house. If the spouse who keeps the house does not qualify alone, it may be possible to obtain a co-signer. This achieves getting the other person off the loan.

If you cannot refinance and do not want to sell your home, your divorce lawyer can prepare deeds for you.

Special Warranty Deed for Spouse Keeping the Home

A second solution is to provide the parties with two separate “deed” documents. The first document, given to the party who is keeping the house, is called a Special Warranty Deed. The second document, for the party giving up the house, is called a Deed of Trust to Secure Assumption.

The Special Warranty Deed allows the party giving up title to the house (Grantor) to assign all legal title in the house to the party receiving the property (Grantee). The Special Warranty Deed grants the Grantee any and all interest in the property that the Grantor had. At this point, the Grantor no longer has any legal interest or ownership in the property.

If you are the Grantor, bear in mind that the Special Warranty Deed does not change your obligation to the mortgage company . If you are still on the note, you are still liable for the payments unless the mortgage lender allows a refinance or is willing to take you off the loan.

Deed of Trust to Secure Assumption for Spouse Giving Up the Home

So, how do you know that the Grantee will make the payments on the mortgage? You don’t; things happen. That is where the Deed of Trust to Secure Assumption enters the picture. Basically, if the Grantee fails to repay the mortgage lender or the Grantor, the Grantor can foreclose on the property. The Grantor is just like any other creditor.

Generally, the party who is keeping the house agrees to pay the house note. If they do not make the payments, the Deed of Trust to Secure Assumption lets the Grantor step back in. He/she can take over payment on the debt to protect his/her interest in the home. If the Grantor has to pay the lender for any of the debt that Grantee assumes, then Grantee must repay Grantor for all of those expenses, plus any attorney’s fees and other costs that the Grantor pays. You should note that collecting from a person who cannot afford to pay their mortgage is not an easy task.

Still In Business with Ex after Divorce

Although these deeds serve as a mechanism allowing one party to keep the home, both parties need to be fully aware of the ramifications. In particular, the Grantor needs to understand that:

1) he/she is still on the note and it will show up as a debt on his/her credit report. Depending on other assets and income, this can affect your ability to purchase another home

2) he/she is still liable for the debt in the eyes of the mortgage company. If the other party does not pay, the mortgage company will expect you to pay

3) he/she is still tied to the other party until the loan is paid in full, which could be a long time; If you are only two years into a 30 year mortgage, you have 28 years left to pay off your home loan.

In short, as the Grantor, you are responsible for the house even though you no longer have an interest in the house. As the Grantee, your ex will be checking up on you to make sure you are paying the mortgage on time.

You will technically be “in business” with your former spouse until the mortgage is paid in full. As with any business venture, be sure your partner is sound financially or be willing to make up any deficiency. Make sure your partner is someone you can work with over the long haul. Since you are getting a divorce, do you really want to remain business partners?

“In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage. ” ( https://statutes.capitol.texas.gov/Docs/FA/htm/FA.7.htm )

Depending on the amount of property available to award in a final decree of divorce, the Judge may award one spouse the residence and make that spouse responsible for the note, or mortgage, on the house.

So, what can you do to minimize your liabilities and maximize your assets in your divorce?

For more information on mortgage and divorce

Contact a family law expert. Call today — Board Certified Family Law. Fort Worth Divorce Attorney Bob Leonard , Jr. of the Bob Leonard Law Group, PLLC.

10 Best Law Firm Award Client Satisfaction

Thu, 04 Feb 2021 21:11:00 GMT

10 Best Law Firm Award Client Satisfaction

The hand-picked family law legal team at Bob Leonard Law Group made the 10 best family law list.

The American Institute’s Family Law Division recognized the excellence of the 10 best practitioners in the family law field for 2020.

According to The American Institute of Family law , “Many attorney’s can achieve high degrees of success but this is often times at the expense or satisfaction of the most important person in the case- the client.”

“American Institute’s Family Law Division looks for Attorneys that have achieved unparalleled success but most importantly have done so for the benefit of their client. Very few Attorneys can do so and our organization recognizes this significant achievement”.

According to the American Institute, the “rating system helps clients throughout the United States make educated decisions when it comes to choosing their attorney. Membership is an exclusive honor and extended only to those selected few who have reached the top of their profession while doing so with the client’s satisfaction being of the most paramount importance.”

We are so proud of our Senior Attorney Bob Leonard and our entire legal team for making the American Institute of Family Law ’10 Best Law Firm Award Client Satisfaction.’ The family law team at Bob Leonard Law Group, PLLC, provides the highest level of service and professionalism in Family Law including divorce, custody, adoptions and modifications.

CONGRATULATIONS, BOB AND KELSEY AND THE ENTIRE FAMILY LAW TEAM!

EVERY WIN IS A TEAM WIN!

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Adoptions for Christmas: From an Expert Adoption Lawyer

Wed, 28 Oct 2020 23:52:00 GMT

Adoptions for Christmas: Best gift ever

From an Expert Adoption Lawyer

Adult Adoption is a wonderful way to honor the ones who raised you this Christmas.

Adoption is a lifetime gift. It is a gift to the parents and to the child who is adopted. It is a gift to the extended family who gains one more person to love.

Agreed Adoption is Simple

In Texas, the adoption process is a relatively simple one provided all parties are in agreement. If you are considering adoption this year, whether it is an adult adoption, foster adoption, step-parent adoption, private adoption or adoption through a placement from the state, now is the time to begin.

If you have been considering adoption, this is one thing you can get started on right away. Right now, the courts in Tarrant County and Parker County are handling many things by Zoom and you may be able to complete your adoption without leaving home. This year, we have all had to put things on hold and most of us need something to look forward to. What better gift for your family than adopting?

Contact the Attorneys at Bob Leonard Law Group, PLLC help for Christmas Adoption

Adoption to Fit Your Needs

Because adoption comes in many different forms, our attorneys are well-equipped to handle your:

The Bob Leonard Law Group, PLLC family law team, headed by Board Certified Family Lawyer Bob Leonard, Jr . and family law attorney Kelsey McGlothin , is ready to assist you now.

Legal Services

Downloadable Medical Power of Attorney

Mon, 04 May 2020 18:41:00 GMT

Downloadable Medical Power of Attorney form – As we deal with the COVID-19 coronavirus pandemic in North Texas , Bob Leonard Law Group, PLLC is open for business. Each day we receive several inquiries regarding a Medical Power of Attorney.

In order to assist our community, we have provided a downloadable Medical Power of Attorney form. This gives you the ability to create and sign your own Medical Power of Attorney through a simple on-line form. There is no charge for this service. We sincerely hope this gives you peace of mind and helps you in some small way today.

Instructions for Preparing Your Medical Power of Attorney

READ THIS DOCUMENT ⇐ to help you choose an Agent or Agents to serve using your Medical Power of Attorney.
ASK YOUR AGENTS if they are willing to serve. You can let them review the document from number one to help them decide.
REVIEW THE SAMPLE FORM ⇐ to help you choose your agent. The Sample Power of Attorney form provides you with the information you will insert into each section of your document. Please read it carefully before you begin.
DOWNLOAD MEDICAL POWER OF ATTORNEY FORM ⇐
FILL IN the document. You can fill it in on-line or you can print it and fill it in by hand (If you choose to fill it in by hand, make sure your handwriting is completely legible).
PRINT the document. DO NOT SIGN THE DOCUMENT YET.
SIGN the document in front of two witnesses OR a Notary Public. There are notaries available at most banks, and at some places of business. Be sure to look at the criteria for witnesses in the sample document.
MAKE COPIES and provide a copy to each of your agents and to anyone else you believe should have a copy. Your agents should keep a copy in a place that is readily accessible.
STORE your original in a safe place in the location listed in the document.

If you have questions or need more information about additional estate planning documents, including a Will, Statutory Durable Power of Attorney or Designations of Guardian, please contact our office.

Please mark this page and check back with us; if this works, we plan to upload a form so that you can complete your Directive to Physicians (Living Will) and Designation of Guardian for Children very soon.

This document is for your use. It does not create and attorney client relationship. We are not providing you with legal advice.

Speak With An Experienced Fort Worth Family Lawyer ,

Call Today! 817-336-8500

Designate Summer Possession by April 1st

Sat, 28 Mar 2020 00:12:00 GMT

Reminder Notice to Parents Who Share Custody (Conservatorship)

Don’t Forget! Designate your summer possession schedule by April 1st!

Designate Summer Possession by April 1st, Corona Virus (COVID-19) does not change your order.

April 1 ^st is a significant day for parents who share custody of their children. In the standard possession order and even most custom possession orders, April 1 ^st is the deadline for the non-primary parent to designate the dates for which they will have possession of their child over the summer break.

There may be some restrictions on the dates you can choose. For example, the order may state that possession cannot start earlier than the day after the child’s school is released for summer break. Or your order may state that your dates cannot end later than seven days before the child’s school resumes.

Please know that as of now the courts expect that you will use the dates school would normally let out for summer and the date school would normally start back up in the fall. Corona Virus (COVID-19) does not change your order.

Particularly this year it may be important to designate your requested summer possession dates since your schedule, the other parent’s schedule and your child’s schedule have been disrupted.

In addition, the final decree or order in your SAPCR (Suit Affecting Parent-Child Relationship) can specify that your summer possession must be exercised in no more than two separate period of at least seven consecutive days.

Designate Your Weekend Possession During the Other Parent’s Summer Possession by April 15th

Designate your weekend during the other parent’s summer possession by April 15th!

April 15 ^th is another significant date because the standard possession order allows the primary parent to designate a weekend for which they will have possession of the child during the other conservators extended summer possession. This notice must also be in writing and there may also be restrictions on the weekend that may be chosen such as that it cannot interfere with either parent’s Father’s Day possession.

Please review your final order or temporary order carefully to see if any of these dates apply to you. Make sure you provide notice prior to the date listed in your order and in the manner the order states. If you choose to do nothing, the summer possession dates most often default to begin on July 1 and end on July 31.

If you have any questions regarding your summer possession schedule or how to provide notice to the other parent conservator of your requested summer possession dates, please contact us at (817) 336-8500.

Access Your Attorney Corona Virus (COVID-19)

Tue, 24 Mar 2020 21:46:00 GMT

Your Secure Client Portal Provides 24 Hour Access to Your Attorney

Secure Client Portal Gives Round the Clock. You Can Access Your Attorney

Schools are shut down. Restaurants are shut down. Many other businesses are shut down or are highly restricted as to what they can do (No more than ten people gathering at once, for example.) Importantly to us, the courts are somewhat shut down; they are generally hearing only emergency or urgent matters. At the Bob Leonard Law Group, we are generally carrying on normal operations.

The degree that this pandemic affects the courts is different, depending on the county. Some counties are just suspending jury trials, while some are suspending all non-emergency trials.

Nearly ten years ago, we adopted a “client portal” for communicating with our clients and sharing documents. Until now, this has been a tremendous benefit for both us and our clients. Now, it is truly a “game-changer.”

Shortly after we moved to the client portal system, the Supreme Court of Texas ordered that courts begin the use of electronic filing for documents. Again, this was beneficial to our practice; now it is essential.

Virtual Law Office is Always Open

In addition to the portal and electronic filing, several years ago, we were adversely affected when the electricity in our building was off for two weeks due to an ice storm. We were forced to work remotely.

Virtual Office is a “Game Changer” for Our Clients

At that time, we decided to move all of our essential services to the “cloud.” We wanted to be in a position, if something like that happened again, that we could get right back to work within a day. It took several months, but we finally achieved our goal. I can now pick up my laptop (or buy a new one if mine is destroyed – which sometimes happens), log into our various secure on-line accounts, and be up and running very quickly. Our whole office has that capacity.

Because of this, our entire team can seamlessly serve our clients during this time. Sure, there will be issues, but we will figure them out. As I write this, our Executive Assistant is preparing for remote notary capability.

Interestingly, most of us had planned to work remotely this week and next week, anyway. We are expanding our offices and have about two weeks of construction and painting going on in the office. Other than the one person coordinating the construction, no one planned on being in the office for a week or two. We were planning on working remotely, even without the action necessitated by COVID-19.

However, we can extend that, if necessary, for as long it takes.

Adult Adoptions in Texas: From an Expert Adoption Attorney

Sat, 21 Mar 2020 16:12:00 GMT

Adult Adoptions in Texas: From an Expert Adoption Attorney

When a child becomes an adult, he or she often wants to formally acknowledge the person or persons who raised him. Usually it is a step-parent, but sometimes it can be another adult who has assumed a parenting role for a child. It is a very simple process.

Biological Parents Do Not Have to Agree

As an adult, this decision is independent of the proposed adoptive child’s biological parents. They are not entitled to be notified or to consent to the proceeding.

Custody Battle: The Golden Rule From an Expert Divorce Attorney

Wed, 05 Feb 2020 23:08:00 GMT

Custody Battle:

The Golden Rule From an Expert Divorce Attorney

Every day people find themselves in a custody battle. Do moms always win? Do dads always win?

In Texas, each parent begins with equal rights and responsibilities regarding their children. Because of this, you have the same opportunity to have quality time with your child. It also means you have the same responsibility to care for and support your child.

If you and the other parent do not live together (divorced or never married), you have the ability to reach an agreement with respect to the amount of time each will spend with the children, Althought it is a separate issue, you also can agree and the amount of money (child support) required to support the child.

Texas Courts and Custody

If you cannot reach an agreement on your own, you will look to the courts to settle your custody battle. The judge will order a schedule in the best interest of the child(ren). Read this for the custody winning edge.

Who Wins the Custody Battle? YOU DO!

Reading these think of the “golden rule.” Apply it in all your dealings with the other parent. Whether you want to have primary custody, a standard possession schedule, 50-50 custody or something else that works for your family, you will do better in court if you “Do unto others as you would have them do unto you.” The judge does not want to know what is best for you, the judge will create a final order that is in the best interest if the child.

However, we are here to help you. Believe me, we know it is hard to co-parent with someone you do not like or agree with. We get that. Nobody is perfect and you may have made some custody battle mistakes already. We can work with you.

If you have a custody battle, you need a highly qualified family law attorney to prepare and present your case. Call our office today if you need a custody lawyer.

Video tour of Bob Leonard Law Group Fort Worth Child Custody Attorney . Your Safety is important to us.

Best in Fort Worth Award-2020

Fri, 17 Jan 2020 23:34:00 GMT

Best of Fort Worth Award – Bob Leonard Law Group was selected for Best award by Fort Worth Local Business.

Best of Fort Worth Award Program (FWAP) Honors the Achievement of the legal professionals at Bob Leonard Law Group.

FORT WORTH January 10, 2020 — Bob Leonard Law Group, PLLC has been selected for the 2020 Best of Fort Worth Award in the Local Business category by the Fort Worth Award Program.

Each year, FWAP identifies companies that we believe have achieved exceptional marketing success in their local community and business category. These are local companies that enhance the positive image of small business through service to their customers and our community. These exceptional companies help make the Fort Worth area a great place to live, work and play.

FWAP was established to recognize the best of local businesses in our community. Our organization works exclusively with local business owners, trade groups, professional associations and other business advertising and marketing groups. Our mission is to recognize the small business community’s contributions to the U.S. economy. Recognition is given to those companies that have shown the ability to use their best practices and implemented programs to generate competitive advantages and long-term value.

Various sources of information were gathered and analyzed to choose the winners in each category. With Focus on quality, not quantity. Winners are determined based on the information gathered both internally and data provided by third parties.

(SOURCE: Fort Worth Award Program)

PRESS RELEASE

We are so proud of our Senior Attorney Bob Leonard and our entire legal team for this recognition for the 2020 Best of Fort Worth Local Business Award . The team of legal professionals at Bob Leonard Law Group, PLLC, provides the highest level of service and professionalism in Family Law and Probate Law.

CONGRATULATIONS, BOB!

BLLG KNOWS EVERY WIN IS A TEAM WIN!

FAMILY LAW AND PROBATE ATTORNEY BOB LEONARD

Senior Attorney Bob Leonard Jr. ( Robert W. Leonard, Jr .) is Board Certified in Family Law by the Texas Board of Legal Specialization, a claim that fewer than one-percent of Texas lawyers can make. Bob has been serving citizens since the 1980s when he was an elected State Representative for western Tarrant County. Our Family Law and Probate Law Firm in Fort Worth, Texas serves clients in Tarrant County, Texas and Parker County, Texas.

Legal Services

Power of Attorney, A Way to Honor Loved Ones?

Thu, 05 Dec 2019 02:35:00 GMT

Should I Have Power of Attorney?

Serving with a Power of Attorney is a way to honor your loved one. Are you qualified? Are you ready?

You have been asked to serve as an agent in a power of attorney document. First, congratulations on the incredible trust placed in you. While it is an extreme honor that someone has chosen you to make decisions on his/her behalf if they are no longer able to do so, it is a great responsibility and should not be entered into lightly. Second, you should know exactly what you are agreeing to before you accept the position. For example, do you know the answers to these questions?

What is a Power of Attorney?

Although there are many possible iterations and specific situational documents, these are the two most common:

Statutory Durable Power of Attorney:

A Statutory Durable Power of Attorney is a document that names a person or persons (agent) to make financial decisions or make business decisions for someone who cannot do so on their own. This could be someone who is incapacitated due to illness, dementia, accident or another life-changing event that renders a person incapacitated.

Medical Power of Attorney:

A Medical Power of Attorney is a document that names a person or persons (agent) to make medical decisions or healthcare decisions for someone who cannot do so on their own. This could be a someone who is incapacitated due to illness, dementia, accident or another life-changing event that renders a person incapacitated. Downloadable Medical Power of Attorney form

What does a Power of Attorney Do?

The Statutory Durable Power of Attorney gives the agent the authority to act on behalf of the individual who granted it. If you are named in the document, there will be a list of powers you have, which can include: Real property transactions; Tangible personal property transactions; Stock and bond transactions; commodity and option transactions; banking and other financial institution transactions (generally the agent is prohibited from changing beneficiaries on annuities or life insurance policies); Estate, trust and other beneficiary transactions; Claims and litigation; Personal and family maintenance; Benefits from social security, Medicare, Medicaid or other governmental programs or civil or military service; Retirement plan transactions (generally the agent is prohibited from changing beneficiary designations); Tax matters; and Digital assets and the content of electronic communication.

The Medical Power of Attorney (which will include a HIPAA release to provide access to medical records) gives the agent the authority to make all healthcare decision on behalf of the person who granted it. If you are named in the document, you will be able to make a broad range of medical and healthcare decisions, including consenting to treatments, refusing to consent to treatment and even withdrawing or withholding life sustaining treatment. Consent to abortion is not included and certain mental health treatment is not included, but there are some provisions concerning mental health that can be addressed in a different document.

When does a Power of Attorney Start?

A Statutory Durable Power of Attorney may become effective immediately, on a specific date or upon disability or incapacity of the person who grants it.

If you are named in a Statutory Durable Power of Attorney, read the provision in the document regarding when it becomes effective. If it becomes effective immediately, or on a specific date, it is simple to know when it starts. If it becomes effective upon disability or incapacity, this is a sample of the language it will include:

“I shall be considered disabled or incapacitated for purposes of this power of attorney if a physician certifies in writing at a date later than the date this power of attorney is executed that, based on the physician’s medical examination of me, I am mentally incapable of managing my financial affairs. I authorize the physician who examines me for this purpose to disclose my physical or mental condition to another person for purposes of this power of attorney.

A third party who accepts this power of attorney is fully protected from any action taken under this power of attorney that is based on the determination made by a physician of my disability or incapacity. After having been certified as being incapable of managing my financial affairs, if a physician certifies in writing at such later date that, based upon such physician’s medical examination of me, I have regained the mental capacity to manage my financial affairs, then this power of attorney shall no longer be effective, and it shall become effective again only if a physician certifies in writing at a date later than the date I regained capacity that, based on the physician’s medical examination of me, I am mentally incapable of managing my financial affairs.”

A Medical Power of Attorney becomes effective when the person’s doctor certifies in writing that the person lacks the competence to make health care decisions.

Further, the document will have language similar to the following to assist in the process:

“In determining whether I am incapacitated, all individually identifiable health information and medical records shall be released to the person who is nominated as my agent hereunder, including any written opinion relating to my incapacity that the person nominated as my agent may have requested. This release authority applies to any information governed by HIPAA and applies even if that person has not yet begun serving as my agent.”

When does a Power of Attorney Stop?

Your Power of Attorney ends when:

What if there is more than one Power of Attorney?

A person can only have one valid Statutory Durable Power of Attorney or Medical Power of Attorney unless. If, for example, a person who has capacity to do so, executes a new Power of Attorney, the previous Power of Attorney is revoked. There will be language in the new document that clarifies this. The only exception to this is in a situation where a person wants to designate different agents for different tasks, for example, a person may choose an agent to handle a business or corporation and another agent for personal finances.

Should I agree to serve as Power of Attorney?

A Power of Attorney is a tremendous obligation. Make sure you are up to the task before you agree to serve. Here are some things to ask yourself and some things to consider before you agree:

Should I be named in a Statutory Durable Power of Attorney?

Are you willing to make tough financial decisions if you have Power of Attorney?

If you answered “no” to any of these or if you have any hesitation, you may wish to decline to serve. You can simply let the person know that you appreciate their confidence in you, but you are not able to serve in this capacity.

Should I be named in a Medical Power of Attorney?

Can you be emotionally strong in a medical crisis?

If you answered “no” to any of these questions, or if you have any hesitation, you may wish to decline to serve. You can simply let the person know that although you deeply appreciate the consideration, that you are not comfortable in the role.

Risk vs. Reward: Power of Attorney

Having said all of that, if you do decide to serve as agent using a Power of Attorney , know that although it is a weighty responsibility, it can be an incredibly rewarding experience. If it is for a parent, you can have the unique opportunity to give back to the person who gave you so much. If it is for a spouse, you can truly demonstrate your ability to love and care for him/her in “sickness and in health.” If it is for a friend or other family member, you can honor your relationship by doing your very best to handle things the way he/she wants things handled.

Above all else, please know it is a personal decision that only you can make. If you ever need any assistance or just need us to answer a question for you, please do not hesitate to call our law office and speak to an estate planning attorney today.

Legal Services

Attorney Bob Leonard

Attorney Brady Odom

Post Divorce Information

Wed, 04 Sep 2019 17:55:00 GMT

POST DIVORCE INFORMATION THAT IS USEFUL

Post Divorce Information is part of the Bob Leonard Law Group’s “post divorce” form. We walk ALL the way through a divorce with each client. Our job as your divorce attorney includes doing our best to get you ready for the new chapter in your life on solid legal ground.

Once the judge drops the gavel telling you, “You are divorced,” you may have two different reactions now that your divorce is final: 1) you may leave the family courthouse believing the divorce is finally over and you can simply close that book; or 2) what do I do after my divorce? Before you close the book and start the next chapter, here are a few things to get you started on life after divorce.

Post Divorce: Useful Information

Your order is not final for 30 days. During that time, either party can file a motion for a new trial or ask the court to modify, correct, or reform the order. That time is also allowed for a party to appeal a case . You should consult with our office before doing anything that would be a problem if your case is appealed or if a new trial is granted.

Ask your divorce attorney questions

Post divorce tax returns are important

Understand your liability

Complete the post divorce details

Do you need to change the beneficiary designation in your will?

It important for you to realize that some estate planning documents (such as a Will or Power of Attorney) are automatically changed or revoked on divorce, but that is not true of all of them. Even more important, some beneficiary designations remain after divorce. Even though the Texas judge may award you your retirement, for example, unless you change the beneficiary designation, you now-former spouse will still receive the proceeds in many cases. You MUST change your Will and your beneficiary designation on ALL life insurance policies, retirement accounts, or other accounts as soon as the divorce is granted.

About the Author:

Bob Leonard of the Bob Leonard Law Group, PLLC, is Board Certified in Family Law and provides Divorce Attorney services in the family courts of Tarrant County and Parker County, Texas . BLLG also handles divorce appeals in the Tarrant and Parker Appellate Courts. Our law office is conveniently located near downtown Fort Worth and we offer the convenience of a satellite office in Azle, Texas for our Parker County clients.

A Will, A Probated Will And Your House

Tue, 20 Aug 2019 20:43:00 GMT

A Will, a Probated Will and Your House, The issues you can avoid.

Who REALLY Owns Your House?

We get a call from someone whose spouse has just died without a Will. They had a home that they purchased during the marriage. Maybe they have a lot of other assets and maybe the home is pretty much all there is. One other thing, the spouse had one of more children from a prior marriage. It happens ALL of the time. They do not realize without a Will or Probate it may not be your house.

The surviving spouse just wants to know one thing: “How do I get the house in my own name?”

Unfortunately, he or she is in for a rude awakening.

If there is no Will , then the couple’s property passed according to the law set out in the Texas Estates Code. That law provides, among other things, that if the deceased spouse had any children with someone who is not the surviving spouse, then the community property of the couple goes to the deceased spouse’s children, including both the children that he or she had with the surviving spouse and those with the other parent.

The surviving spouse only owns one-half of the house!!! And any other community property such as their bank accounts and savings.

There are other rules for the distribution of separate property (the kids get most of that, also) and property that has a beneficiary designation.

This is not an uncommon thing; we see it all the time. And, we are the ones who have to deliver the bad news. That is never fun.

So, what do you do about it? Easy, if the person has a Will then their property goes according to the Will. That way, if mom wants to leave everything to the kids she can, but if she wants to leave it all (or some of it) to her husband, then she can do that, also.

And, equally important, the Will must be probated . This is the other thing that we see frequently. A spouse leaves a Will that gives everything to the surviving spouse, but the Will is never probated. Generally, only the original of the Will can be probated and the Will generally must be probated within five years of death.

Assume that the wife has died. Five years after her death, the husband tries to sell the property. The title company tells him that it is still in his name and his wife’s name. Imagine his disappointment when he learns that it is too late to probate the Will and (to use the above example) the wife’s kids from a previous marriage are his “partners” in the house.

So, to sum it up, these problems would have been resolved if the couple each had Wills AND after the death of the first one, his or her Will was properly probated.

Where do I file a petition for probate in Parker County .

Where do I file a petition for probate in Tarrant County .

Eliminate the Need for Probate: Vehicles

Tue, 28 Aug 2018 22:03:00 GMT

Eliminate the Need for Probate

We get calls every week from folks who want to eliminate the need for probate. Probate refers specifically to the court process involving a Last Will and Testament. For this article we will call all actions taken in the Probate Court “probate.”

Following are some tips to handle things prior to your death so that those left behind may be able to avoid the probate process. Please be aware, that you cannot adequately cover everything, but depending on the assets in your estate, you might be able to help eliminate the need for probate.

At the very minimum you will be able to pass certain assets outside the probate process. These assets will belong to the person or persons you designate immediately upon your death. Let’s say, for example, the only thing you have is your vehicle . . .

Eliminate the Need for Probate: Cars and Trucks

Eliminate Need for Probate: Cars and Trucks

Beneficiary Designation for Motor Vehicles

Your car is one thing you can pass outside your estate when you die. The Texas Department of Motor Vehicles has Designation of Beneficiary for Motor Vehicle forms for use if you own your car or truck individually and want to leave it to a specific person outside your will. This doesn’t work for your company car.

Simply complete and submit the beneficiary form, an Application for Texas Title form, the title application fee and valid ownership evidence prior to your death and it is valid. You can revoke or change the beneficiary at any time. Be sure to let your beneficiary know about the bequest, because they have to act fairly quickly.

The beneficiary must submit a title application form, any application fees due, the original title or a print-out — you can get this from the county tax-assessor collector — and the death certificate within 180 days of your death or the car goes back into your estate.

Rights of Survivor Ownership Agreement for Motor Vehicles

If you own the car with a joint owner, then fill out the Rights of Survivorship form and record it with the office of the tax collector-assessor for your county. That way the other owner can complete the paperwork after your death and the car becomes his/hers.

The surviving owner submits a death certificate and an Application for Texas Title.

Affidavit of Heirship for Motor Vehicles

If you do not do either of these things prior to your death, your heirs can submit an Affidavit of Heirship for Motor Vehicles form to gain title to the car. If the car is the only thing they have to deal with, this will eliminate the need for probate. In many instances, there is no possible way to eliminate the need for probate; you can, however take care of your car or truck prior to your death.

All of the forms you need are available on-line, free of charge, at the Texas Department of Motor Vehicles website. Click here to review the forms.

For more information or to speak with an experienced

Tarrant County Probate and Estate Planning Attorney

Parker County Probate and Estate Planning Attorney

contact our office today

Attorney Service Areas

Thu, 16 Aug 2018 20:30:00 GMT

The Law Offices of Bob Leonard Law Group, PLLC 101 Summit Ave #300, Fort Worth, Texas, 76102

Attorney Service Areas are Tarrant and Parker County Texas

Attorney Bob Leonard Specializes in Family Law and practices Family Law in the Tarrant County Family Court and The Parker County Family Court.

BLLG’s Fort Worth Family Law practice includes adoption, divorce and child custody.

Tarrant County Family Law and Probate Attorney

Tarrant County Family Court Building 200 E Weatherford St, Fort Worth, TX 76196

Parker County Family Law and Probate Attorney

Fort Worth Attorney Bob Leonard Also Practices Probate Law In the Tarrant County and Parker County Probate Court.

BLLG’s Fort Worth Probate Law practice includes probate, probate administration, probate litigation, heirship, simple probates and guardianship.

Tarrant County Probate Court

Parker County Probate Court

Attorney Service Areas in Tarrant County

BLLG’s Fort Worth attorney service areas includes the following Tarrant County, Texas Cities, Towns and Municipalities.

Attorney Service Areas in Parker County

Texas Family Law Changes September 2018

Tue, 17 Jul 2018 21:47:00 GMT

September 1, 2018: Texas Family Law Change, Dental Insurance Required.

How Will The Texas Family Law Changes Affect Your Child Support?

Dental Insurance Required.

Effective September 2018! Texas Family Law Change: dental insurance coverage is a must according to the Texas Legislature. In 2015, the state amended the child support section of the Family Code with new law requiring dental insurance to be part of the medical support portion of child support orders. On September 1, 2018, the law takes effect. What does this mean? Additional child support obligations.

Adding dental insurance coverage expands the requirement of medical support beyond the current level of routine medical care. While many parents currently provide dental and even vision coverage when it is offered, up until now if was not mandatory. Now the courts can order dental insurance coverage along with medical support when calculating child support.

if a person is ordered to provide dental insurance and cannot obtain coverage at what the law deems a “reasonable cost”, then the person can be required to pay all dental expenses for the child who is not covered. “Reasonable cost” is defined as 1.5 percent of the annual resources of the child support obligor. The dental premium cost will be deducted from the obligor’s monthly net resources for child support calculation purposes in the exact same manner as health insurance premium costs.

This Texas Family Law Change applies to newly divorcing parents with children or parents who are entering into a new SAPCR (suit affecting the parent child relationship). It also applies to those seeking to modify current orders. If your support order was final before September 1, 2018 this Texas Family Law Change will not effect your current child support orders unless you are seeking to modify them after September 1, 2018.

Other Texas Family Law Change: Child Support Modification Criteria

Also effective September 1, 2018, parents will see changes to the rules surrounding child support modifications. Specifically, the change will affect child support payments that parents have agreed to but which do not follow Texas’ guidelines

Right now, the courts can modify a child support agreement that deviates from guidelines if:

The Texas family law change eliminates number three. The courts will require a material and substantial change in the child’s circumstances or the party’s circumstance to consider a child support modification. It used to be that the parent receiving child support could say, “My ex-husband is making a lot more money now; I want to increase my child support.” Not any more. Not unless there is a material and substantial change.

On the other side of the equation, if the parties have agreed to non-guideline support, it makes it more difficult to change it. For example if a party agrees to a lesser child support amount in exchange for something else, or for another reason, the party will not be able to go back on the deal without showing a material and substantial change in the child’s circumstances or the circumstances of the party.

Even if child support payments differ by 20 percent or $100 from the code’s guidelines after three years, custodial parents will no longer be able to petition the court for an increase in child support payments. The reason this is important is that it effectively eliminates increases in child support based solely on the obligor’s increase in income.

Are you having child support issues? Are you are facing a Divorce or Child Custody case? Do you live in Fort Worth or the surrounding areas of Tarrant County and Parker County? Texas Attorney Bob Leonard is Board Certified in Family Law .

Bob Leonard Law Group, PLLC

Speak with a family law & probate attorney today!

Call 817-336-8500

Final Divorce: Do I Have One?

Fri, 25 May 2018 00:45:00 GMT

Final Divorce?

Final Divorce 30 Days After Final Hearing

I frequently hear people say that they went to their divorce hearing and the divorce is now “final.” Not True. In Texas, all lawsuits, even divorces , are not final when the judge enters the order. They remain open for a period of 30 days. During that thirty days, either party can request a new trial or ask that the judgment be modified, corrected, or reformed. Once the thirty days passes, you can call it a final divorce.

Pitfalls to Final Divorce

However, even after 30 days, there can be changes in three circumstances. First, at any time, the judge can correct clerical mistakes. Second, for four years, a party can request a review of the case based on a very limited number of circumstances, usually involving a lack of due process. Third, a court can declare a judgment void if the original court did not have jurisdiction over the case.

Appealing Final Divorce Ruling

During the 30 days following the judge entering the final divorce decree, a party can ask the court to do something to change the result. This is also the time period for appealing the case to a superior court.

Beware of the strict deadlines for an appeal and the limitations involved. Things move rapidly and if you miss a deadline, you can’t appeal. If you are involved in a case and wish to challenge the results, contact an attorney immediately . Failure to do so could compromise any chance that you might have to better your position. If you do like the result, then don’t celebrate just yet; the other party still has at least thirty days to challenge your win.

Once you have a final divorce, make sure you complete the divorce process . Then you truly have a final divorce and a completed divorce and you can move forward with your life.

Bob Leonard Law Group, PLLC

Contact a Fort Worth Divorce Specialist Board Certified Family Lawyer!

817-336-8500

Custody FAQ’s

Thu, 10 May 2018 16:41:00 GMT

Custody is important

Do I Have Joint or Sole Custody? What Does that Mean?

Joint Custody = Parents share rights and duties with respect to the children. In this instance, both parents made decisions about medical, educational and other issues. Typically, one parent will have the right to designate the residence of the child; this person is referred to as the “primary” parent.

Sole Custody = One parent has the rights and duties with respect to the children. This parent is responsible for decisions about medical, educational and other issues.

What is Conservatorship?

Conservatorship is the word Texas uses for what we think of as custody. So when we say joint or sole conservatorship, that means joint or sole custody.

Are Custody, Conservatorship and Possession the Same?

Co-Parenting and Custody

Time with your child is important

Changing Custody

Enforcement and Contempt

Don’t take matters into your own hands. Don’t violate your orders. If your orders aren’t working for we will let you know your options. If the other party is not complying with the order, we will let you know your options.

Call our office today to get more information on your child custody issues. You need a family law expert on your side.

Summer Standard Possession Schedule

Tue, 10 Apr 2018 02:25:00 GMT

If you have a Standard Possession Schedule*, April is a very important month. Here are some tips to help make sense of what can be a confusing section of your court orders with respect to your children.

Standard Possession Schedule, Know the deadlines

April 1st, Deadline for Non-Primary Parent to Designate their Summer Possession Period

Most standard possession schedule orders allow the non-primary (not custodial) parent to designate up to 30 days with the child(ren) during the summer. This is called summer possession.

April 15 th Deadline for Primary Parent to Choose a Weekend and Extended Summer Possession Week

Father’s Day Weekend:

Almost all standard possession orders give Father’s Day Weekend to the father. This means:

Comply with Your Order

Whether you provide notice or rely on the default July possession, after April 1st summer possession is set. Both parties may agree to change it the schedule. Put your changes — even agreed changes — in writing.

Co-Parenting During Summer Possession

When it is within your power to cooperate with one another, please do so for the sake of your children. If you can work together to create a summer possession schedule that is better for all of you, please do. Put it in writing to prevent later misunderstandings.

* Standard Possession Schedule Overview:

In Texas, the law presumes that the Standard Possession Schedule Order is in the best interest of a child age 3 or older. See Texas Family Code Section 153.252.

The Standard Possession Schedule Order says that the parents may have possession of the child whenever they both agree . If the parents don’t agree, the non-custodial parent has the right to possession of the child at these times:

When the parents live within 100 miles of each other, the non-custodial parent has the right to possession:

When the parents live over 100 miles apart:

If you have any questions about your current schedule or we can help you with a child custody issue, please contact our law office . We can assist with:

Finish Your Divorce

Thu, 22 Feb 2018 23:59:00 GMT

DID YOU FINISH YOUR DIVORCE?

a few details may need to be followed up on to finish your divorce

We get a lot of different types of divorce cases in our Fort Worth law office , but one that seems to come all too often involves people who have been divorced, sometimes for days, but sometimes for years, but who did not do all that they should have to finish up the divorce. Sometimes we can solve the problem and sometimes we can’t.

One example is where one party was awarded real estate (the family home, perhaps) and does not take care to execute the paperwork to actually transfer the property. At the least, the person giving up the property should sign a special warranty deed transferring his or her share of the property. Once filed in the real estate records of the county where the property is located, then it not only transfers the property, but also serves as notice to third parties that they cannot buy the property from the person giving it up.

In the same example, if there is mortgage on the property, it is important for the person receiving the property to execute a deed of trust to secure assumption. Without that, it the receiving party defaults, it could come back against the other party who would have no interest in the property to protect him or her. That could prove to be an expensive mistake.

We not only ensure for our clients that these (and other) documents are properly signed and filed, but we also put language in the decree to help transfer the property if there is a problem getting the documents filed.

Another problem comes when certain financial accounts are divided. If you have a 401(k), an IRA , or certain other accounts, the divorce decree does not automatically divide them. For example, with a 401(k), there has to be a Qualified Domestic Relations Order signed by the judge and delivered to the plan administrator for the 401(k). The administrator then has to approve the order (they frequently don’t unless you use their forms) and it then the order needs to be rewritten and resubmitted. The entire process sometimes takes many months.

So, if there is a problem such as one of the ones described above (and there are plenty more, these are simply the most common), then can it be fixed. The answer to that is “maybe.” The Texas Family Code provides for enforcing the decree . It also provides, however, for certain statutes of limitation for filing to recover property. For example, to recover tangible personal property, you have to file to recover it within two years. There are other limitations, but the important thing to remember is that it is best to immediately collect your property; waiting could cause you to lose it.

Obtaining a qualified domestic relations order as described above has its own set of rules and must be followed precisely. It is important to obtain these as soon as possible because there have been cases where the other party drained the account and there was nothing left to get.

And property that was not divided at all has still another set of rules and limitations.

Finishing a divorce does not happen with just the decree. The language in the decree and the other documents that need to be signed are as important as the actual award. Without taking care of all of these matters, you might not “get” what you “got.”

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High-Asset Divorce Fort Worth | Weatherford

Child Support Solutions

Sat, 10 Feb 2018 00:31:00 GMT

Child Support is a Long Term Obligation

Solve child support issues.

Although the parents are no longer married or together, they are yoked for co-parenting. Most people can work through that given enough time. But child support? It creates a continuous conflict and this battle can go on until the children age out when they turn eighteen.

For some reason, child support payments cause resentment all the way around. The person paying support feels victimized and resentful. The person receiving support feels minimized and resentful. It is really hard to just think of it as being a parent; it becomes more about the other party than about the children.

The person paying the support (Obligor) says, “I am paying too much for child support; I can’t afford it,” or “all my money goes to child support,” or “she uses her child support for other things,” or, “I buy him things when he is with me, doesn’t that count?

Then the person receiving funds (Obligee) says, “I never get my child support on time,” or “my child support doesn’t cover the kids’ costs” or “she’s not paying my child support,” or, “He pays child support but won’t help me with dance lessons.” The truth is that children cost more than we anticipate and you have to come to terms with that fact and look at is an accounting issue not a parenting issue.

Advice for the Obligor (person paying child support)

First of all, unless support has been ordered at an unusually high amount, the amount paid is rarely enough to equal what it costs to raise a child. However, if your employment has changed and you no longer earn what you earned when the judge signed your order, you need to take action. Contact a qualified family law attorney right away so that you can work on reducing your child support legally. A verbal agreement with your ex isn’t enough. You need a new order.

Secondly, your child support obligation is calculated based upon your net resources. These resources include almost all income. If you want to know more about net resources and what is included, you can look to the Texas Family Code, Section 154.062 .

Third, the person receiving support is providing food, clothing and shelter as well as parental support to your child. She might use her paycheck for a school trip and the support payment ends up covering the rent or the mortgage, or even for a new car in which to transport your child. In general, Texas courts take the position that the child support goes into the household budget just like other funds.

Fourth, buying them things when they are with you is great. It shows how much you care and lets them know they are important to you. You gave them a bonus. You cannot deduct their bonus from your support payment.

Advice for the Obligee (person receiving child support)

First, it is important that you receive your payment on time because you have bills to pay, so we agree with you there.

Second, as to whether support covers the kids’ costs, the amount the obligor has to pay is based on net resources. If the obligor’s net resources do not provide for everything, unfortunately, that is not a reason to request an increase.

Third, if you are not receiving court ordered support, contact a qualified family law attorney. The attorney will be able to assist you with an enforcement action. Take action so that the obligor does not get too far behind. Otherwise he or she may never catch up. If you are receiving state or federal assistance, the Attorney General can help collect, but having your own attorney is often a better choice. Remember the Attorney General represents the state, not you.

Fourth, especially as children get older there are extracurricular activities to consider as well as perhaps a car purchase, prom dress and eventually college expenses. At these times, the obligor may be willing to pay more, because court ordered support doesn’t usually cover extras. The obligor doesn’t have to pay more, though. A good relationship with your ex can go a long way here.

Surviving the Child Support Battle

The best way to achieve harmony is to establish a strong and cooperative co-parenting relationship. Through this foundation, both parents can learn to work together, even with finances, for the best interest of the children. In conclusion, when your daughter needs a new prom dress, Dad, don’t say, “That’s what child support is for.” And if your ex can only afford minimum wage child support, Mom, then don’t get your son’s hopes up for a new car.

If you need help collecting or reducing your child support, contact our office today . Bob Leonard leads a team of child support experts!

Child Custody: Visitation Change?

Mon, 22 Jan 2018 22:34:00 GMT

Do I Have to Send My Child for Visitation?

We get a lot of phone calls and e-mails each week concerning child custody problems. One of the biggest problems we hear about is visitation (or possession). Even in the most agreeable divorce or the most amicable split, visitation causes problems. Because of this, we wanted to provide tips.

Visitation Can Be Hard. You Can Help.

While changing visitation is certainly appropriate, and even necessary, in some situations, there are things to consider. Texas judges place the best interest of the child at the top of their priority list. Also the courts generally take the position that barring unusual circumstances, children need a relationship with both parents.

So, here are the things we hear most often along with our responses. We realize there are almost always unique facts and research all issues before deciding to proceed with court action.

“He isn’t paying his child support. Do I still have to let my daughter visit him.”

Short Answer: Yes.

Child support payments and custody are two separate issues. Should he pay child support? Of course he should. Can you do anything about it? Yes you can. You can enforce the order.

What you can’t do is withhold visits when he is not paying child support. If you do that, he can enforce against you.

“Her new boyfriend is a jerk. Does my son still have to visit his mom?”

Short Answer: Yes

Your ex is allowed to have a boyfriend present during her visits unless your order specifies otherwise. Is it a good idea to have your son around a jerk? No. Can you do anything about it? Yes you can. You can talk to your ex about the situation calmly and you can make sure the jerk-like behavior isn’t something worse, like abuse. Talking may work and if it is abuse, then you can take action. The good news is that if he is truly a jerk he hopefully will not be around long.

What you can’t do is withhold visits because her boyfriend is a jerk. If you do that, she can enforce against you.

“She is dating a criminal. I am not letting my kids be in that environment. Do they have to go?”

Short Answer: Maybe

If he currently engages in criminal behavior, then your children could be at risk, so you need to take action immediately. Contact an attorney right away. If you allow the situation to go unaddressed, you could have a problem with the courts yourself. If he is a criminal who already served his time, it depends on the offense. Talk to a family law attorney to get more information.

Your attorney can file for a modification of your current order or if it rises to a level of immediate danger, then the attorney can file an emergency motion. You will be required to sign an affidavit describing the situation.

“He never gets them to school on time,” or “She never gets their homework ready, so do I have to send them during the school week?”

Short Answer: Yes.

In the first instance, the school can deal directly with him and in the second instance, your kids can take the opportunity to keep up with their own homework.

What you can do is keep good records and if it is truly a problem, it may well show up in other areas that would rise to the level of a modification.

“He is disrespectful to me and teaches our children to disrespect me. Can I keep them from visiting him?”

Short Answer: No

In all likelihood, his disrespect is one of the reasons you are no longer together. He was probably disrespectful during marriage, and throughout the divorce or custody case and you agreed to the visitation at that time. Nothing has changed and this does not warrant a modification.

What you can do is work on modeling respect (even to him) for your children.

“My daughter doesn’t want to go to her Dad’s house. Do I have to make her go?”

Short Answer: Yes

It is perfectly normal for a child to resist going to one or the other parent’s home for visits. In fact, many children will throw a fit when they have to go and then throw a fit at the other house when they have to come back. If your children did not want to go to school, you would still make them go. Consider whether your child is in actual danger. No? She needs to visit her dad on his weekend. Withholding visits leads to enforcement.

What you can do is let your child know that this is the way it is and that it is important to be able to spend time with both parents. Don’t make the situation worse by siding with your child. Maintain a united front in this battle.

“She is just a Disney parent with no rules and my daughter is terrible when she comes back. Do I have to keep sending her?”

Short Answer: Yes.

Different parents have differing parenting styles. While you may be more strict and detail oriented with a greater respect for rules, your ex may be a laid back person whose approach is more lax. Children can be exposed to both without harm. Being different does not mean being worse.

Remember, if you do not send your child, you are subject to enforcement.

“He takes them hunting and I don’t like guns. Do I have to allow them to go?”

Short Answer: Yes.

If he is a seasoned hunter and you do not like it, it is still his time with your child and his decision what to do with that time. There may be things you do with the children that he disapproves of, but it is your time.

What you can do is discuss the situation rationally. If he still chooses to take them hunting and it is his weekend, you have to send them or you will be open to an enforcement action.

Visitation is Important for Your Child

Visitation is not just a calendar item. It is way for a child to develop a connection to both parents. This is critical to your child’s development unless your child is in danger. If your ex is truly a terrible person, your child will come to terms with that and handle it himself or herself as an adult. If you hold your child back from visits, they will also recognize that and may be resentful of you.

Of course you want to listen to your child. And of course your child’s opinions matter. But, when push comes to shove, you are the grown up and must make responsible and tough decisions.

Having said all of that, please understand that we know there are definitely situations where visits must and should be curtailed. For example, if there is any abuse or if your child is in danger, contact a qualified family law attorney today.

Reverse Mortgage Estate Planning

Wed, 10 Jan 2018 19:09:00 GMT

What is a Reverse Mortgage?

A reverse mortgage is a method that allows a senior (over age 62) homeowner who has paid off most of the mortgage for their primary residence to borrow against their home equity. The homeowner must still pay taxes and main insurance and repairs on the property and must live in the property.

Estate Planning is for Your Family. Make Sure Your Reverse Mortgage is the Right Choice.

Basically, a reverse mortgage allows a homeowner to obtain cash for the equity in their home using one of three options:

While the terms of the reverse mortgage vary with the lender, the homeowner can typically use the funds for any purpose. Once obtained, a reverse mortgage typically stays in effect until: a) All borrowers have died; b) The property is sold or transferred; c) The borrower fails to live in the property for a period longer than 12 months; or d) The borrower fails to maintain, pay taxes on, or insure the home according to FHA requirements.

Pros and Cons of Reverse Mortgage

Pros

Cons

Reverse Mortgage Effects

The homeowner still retains title to the property, although the title has a lien against it. The property is still owned by the borrower and can be left as part of the estate.

If the borrower sells the property, just like any other sale, he or she pays the lender from the proceeds. In the event the property sells for less than what is owed, the borrower pays any difference.

Should the borrower have to move from the property for a period longer than 12 months, typically a nursing home or long term care facility, this violates the terms of the loan and the lender can take action, including foreclosure.

Reverse Mortgage and Inheritance

Reverse Mortgage Can Effect Estate Planning

A reverse mortgage can be an estate planning tool. It can allow a senior to stay independent and to remain in their home. However, when considering a reverse mortgage, the the borrower should plan for what happens upon their death.

The homeowner can still leave the property to his or her beneficiaries or heirs upon death. A valid will distributes the property through probate. If there is no will, the property follows the Texas inheritance rules.

Although it is not all that different than leaving your heirs a home with any type of mortgage, a reverse mortgage presents additional challenges for those left behind. You can help to protect you heirs by obtaining a non-recourse mortgage.

If you inherited a property with a reverse mortgage, contact a qualified probate attorney immediately. The attorney can work with you and the lender to make arrangements to either pay off the loan independently or to sell the property and pay off the loan. Remember, if the beneficiaries or heirs cannot pay off the loan, the lender can, and will, take action.

Estate Planning

It is very important that everyone have an estate plan in place. Consider all of your options when preparing your estate planning documents. If you contact our office and begin the process between before February 15, 2018, you will get 20% off of an estate planning package.

If you want more information about the FHA approved reverse mortgage, you can visit their site.

Holiday Stress Buster Co-Parents

Wed, 20 Dec 2017 18:15:00 GMT

Read this carefully for some holiday stress buster tips. In our office, we are blessed with the task of helping families survive divorce and helping parents learn to work together. Currently there are thousands of family law cases pending in Tarrant County . The insights we are sharing come from what we see as our ultimate success stories . . . families united in child-rearing in spite of a divorce or child custody battle.

In most cases, a divorce with children has a specific holiday schedule for each parent. That should make it simple, right? Sad to say, but that would be wrong. Every year at this time, we hear from people who are having problems involving their children and their ex for the holidays. Sometimes we hear, “She won’t let me have the kids over Christmas Day.” Sometimes we hear, “He never shows up when he is supposed to.” And sometimes, we hear, “I’m not letting her have the kids for Christmas.”

You can help de-stress your holiday season.

Many times, the situation can be resolved with a quick review of the final Decree or Order. Once we review the document, we can explain what the court has ordered and the parties will abide by what the judge has said. A well-written order is a great first step for a holiday stress buster.

In other instances, one or both parties refuse to follow the order. This is when things go from bad to worse. A violation of a court order is subject to enforcement, and penalties can include jail time. It’s best to follow the current order.

If you don’t have a final order, it can be trickier, but your attorney can work with you to develop a plan and get either temporary orders, or if there is not enough time, prepare a Rule 11 Agreement for the holidays.

Of course, if you believe your child is in danger, you should immediately contact your attorney to address the situation. (Obviously call 911 if it is warranted.) There are mechanisms in place to help you protect your child. It is important to use these mechanisms and not take matters into your own hands whenever possible. Think of it this way: You can only control your own behavior, but you can control your own behavior.

Holiday Stress Buster: The Plan

Now, once we know where the children will be for the holidays, what are some things you can do as a parent to make the best of a potentially difficult time by making the children your priority? These are our best holiday stress buster strategies shared by successful co-parents:

So, to recap, safety aside, it is better for your children if you and the other parent can work to make this a great holiday season. Sometimes you have to compromise for the sake of the children. Remember, your efforts now are showing your children how to successfully resolve conflict. You can only control your own behavior, but you can control your own behavior (worth saying twice). And besides, kids are smart, they know which parent is being difficult.

We hope these holiday stress buster tips work for your family and we welcome any additional thoughts you have; send us a message on Facebook or contact us online. We would love to include your tips in a future post.

Have a stress-free happy holiday season, and a joyous New Year.

If you need to take action in a divorce or child custody matter, Call Today.

Bob Leonard Law Group, PLLC

Speak With Expert Family Law Attorney Bob Leonard!

Contact Us Online Today

817-336-8500

info@bobleonardlawgroup.com

Estate Planning Attorney: “Get it Done!”

Fri, 15 Dec 2017 21:47:00 GMT

Everyone Needs an Estate Planning Attorney

When we think of estate planning, we think of large estates with lots of assets and lots of money. We think of the Will and the distribution of property. Of course that is partially true, particularly with your Will. You want to make sure that you dispose of your property upon your death and that it is distributed according to your wishes. A qualified estate planning attorney helps you determine the best choice for your unique situation.

Estate Planning Attorney Offers Far More Than Just a Will

Estate planning is important for everyone, and your Will is only part of an estate planning package at Bob Leonard Law Group, PLLC. In addition to your Will, we prepare a Statutory Durable Power of Attorney to take care of your finances, a Medical Power of Attorney to take care of your healthcare, a Directive to Physicians (Living Will) to let everyone know what you want in the event of a terminal or irreversible medical condition, and a Designation of Guardian to let people know who you want to take care of you in the event you become incapacitated.

My Dad’s Estate Planning saved our family a lot of heartache. Thanks Dad!

Your estate planning attorney and team can even come to you if you are homebound or in a facility.

An Estate Planning Attorney Prevents Problems

Problems arise without documented plans in place. For every probate client who comes into our office with a well drafted Will and other documents, there are more who do not have this advantage. Following are some very real examples of what your family faces when you choose inaction over action in estate planning. You probably have examples of your own.

Estate Planning is Your Last Gift to Those Left Behind

It's never too early for estate Planning. That last example was actually my father (check out his pictures in this post). He recognized that we would not be able to honor his wishes if he did not let us know what they were. He had a second chance to make sure he had everything in place and he took it seriously.

Five years later, when he was critically ill in the hospital, he demanded that the doctors prepare a Do Not Resuscitate (DNR) document. Shortly thereafter, he had the option of undergoing another surgery or going home with hospice care. He chose hospice care. Before he left the hospital, he insisted on signing an out of hospital DNR. He was one hundred percent sure of what he wanted and he made sure everyone around him was one hundred percent sure.

My Dad blessed us with an incredible gift. He made the hard decisions for us so that we didn’t have to worry whether we were doing what he wanted. The truth is that we really don’t know what our parents, children, siblings or other loved ones “would have wanted.” Our perspective is colored by our own perception and wishes and our own ideas about what is right. If we don’t step up and get our estate planning documents done, we are letting our family down.

Working in a law office, I get to see the consequences of inaction. It never hit home for me until I was faced with my father’s death. He was an amazing father and an outstanding person. He thought of us up until the end and I will be forever grateful. Thanks Dad, for everything you did for me and for protecting me until the end. I love you. – Sydney

Best in Fort Worth

Thu, 07 Dec 2017 19:38:00 GMT

2017 Fort Worth Top Family Law Attorney

Bob Leonard made the best family law attorneys in Fort Worth, Texas list again.

The December 2017 issue of Fort Worth Magazine includes a list of the Top Attorney’s in Fort Worth. Every year, Fort Worth M agazine creates a list of the best in town .

This year the Top Attorneys are featured in The Crime Issue, which is dedicated to crime and the criminal justice system. It is a fitting issue all lawyers, including family law attorneys who face criminal issues in divorce and custody cases. People don’t realize it, but it is a crime to violate court orders regarding finances and children.

According to Fort Worth M agazine, their list of Top Attorneys is compiled by a process of receiving nominations by other attorneys in the region and then goes through a rigorous panel to assure the highest of quality is met.

We are so proud of our Senior Attorney Bob Leonard for making the Fort Worth M agazine Top Attorneys List for more than ten years in the family law category. The family law team at Bob Leonard Law Group, PLLC, provides the highest level of service and professionalism in adoption,divorce and child custody matters.

CONGRATULATIONS, BOB!

BLLG KNOWS EVERY WIN IS A TEAM WIN!

Bob Leonard’s Top Legal Secretary, Mary Hartin

Legal Terms Glossary: Understanding “Legalese” in Family Law

Fri, 19 May 2017 22:26:00 GMT

Legal Terms Glossary to Help You Understand Your Family Law Attorney

Legal Terms can be confusing. This guide will help!.

Legal Terms are Confusing

Legal Terms can be really confusing. Most professions have jargon used only in their profession. Most other groups have some of their own language. But, we can all agree that attorneys are the worst!

Legal Terms Cause Miscommunication

Attorneys have so many legal terms sprinkling their conversation. It makes it difficult for clients to follow. It creates miscommunication. Following are some of the commonly used legal terms to help you translate what your attorney is telling you. Remember, if in doubt, ask your attorney to explain in plain English. You have the right to know.

Legal Terms Glossary

Ad Litem — This is one of those legal terms that needs more explanation. Ad Litem refers to a person appointed by the court to represent. If you need to know more about an ad litem for your case, see this article .

Adoption Evaluation — A study of your life and circumstances to determine fitness for adoption. This will include a visit to your residence.

Affidavit — A written statement sworn before an officer authorized to receive oaths (usually a Norary). It is deemed as testimony and false information in an affidavit is perjury.

Answer —Document filed with the court in response to a lawsuit. The Answer must be filed in a timely fashion or your risk default. Usually an answer is a very simple general denial of the allegations in the petition. Often an answer if filed with a Counterpetition.

Arbitration — An alternative dispute resolution method where the parties hire an impartial person, called an arbitrator, to determine a solution. Arbitration is usually binding, which means the parties have to abide by the decision. Arbitration is only rarely used in Family Law.

Arrearage — A legal term used to describe child support that is past due.

Bifurcation — Separating an issue from the other issues in the case and trying the issues separately.

Child Custody — In Texas, child custody is called conservatorship. See Conservatorship.

Cohabitation — An intimate relationship between people sharing a home without legal or religious sanction.

Cohabitation — Couples who live together without being married.

Collaborative Law — A non-litigation approach to family law. Each party still has an attorney but the process relies on collaboration, or negotiation, and input from various experts including financial experts, psychologists and counselors. There are a series of settlement meetings to address various issues. Although this is not litigation, it may still be contentious and costly.

Community Property — Community property is the legal term for property acquired during the marriage. Basically, unless it is a gift or an inheritance that is traceable, it belongs to both of you. This includes “ your” retirement account, “ your” paycheck and things bought with “ your” money during the marriage.

Contempt of Court — Disobeying court orders with the possibility of sanctions or jail time as a consequence.

Conservator — Person with rights and duties for a child. See Conservatorship, Sole Managing Conservator, Possessory Conservator and Joint Managing Conservator.

Conservatorship — What most people call child custody. It is the legally defined relationship between a parent and children after a divorce designating parent’s rights to make decisions and duty to care for the children. The court may assign sole conservatorship or joint conservatorship.

Counterpetition — A Counterpetition may be filed in response to a lawsuit against you. The counterpetition responds to the original petition and provides your own lawsuit.

Court of Continuing Jurisdiction — The court retains continuing jurisdiction over a case involving children until the child turns 18 or until the case is legally moved to another jurisdiction. For more information about moving jurisdiction, talk to your attorney or review the Family Code .

Default — Failure to answer a complaint, motion, or petition. This failure can result in the other person obtaining the order they want without your input.

Deposition — It sounds a bit scary, but this legal term refers to nothing more than a question and answer session recorded by a court reporter. You are under oath, just like when you are in court, and as long as you tell the truth you should be okay.

Discovery — Formal information gathering process whereby you will either ask for or be asked to produce documents and information.

DNA Testing — Medical procedure to determine the parents of a child by testing the chromosomes of each parent and child.

Dismissal for Want of Prosecution (DWOP) — Case dismissed due to lack of action.

“What did he mean by deewop (DWOP)??? Why can’t he speak English?”

Garnishment — Withholding or gathering of funds to pay a debt, including child support.

Geographic Restriction — A restriction in the divorce decree or child custody order which limits a parent who has the child to living in a specific area. The child cannot be moved out of the area. Often there will be a geographic restriction for a specific county, or a county and contiguous counties. The restriction is designed to keep parents close enough that both can participate in the children’s lives.

Guardian Ad Litem — A person appointed by the court to represent the interests of a minor child in a divorce or parentage case. Different from an attorney, a guardian ad litem makes a recommendation to the court as to the best interest of the child.

Home Study — See Adoption Evaluation.

Income and Expense Declaration — Form disclosing income and expenses, under penalty of perjury, which is provided to the other party and to the court.

Interim Order — An interim order is sometimes called a temporary order, and refers to any order made in a legal case before the final order or decree is made. In family cases, interim orders are the judge’s short-term decisions about issues such as child support, child custody, visitation, possession of the family home, attorney fees, spousal support or payment of debts. The final court order may be entirely different.

Inventory and Appraisment — The Inventory is a document which lists all of your assets and belongings. It also lists liabilities and debts.

Joint Managing Conservator —Both parents share the rights and duties for the child.

Judgment — The official final decision of a court about the rights and claims of each side in a lawsuit. In Texas, a judgment becomes a final order of the court 30 days after it is entered. Up until that time, either party can file an appeal, ask for a new trial or ask that the judgment be modified or corrected.

Jurisdiction — The authority of the court to hear a case.

Managing Conservator — The parent who has the ability to designate the residence of the child and may have the ability to make certain decisions, including education, without agreement by the other parent.

Marital Settlement Agreement — A settlement agreement reached between parties to a divorce or legal separation, resolving all outstanding disputes between the Parties.

Mediated Settlement Agreement (MSA) — A settlement agreement reached at mediation. A mediated settlement agreement is binding on the parties, which means they have to honor the agreement.

Mediation — Parties meet with a neutral third party, a mediator, to work out an agreement in the case. The mediator facilitates an agreement whenever possible. In family law cases, courts will usually order mediation prior to a final trial.

Modification — Seeking to change an order of the court.

Motion — A request for action filed with the court.

Non-Suit — A non-suit is what you file to drop your pleadings. Be careful when filing a non-suit if the other party has active pleadings. The case is still active and you have nothing on file with the court.

Notice of Entry of Judgment — A notice issued by the judge that decrees that judgment has been entered in the case.

Order to Show Cause (OSC) — A motion to the court to obtain court orders regarding custody, support, visitation, attorney fees, or any other relief.

Parenting Plan — A written plan describing conservatorship or custody and providing details about parental rights and duties. The plan may contain very specific information or may be more general guidelines.

Pendente Lite Support — A temporary order, regarding spousal support. This is referred to as Temporary Spousal Maintenance in the Texas Family Code.

Perjury — Most people recognize this legal term. It means lying to the court. The important thing to note here is that it does not only refer to your testimony. It can also refer to any documents you sign as being true.

Petition — A legal document filed with the court to start a case.

Petitioner — The person who files the petition to start a case.

Psych Eval — Abbreviation for psychological or psychiatric evaluation of a party in a child custody lawsuit. The evaluation is rarely used unless specific issues warrant it.

Pleading — An official document filed with the court regarding the case.

Possession Schedule — The time you are allotted to have in person with your children.

Possessory Conservator — The non-primary or non-managing conservator. This parent has some rights and duties during the time of possession.

I don’t know what standard and expanded standard possession means. I just want to be a Dad!

Pre-Trial Conference — A hearing, or meeting, with the attorneys and the judge setting the date for the final trial and for all actions which must take place and when. The document completed at this hearing is called a Scheduling Order or a Docket Control Order. Clients typically do not need to attend.

Primary Custody — See Managing Conservator

Pro Bono — To represent a client without charge. If you cannot afford an attorney, there are attorneys who handle cases pro bono .*

Pro Se — Representing yourself in your legal matter. If you have a child custody dispute or property dispute, we recommend you have a qualified family law attorney to represent you to make sure your rights are protected.

Respondent — The person who has to respond to a lawsuit filed by the petitioner.

Response — A legal document filed in response to the filing of a lawsuit. Most often this takes the form of an Answer or Counterpetition.

Retroactive Child Support — Child support for the time period before a child support suit is filed. Theoretically you can go back to the date of the child’s birth, but the courts tend to lean toward the 4 year mark.

Schedule of Debts and Assets — A form on which each party must disclose all their assets and debts under penalty of perjury and give to the other side and the court.

Separate Property — Separate property is a legal term used to define the property you had prior to your marriage, or property that was a product of a gift or inheritance. CAUTION: If you receive a gift or inheritance during your marriage, keep it separate from the joint accounts. If you want to claim it as separate, you will have to be able to clearly trace it.

Service — Process to give papers and documents to the other party.

Service Plan — Agreement between a parent and CPS regarding actions which must be taken by the parent in order to keep or regain children who have been removed.

Social Study — A study by a social worker to look into the family and evaluate the best interest of the child in a custody lawsuit.

Sole Managing Conservator — One parent by agreement or by court order is given the sole rights, duties and privileges concerning children after a divorce.

Status Hearing or Status Conference — See Pre-Trial Conference. A hearing in which the court where the judge identifies the issues and sets deadlines. Clients do not usually need to attend this hearing.

Stipulated Judgment — An agreement between the Parties regarding resolution of all outstanding disputes between the Parties that is incorporated into the judgment and enforceable as a judgment.

Stipulation — An agreement between opposing parties on any matter relating to the proceeding or trial, such as which exhibits are authenticated and admissible. It may also include agreements on support, parental rights and responsibilities, parent/child contact and property division on either a temporary or final basis. A stipulation is submitted to the judge, who signs it and creates an enforceable order.

Subpoena — An order summoning someone to court and may require documents. Failure to appear can bring a penalty.

Temporary Injunction — An order enjoining a person from taking certain action for a certain period of time. Most often this includes provisions regarding maintaining property, bank accounts and other financial accounts as well as setting forth temporary custody.

Temporary Restraining Order (TRO) — Similar to a Temporary Injunction, but does not require a hearing. A hearing must, however, be held within 14 days.

Termination — Removal of parental rights. It can be voluntary or involuntary. Once rights are terminated, you are no longer a parent.

Testimony — Testimony is a legal term most people know. It refers to what you say, under oath to the court. It is most often spoken, but may be written testimony.

Trial Setting — The date the case is set for final trial.

UCCJEA — Uniform Child Custody Jurisdiction And Enforcement Act , which provides legal remedy for custody and child support issues across the states.

Did We Miss a Legal Term? Let Us Know!

This covers the legal terms that readily come to mind. If there are more you think we should include, let us know by contacting us. We will put your suggestions in the glossary and even give you credit if you want us to!

Bob Leonard Law Group, PLLC

Speak With Expert Family Law Attorney Bob Leonard!

Contact Us Online Today

817-336-8500

info@bobleonardlawgroup.com

* Our law firm maintains at least one pro bono case at all times. We obtain our referrals from our local legal aid office, Legal Aid of North West Texas . The State Bar of Texas asks that attorneys donate time to pro bono matters.

Attorney Ad Litem: What is That?

Sat, 13 May 2017 19:57:00 GMT

“What is an Attorney Ad Litem? Why Did the Judge Appoint Another Attorney in My Case?”

” Fort Worth, Texas Expert guardianship attorney who also serves as an attorney ad litem discusses what an attorney ad litem is for”.

What is an Attorney Ad Litem and Why Do I Need One?

These two questions come up nearly every time we have a probate heirship or a guardianship case. Typically, clients are concerned about what they perceive as intrusive questions and information that must be provided to this additional attorney. Also, they are concerned about adding to the cost of their case.

While it may seem like the appointment of yet another attorney is cumbersome, the truth is that having an attorney ad litem on board helps ensure that there are no problems down the road. The attorney ad litem is an added layer of protection for you when you are responsible for handling the assets in an estate.

The added cost is, truthfully, a small price to pay to make sure that everything is handled properly so that you do not have a problem later on. The reason they are seeking information is to make sure there are no surprises down the road. Surprisingly, there are many cases where there is an heir that surfaces unexpectedly. In addition, there are serious repercussions when a guardian is appointed improperly.

Attorney Ad Litem Definition

The term “ ad litem ” means to “litigate” or “represent in litigation.” According to Texas law, an attorney ad litem is “an attorney who provides legal services to a person, including a child, and who owes to the person the duties of undivided loyalty, confidentiality, and competent representation.”

Attorney Ad Litem (or Guardian Ad Litem) for Texas Guardianship

Texas probate law requires the judge to appoint at least one ad litem attorney. There are two categories of ad litem attorney: (1) the attorney ad litem; and (2) the guardian ad litem. Each one serves a specific function in guardianship cases.

The judge appoints the attorney ad litem to represent the “legal interests” of a Ward or proposed Ward of an estate. The guardian ad litem represents the “best interests” of the Ward or proposed Ward. Essentially, the attorney ad litem represents the wishes of the proposed Ward and the guardian ad litem represents what would be best for the proposed Ward.

In a case where there is a clear need for a guardian, such as when a minor child turns 18, or when a person is obviously incapacitated due to illness or injury, an attorney ad litem will probably be the only ad litem appointed by the judge.

In other cases, when a proposed Ward objects strongly to the guardianship or when there is less clear evidence of incapacity, or if another person contests the appointment of the applicant as a guardian, then the judge can appoint a guardian ad litem in addition to the attorney ad litem. The role of guardian ad litem is to make a recommendation to the court as to what the best option is for the proposed Ward.

Attorney Ad Litem for Heirship Proceedings

When a person dies without a valid will, the probate court proceeding for distributing the assets of the deceased is called an Heirship. An heirship is the process of determining the legal heirs to an estate. Because it is critical to make a correct determination, the probate judge appoints an attorney ad litem to represent unknown, missing and incapacitated heirs.

The attorney ad litem is charged with locating any heirs that are not readily apparent. In addition, the attorney ad litem represents minors and incapacitated persons, protecting their interests.

Attorney Ad Litem for Family Law Cases

In cases involving children, Texas Family Law defines an Attorney Ad Litem as “an attorney who provides legal services to a person, including a child, and who owes to the person the duties of undivided loyalty, confidentiality, and competent representation.”

When there is a case of child abuse or neglect, where there is court action taken by CPS to terminate parental rights, or to make CPS the conservator, a court must appoint an Attorney Ad Litem to represent the child.

In specific instances in custody or divorce matters, the court may choose to appoint either a Guardian Ad Litem or an Attorney Ad Litem to represent the child. As in probate cases, the guardian ad litem is charged with determining what is in the child’s best interest and the attorney ad litem represents the child’s wishes.

Family law cases involving children can become extremely contentious. Therefore, appointing a person to handle the child helps make sure the child is adequately represented. In the heat of the moment, opposing parties can lose sight of how actions can effect children. Ad litem representation provides a layer of protection.

In addition to his active probate practice, Attorney Bob Leonard is a trained ad litem, qualified to be appointed in Tarrant County and Parker County probate and guardianship matters. To become eligible to be appointed an attorney ad litem in Texas Probate courts an attorney must complete a State Bar approved training course. the initial certification. This for two years. Once an attorney has been certified for two consecutive two-year periods, subsequent certifications are for (4) years.

Bob Leonard Law Group, PLLC

Speak With Experienced Probate and Guardianship Attorney Bob Leonard!

817-336-8500

info@bobleonardlawgroup.com

Children and Child Custody: Preparing for a Successful Divorce Part Two

Mon, 24 Apr 2017 03:00:00 GMT

Preparing for a Successful Divorce: Children and Child Custody; Knowledge is Power

Children and Child Custody. Preparing for a Successful Divorce Part Two

Children and child custody may be your first though when considering divorce. It may be something you have pondered for awhile or it may be that an event has caused an immediate breakdown of your marriage. You may have been unexpectedly served with divorce papers including children and child custody issues.

This is an emotional time, but knowing as much as you can will help you and your attorney develop a strong and positive plan to protect your children.

Preparing for a Successful Divorce, Children and Child Custody: Communication is Key

Setting up clear lines of communication can go a long way toward easing the transition. If possible, work with the other parent to develop a plan to honestly address the situation in an age appropriate manner. Children do not need to know specific details about the impending breakup, but they do need reassurance that both parents will continue to be available. Most important, they need to know that both parents still love them even though the family might not look exactly the same anymore.

Help Your Child Cope with Divorce

Tips for Talking to Your Children About Your Divorce

Preparing for a Successful Divorce, Children and Child Custody: Understand Your Child

For children, divorce and child custody can be especially sad and confusing. It can precipitate a downturn in grades, escalate emotions and generally cause havoc with your children. It is typical for a child to grieve over the breakup of the family. However, as a parent you can do a lot make the process less painful. You can help your children cope with the upheaval and come out the other side. You can even forge a closer bond with both parents.

You may wish to seek family counseling if you see that your efforts are not sufficient to help you r child weather the storm. In most cases, though, children are far more resilient than we give them credit for being. With knowledge, communication and understanding, you cur children can not only survive, but they can thrive.

For essential child custody information, click here .

Bob Leonard Law Group, PLLC

Speak With Experienced Board Certified Divorce and Child Custody Attorney Bob Leonard!

Contact Us Online Today

817-336-8500

info@bobleonardlawgroup.com

Child Custody Essential Information

Tue, 11 Apr 2017 00:54:00 GMT

Child Custody Essential Information. Don’t Turn Your Children Upside Down!

Child Custody Essential Information

Child custody is the most difficult and emotionally charged aspect of family law. Whether the custody fight is part of a divorce or a separate legal matter, child custody is a parent’s worst nightmare. From mothers who are threatened with losing their children to fathers who feel their rights are being taken away, knowing more about the process helps.

Child Custody Essential Information: What is Conservatorship?

Basically, child custody is a court order providing how each parent is involved in caring for their child(ren). In Texas, our laws call it conservatorship, but custody is the term most people use. Each case is unique, but a good rule of thumb to understand is that, according to Texas Family Code Section 153.002 makes it clear that, “the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.”

The court may rule that only one parent have conservatorship — sole conservator. The court most often rules that both parents will participate in the raising of their child — joint managing conservatorship

Child Custody Essential Information: What are Rights and Duties?

Again we refer to the Texas Family Code for the specific definition of rights and duties. Essentially, each parent has certain rights regarding the child, and the ability to make certain decisions on behalf of the child. In addition, each parent has specific duties, or responsibilities for the child.

Children have rights also, which is easily forgotten in the child custody process. As a reminder, Children in the Middle of Tarrant County provides this handy reminder with the Children’s Bill of Rights .

Child Custody Essential Information: What is Possession and Access

Standard Possession

Sometimes called visitation, possession and access refers to the schedule for the time each parent spends with the child. One parent is almost always has what is called ‘primary’. This person has the right to designate the residence of the child. In a standard possession order , the non-primary parent has the child on the first, third and fifth weekend, on Thursday evening, on alternating holidays and for an extended time in the summer. The parents can agree to other arrangements, but if there is disagreement, the fallback is the standard schedule.

Expanded Standard Possession

Many families choose to utilize what is referred to as an expanded standard possession order. Generally, the expanded standard possession schedule allows the non-primary parent a greater amount of time with the child. More information about this option is outlined in the Texas Family Code, 153.317 .

Non-Traditional Possession Schedule

In some cases, there is a reason the non-custodial parent cannot have a standard or expanded standard schedule. The child may require special care, the parent may not be able to properly care for the child, or there may be another reason to have a non-traditional schedule. If a parent travels extensively, a non-standard order may be necessary.

Supervised Visits

If there is a history of child abuse or neglect or there is a significant threat to the well-being of a child, the judge may order supervised visitation. Typically supervised visits are a temporary step which can be gradually stopped as certain criteria are met. Supervised visitation may require that a parent complete drug or alcohol rehabilitation, counseling or therapy prior to having unsupervised visits with a child.

Child Custody Essential Information: What is ‘Best Interest of the Child’?

Texas judges ultimately look to the best interest of the child in making a ruling on child custody matters. There is no specific, concrete list of items to check off concerning what defines best interest. However, it is presumed that the best interest of the child consists of some combination of the following criteria:

This last item, family relationships, refers to the court’s perception of how the child is allowed to receive positive parenting from both parents. Judges want children to have the benefit of both parents unless there is a danger to the child. Judges want to see effective co-parenting . Judges do not want to see parental alienation.

Child Custody Essential Information: Can My Child Decide Which Parent to Live With?

In 1976, the Texas Supreme Court’s decision in Holley v Adams listed a number of factors to consider in determining best interest of the child, including the desires of the child. As this decision has become part of our legal system, and our social culture,many people believe it means the child can choose where to live. Or it means that a child over a certain age can choose to live with one parent or another. Not true. A minor child cannot choose his or her residence.

This does not mean that the child’s wishes are not considered. If your child is at least 12, and your attorney requests it, the judge will talk to the child. The judge will want to assess a child’s maturity and intelligence. The judge will ask the child why one household is better than the other. Bear in mind that judges understand a child may be choosing a household with no rules over a more strict household. A child may choose the parent who gives more financial incentives, and judges recognize this as well.

After speaking with the child AND reviewing all of the evidence, the judge will rule based on the best interest of the child.

Child Custody Essential Information: What Should I Have in My Order?

Get More Child Custody Essential Information Today from an Experienced Child Custody Attorney !

Bob Leonard Law Group, PLLC

Speak to A Board Certified Expert Fort Worth Family Lawyer Today

Contact Our Office Online

817-336-8500

info@bobleonardlawgroup.com

Divorce with Special Needs Child

Thu, 30 Mar 2017 00:45:00 GMT

Divorce with Special Needs Child: Challenges

Divorce with Special Needs Child Presents Unique Challenges. Speak to an Expert Attorney.

Divorcing parents of a special needs child face additional challenges. When entering into a divorce with children , parents typically consider the best interests of their children. As parents of a special needs child, it is especially important to pay particular attention to how the divorce affects the child.

Raising a special needs child can create unique pressure on family relationships. In a divorce, this anxiety and pressure can surface in both parents and child.

Financial Challenges: Divorce with Special Needs Child

Meeting Present Financial Challenges

In every divorce, the couples joint resources will be divided . In essence, the funds used to support one household, must now be stretched to accommodate two households.

When there is a special needs child, one parent will likely assume the role of the primary conservator of the child. This parent may be eligible to receive a disproportionate share of the community resources. Also, this parent may be awarded permanent support.

At this point, both parties can be feeling the threat of changes in both lifestyle and standard of living. One parent may be assuming a more full-time caregiver role. Unless there are unlimited resources, both parents may be finding that the income that was comfortable for one family is not so comfortable for two families.

Unfortunately, there is usually a finite amount of income. Both parties may have to give up things they feel they deserve in order to act in the child’s best interest. If you have not already done so, be sure to investigate social security and other benefits available for children with disabilities.

Overcoming Future Financial Challenges

Your special needs child may never be in a position to provide for his/her minimum daily needs. During a divorce, you may not want to add this burden to your already overloaded emotions. However, you and your spouse need to make provisions for your child’s future with proper insurance and estate planning tools . Proper planning now prevents even more worry down the road.

Parenting Challenges: Divorce with Special Needs Child

Conquering Care-giving Challenges

A comprehensive parenting plan is a big part of every divorce. In the case of a divorce with a special needs child, the parenting plan is critical to your child’s well-being. For example, changes in environment and routine may be overwhelming for your child.

Take time to carefully consider all aspects of your possession schedule, medical appointments, educational and recreational activities . In this instance, both parents must be honest with expectations and open to creative crafting of a final order.

Mastering Communication Challenges

During your divorce, it may be helpful to seek the advice of a professional counselor for your family. If you are having difficulty explaining things to your child, a counselor may offer suggestions. If you are having difficulty communicating effectively with your spouse, a counselor can bridge the gap.

Communication is always important in families. With a special needs child, anger, fear and sadness can spiral out of control. A professional counselor, experienced in dealing with family trauma, can lessen the long-term impact of the divorce.

Moving Forward: Divorce with Special Needs Child

Transcending Short-term Challenges

The bottom line is that the best way to get through your divorce with a special needs child is to purposely move forward. Don’t bring the child into the divorce (never a good idea, even worse with a special needs child). Complete the divorce with as little drama as possible. Put the short-term needs of your child first. Be realistic about finances and parenting responsibilities. Establish comfortable routines and maintain peaceful relations with the other parent.

Facing Long-Term Challenges

When Your Special Needs Child Turns 18, You Will Need a Guardianship

More decisions face you when your special needs child reaches the age of 18 . At some point you and the other parent will have to discuss guardianship. Preferably address this together. As parents, you can serve as co-guardians, which is most often in the child’s best interest . If you have not been able to successfully co-parent, you will not be able to successfully serve as co-guardians.

There are a number of things to consider and weigh in any divorce action . As the parent of a special needs child, the list is longer. Take the time to think about your options and make responsible choices. Remember, above all else, you are still parents for life.

Bob Leonard Law Group, PLLC

Speak to A Board Certified Expert Fort Worth Family Lawyer Today

Contact Our Office Online

817-336-8500

info@bobleonardlawgroup.com

Fort Worth Top Attorney Family Law Expert

Mon, 20 Mar 2017 20:59:00 GMT

Fort Worth Top Attorney Bob Leonard. Expert Board Certified Family Law Attorney

Fort Worth Top Attorney Board Certified Family Law Expert

Top Attorney Bob Leonard has been chosen by Fort Worth Magazine to represent the best of local attorneys.

As a board certifed family law attorney, Bob is one of the very few attorneys in Texas qualified to say he is a family law specialist.

In addition to his extensive legal experience, Bob is a respected Fort Worth business leader, chamber member and past president of the Jaycees and community volunteer.

He served in the Texas Legislature representing western Tarrant County for a decade.

He is the grandson of Obadiah “Obie” Paul Leonard of Leonard’s Department Store and has carried on the legacy of the Leonard family’s commitment to Fort Worth.

A family law expert, Bob Leonard believes in providing the very highest quality representation and he is fully committed to his clients. Bob is strong and fearless advocate in the courtroom and master of negotiation at the mediation table.

Protect Your Rights; Protect Your Assets with a Recognized Expert Family Lawyer

Bob Leonard Law Group, PLLC

Contact Us Online

817-336-8500

info@bobleonardlawgroup.com

Coping: Holiday Conflict Resolution

Thu, 16 Mar 2017 01:01:00 GMT

Holiday Conflict Is a Reality

Delete Holiday Conflict. Replace With Holiday Fun!

Posting near holidays presents a real dilemma. I want to post pictures of feasts and family celebrations, kids hunting eggs, unwrapping gifts, lighting the Menorah or Kinarah, decorating the Christmas tree, blowing out birthday candles and watching fireworks.

I also recognize that the holidays can be a stressful time for divorced families, families who have suffered a recent death and even adoptive families. Let’s face it, change is hard, and when you combine change with expectations, it seems insurmountable.

Replace Holiday Conflict With Holiday Fun

Your first step is to recognize that things are different. I am reminded of a poignant moment in the iconic television series, NCIS, when a disabled veteran tells Agent Gibbs:

The conversation served a a wake-up call for Agent Gibbs who had been trying to be what he was before the loss of his wife and young daughter.

I give clients the same advice, although not as eloquently. Once you come to grips with the change in your life, you can begin to be who you are now. Live and appreciate your holidays as they come, creating new memories and new traditions. Or blend old traditions with new circumstances to create something wonderful. Easier said than done, but eminently doable.

Give Up Holiday Control for Less Holiday Conflict

Whenever possible, allow someone else to be in charge or to take control of schedules and other things. Surprisingly, people are far more willing to accommodate others or to put others first when it is a choice . Particularly after a divorce or child custody battle, when wounds are still fresh, allowing the other party to choose may very well set a tone for future peace. If you want to see how one family made this work, read this true story by Mary Hartin.

This works in families after the death of a loved one as well. You may think you are helping everyone by staying in charge, but other people may need to step up to the plate in order to help their healing process.

You also need to give up holiday control over perfection. Your house, your appearance, the gifts you choose, the food you serve . . . you are the one who expects them to be perfect. Your family is far less critical of you than you are.

Communication Resolves Most Holiday Conflict

Finally, effective and positive communication goes a long way toward eliminating holiday conflict — or any conflict for that matter. Think about what you say before you say it. If you can’t answer honestly and appropriately, ask for a few minutes. Speak in a positive, not accusatory, manner. Offer solutions that benefit everyone.

Think about the situation and decide what is actually worth arguing about. Especially try to be accommodating with one another whenever possible when scheduling during the holidays. If it is within your power to be flexible, then do so.

Discuss Your Holiday Conflicts Knowledgeable Board Certified Family Law Attorney

Contact Us Today.

817-336-8500

info@bobleonardlawgroup.com

Guardianship: Special Needs Child Turns 18

Mon, 06 Mar 2017 17:05:00 GMT

Guardianship: Special Needs Child Turns 18

When My Special Needs Child Turns 18

As a Texas parent, you know the responsibilities you have for your child. You provide food, clothing, shelter, medical care, education and nurturing.

As a Texas parent, you also have rights under the law to have the ability to make decisions for your child, including medical, educational and legal decisions. When your child turns 18, you no longer have these rights, even if your child is disabled and unable to make decisions.

Suddenly you are not informed of, or invited to, your child’s IEP (Individual Education Plan) meeting. The teacher, counselor or school administrator cannot give you information about your child’s progress. The family doctor will no longer allow you to attend examinations. The therapist does not talk to you or give you feedback anymore. You assumed that because your child has special needs, you will always be a parent with the responsibilities and rights you have shouldered and accepted.

When a special needs child turns 18, no matter their medical condition, all their legal rights are automatically transferred to them. Now the child, not the parent, is allowed to make decisions. What does this mean in practical terms?

Thankfully, Texas law has a provision to help you when your special needs child turns 18: Guardianship. Guardianship is a legal process that provides the ability for a parent or other competent person to assume the responsibility for the legal rights of a person who is incapacitated.

In a guardianship proceeding, you, as a parent, can petition the court to allow you to continue to exercise your parental responsibilities, rights and duties when your special needs child turns 18. The process itself is a straightforward one, but requires the assistance of a qualified and experienced guardianship attorney . In order to be prepared and have no gap in services or treatment, you should plan to begin the process between three and six months ahead of your child’s 18th birthday.

As a past president of Guardianship Services, Inc. , in Fort Worth, Texas, Bob Leonard is extremely knowledgeable about the guardianship process. Through his law practice, he regularly provides guardianship representation to many parents for a special needs child turning 18. In addition, the Tarrant County courts and Parker County courts frequently appoint Bob to provide representation to the proposed ward.

Be Prepared. Act Now. Experienced and Knowledgeable Guardianship Attorney.

817-336-8500

5 Steps to Prepare for Probate

Wed, 01 Mar 2017 02:48:00 GMT

What to Do When a Loved One Dies. 5 Steps to Prepare for Probate

5 Steps to Prepare for Probate

Death of a Loved One. . .

What to Do First

The death of a family member or other loved one is difficult. When you are grieving, it is hard to focus on what you should be doing. This simple guide is designed for you to help you make sense of the probate process and keep you on track.

Using these 5 steps to prepare for probate will make things easier for you, but remember you are not alone. Always ask for help from others if you need it; people are ready and willing to help, but won’t want to intrude. Allowing others to help you takes a load from you and can be a blessing to them.

Any time you are unsure about what to do, contact a qualified probate attorney who will steer you in the right direction. Even if you are not ready to begin the entire probate process, especially if you are not ready, getting an attorney on your team early on makes it simpler.

Step 1. Collect Available Paperwork

Step 2. Arrange for and Attend Funeral

Step 3. Review Paperwork, Notify and Submit

Step 4. Secure Property

Step 5. Contact a Probate Attorney

Let us hear from you on on Facebook . Was “5 Steps to Prepare for Probate” helpful?

Bob Leonard Law Group, PLLC, Practices Probate Law in Tarrant County And Parker County, Texas. We are located at 101 Summit Avenue, Suite 300, Fort Worth, Texas, 76102. Call our law office 817-336-8500. Speak to a highly qualified and experienced probate attorney in Fort Worth about your Tarrant County or Parker County Probate case.

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Complex Divorce with Children Survival Guide

Sat, 05 Nov 2016 01:22:00 GMT

True Story: One Fort Worth Family Survived a Complex Divorce with Children and High Assets

Complex Divorce with Children: Survival Guide

by MaryHartin

We survived a high-asset complex divorce with children. The divorce was also extremely high conflict. More importantly, my children survived the high-asset, complex, high-conflict divorce. How did we do it? We took charge of our destiny and we put our children first.

As a stay-at-home mom when I filed for divorce, I wanted to make sure I got what I deserved. As a powerful executive, my husband wanted to preserve his assets. The divorce was, at times, a battlefield. It was expensive, and it was exhausting. In the midst of the conflict, I stopped to think for just a moment, and that moment changed our lives forever.

Change Yourself, Change your Destiny, Save Your Children

First Came A Change Of Perspective

Changing yourself and changing your perspective, especially in a high-conflict situation like complex divorce with children, is not always an easy thing to do. I know for me it wasn’t, especially early on when it came to matters involving my ex-husband. However, it was probably the SINGLE MOST IMPORTANT thing I could have done. It changed all of our paths, especially that of our children.

Many people going through a divorce believe that it won’t matter if they change because the other party won’t. Well, I say, you never know unless you try, and more often than not, at least some good will come from it.

High Conflict In A High Asset Divorce Does Not Have To Be Your Child’s Biggest Childhood Memory

In my case, I had enough—enough of the tension, animosity, and every other negative emotion you can imagine. I saw what the complex divorce with children tug-of-war was doing to our children, and none of it was good or positive, and none of it was what I wanted to be the biggest thing our children remembered about their childhoods.

Take The First Step In The Battle

So, one day, in the midst of our chaotic legal battle, I reached out to my ex-husband. It was for one of our children’s birthdays. I told him what time cake would be and told him he was welcome to come over and watch that child open gifts, etc… As I expected, he was distrustful and skeptical, thinking it meant he could not have his court-allotted time. Instead of getting defensive, I assured him that not only would he still have his time, but that I wasn’t holding him to the small time frame given for “his turn” with the kids. I explained that since it was a school night, as long as he didn’t have the children out too late, I thought he should just go and do something fun with them without having to constantly watch the clock. Later that night, when he returned the kids home at a very reasonable hour, I got a sincere “thank you” for the first time in a long time.

Keep Moving Forward While Keeping An Eye On Your Desire For The Future

That was the beginning. Yes, it was awkward for all of us at first, kids included. It could be tense, but we slowly kept moving forward. Over time, it got better until it became the norm. Little by little, I noticed him reciprocating with small acts of thoughtfulness. When work schedules changed, kids’ schedules changed, etc., we adapted. We eventually threw the divorce schedule out the window and just did what worked for everyone, including celebrating holidays and special occasions together. We slowly fell into the routine of sitting together at school events. Some parents later told me that they had no idea we were a divorced couple. Good. That was my goal because we were so much more than that. We were parents to two children who loved, wanted, and needed BOTH of us. As survivors of a complex divorce with children, we achieved our goal and more.

Be Patient, It Takes Time To Build New Things

Gradually a comfort level returned, distrust lessened, and real communication began. In some ways, it was like getting to know each other again as people. It also helps that time has a way of healing old wounds—especially when you LET them heal. What’s done is done. We stopped rehashing the past and focused on the here and now, which I believe, was an important part of the healing process.

Then, at some point, an almost miraculous thing happened. We became friends. Also, we learned to rely on each other again in matters affecting the “family unit.” Trust was restored, and a new co-parenting relationship developed. We helped each other out, and truthfully, wanted the best for each other as people, realizing that our individual successes benefitted our kids, and so, we helped each other succeed as individuals.

Our Family Beat This Thing Called Complex Divorce

We won. We beat this thing called “complex divorce with children,” but the true “winners” were our kids. They learned that mom and dad may be divorced, but they actually learned to like each other again, and they could just say, “Hey, can dad come over and watch this football game with me,” or “I’m just going to hang at dad’s,” or “Dad just called. He’s taking us to dinner.” Our kids learned that they still DID have both of us, and we could still be a “family,” even if it was not in the traditional sense.

Trust Your Instincts

Sadly, my ex-husband unexpectedly passed away in February of 2016, at age 57. Do I have regrets? Of course, I do. But, I will always be thankful that I trusted my instinct and reached out to him. I’m thankful for those extra memories and moments the kids had with him, and with us as a family, especially my younger child, who was not quite five when his father moved out of the house. He doesn’t remember an “intact family,” and this was the closest we could give him.

This has been a hard and emotional year for all of us, to say the least. However, I do believe it gives our kids some peace and comfort to know that their parents were in such a good place at the time of his passing. Hopefully, it also allows them to know they can speak freely about him, and we can all share in the memories of the good, happy times. It won’t erase the bad times or memories, but it doesn’t have to be the main thing they will remember. I hope they know we tried to do better—and we did do better.

With all the stressful decisions I had to make in our high asset, complex, high conflict divorce, that one decision to make a change in myself and approach our situation with a new perspective, helped change so much.

You don’t have to sacrifice what you deserve financially in a high asset divorce. But, it can be an excellent decision to work on letting go of resentments if your divorce is a complex, high conflict, high asset divorce involving children.

High Asset Divorce Attorney Bob Leonard Is Board Certified In Family Law, An Experienced Negotiator And An Outstanding Litigator.

High Asset Divorce

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Military Divorce

Tue, 12 Jul 2016 04:12:00 GMT

Military Divorce

Military divorce is a divorce involving military personnel. Most noteworthy there are special considerations in military divorces.

Military Divorce Requires Expert Attorney

First of all, you may be entitled to a portion of a military retirement. Just like civilian retirement, this will depend on several factors. One misconception is that you can’t get a portion of the retirement unless you have been married for at least 10 years. I have witnessed several cases where the client was told this by a service member. As a result of misinformation a client may have settled for far less than they actually received. Hiring a knowledgeable attorney is in your best interests. Remember, if the servicemember has been in the military a long time, the retirement may be the largest asset of the marriage.

There is “no” 10 year rule IN Military Divorce for Retirement benefits

Well, if the “ten-year rule” is not true, what is? A spouse is entitled to share in the portion of the retirement that was earned during the marriage, regardless of the length of the marriage. A spouse “theoretically” cannot have the service (DFAS) pay the retirement out unless the parties have been married for ten years during the time of service. (This is where the misconception started.) I said “theoretically, because I have seen the DFAS offer to pay even though the marriage was less than ten years. Also, there are other benefits available. Do not forget survivor benefits.

In conclusion, clients need to be informed about all of the options. Furthermore, benefits do not transfer automatically. You may need to argue for them. consequently, these issues can be decided in mediation, settlement negotiations or at trial.

There is a 20 year rule for Military TRICARE benefits.

A second benefit for an ex-spouse is participation in benefits such as TRICARE (military health services) and commissary privileges. TRICARE and commissary privileges are more difficult to get. To be entitled to these services, the spouse must have been married to the servicemember for 20 years, the servicemember must have served for 20 years and those need to overlap for 20 years. This is the so-called 20/20/20 rule.

in conclusion, hire an attorney familiar with the unique twists in military divorces. Bob Leonard Law Group, PLLC, provides expert divorce representation to military personnel and their immediate families. Bob Leonard is board certified in family law and has 30+ years experience practicing law in Fort Worth, Texas. Call 817-336-8500 and make an appointment.

Bob Leonard LAW GROUP, PLLC, offers REDUCED FEES to active-duty military clients and first responder s. thank You for Your Service!

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Family Law Litigation Information

Sun, 05 Jun 2016 20:57:00 GMT

Family Law Litigation: You Need an Expert Attorney

Family Law Litigation: Good People Behaving Badly

Your spouse files for divorce.

The other parent files to change custody.

You find out your spouse is hiding assets during the divorce.

The other parent accuses you of abuse,neglect or parental alienation.

The above circumstances above have two things in common:

Family Law Litigation = Fear of the Unknown

Sometimes you simply cannot avoid being sued for divorce or avoid a custody battle. When you are in a lawsuit, it is easy for the other party (someone you previously loved and respected) to become ”the enemy.” It often involves fear; most often fear of the unknown.

Family Law Litigation = Fear for Future

Perhaps you are angry about some “wrong” done to you. Whether just perceived or real, it is still important to you. Perhaps you are worried about the future. Maybe, you can’t afford the cost of losing. Maybe you fear for the well-being of a child or other loved one. No matter what someone else has done to you, and no matter what the future holds, only you can control yourself.

Learn to Control Your Emotions

And you should! Why? Because your case will go better if you do. You will appear more rational to the judge or jury. You will be better able to honestly evaluate your case and make good choices as far as settlement offers are concerned. Your mental and physical health will be better. But that is really hard to do!!! I know; it is. But there are several tools that you have available to help you.

Hire an Expert Family Law Attorney . . . Take Your Attorney’s Advice

Your attorney will review your situation, and how your situation relates to the law. Trust your attorney. Listen to your attorney. If you can’t, find another attorney. Things are generally not as grim as they seem. You will recover from this situation; often things will be far better for you down the road.

I don’t want to belittle you at all; to you, right now, this is the most important thing in your life. Your attorney will have likely seen worse or certainly as bad. Help is available in the form of expert legal advice, and maybe through other professionals.

Learn to Control Your Emotions

This bears repeating, because if you cannot control your emotions, the very worst aspects of your personality will surface. Believe me, we all have negative traits. If you don’t address your emotional balance you are heading for a problem. Not only will that hurt you personally, but is could have disastrous effects on the outcome of your case.

Talk Honestly to Your Attorney About your Family Law Litigation

If you are feeling stressed and feel you need to take extreme measures, talk it over with your attorney first. You will be surprised how many resources your family attorney has to help you through family litigation. Acting out is always costly. Try not to be ashamed of your circumstances and do not hide things from your attorney. Understand your attorney is not the judge he/she is your advocate.

Family law attorneys help hurting people everyday. They have chosen family law litigation because family matters to them.

Expert Family Law Litigation Attorney for Tarrant County or Parker County

Contact Bob Leonard Law Group, PLLC

817-336-8500

info@bobleonardlawgroup.com

Bankruptcy-Divorce?

Sun, 05 Jun 2016 03:25:00 GMT

Bankruptcy Stops Your Divorce!

Bankruptcy-Divorce = Automatic Stay

The bankruptcy attorneys call this the “automatic stay” because as soon as the bankruptcy is filed, any other matter affecting finances is “stayed” or temporarily stopped until the bankruptcy is over or the bankruptcy court gives its blessings. The effect in our case was that we immediately stopped the negotiations. The proper action then is for the bankrupt party to seek to “lift the stay” so that the family law case can go forward. This is relatively easy to do, but it must be done.

If you are in ANY kind of lawsuit, you must tell your divorce attorney immediately if you are in or contemplating bankruptcy. You should do this anyway since bankruptcy can affect

many parts of the divorce decree or other family law order, In our case, the other party is going to seek to lift the stay and proceed with the case. While it may not be a big problem, it will result in both parties having to be in a family law case far longer than otherwise necessary. If the other party had told her attorney that she was in bankruptcy, the stay could have been lifted long ago and the case might be over now.

The ironic thing was than my client did not even know about the bankruptcy. He

went into the settlement in good faith expecting a resolution and is now

simply waiting to get back into the game.

Bankruptcy-divorce? If you have filed a bankruptcy and also need a divorce, contact Bob Leonard Law Group, PLLC, in Fort Worth, TX, 817-336-8500. Bob Leonard is Board Certified In Family Law and has 30+ years experience as an attorney. We can take the right steps in the right order to save you time and money.

Talk to Expert Divorce Attorney About Your Case

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Adoption Information

Fri, 20 May 2016 22:05:00 GMT

Adoption Information

Fort Worth Weatherford Adoption Attorney

People come to me often for adoption information. As an adoption attorney in Fort Worth, Texas I see adoption opportunity comes in many forms. A family member or friend is unprepared for a baby. A woman in crisis may need someone else take her baby or child. Someone may simply want a better life for a child. Whatever the reason, If you want to step in and raise a child, this is a blessing and an opportunity.

Adoption Information for Your Family

Adoption Information: Agreed Adoption or Adoption/Termination

If you have said any of these things, you need to speak with an attorney.

Even when all parties agree, there are specific requirements to make an adoption legal.

Adoption Information: Adoption/Termination Litigation

Infant Adoption Information

If you have ever said any of these things, you will want to speak with an attorney.

Termination with Adoption, whether agreed or not, is a delicate process and requires knowledge of people as well legal expertise. You cannot afford to make mistakes with the future of your children. The Fort Worth legal team at the Bob Leonard Law Group will help you complete your family and to do it the right way to protect you and your children.

Adoption Information: Costs and Financing

If you have ever said any of these things, you need an adoption attorney who will help you find answers and solutions.

The costs of an adoption can be a deterrent to qualified adoptive families. What many people do not know is that there are lots of potential sources to help defray the costs. For instance, many employers offer financial assistance for adoptive families. In addition, the IRS has a very generous adoption credit. There are military adoption benefits, private grants, and loans available. Tarrant and Parker County expert family law attorney at Bob Leonard Law Group, PLLC, can help you find a way to reach your dream of adopting without breaking your bank account.

Speak to a Board Certified Adoption Expert for More Adoption Information

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Do I REALLY Need a Will?

Mon, 18 Apr 2016 18:19:00 GMT

No one plans on dying —Do I Really Need a Will?

by Kimberly Young

Need a Will? No One Plans on Dying. Be Prepared.

You DEFINITELY Need a Will!

No one plans on dying, I know. We all want to believe that we will live long enough to see our grandchildren have children. Unfortunately, it does not always work out this way.

Why You Need a Will: Case Study

Recently we had a client who has a child in college and one in middle school. She had been divorced for a number of years. After her divorce, she was smart and at some point did a Will and all the other estate planning documents. Sadly her ex-husband did not. He died unexpectedly and left no information and no Will.

Now, here she is not only faced with having to raise her children alone (just because they are of age, doesn’t mean you quit “raising” them!) and now her small family is faced with probate issues that are not only expensive…they are overwhelming. Thankfully she has been able to step up and handle the probate issues for her children. Otherwise, the Court could appoint an attorney to handle this and that could deplete the whole estate of any assets it possibly had.

Why You Need a Will: Help Your Loved Ones

She did not have access or knowledge of any of his property, bank accounts, creditors, or investments. She did not have any of his passwords or access to his online accounting. He did a lot of his personal stuff on his work computer—this really really messed things up because they had to give it back to his Employer without being able to access his personal work saved on the computer.

The family had to plan a funeral, and start to digest what they were about to face—an Intestate probate. Intestate means that the person (decedent) died without leaving a Will and the state has statutes, laws that govern how his estate would be handled.

The ex-husband was not the least bit organized. They had to gather all the paper, documentation and try to put together their understanding of his assets and his debts. Some things just will remain a mystery because he didn’t plan on dying and did not have his necessary documents in order nor did he share his information with anyone.

Estate Planning is Critically Important

No one plans on dying. Here are some thing you can do to assist your family in the event you die unexpectedly:

Have a book of passwords and sign-ons. This will help those try to gain access to necessary information if you die unexpectedly. Keep it in a safe place. Let someone you trust know where this information is. You could also keep important documents in a safety deposit box and list the person that can open it in the event of your death

Be organized. Set up a filing system and keep it up to date. This is tough. We all say, I will get to it…but you have to try to do this. It will save your loved ones hours and hours of time.

The best thing you can do for your family and loved ones is a clear well written Will (Last Will and Testament)–For no other reason than to save your family time and most importantly, money. This will be the easiest way for your loved ones to manage your estate.

Even If you are single, divorced, or widowed, you still have assets—bank accounts, a car, maybe even a house. All of these things are reasons to do a Will and tell your loved ones how you want your property divided once you die. You may not think you have the estate worth this sort of preparation, but the family you leave behind is worth it!

A Will is the most important document you will ever sign. Don’t put it off any longer.

Speak to an Experienced Estate Planning Attorney

Contact Our Office

817-336-8500

info@bobleonardlawgroup.com

Grandparent Rights

Thu, 07 Apr 2016 22:44:00 GMT

Grandparent Rights: Protecting, Raising Grandchildren

Grandparent rights have changed over the years. It’s more complicated now, but a skilled family law attorney can still help Grandparents protect their grandchildren. Grandparents step in every day to help raise their grandchildren.

New Law for Grandparent Rights

In the past, it was common for the courts to allow Grandparents to become involved and to give them “standing”. Then the United States Supreme Court changed the playing field. For a Texas grandparent to succeed in court today against a parent, the grandparent must prove that the parent is not fit by proving that the child’s “present circumstances would significantly impair the child’s physical health or emotional development.” You need to talk to Board Certified Family Law Attorney, Bob Leonard at the Bob Leonard Law Group if you have fears about your grandchildrens safety. Our law firm has been very successful with Grandparent rights cases.

When Grandparents Step In

If you have said any of these things call Bob Leonard:

Grandparent Rights Attorney Fort Worth Weatherford

If you are in Tarrant or Parker County, Texas and feel that your grandchild is in imminent danger, then call 911 immediately. Then contact an experienced, expert family law attorney. Board Certified Family Law Attorney Bob Leonard is tough enough to handle the challenge and compassionate enough to put your grandchild first.

Bob will review your situation and discuss all of your options with you so that you can make an informed decision about protecting your grandchildren.

Speak to an Expert Family Law Attorney

Contact Our Office

817-336-8500

info@bobleonardlawgroup.com

Avoid Expensive Probate: No DIY Estate Planning

Wed, 24 Feb 2016 23:37:00 GMT

How to Avoid Expensive Probate, by Kim Young

Do you want to avoid expensive probate issues?

Avoid expensive probate”Do-It-yourself” Estate Planing is not a sure way of avoiding expensive probate fees.

In this “immediate gratification” world we now live in, it’s very easy to “do-it-yourself” Estate Planning. Unfortunately, most of the documents that one can find on the Internet are not sufficient to Texas Estates Code standards and lack the formality that is required by the Courts, and even in some instances, hospitals and doctor offices.

I often hear that “I don’t need a WILL, I don’t have anything!” This statement cannot be more false. I always tell my friends and family, if you have cars, bank accounts, and/or children, you need Estate Planning. If you own real estate or have retirement accounts, it’s even more important to avoid expensive probate issues.

I get at least one or more phone calls a month where someone has passed away without a WILL and left behind bank accounts, automobiles and property. All of these things make it very difficult to transfer title to, unless you have a WILL. A WILL tells everyone how you want your assets divided—no matter how little the value.

A few years ago, many were getting stuck doing an expensive “Administration” of an Estate to receive access to funds held in a bank account. Many would spend thousands of dollars for an Administration to gain access to a bank account, only to find it only had hundreds in it. Thankfully the banks have recognized this as problematic and are much more willing to share with heirs or beneficiaries the amounts in the accounts and they have put a couple of “catch-alls” into their systems to assist people who run into smaller accounts and where there is no WILL.

Saving your family time and money

All of this being said, it is so much easier to actually take the time and thought and contact an attorney to draft a Basic Estate Planning Package. It will save your family time and more importantly money, once you have passed. Our office has a package that includes the following documents:

Usually when a husband and wife come in, these documents the duties are given to each other 1st, and then to each parties individual representatives or same representatives.

Dying without a WILL can cost your family extra expenses and may even cause some to fight over things that if there was a WILL, wouldn’t happen! Probating an Estate, no matter how small, can be very expensive.

Discuss Your Needs with an Experienced Estate Planning Attorney Today

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817-336-8500

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The post Avoid Expensive Probate: No DIY Estate Planning appeared first on Bob Leonard Law Group, PLLC .

Common Divorce Questions

Mon, 07 Dec 2015 17:00:00 GMT

Fort Worth attorney Bob Leonard Answers 16 common divorce questions in Fort Worth, Texas.

Commonly asked divorce questions answered by Bob Leonard, Board certified family law attorney practicing in Fort Worth , Texas. Bob has compiled a list of common divorce questions.

Common Divorce Questions and Answers. Expert Divorce Attorney Bob Leonard

” Most clients come into my office with one or more of these common divorce questions on their list.” — Bob Leonard

How do I start my divorce?

Your divorce attorney can help you with all of the paperwork, but the process is pretty simple. Your divorce begins with the filing of a document called the Original Petition for Divorce with the court of proper jurisdiction. The person who files for divorce is called the Petitioner; his or her spouse is called the Respondent. Once a Petitioner has filed for divorce, notice must be given to the Respondent. This can be accomplished several ways, but is most often accomplished by having the Respondent served with a copy of the Original Petition for Divorce or having the Respondent sign a Waiver of Service.

Do I have to prove fault to get a divorce?

Texas is a “no-fault state,” meaning you do not have to show fault to get divorced in Texas. Your divorce can be granted on the grounds of in supportability, meaning that there is marital discord or conflict of personalities for which no reasonable expectation of reconciliation exists.

Can I show fault in my Texas divorce?

Yes. Fault grounds for divorce in Texas include: Adultery, cruel treatment, abandonment (for at least one year with the intent to abandon), incarceration (more than one year), confinement in a mental hospital (at least three years) or living apart (at least three years). Although Texas allows “no fault” divorce, if one person is responsible for the break-up of the marriage for one of these reasons, the court might consider the fault in the division of your property.

How long will it take to get divorced in Fort Worth, Texas?

Your divorce can be granted after the Original Petition for Divorce has been on file with the court for at least sixty (60) days. If the Petitioner and Respondent agree to all issues in the divorce, (child support, custody and visitation, division of property and debts, etc.), a divorce in Texas can be granted on the 61st day after the Petition is filed.

The process might take a long time if you can’t reach an agreement on all the issues. If there is a formal conviction of family violence against the person who filed for divorce, or if there is a current protective order in place, the 60 days might be waived.

How soon can I get married after my divorce in Texas?

In Texas you have to wait at least thirty days after your divorce is granted to get married again.

How long do I have to live in Texas to file for divorce in Fort Worth?

To file for divorce in Texas, either the Petitioner or Respondent must have been a resident of the State of Texas for six months before he or she files for divorce. Further, the suit must be filed in the Texas county in which either the Petitioner or Respondent has lived for the 90-day period preceding the filing of the Petition.

Can I move with my kids during my divorce?

You should always ask your attorney before you try to move if there are children involved. The courts do not generally like to see one parent move the children away from the other parent.

Can I get divorced if my spouse doesn’t want to?

All it takes is for one of you to believe there is no chance of reconciliation. This means the situation is unendurable or intolerable. It is not a declaration of fault by either party. You can provide testimony supporting this, and the court has the power to grant the divorce.

How much will my child support be?

Child support is generally calculated using a formula. You can find a tool to use at the Office of the Attorney General’s website: https://www.texasattorneygeneral.gov/cs/calculator/ There are certain conditions and factors that will affect the amount of child support you are actually required to pay. Your attorney can provide you with a more precise calculation.

How long do I have to pay child support?

You have to pay child support until your child turns 18. Most courts will order that support continue through high school graduation if the child is enrolled and regularly attending. If your child joins the military or marries, the court may order your child support to end. If your child is found to be physically or mentally disabled, the court can order child support for a longer time.

Do I have to pay my child support even if I can’t see my kids?

Unless there is a court order changing your child support, you have to pay it whether you get to see your children or not. If you are being denied access to your children, you can file for an enforcement of the possession order. Talk to a lawyer to find out how to protect your rights and be successful in an enforcement action.

Can I lower my child support payments if I lose my job?

The amount you pay in child support can only be changed through a court order or through the Child Support Review Process (CSRP) at the Office of the Attorney General which will also result in a court order. You can’t lower the payments by agreement, and you can’t reduce the amount you send without a court order. You may be eligible for a reduced amount if your income has decreased, you are responsible for additional children, medical insurance has changed, or the child’s living arrangements have changed. To find out if your situation qualifies, contact a local family law attorney or request a review through the Office of the Attorney General.

Does my child support go up if I get a better job?

Your child support cannot be changed without a court order or through the Child Support Review Process (CSRP) at the Office of the Attorney General which will also result in a court order. If your income increases, the other party may choose to file a motion to modify your current order or may request a review from the Attorney General.

Can I pay more child support than I have to?

You can increase your payments voluntarily, but if you want to be safe, you should contact an attorney to make sure you are protected if the obligee (the person receiving child support) chooses to take you to court at a later date.

Do I have to let the mom/dad see the kids if they aren’t paying their child support?

You have to follow the court orders regarding visitation and possession even if you are not getting your child support. You can file for an enforcement action against them or ask the Attorney General to file an enforcement proceeding on your behalf to collect your child support. If you are not allowing visits, you could have an enforcement filed against you. Non-payment of child support does not allow you to withhold visits.

Do I have to send my kids to see their mom/dad if they don’t want to go?

You have to follow the court order. It is your responsibility to make sure your children are available when and where they are supposed to be for visits. If you want to change the order, you will have to file a modification with the court. Contact an attorney to discuss your situation and to see what your options are.

There are lots of common divorce questions, and we are providing answers to the ones we hear most often. If you have other questions, please do not hesitate to ask.

Find Out More Answers to Common Divorce Questions from Board Certified Expert Family Law Attorney

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The Divorce Process from a Paralegal’s Point of View Part 2

Mon, 09 Nov 2015 03:51:00 GMT

The Divorce Process from a Paralegal’s Point of View

by Kimberly Young

Paralegal Bob Leonard Law Group, PLLC

knowing what you want helps the divorce process.

As I stated in Part 1 of the Divorce Process , having knowledge and letting your legal team do their job will help you in the long run. That being said, knowing what you want and what you are willing to settle for will help you in the divorce process.

Here are some more things that I have observed being a family law paralegal that will help you through the divorce process:

5. Have an idea of what will work for you and your family. You will know whether or not dropping the kids off at school will work for you or your spouse. You will

know what monies are necessary to maintain the status quo in your home. You should know what’s in your child(ren)’s best interest when it comes to access and a possession schedule. All of this will be addressed in Temporary Orders.

6. Usually your initial filing includes a request for Temporary Orders. Temporary Orders are the “rules to live by” until either a final agreement is reached either through negotiation or mediation or until further order of the Court. These can include but are not limited to any of the following—child support, spousal support, temporary use of property, including who is going to live in the house, who is going to drive which car and who is going to be responsible for which debts. It can also include with whom the children are going to be living with, who is going to be paying child support and whose going to have a possession schedule.

a. These can be done without going to Court and can be drafted without having a hearing. We attempt this whenever possible to save our Client’s the cost of preparing for and attending a hearing, when we usually know what the Courts are going to set by the facts of the case and the Judge we are going to be in front of.

b. We really prefer to not have the Court order these things—but when the parties can’t or won’t reach an agreement, the Judge will make orders that the parties will have to live with. Pretty frustrating when the Judge doesn’t know all the issues, but just what little information is given to them in a brief amount of time.

7. When Temporary Orders are working and the ground rules have been set, the next step usually is an informal exchange of information and or documents or a more formal exchange known as “Discovery”. Discovery is expensive. Expensive to draft and expensive to answer. Usually when you send it to the other side, their attorney in turn, sends you a set to answer as well. Be organized.

a. As a family law paralegal, I have seen the end of both spectrums when it comes to the Discovery process—I have had the client who brings me every answer and every document copied and with exhibit numbers on each response. I have had the Client who doesn’t want to take the time but is willing to spend the money to have me go through a box of documents and try to figure out the responses. This is very EXPENSIVE AND TIME CONSUMING. Do not do this unless you have no time and plenty of money!

8. Discovery is written requests for information some which is a “production and inspection” of documents; one is written—you can ask a total of 25 questions that are meant to be answered thoroughly, there are an unlimited number of things you can ask to be “admitted or denied”—these are great if you have specific questions you want answered—usually you already know the answer. The others are very basic and case specific and actually “nail” down the uses at hand and the witnesses and evidence you are going to use at trial. Once we have exchanged information and we find the “smoking gun,” or not, but we have the information we need to proceed, Mediation is usually next.

9. Have an understanding of what your ideal settlement will be. That being said, always remember that even though you may think you earned it all, or that it’s all in your name, and it’s yours, doesn’t mean that it is. Texas is a Community Property state and just because your name is on it, doesn’t mean you own it outright. Mr. Leonard will be able to explain this when you meet with him. Also have a “this is my bottom offer” as far as this is the least I want to walk away with. It will give you some perspective and some wiggle room for negotiation.

a. You know your spouse better than anyone. You will know what their sticking points and what their soft sides are. This information will help us understand what is important to them and what will they will be willing to negotiate on. Mediation is a process of settlement negotiation that the Courts require the parties to attend with their attorneys in hopes to reach a final agreement. This is where this information is most helpful.

10. Mediation is where most cases settle. I believe Mr. Leonard has stated that 97% of his cases are settled either before or at Mediation.

a. Mediation is a long process. We usually suggest to our clients to bring a book, laptop, Kindle or something to occupy the down time. The mediator will go from room to room and hear what each party has to say while taking offers back and forth and giving each party ways to settle. This can take all day in some instances where there are lots of issues, i.e., custody is an issue, possession, property and debt—all of these issues can be highly emotional and contentious. It’s best to listen to your attorney and not go spending a $1.00 to save a dime!

11. Once Mediation is successful, drafts of the Final Decree of Divorce as well as other ancillary documents which may include—wage withholding order for child support, Qualified Domestic Relations Order used to divide retirement accounts, Deeds transferring title to vehicle and or property as well as a couple of state required documents.

12. If mediation isn’t successful, then the next step is Trial. It’s expensive and the preparation is very time consuming. A divorce can be done very easily without much fight if the parties are willing to set aside the emotions and anger and focus on the end result. Divorce is a process in itself. Knowing that you will make it through this is a blessing. Knowing that you have a very knowledgeable and caring legal team is priceless.

Speak to Expert Divorce Team for More Information

Contact Our Office

817-336-8500

info@bobleoanardlawgroup.com

The post The Divorce Process from a Paralegal’s Point of View Part 2 appeared first on Bob Leonard Law Group, PLLC .

Prepare For Divorce: Divorce Process from a Paralegal Part 1

Fri, 30 Oct 2015 21:57:00 GMT

Prepare For Divorce: Advice from Experienced Paralegal Part 1

Prepare for Divorce. Experienced Paralegal Kim Young has good advice

Many people see the “writing on the wall” long before they contact an attorney’s office seeking a divorce . Did you know you can prepare for divorce even before you contact an attorney?

If You are considering a divorce here are a few tips that will help you prepare for divorce:

1. Obtain financial documents , including your paystubs and those of your spouse, the last 2 years of tax returns, retirement account statements, 401k statements, bank statements, credit card statements, phone bill statements, car notes, deeds to home or land and titles to vehicles. Please note, that not everyone has these assets/debts, so they may not pertain to you or your particular case.

a. All of these documents will assist your legal team in preparing documents necessary to start your divorce proceedings and assist them in getting a clearer picture of your financial situation.

b. Not everyone is able to get copies of these documents prior to filing for divorce; just know that if you are, it will save you time and money in the long run if you are able to get these before you leave or file your initial documents with the Court.

c. Your legal team can get these documents from your spouse and their attorney through a process called “Discovery.” It’s a time consuming and expensive process but we can get them through this formal request.

2. The more honest you are with your legal team the easier it will be. Thankfully we are a very understanding group and have seen or heard most things. I always tell people that if you can’t tell Mr. Leonard, you can share it with me. If you still don’t feel you can disclose it to us verbally, we give you the opportunity to write it down in our “Sensitive Topics” document. There is nothing worse than for the truth to come out in front of the Judge or on the stand in front of everyone. Mr. Leonard prefers to know the “dirt” ahead of time so he will know what to do when and if the time comes for it to be disclosed to the Court.

3. Once you have met with your legal team and retained the firm, this is where the legal team takes over. Documents are drafted and filed with the Court. Your spouse is served and we wait for a hearing date, usually within 2 weeks of the initial filing.

4. Your spouse may or may not hire an attorney to represent their interests. If they do, it’s much easier to work with another attorney than a person without the legal knowledge necessary to reach a fair and equitable agreement.

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Dating After Divorce

Thu, 29 Oct 2015 01:04:00 GMT

Dating After Divorce

Dating After Divorce by Mary Hartin

Dating After Divorce can be tricky, whether or not you have children . However, if you DO have children it’s even trickier. I chose not to date for quite some time after my divorce. This is an individual decision. However, I recommend waiting until you are satisfactorily recovered from your divorce before testing the dating waters again.

What does this mean? To me, it means not being emotionally vested in the actions of your ex, what he or she does, or who they may or may not be spending time with. It means feeling neutral toward them—a type of apathy wherein their actions do not affect your day-to-day well-being.

Dating After Divorce: Do’s and Don’ts

Here are just a couple of my dating “do’s and don’t’s. ” My biggest recommendation, for a number of reasons, is do NOT date until your divorce is final. Separated and/or living apart is not divorced. It just complicates things and can be both confusing and hurtful to your children, depending on their ages. It can also inflame your soon-to-be ex and make the whole divorce process more stressful than it probably has to be.

Dating After Divorce: Take it Slowly

Once you re-enter the dating scene, take it slow. If he or she is divorced, I recommend dating someone who is at least as healed as you. A successful relationship takes two healthy people. Even if you are not looking for the next great love of your life and just want to casually date or have some companionship, you are both deserving of someone who is healthy and positive. Besides, if you have children, I would think that this is the type of person you would want around them—which brings me to my next recommendation.

When it comes to your children, avoid the “revolving door.” They do not need to meet every person you date, meet for coffee, or even know about every person you may be talking to. More often than not, it’s probably best that they don’t. Also, remember, especially if you have older children, they should NOT be your confidantes when it comes to your dating or love life. No matter how close you are to your children or how mature they are, they are still your children. It makes them uncomfortable and puts them in an awkward situation, especially with their other parent. When I decided to date again, I made sure I met the person away from my home, and preferably, on a weekend when my children were with their father. Why cause them any anxiety when, nine times out of ten, I ended up not wanting a second date anyway. In November, I will have been divorced eight years. I can honestly say that my children have met two men in all that time.

Another suggestion is that while it may be tempting, don’t flaunt your new relationship in your ex’s face. First of all, it’s none of his or her business. Secondly, why stir the pot? You both know you will probably both eventually date again. That being said, if you have young children, and you plan on remarrying or moving in with someone, I believe there probably are some conversations you should have with your ex, but only to the extent of how your children may be impacted. Again, neither of you has a right to relationship statuses of the other.

Dating After Divorce: Keep it Drama-Free

Lastly, keep your dating world drama free—for your sake, and your children’s sake. There has been enough upheaval for them already, and your goal, as their parent, should be a new stable foundation for all of you. Dating after divorce can be a very rewarding and enriching experience, if done with the sensitivity that each individual situation requires.

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Three D’s in Divorce: Avoid Them

Sun, 11 Oct 2015 19:18:00 GMT

Three D’s In Divorce: Avoid Them

I call them the Three D’s in Divorce, because they are areas where we see people get into trouble during their divorce, and sometimes, it hits them hard.

The First “D”- DRUGS

The first “D”of the Three D’s in Divorce is drugs. If children are involved in any family law matter, then the use of illegal drugs, or the misuse of legal ones, is a serious concern to the courts. I have even heard one Judge say that she will never give a child to a parent who tests positive.

It doesn’t do any good to try and justify it. “Well, this is legal in Colorado” will not play well in court, or “This drug is a prescription drug; it’s just not my prescription” is not any better.

If a parent uses an illegal or misuses a prescription drug, the court will take that into consideration when deciding who gets primary custody of the child, what the possession schedule will be, and whether the possession will be supervised.

The Second “D”- DRINKING

Yes, alcohol is legal. The use of it, however can affect a case involving children this is why it is one of the three “D”s in divorce. It is easy to see that one (or more) DWIs will be considered by the court; especially, if the child is in the car at the time. However, just the use of alcohol can be argued as a factor in a divorce case. Again, Judges don’t want to hear excuses. “I just got drunk that one time” will not fly and neither will “I just have that one DWI.” Judges have all seen studies found that first offenders are very likely to have driven drunk before their first arrest. In fact, studies found that on average, one arrest is made for every 88 instances of driving over the legal limit defining drunk driving.

A Judge is not going to be impressed if someone with a child is engaging in activities involving alcohol. I have been in court when opposing counsel offered pictures of my client with a drink in his hand while in possession of the children and tried to show that my client was irresponsible. The opposition never even suggested my client was intoxicated. We were able to show that the location was a family restaurant (they called it a bar) and kept primary custody for my client, but it could easily have gone the other way. Again, alcohol is not illegal, and a reasonable amount will have little effect on the child, but it might have a big effect on the case.

The Third “D”- DATING

Clients frequently want to know when they can start dating again . It is hard sometimes to understand why dating is one of the Three D’s in Divorce until you face the Judge and an attorney prepared to pursue everything in the best interest of their client. The appellate courts have been clear; adultery is adultery, even after the spouses have separated and are in the process of a divorce.

Sometimes, it is easy to turn an uncontested divorce into a contested divorce when your spouse becomes aware that you are now dating. Before, he or she was willing to just split the assets and move on, but now there is a touch of betrayal or even just a desire to jump on the opportunity to get a better deal. Judges absolutely can take your dating relationship into account, both when deciding on who has primary possession of the children and how the property is being divided. Remember that a judge can disproportionately award community property based on the behavior of a spouse that damages the marriage relationship.

Your personal conduct, both before and after the date of separation, through the date of the divorce, is subject to being questioned, both in deposition and at trial, in complete detail. It’s not unusual for an attorney to take the deposition, or subpoena to trial, a person that is in a relationship with the other party, often referred to as the paramour. If you think that the divorce process is tough on you, think about how your girlfriend or boyfriend will feel when that subpoena arrives.

I will accept that there are people who cannot wait. If you can’t wait, then follow these two rules: (1) Do not appear in public any more than necessary. You don’t want your spouse seething every time he or she hears that you have been spotted. (2) NEVER take the paramour around your children. Few things can stir up a Judge as much as involving your paramour in your children’s lives. NEVER means NEVER–not at the house, not at dinner, not even just picking them up or dropping them. If you follow the above rules the likely hood that your dating will cause you problems during your divorce.

There is a fourth Divorce “D”, but it has to do solely with property. These Three D’s in Divorce affect children and, occasionally, property. I will address the fourth “D” in a later blog. If you are facing any issues with the Three D’s in Divorce, discuss it thoroughly with your attorney. Attorneys can represent you a lot better when they are aware of everything that may come up in court. You can help your attorney help you. If you are in the Fort Worth Area and need a divorce attorney. Contact the Bob Leonard Law Group at 817-336-8500.

Co-Parenting , Dad’s House Rules vs Mom’s House Rules

Thu, 03 Sep 2015 14:59:00 GMT

Co-Parenting after the divorce. “What I have learned about co-parenting in 8 years.”

Co-parenting challenge: Allow your ex-spouse to fully express their love and support for your child in their own way. Keeping your eye on your child’s need to be loved and parented by you, too.

“When you call The Bob Leonard Law Group, there is a good chance I will have the pleasure of speaking with you. While I DO NOT have a degree in counseling, law, or in dealing with divorce, I have plenty of experience co-parenting.”

After 15 years of marriage, I became single and a co-parent to two children. My daughter was 13 and my son was 5 ½ at the time my divorce became final.

I have been divorced nearly 8 years, and to say my ex-husband and I have come a long way since then is an understatement. Most people would agree that I have an unusual post-divorce relationship. My ex-husband and I co-parent extremely well and treat each other with the respect we each deserve. Our situation is not possible for everyone, nor should it be, but I hope I can offer some “lay person’s” insight and advice from what I learned dealing with one of our first difficult conflicts.

Dad’s House Rules vs Mom’s House Rules

Respecting a co-parent’s right to establish the rules for their house is important. Whether you are the primary custodial parent, the parent with visitation, or in a shared custody situation , you may learn quickly co-parenting creates an environment for children to become masters of manipulation. Children can, and will, divide and conquer to get what they want—no different than if you had remained married. Alienation of a parent is not a healthy situation for a child. What makes co-parenting challenging is dad’s rules and moms rules usually differ, whether it’s meals, bedtime, homework, TV, video games, etc.

Establishing communication early on with your former spouse is also important. I find that if you CAN have a face-to-face or phone conversation, that’s best. Why? Because putting everything in writing can lead to miscommunication in intent and tone, etc. Try to compromise on some things. Let’s face it, often you’re divorced because you don’t have the best communication skills or ability to compromise with your current co-parent. Co-parenting is a different kind of relationship. You are no longer spouses, but you will ALWAYS be parents. Your kids are testing the waters, too. This is their new “normal,” but to them, it feels ANYTHING BUT normal.

If you are unable to compromise, and your kids are old enough, explain that mom and dad have different house rules, and while dad and mom may not agree on those, it’s important for THEM to obey the rules at each house. Explain that the rules are different because of work schedules, and sometimes the rules are different because you simply think differently and have different opinions. Trust me, your kids already understand that on some level, even if they are young. It’s alright to say that you each are doing what is best for your homes and what you each feel is best for them, WITHOUT using this as an opportunity to “bash” the other parent. Obviously, I am not talking about rules (or non-rules) that put your child in danger.

Kids are kids. They will “forget,” either legitimately, or not, when going from one house to another. Remind them, gently at first. If you see it becoming a habit, warn them that if certain behavior continues, or if certain chores aren’t done, their privileges may be lost. Don’t let YOUR GUILT over the divorce allow you to become a “soft” parent. Kids still need boundaries, whether they are with you or not.

Encourage questions. Let the kids ask you why you allow/don’t allow certain things. Again, don’t speculate about the other parent. Stay in your own realm. When there are no boundaries at the other home, this can be hard to let go of, but you have to.

People have different parenting styles. If your spouse was not the disciplinarian while you were married, don’t expect him/her to become one once you are divorced. Now, take a deep breath, exhale, and pick which battles are truly worth fighting.

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Parental Alienation

Sun, 23 Aug 2015 03:36:00 GMT

Parental Alienation Hurts Children

Parental Alienation: Your Children are the Real Victims

Sometimes there are strong negative feelings between two parents. Sometimes one parent will try to pull the child away from the other. If you have said any of these things, you need an attorney who is tough enough to fight the parental alienation battle and compassionate enough to put your child first:

Parental Alienation is a very real and very traumatic syndrome. The alienated parent is deprived of the opportunity to establish a positive relationship with his/her child. The children lose the benefit of having both parents available. The attorneys at the Bob Leonard Law group are ready, willing, and able to go to the mat for the parents and the children and stop parental alienation.

Divorce is hard on kids. But, parental alienation can cause serious problems for children caught between two parents in a divorce. Children can act out in inappropriate ways. They become evasive and dishonest with their parents and other authority figures. Alienation even causes rifts with extended family members.

Texas family code is changing to avoid putting kids in uncomfortable situations. The following link is an information page on parental alienation, it is not legal advise or counseling. I have included the link in this family law blog because being informed about the effects of alienation and learning to identify it can help us avoid putting children at risk. For More Information try this SUPPORT link.

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Same Sex Marriage Texas

Fri, 14 Aug 2015 21:44:00 GMT

Same Sex Marriage — Couples are the Same as Heterosexual Couples in Family Law

Same Sex Marriage: What it Means for Texas Family Law

Politics aside, there is no doubt that we have witnessed history in the making. On June 26, 2015, the United States Supreme Court changed the standard notion of marriage forever when it ruled that same sex-marriage is legal in all 50 states .

Same-sex couples began to obtain marriage licenses in some areas of the state with in hours of the ruling. Despite the high court ruling in Obergefell v. Hodges , much of Texas (and many Texas citizens) still does not embrace the idea of same-sex marriage. The crux of the issue appears to be whether an official can refuse to perform a ceremony or issue a license based upon sincerely held religious beliefs. Good question.

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60 Day Divorce

Tue, 28 Jul 2015 17:19:00 GMT

60 Day Divorce is Possible

The Texas Family Code does provide that you can be divorced in 60 days. More accurately, it provides that you cannot be divorced until 60 days after you file for the divorce. (Note: There is an exception for family violence.) We process these as fast as possible.

60 Day Divorce Criteria

60 Day Divorce Slow-Downs

But, if both parties agree and know everything that they need to know and have access to all of the information and they agree on what to do then we can process a divorce in as few as 60 days. We do several 60 day divorces every year and you can take advantage of our Simple 60 package if your case meets the criteria.

60 Day Divorce Altermatives

If your situation doesn’t fit the Simple 60 criteria but both parties are agreed and there is nothing contested, you may be able to be divorced quickly. If your case involves children, property, retirement accounts we still have a flat-fee rate plan for you but most likely you wont be divorced in 60 days.

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Texas Family Law Influenced by Baseball?

Thu, 18 Jun 2015 21:20:00 GMT

Texas Family Law influenced by Texas Rangers’ divorce?

Texas Family Law Clarified by Baseball

Esteban Loaiza was a pitcher who played with the Texas Rangers from 1998 to 2000. In a previous blog I detailed information about how we frequently misread court documents using the divorce pleadings of the Rangers’ Josh Hamilton as my example. This blog will show you how another Rangers’ player, helped to make Texas Family Law history.

While in Texas, Esteban Loaiza and his wife Christina, were divorced. The court divided their community property and Christina appealed. Among other things, she claimed a right in part of Esteban’s guaranteed payments under a contract that he has with the Toronto Blue Jays.

In October of 1998, Esteban and Christina were married prior to his being traded to the Texas Rangers. He was traded in July of 2000 to the Blue Jays. Apparently, he maintained a Tarrant County residence because in August of 2000, he filed for divorce.

In February, 2001, while he was separated from his wife, he signed a contract with the Blue jays that provided for “guaranteed” payments on $4 million in 2001 and $5.8 million in 2002.

They were finally divorced on April 30, 2002, and the court held that the payments were separate property because he was required to complete his services as a baseball player before he was entitled to the money.

Generally, whether an asset is community or separate depends on its status at the time that title was acquired. In other words, if one buys a house before marriage it is his or her separate property, but if it is acquired during the marriage it is the spouses’ community property. Christina claims that the payments under the Blue Jay contract were community property because the contract was signed during the marriage.

Esteban, however, contended that because he was required to render services as a baseball player, he was being paid for services rendered after the divorce. He alleged that a spouse is not entitled to a percentage of his or her spouse’s future income after divorce. A spouse is only entitled to a division of property that the community owns at the time of the divorce.

The appellate court agreed with the trial court and Esteban and decided that the 2002 payments were his separate property.

The decision as to whether property is community or separate is often complicated with many conflicting rules. Although I omitted discussing them, there were a lot of other arguments in this case. I thought that you might be interested in how two baseball cases influenced and interacted with Texas Family Law.

If you are looking for a Texas Family Law Attorney in Fort Worth or surrounding counties, Contact the Bob Leonard Law Group at 817 335-8600. Bob is Board Certified in Family Law by the Texas Board of Legal Specialization, a claim that less than one-percent of Texas lawyers can make.

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Divorce Morality Clause

Sun, 07 Jun 2015 06:22:00 GMT

Morality Clause in Divorce Papers?

Divorce Morality Clause: What it Means

During a divorce action you sometimes hear the term “morality clause”. What this basically refers to is not allowing a person to have a person with whom they are in a romantic or dating relationship present in the house when the children are there, or present with the children between certain hours such as between 9:00 p.m. and 8:00 a.m. In other words, no “sleepovers.”

Judges generally do not like one parent exposing the children to a girlfriend or boyfriend while the parent is still married to the other parent. Frequently, the judges don’t even want the “special friend” to be around the children at all and sometimes will prohibit that.

Not only do the judges consider it to be a morality issue, but they also want the parents concentrating on what is best for the children during the divorce rather than paying attention to a third person.

You rarely find these provisions present in the final decree of divorce. The judges recognize that they cannot manage the relationships after the divorce and they don’t want to give the parent an incentive to rush into marriage just to escape this prohibition.

If you have a “special friend” during the divorce, discuss that with your attorney and take the attorney’s advice. There is every chance that the attorney will tell you to put the relationship on ice pending the divorce. Even though you are separated, a sexual relationship with a person not your spouse is still adultery and that is something that the judge can take into account when deciding such matters as the appropriate division of property, custody of the children and possession of the children. You will probably not like what you are told, but it is good advice.

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Tax Return: Who Claims Your Child?

Thu, 14 May 2015 01:29:00 GMT

Who Claims Child on Tax Return?

Tax Return: Know Who Claims Your Child

In divorce settlement negotiations, the question needs to be asked who gets to claim the child on his or her federal income tax return. There are two principles to keep in mind when your going through a divorce:

First, the state court (and thus your decree) cannot override federal law. In other words, the judge cannot tell the feds what to do. If the parties agree to assign the tax exemption to one parent or the other, they can do that. In fact, there is an IRS form specifically for that purpose.

Second, the person paying child support often believes that he or she is providing all or most of the support for the child. The truth is that Texas statutory child support rarely provides for even half of the child’s needs. All month, every month, the primary parent puts a roof over the child, feeds the child, clothes the child, and transports the child to and from various events and school. What are the biggest costs? Child care and medical care. The U.S. Department of Agriculture estimated in 2014 that the total cost of raising a child is close to $250,000. That works out to almost $1,200 per month per child. In reality, some children cost less and some cost far more. The cost is, of course, more when there are two households to consider.

The Internal Revenue Service takes the position that the person who provides the most for the child is the one who gets the tax exemption. The presumption is that it is the primary parent.

Some divorced parents take a practical approach. A situation that I see frequently is that the father is a high wage earner and the mother has primary and makes less money. If the mother pays little or no taxes, and the father is in a high tax bracket, then it does not make sense financially for the mother to have the exemption because it would go to waste. It makes sense for the father to agree to pay the mother more (good for mom) and the mother to agree that the father gets the exemption (good for dad.) This is something that parents typically don’t think about and many attorneys don’t either.

The handling of taxes in a divorce can have far reaching consequences in many ways other than the children. Sometimes a divorce decree can be drafted in such a way as to significantly save on income taxes. Since the judge cannot override the federal law, most of these beneficial solutions take cooperation. Failure to cooperate can be costly.

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Josh Hamilton Divorce

Mon, 27 Apr 2015 15:57:00 GMT

Josh Hamilton Divorce: Case Analysis by Board Certified Divorce Attorney

Josh Hamilton Divorce: A Case Analysis

Whether you are a baseball fan, regardless of whether you are a Texas Rangers fan, regardless of whether you are a Josh Hamilton fan, the recent publicity about Josh Hamilton divorce does him (and his wife) a disservice and unfairly perpetuates baseball and divorce stereotypes.

The press has done a remarkable job of misleading the public as to what Mr. And Ms. Hamilton probably would prefer to be a personal matter. The reporting on the Josh Hamilton divorce has likely led readers to make assumptions that are not based on reality. No one media outlet is solely responsible as the stories and deceptions have been a significant part of the reporting of many print and electronic media.

Fortunately for readers of this blog, it gives me a chance to discuss several incorrect assumptions that are frequently made. Also, many people read the divorce petition filed by their spouse and misunderstand what is happening. As a guide to the initiating of a divorce, let’s parse the reporting.

Newspapers correctly pointed out that the reason for the Josh Hamilton divorce was conflict between the spouses. Specifically, the Hamilton petition reads: “The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.” Don’t read anything into this! This language comes straight out of the Texas Family Code and defines what is typically called a “no-fault” divorce. This is the least aggressive pleading that you could have since any other pleading would require the petitioner to plead a “fault” ground such as adultery or cruel treatment. When I see this in a client’s petition, it gives me hope that it may be possible to resolve the dispute without too much litigation.

The articles about the Josh Hamilton’s divorce make a big deal of the fact that there are 34 “requests” in the petition including “prohibiting his wife from using a Maserati and 1972 Chevrolet Blazer in her possession; prohibiting her from ‘hiding’ the children from him; prohibiting her from making disparaging remarks against him or his family.” Again, these are common “injunctions” that appear in many, if not most, petitions filed. Family lawyers typically use language from the Texas Family Law Practice Manual and, except for the specific references to the Maserati and Blazer, this petition directly quotes from the manual. There should be assumptions made about Ms. Hamilton based on these words.

Articles go on to discuss certain prohibitions against Josh Hamilton, including that he can’t see his children without supervision and he cannot go to the couple’s three homes. This is true but misleading in some regards. First, while it seems to be implied that there are court orders, they are, in fact, Rule 11 Agreements. A Rule 11 Agreement is an agreement by the parties that has about the same effect as a court order. The difference is often that the court does not make a decision; the parties do.

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Child Possession and Child Support. Two Separate Issues.

Tue, 21 Apr 2015 17:21:00 GMT

Possession and Child Support: Related? Not Really, No.

Possession and Child Support are Two Separate Things

Want to watch a judge get angry? It’s easy. One of the quickest ways to make a family court judge angry (or maybe just frustrated) in court is to tell him or her: “He is not paying child support so he can not see the kids” or “He does not let me see the kids, so I am not going to pay child support.” Basically saying, possession and child support are part of the same argument.

Possession and Child Support Enforcement

Not True. Possession and child support are two separate issues. If one parent is not letting the other parent see the children, then the other parent can file a motion to enforce possession. If one parent is not paying the other parent child support that has been ordered, then the other parent can file a motion to enforce child support. Parents have right to possession and rights to support.

Each parent’s obligations are different. It is up to the court to sort these issues out, not the parents. In fact, the Texas Family Code prohibits a judge from conditioning a child support obligation on whether the parent allows possession. Basically, if you use possession or child support as a weapon to avoid the other, it will not work. The judges understand that, in essence, you are saying that it is OK for you to be bad if the other person is bad also. That just won’t fly in most courts.

A corollary involves the parent who WANTS the other parent to get the kids but he or she won’t. When people are going through their divorce, they frequently go to great lengths to ensure that they get the maximum time with the children. Every minute is precious. Of course, after a while, they realize that they need a break, just like everyone else. When the people were married, it was easy for one to relieve the other from having to deal with the children. Now, they need a break, but the other parent just won’t exercise his or her possession. So, we get questions about how to make them do it. The truth is that you can’t. The judge cannot make a person do something. Of course, there are things that the judge can do. For example, if a parent does not exercise possession, there is an argument that the first parent needs more child support. In a case where the father sometimes did not show up for pick up the kids, I have been able to secure an order that the father would have to pay for child care if he did not give four days’ notice that he was not going to pick up the children (mom worked on those Saturdays.) Your attorney should be able to help you sort out what you can and cannot do.

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The post Child Possession and Child Support. Two Separate Issues. appeared first on Bob Leonard Law Group, PLLC .

Dividing Assets Obtained After the Breakup, but Before the Divorce.

Fri, 10 Apr 2015 21:12:00 GMT

Dividing Assets Obtained After Breakup Before Divorce

As a family lawyer in Tarrant County and Parker CountyTexas, I find that many of my clients are facing similar circumstances. One of the common questions I am asked is:

“What happens if a person going through a divorce obtains property before the divorce is granted?”

Dividing Assets in Divorce

The circumstance might be because the parties broke up years ago and just never divorced or it might be that someone acquired the property while the divorce was pending. Before discussing this, let’s review some principles of Texas marital property law first . This example is an oversimplification. But, It shows how the family courts look at properties. First let’s say, The wife has her own separate property estate, then husband had his own separate property estate and there is community property that is owned by both of them.

There are lots of exceptions, but generally, property obtained during the marriage is community property. Property owned before marriage or that is obtained during the marriage by gift or inheritance is separate property.The judge can divide the community property, but has no authority to divide separate property.

Dividing Assets Does Not Have to Be Equal

The judge does NOT have to divide the property equally; he or she can give one part more of the community estate than the other party. So, if the parties separate and the one of them buys a car, land, or other property using community funds, the new asset is still community property. The same holds true for money put into a retirement account. It does not matter whose name is on the deed or title. The question is, how will the judge divide this property? The answer is, I don’t know. The judge has wide discretion in dividing the property of the marriage. There is no question that the property is community property, but there can be widely divergent results.

An example of this is a case where the husband started a new business after the parties broke up. The case was long and contentious and at the time that the judge had to make a decision, the judge said that she will not give the wife any of the business since the husband bought into it and worked on it after the wife left him. I question the legality of this since the husband partially used community funds to get into the business, but even with this fact the judge still did not consider it in her decision.

I have also seen cases where the judge divided everything that the couple had on the day of divorce even though one spouse earned it after the break-up. I believe that this more closely corresponds to Texas law and I would advise anyone thinking about starting a business or obtaining new property not to do so unless they were willing for it to be community property. As I stated before, this is an oversimplification of Texas community property law.

When there is other property obtained during the marriage that is separate and there is frequently the possibility that there is reimbursement due if one marital estate pays for another. If you are concerned about this; many of the assumptions that people make are simply wrong. It is always a good idea to seek the advise of a family law attorney. If you do not have a family law attorney in Fort Worth call the Bob Leonard Law Group at 817-337-8500.

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10 Things To Tell Your Legal Team

Fri, 20 Mar 2015 17:45:00 GMT

Tell Your Legal Team Everything (Remember, What You Tell Your Attorney is Privileged):

Top 10 things you don’t keep from your legal team:

Tell Your Legal Team:

Tell Your Legal Team Everything: No Secrets!

10. That you have been convicted of any crime;

9. That you take any drugs whether prescription or illegal drugs;

8. That you have had mental health problems in the past;

7. That you are currently under the care of a mental health professional;

6. That you have other children, not currently in this case;

5. That you are hiding or have hidden assets;

4. That you have ever disparaged or talked poorly of your children’s other parent in front

of the children.

3. That you have violated a court order;

2. That you have accessed a computer of a spouse without their permission

(hacked into it); or

1. That you have shared sensitive information about your case with your children and or the other

party’s family or friends.

These are issues that many attorneys find hard to deal with AFTER the fact. As a paralegal in a prestigious law firm, I have seen many people not tell our attorneys or staff these things and it puts our attorneys at a disadvantage. If the attorney’s know ahead of time, then, more often than not, they are able to dissuade the situation.

There is nothing worse than to be standing in the Courtroom and have your client, in open Court tell something to the Judge that they either denied or never divulged to the legal team. Bottom Line: Tell Your Legal Team Everything!

It’s always wise to consider your legal team your confidant.

help your legal team help you.

Believe me when I say, we have heard it all. But, without the information ahead of time, i.e., right before a hearing let’s say, you put yourself at a disadvantage right away when there is information that is damaging to you or your case and your legal team is not aware of it.

So before you head down the wrong road, pull one of our amazing legal team members aside and share your “dirty laundry.” Not only will you be glad that we knew ahead of time, if you tell you legal team ahead of time, it can help prevent one of those “Perry Mason” moments that sink your ship before it has left the dock!

Your Confidential Information is safe with your attorney.

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Cohabitation Agreement: Relationship Protectors

Thu, 19 Mar 2015 15:20:00 GMT

Cohabitation Agreement: Secure Your Relationship. Protect Your Assets

Partners do not begin a relationship expecting it to fail, but unfortunately many relationships fail. It is important to be prepared. If you are living together and not married, a cohabitation agreement may help you avoid financial pitfalls and future emotional stress.

A cohabitation agreement can protect you and your partner in the event of a future break-up. If you have such an agreement, you can quite possibly avoid long, expensive and bitter legal battles.

Cohabitation Agreement for Heterosexual Couples

Cohabitation Agreements: Relationship Protecting Contracts

In Texas, your live-in partner may be considered your spouse.

Without a written agreement, cohabitating couples in Texas could risk that their relationship constitutes a common law marriage. Should the couple decide to part ways, and a judge rules that they are married to one another, the wealthy party could lose considerable assets in a community property state.

While Texas law is clear regarding what constitutes a common law marriage, it is sometimes more difficult to disprove than it is to prove. Without a written agreement disproving common law marriage, the income and property acquired during the relationship could later become subject to division by the courts.

Same-Sex Couples Need Written Cohabitation Agreement

Same Sex Couples Need Protection of Cohabitation Agreement

Now that same sex marriages are recognized in Texas, gay couples face common law marriage issues. Regardless, same-sex couples can and should enter into formal written cohabitation agreements in Texas.

Although palimony suits have been popular since the1970’s, Texas courts typically will not enforce a “nonmarital conjugal cohabitation agreement” that is not in writing. A striking example of this is found in the 1990’s suit by Thomas Zaremba against Van Cliburn . Since there was no written agreement, the court eventually dismissed Zaremba’s suit, but not until after a long an undoubtedly expensive, legal battle.

Cohabitation Agreements are Not Just for the Rich

A clear, written cohabitation agreement can define your relationship.

Cohabitation agreements, like pre-nuptial agreements used to be discussed only by the wealthy. Those who failed to acknowledge the need to prepare for possible trouble in their relationships made headlines. Much ado was made of athletes (remember Martina Navratilova and Judy Nelson), actors (Lee Marvin’s landmark suit coining the term palimony) and celebrities (Fort Worth’s Van Cliburn) whose partners had their day in court to try to obtain a piece of the pie.

The truth is that every couple should have a written agreement. You would never start a business with another person without a clear idea of what to expect and a written contract. Your personal life deserves the same protection.

Things to Include in Your Cohabitation Agreement

Today, a cohabitation agreement in Texas can include a wide array of protection and perks for both sides.

Your Cohabitation Agreement Should Have: A statement disavowing the intent to be married or common-law married; A property division agreement for present assets; A property division agreement for handling future assets; A monthly spending budget for fixed expenses; A clarification of financial arrangements (who pays what, how much and when); A designation of separate property.

Your Cohabitation Agreement May Have: A monthly budget; A shopping budget; A list of requirements pertaining to wills, trusts, life insurance, etc.; A “signing bonus” at the outset of the agreement.

Do I Need an Attorney for a Cohabitation Agreement?

Absolutely you need an attorney for a cohabitation agreement.

Hire a qualified family law attorney to draft your cohabitation agreement. Have your partner hire a qualified family law attorney to review the agreement.

The best way to be sure that each partner is represented fairly and that the agreement will hold up in court is to use attorneys. The attorney will take time to explain how your agreement will work, provide an enforceable document and help protect you and your assets.
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Community Property or Separate Property?

Sat, 14 Mar 2015 18:25:00 GMT

Community Property or Separate Property? Yours, Mine and Ours.

People going through a divorce often come in our office and say something along the lines of, “The house is mine and the truck is mine. The car is hers and the jet skis are hers. We bought the boat together, though.” Even more frequently we hear, this is my retirement fund or that is his money because he earned it. All of that makes sense, right? Not according to Texas marital property law.

In Texas Law , on divorce (or death), all property in a marriage is presumed to be community property regardless of the title on the property or the name on the account. There is a high standard to prove something is separate property.

Part of the standard for separate property versus community property depends on whether the parties were married at the time it was acquired. Therefore, if the house was bought during the marriage, it is presumed by the court to be community property regardless of title.

Even if it was bought before marriage it is still presumed to be community, but the person claiming it can overcome this presumption by showing when or how it was acquired. For example, you might present a deed for the property showing that it was transferred before the marriage or that it was received as a gift or inheritance. The same applies to vehicles and anything else that the couple owns.

People seem to get particularly upset that their retirement plans are also community property, at least the part that was earned during marriage. And, surprisingly, the person who did not earn the money or contribute to the retirement plan also believes it belongs to the other party.

The methods of calculating what portion or a retirement plan is community and what portion is separate are complicated and a bit inconsistent. Unlike other property, the ability to claim that a retirement plan is community is very different upon the death of a spouse than on divorce because of a federal court opinion that I believe is extremely unfair to a spouse in Texas.

The division of retirement plans is extremely complex, you will see another blog from our firm later devoted entirely to this topic. For now, if you are contemplating divorce, think of everything you have as belonging to both of you. If you have something you acquired before you got married, inherited or received as an individual gift after you were married, just know that you will have to have good records to keep it off the table when it comes to dividing your property to settle your divorce.

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Retroactive Child Support or Child Support Arrearage?

Mon, 23 Feb 2015 18:15:00 GMT

Child Support Arrearage? Retroactive Child Support? Know Your Rights

Retroactive Child Support or Arrearage? Know Your Rights!

Retroactive Child Support and a Child Support Arrearage are two different things.

These are two terms that non-lawyers (and the occasional lawyer) frequently confuse: retroactive child support and child support arrearages.

A child support arrearage occurs when there is unpaid child support that is already owed. The unpaid support is called an arrearage. Basically, what has happened is that for whatever reason, the parent who has been ordered to pay support has gotten behind.

There may be a good reason for getting behind, such as a long illness, or a period when the person paying support has been out of work. However, the support is still owed, and the arrearage must be paid. Very often the Attorney General is involved in an arrearage matter. It is possible to go to the Attorney General and work with their office to make arrangements to pay the arrearage over a period of time. Hire an experienced attorney to represent you with the attorney general. Remember the AG works for the state, not for you.

Choosing to ignore the arrearage is a terrible. You may find your wages garnished, your income tax or other lump sum payment seized. Texas take child suppport obligations seriously and has powerful tools it can use to collect the money!

Retroactive child support occurs when there has been no previous child support order and the judge orders that child support should be paid from a previous time. A good example of this is, if the child is a year old before the court case is filed, the judge can order child support from the birth of the child.

There is a general presumption that it is reasonable for go back as far as four years, but the judge can go back ever further if he or she decides that it is in the best interest of the child.

About the Author: Bob Leonard Jr is Board Certified in Family Law by the Texas Board of Legal Specialization, a claim that less than one-percent of Texas lawyers can make. Bob has been serving citizens since the 1980’s when he was an elected State Representative for western Tarrant County. Accepts child support arrearage and collection cases in Tarrant County and Parker County, Texas.

Collect Child Support or Get Child Support Current with Board Certified Family Law Attorney

Expert Retroactive Child Support Assistance

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Child Possession Orders | Scheduling Events

Sun, 01 Feb 2015 19:42:00 GMT

Child Possession Orders

Child Possession Orders. Children Need BOTH Parents CHILD POSSESSION-SCHEDULING EVENT

Some parents who have children but are not together strictly stick to their child possession schedules. Others are very flexible.

Texas child possession orders typically provide that child possession shall be as the parents agree, but if they fail to agree, then there is a schedule that must be followed.

Judges Want Both Parents to Have Quality Child Possession

Most professionals, including judges, would like to see the parents share the children in the manner that is on the best interest of the children, regardless of what the schedule says. I have often said that the best situation is one where the parents never need to read the child possession order; they just cooperate as best they can.

Unfortunately, there are parents who will only use the schedule and are extremely jealous of their time with the kids, often to the detriment of the kids.

One question that we get somewhat frequently is “what happens if one parent schedules something for the child during the other parent’s time?” For example, the dad might sign a child up for a sport that has weekly practices and games on the weekends. Ideally, both parents should be happy and proud that the child is doing this, but that is not always the case. Or perhaps the parents each sign the child up for an event and the schedules conflict.

If so, then technically the court order prevails. When this is enforced, it may be that one parent is happy and the other disappointed. Frankly, who cares; what is important it that the child is either denied the ability to do what he or she wants or else the child is used as a pawn in the parents’ vicious game of child possession chess.

You can, however, help to eliminate this conflict and to help the child by paying attention to the following pointers:

Even if you are divorced, you are still partners in raising your children. If both parents don’t “get” that, then the kids will assuredly suffer. Don’t let your ego (or your new spouse) get in the way of taking care of that precious child.

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Taxable Estate? New IRS Rules 2017

Sat, 31 Jan 2015 17:06:00 GMT

IRS Rules Defining Taxable Estate for 2017 Tax Year.

Taxable Estate: New IRS Rules for 2017 Tax Year

Taxable Estate in 2017. Last Updated November 2016.

Do YOU have a taxable estate? Many provisions in the Internal Revenue Code are indexed for inflation. The amount of taxes that you pay will change when these rates change each year.

The most important rule changes for estate and gift taxes are the amount excluded from taxation depending on the size of the estate and the amount of gifts that can be made tax-free.

Most Estates Not Taxable

Estate taxes were virtually eliminated when Congress moved the estate tax exemption to $5,000,000. Very few estates have that much value. The rule change for new exemption amount, indexed for inflation, is $5,490,000. Remember that if someone is married, on the death of the first spouse to die, an election can be made to allow the surviving spouse to use any of the deceased spouses exemption that is not used by him or her.

The annual gift amount that can be made tax-free remains at $14,000. This means that if someone has an estate that might be over the $5,430,000 at death, that person can give away $14,000 each to family members and thus bypass that being in their estate. If properly structured, that $14,000 can be used to purchase a life insurance policy that will pay any remaining taxes and that will not be included in the estate of the deceased.

Keep Up with the Tax Code if You Have a Taxable Estate

Be sure to watch the information on the tax code for changes with the election of President Donald Trump, who has advocated for significant changes in the code.

Income taxes are also affected by the inflation increases. The standard deduction rises to $6,350 for singles and married persons filing separate returns and $12,700 for married couples filing jointly. The standard deduction for heads of household rises to $9,350.

As was the case for the last few years, the amount of itemized deductions which you are allowed to claim is reduced by 3% of the amount by which your adjusted gross income exceeds certain threshold amounts.

Almost four dozen other rates, exclusions, deductions, and limitations have been changed, including the levels at which you jump into a higher tax rate. If you need to consider taxes in your estate planning, please call the Bob Leonard Law Group, PLLC. Your accountant or enrolled agent will be able to apply the other rule changes to your income taxes when you file them.

Estate Planning Attorney with IRS Rules Updates. Find Out More.

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Win Your Case!

Thu, 29 Jan 2015 17:02:00 GMT

Win Your Case with Bob Leonard, Board Cerrified Famly Law ExpertPreparation Pays Off

Win Your Case with Your Attorney

Imagine that you have been involved in a lengthy lawsuit and your case is finally going to trial.

Your attorney has all the documents to help prove your case all lined up and in proper form for admission in the trial.

You have your list of properly subpoenaed witnesses and your attorney has interviewed the witnesses and is ready to use them to your best advantage.

Your attorney has worked to prepare you for what to expect in court and has developed a strategy to win your case.

Win Your Case with Your Testimony

Then, you get on the witness stand. Within minutes your case is devastated simply because the judge did not like you. Perhaps the most important characteristic for a party to a law suit (other than having the facts on their side) is humility. Judges want their parties to be humble and human. I actually had a trial once where the facts were overwhelmingly on our side but after my client testified, the judge took the lawyers into her chambers and said “well now I hate both of your clients.” Although we prevailed, it was certainly an uncomfortable feeling for a little while.W

The characteristic of humility actually helps your case in several ways by earning:

1. Respect from the judge and the court. Even if the facts are not entirely on your side, the judge will respect someone who is humble and willing to admit their weaknesses. A humble person will be obedient to court orders. I have actually had clients that feel that they can disobey court orders with impunity. In almost all cases, the judge finds a way to punish them.

2. Respect from the other party. Most cases are resolved somewhere between the time that the case arises and the time that the judge actually decides the case. Since well over 95 percent of cases are settled, it is oftentimes best to give the other side a reason to settle.

3. A Show of Consistency. Psychologists have a term that they use for cases where what someone sees does not coincide with what the person doing the seeing believes is the case, cognitive dissonance. In other words, if I am predisposed to believe that every blue eyed person is a crook, you will have a lot harder time convincing me of the innocence of someone with blue eyes. Another way to look at it is that experience clashes with expectation. If the facts are good and they show that you should prevail, then the person hearing the case, be it the judge or a jury, needs to hear testimony that is consistent with those facts. Humility may be your most important asset in trial.

Win Your Case with Planning and Preparation

If you think the way you are feeling about your case could cause you to appear arrogant or angry in court, discuss it with your attorney. Even if you don’t think there is a problem, if your attorney thinks there is a problem heed the warning! Taking care of this issue should immensely help your case.

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Divorce: Disruptive

Fri, 16 Jan 2015 02:38:00 GMT

Divorce: Disruptive

Divorce: Disruptive to your life and your family. This is mainly because there are a lot of changes in the lives of people getting divorced or who have been divorced. Many of them are obvious.

Divorce: Disruptive, Disturbing. You Need a Strong Expert Attorney

Generally speaking, divorce disrupts everything. If you are divorcing for a good reason, the disruption is worth it in the end. Just know to expect the changes and be prepared to handle things as they arise.

Take stock of your schedule, your finances and your lifestyle when contemplating divorce; it is necessary to be realistic. You may or may not reconsider your decision, but you will, at least, know what you are facing. Divorce: disruptive to everything.

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Trial Separation and Temporary Orders

Wed, 14 Jan 2015 20:57:00 GMT

Trial Separation Explained by Board Certified Divorce Expert Bob Leonard of Bob Leonard Law Group, PLLC

Trial Separation in Texas

In some states, a married couple can get an arrangement either judicially (through the courts) or privately to have provisions to regulate their lives while the parties are sorting out their lives. These orders or agreement can provide for child support and possession, use of property, or other “rules” to live by on a temporary basis. Texas does not have trial separation; but there are two things that are similar in some ways.

First, Texas law explicitly provides that a couple can have a marital property agreement.

That is, they can divide property and even convert separate property to community. You cannot have such an agreement as to children; only a court can do that.

A property agreement is tricky and sometimes has unintended consequences. Do the wrong thing and you might be severely disadvantaged if you later try to divorce. There also are standards for creating such a document and if they are not met, then the document may be invalid. There are certain disclosures that must be made and certain language that might support the validity of the document. There also might be serious tax consequences.

No one should try to partition property or create any other type of property agreement without the advice of an attorney.

The second thing that you can do in Texas that is similar to a trial separation is to establish temporary orders while the divorce is pending .

Once the divorce has been filed, the parties can agree on or ask the court to order “temporary orders.” These are very common. In this the court will designate who possesses what property (wife drives the Chevy, husband drives the Ford, husband lives in the house, wife runs the business, etc.) In addition, the court can, and does, provide for the children. The court will appoint one parent or both as managing conservators, give one the right to designate the primary residence of the child, set child support, make one parent pay for health insurance for the child and set a possession schedule for the parents to see the children.

One thing that courts frequently do is to set temporary spousal support. If one spouse makes measurably more than another, then he or she is likely to have to support the other spouse during the time that the case is pending. I will discuss this in detail in a future blog.

So, there may be no “trial separation” in Texas, but there are things that you can do if you need the protection of one.

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Should I have an attorney send a letter?

Wed, 14 Jan 2015 14:53:00 GMT

Should I Have an Attorney Send a Letter? Probably Not!

Should I have an attorney send a letter? Probably not.

As an attorney, I am sometimes asked if I can “send a letter” to solve some problem or situation.

The better question to ask your attorney is, “ should I have an attorney send a letter for me?”

People think that if the person who is giving them trouble gets a letter from an attorney, he or she will quake in terror and completely capitulate. Rarely is that so.

Typically a letter will have one of two responses:

1. The other party will play the part of an ostrich and keep his or her head in the sand. The fear that the person gets is not a fear of the lawyer, but a fear of doing anything. They have not responded yet, and they won’t respond now.

2. The other party will “lawyer up” and not deal with you directly anymore. Your situation just got more expensive.

Further, people often want a letter to be a stern demand letter. The purpose of the letter is (hopefully) to resolve the situation; you don’t get that by threatening or berating the other party. If a letter goes out at all, it should be thoughtfully considered with the purpose being to encourage the other party to see things your way. Your lawyer has a lot of experience in the emotional responses that people have and you have a lot of experience with the other person. Between the two of you, you should be able to figure out the best way to proceed.

Sit down with an attorney and have a discussion about what will work best in your particular situation. It may be a letter, but that may only be one option for you to take. Sometimes, sending a letter just adds cost and delays the inevitable.

If you do send a letter, you had best be prepared with a plan Plan B.

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Help your divorce attorney build a strong legal case.

Tue, 02 Dec 2014 21:49:00 GMT

Help your divorce attorney build a strong legal case is by giving them all the facts.

Don’t leave your divorce attorney unprepared.

If there are negative facts in your divorce case, let your divorce lawyer know as soon as possible. Give your divorce attorney every chance to build a strong legal case around those facts rather than being blindsided by them in court. Your odds of prevailing will go up substantially. There are few secrets in family law . Your divorce attorney shouldn’t be shocked by the facts surrounding your case. Your divorce attorney’s mind is on how to best represent you and negotiate the best outcome possible. Most the information a person doesn’t want to share with their divorce attorney is exactly the information the opposing counsel is being informed of.

It is not at all uncommon for clients to come to our office for a divorce consultation with a compelling story of the injustices that have been perpetrated on them. Their child was “kidnapped,” they were beaten, the other spouse is a drug user.

If that person retains us they are asked to fill out an extensive questionnaire and give us “all” of the facts of the case.

Imagine when we get to the courthouse. This is where we learn that there is another side of the story. Our client tests positive for drugs. A policeman is subpoenaed and he testifies that he saw our client assault the other party. Our client had hidden the children from the spouse, family and friends. A good divorce lawyer can think on their feet. But, there is a limit to what we can do when we are blindsided.

Every party has helpful facts about their case and every party has harmful facts. It is the lawyer’s job to sort through these and determine how to put on the most successful case possible.

I have had cases where my client tells me that she/he has recently tested positive for marijuana. Not a huge problem unless it is right before we walk into the courtroom. By that time it is simply too late to take steps to present evidence to off set these facts. Had I known earlier, we could have also drug tested and present clean testing or enroll in drug counseling to show it isn’t an issue. I wouldn’t of asked for particular hearing date and time if I knew all the facts, or I simply would of been better able to negotiate a settlement with the other party because I was aware of the facts.

The fact is, If my clients tells me she/he has tested positive for marijuana or if they are tested in the next few days they will test positive. I can do my job so much better.

I hope this blog helps readers see that giving all the facts is one way you can “help your divorce attorney build a strong case”. Most attorney’s enjoy walking away from the courthouse knowing they built a strong legal case and their client received a good settlement. I know I do.

If you need a divorce attorney in Fort Worth, Tarrant County And Parker County.

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Board Certified Family Law Attorney

Estate Planning Truths

Tue, 25 Nov 2014 19:49:00 GMT

As an attorney who has prepared numerous estate plans, I would like to communicate “estate planning truths”.

Estate Planning Truths: MISINFORMATION IS ABUNDANT.

I am often surprised by the misinformation circulating about estate planning. The misinformation takes away from the actual understanding why an estate plan is valuable. Misinformation keeps us from seeing why we may want an estate plan. Finally, misinformation makes acquiring estate planning seem more difficult and more expensive then It actually is.

WHAT IS ESTATE PLANNING?

Many people believe that estate planning involves minimizing estate taxes when you die. While it does that, it also does much more. Actually, planning for estate taxes is rarely done these days. The current exemption on estate taxes is over $5,000,000.00 and twice that for a married couple. Obviously, only an incredibly small number of estates will be subject to the estate tax under these circumstances. Estate planning, however, does involves deciding who you want to receive your property when you die. Many people think their property solely consists of their house and if they don’t have a house, they really don’t have any property. Of course, that is not true; your property consists of virtually everything you own including life insurance policies, jewelry, furniture, artwork, bank accounts, retirement plans and any other type of asset that you might have. It may include your business. With proper estate planning, you may get to make the decision about what happens to your things rather than the State of Texas. Estate planning also allows you to consider your liabilities. Does that house have a mortgage on it? Is there a lien on the cars? Is there bank debt? Do you own a business that still needs to be operated? If there is debt on a particular piece of property, do you want it to be the liability of the person getting that property or the estate? These are all considerations in estate planning.

From the IRS October 28, 2016:

tes with combined gross assets and prior tax 0 for decedents dying in 2009; and $5,000,000 or more able gifts exceeding $1,500,000 in 2004 – 2005; $2,000,000 in 2006 – 2008; $3,500,00for decedent’s dying in 20 Most relatively simple estates (cash, publicly traded securities, small amounts of other easily valued assets, and no special deductions or elections, or jointly held property) do not require the filing of an estate tax return. A filing is required for esta10 and 2011 (note: there are special rules for decedents dying in 2010); $5,120,000 in 2012, $5,250,000 in 2013, $5,340,000 in 2014, $5,430,000 in 2015, $5,450,000 in 2016, and $5,490,000 in 2017.

HOW DOES AN ESTATE PLAN AFFECT MY FUTURE?

An estate plan will involve making decisions about what happens should you become incapacitated later in life. Who do you want to handle your money? Who do you want to make medical decisions for you? Who do you want to make any other decisions that have to be made. With proper estate planning, it is possible to avoid an expensive guardianship should those circumstances arise. What happens if a guardianship is still necessary? Most well-thought out estate plans will allow you to designate who you would prefer your guardian to be and, sometimes more importantly, who you do not want it to be. That sends a strong message to the guardianship judge as to what you would prefer to do. Many estate plans involve signing a directive to physicians, sometimes called a living will. This allows you to make a decision as to whether or not you want to be artificially kept alive if you are not able to make a decision while you are in an irreversible or terminal condition with little time to live.

HOW DOES AN ESTATE PLAN BENEFIT MY LOVED ONES?

A person may have relatives that can’t agree on everything, and those people might want to designate what is to be done with their remains. Who is to make funeral decisions for them. Often if we don’t make those decision ahead of time, it will likely lead to a messy, expensive fight in the future for those we actually would want comforted.

HOW WE SIMPLIFY THE PROCESS?

At Bob Leonard Law Group we have a well-thought out estate planning questionnaire and a list of what you will need. We cover all the bases and then produce the legal documents that covers your circumstances and desires. We make estate plans simple, legal and affordable.

Bob Leonard Law Group, PLLC

Your Estate Planning Should Be Right. Find out more from a qualified and experienced Estate Planning Attorney .

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Something Special About Adoption.

Thu, 20 Nov 2014 02:51:00 GMT

something special about adoption

There is something special about adoption.

The Bob Leonard Law Group, PLLC really does enjoy adoptions. For the attorneys’ adoption is one of the honors of being a family lawyer. For the staff adoption is an opportunity to “goo and ga” at babies and share in the celebration of adding a new member to a family.

I’m being serious even the pitch of an announcement. “We have an adoption” seems to have a little squeal of excitement. There is something special about adoption.

Adoption clients bring a refreshing spirit into our office.

Don’t get me wrong. The legal professionals at Bob Leonard Law Group, PLLC are as serious as chess players In a championship match. They give great thought to what they do and their faces and the energy in the office often represent what you would expect at a chess match. I am sure that is why the change in energy is so wonderful when our adoption clients come in with their children . Friday, I was at the office and loved a chance to share in the spirit. Taylor our managing attorney was holding the baby. We all gathered around the little reason for our work, noticing every little detail of adorableness. Coaxing smiles and making baby talk. Bob had a big, proud, PaPa Bear smile. It just made the whole day great.

Considering Adoption?

The costs of an adoption can be a deterrent to qualified adoptive families. What many people do not know is that there are lots of potential sources to help defray the costs. For instance, many employers offer financial assistance for adoptive families. We accept most employee legal plans. In addition, the IRS has a very generous adoption credit . There are military adoption benefits, private grants, and loans available . Your legal team at the Bob Leonard Law Group, PLLC can help you find a way to reach your dream of adopting without breaking your bank account.

Speak to an Expert Fort Worth Adoption Attorney

For More Information on adopting a child in Tarrant County or Parker County, Texas

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Adoption guide for parents

What Age Can A Child Choose Which Parent They Want To Live With?

Thu, 13 Nov 2014 23:18:00 GMT

At what age can a child choose?

As a family law attorney I am frequently asked two questions.

“At what age can a child choose which parent they want to live with?” and “At what age can a child decide they do not want to have visits with a parent?”

What age can a child choose?

Texas family law provides NO age where a child can make these decisions for himself or herself. A few years ago, a child of a certain age could designate to the court which parent that child wanted to primarily live with, but it was never binding on the judge; the family law judge could, however, carefully consider the desires of a child.

When that law was abolished, it was replaced by one that allowed a party (not the child) to request that the judge interview the child. If the child was 12 years old or older, then the judge had to take the interview. If the child was younger than 12, the judge could interview the child at the judge’s discretion.

A parent should under stand a few things before asking a family courts judge to interview the child:

Obviously, making such a request could backfire on a parent. Most family law attorneys and judges believe that the child should not be brought into litigation between the parents. The child is, after all, a child.

That being said, the older that a child is, the more likely that a judge will listen to the child’s desires. I have rarely seen a judge make a 17 year old have the same restrictions as a younger child. Texas Family Code does not provide that it is ever the child’s choice.

Bob Leonard Law Group, PLLC

Talk to an expert Child Custody Attorney Today.

Call 817-336-8500

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Child Custody

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Parental Alienation

Calculate Texas Child Support

Thu, 06 Nov 2014 17:09:00 GMT

Calculate Texas Child Support effects of re- marriage

Do you need to calculate Texas child support?

A few days ago I was asked: ”If I re-married, will my new spouse’s income make my child support go up?” In other words, “Is household income after re-marriage used to calculate Texas child support?” The answer to the question is basically “No. spousal income is not used to calculate Texas child support” The resources of a spouse are not to be considered when you Calculate Texas child support .

It occurred to me this is a good time to review the Texas child support guidelines for anyone with this question:

There are other rules and provisions that apply and there are innumerable court cases that interpret these provisions. If you have any questions about how to calculate Texas child support and whether you are paying or collecting the right amount, discuss this with a Family law child support attorney since these rules are not always as clear as they may seem.

Bob Leonard Law Group, PLLC

Talk to an expert Child Support Attorney Today.

Call 817-336-8500

Email us: info@bobleonardlawgroup.com

Divorce Checklist

Child Custody Attorney

I WANT A DIVORCE

Wed, 29 Oct 2014 22:49:00 GMT

I want a divorce, now what?

“I WANT A DIVORCE”

FOUR THINGS TO THINK ABOUT ONCE YOU HAVE MADE A DECISION

“I want a divorce”, now what?

It is common for thoughts to get stuck on all that led you to decide, “I want a divorce”. Now Is the time to think on new things.

1. Think about where you are going

What are you going to do? How will you pay for it? What are my long term plans? Many people file for divorce without thinking through the financial consequences. It is common to see a case where one spouse makes about $60,000 and the other spouse makes about $40,000 and they BOTH think that they are going to continue to live a $100,000 lifestyle. It is even more tragic when the numbers are half of that. It takes some planning to adjust. Especially, if you’ll have to financially support children .

2. Prepare a budget

A realistic budget , that is. While spousal maintenance payments are common during the divorce and possible after, the judge is not going to give you all of the family income; it will be split somehow. The judge is likely to ensure that the mortgage, taxes, and insurance on the house are paid along with the payments and insurance on the cars. The judge will always ensure that the kids have health insurance. The judge is FAR less likely to care whether the credit cards get paid or not, especially if the basics cannot be covered. Scrub that budget carefully. Make two budgets, if necessary; one more generous than the other, but be realistic as to what there is.

3. Prepare for your first meeting with your lawyer

To save time and money, and more importantly, to help your case, you should be prepared BEFORE you visit with a divorce attorney . There are several things to think about, and put your hands on, prior to that first meeting, if possible.

Items to Bring, Try to get the originals (preferred) or copies of the following:

1. Deeds, Deeds of Trust, and notes to all marital property real estate, whether community or separate property

2. Ad valorem tax statements for all real or personal property (e.g., Tarrant County Appraisal District Statements Or Parker County Appraisal )

3. Any appraisals of real estate, business or major assets, regardless of age of appraisal

4. Car titles and titles to other vehicles (boats, trailers, aircraft, motor homes, etc.)

5. Closing documents from the sale or purchase of property during the marriage

6. Stock certificates (copies only)

7. Credit card statements (the most recent that you have available)

8. Bank statements (the most recent that you have available)

9. List of credit card debt, including account name, number, and balance

10. Financial account statements (retirement plans, IRAs, 401(k)s, etc.)

11. Any pre- or post marital agreements Save money and time in the divorce process.

Bring as much information to the meeting as possible . This would include:

1. FULL names, addresses, phone numbers and date and place of birth for ALL family members

2. Employment information about each family member, including name address, and phone number of employer and salary/bonus/benefits information

3. Social Security numbers and drivers’ license numbers for all family members

4. VIN or other identifying numbers for all vehicles

5. Account numbers for bank accounts, savings accounts, retirement plans, IRAs, 401(k)s, or any other financial account owned by either spouse, whether or not earned during the marriage (for those accounts that you do not have a copy of a recent statement) 5. Picture of other spouse

4. Have a back-up plan for your back-up plan

You may want to stay in the house while the case is pending, but that might not be possible. What will you do if it is not possible? Where will you go? Can you rent? Stay with relatives? Thinking about your back-up plans Is important.

Conclusion

Although there are other issues to think about when you want a divorce, this should get you started. If you walk into the first meeting with a divorce attorney armed with these items and these plans, you will be ahead of most people. This will lower your costs and make your lawyer more effective for you.

Bob Leonard Law Group, PLLC

Contact Board Certified Family Law, Property Division Expert Divorce Lawyer.

Protect Your Children. Protect Your Assets.

Call! 817-336-8500

Contact us online

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How to Calculate Texas Child Support

Temporary Restraining Order With Injunctions

Mon, 20 Oct 2014 21:04:00 GMT

If you divorce in Texas, It is likely you will have a temporary restraining order with injunctions.

It is a temporary restraining order with injunctions – nothing personal.

Lets say you just received a temporary restraining order. It says you can’t even spend your own money during your divorce .

Is a temporary restraining order with Injunctions an accusation of wrong doing? What is a temporary restraining order? What are Injunctions? Why do we have to have these? These are frequently asked questions. There is a simple answer with complex reasoning behind it. All of your money and assets are presumed to be community property until the judge divides it during the settlement process. Until the end of the process, you will most likely have a temporary restraining order with injunctions which tell you what you can and cannot do.

A divorce is an emotional experience, even under th e best of circumstances. People often react rather than act. People get scared, angry, and greedy. And those emotions (and others) cause people to do things that are not appropriate. Often people try to hide assets. They may destroy property. They may try to hurt the other person.

Because divorce puts a lot of good people in a bad situation, Texas law and Texas judges want to ensure that people and property are protected during a divorce. One way to do that is for the judge to enter “temporary restraining order with injunctions” against both spouses. Injunctions (orders not to do something) may be personal such as an order not to harm the spouse of a child or not to harass them.

Temporary injunctions may also be related to property. These generally attempt to maintain the status quo. They prevent the destruction of property or taking action that would reduce the value of property. They may also prohibit a spouse from entering the other’s house or using the other’s car. Occasionally, it is necessary to have more extreme measures such as prohibiting drinking during the possession of a child or prohibiting a new (or old) person with whom the spouse is romantically involved (usually referred to as a paramour) from being around a child or from being in the same residence during certain hours. In some counties, the judges have issued “standing orders” which prohibit the activities of parties as soon as the case is filed and without the request of a party. Generally, the idea is that everything is at a standstill until the divorce is over.

These prohibitions are not personal. They are not attacks on your character. They exist in most cases. Read them carefully because if you violate one, you could be found in contempt of court. If you have any questions, ask a divorce attorney before you do anything that might be a violation.

For More Information, Call an Expert Fort Worth Divorce Lawyer Today!

Call 817-336-8500

email: info@bobleonardlawgroup.com

Bob Leonard Law Group, PLLC

Hiring An Attorney

Wed, 19 Mar 2014 20:07:00 GMT

How to Hire An Attorney

In this article, you will find out the ins and outs of hiring an attorney. Whether this is your first encounter with the legal system or you are an old pro when it comes to the courts, our quick and easy guide to hiring an attorney will help you make the right decision for your situation.

Conflicts . . . What is a conflict check?

Before hiring an attorney, you have to talk with the attorney. Before an attorney will talk with you, he/she will run a conflict check. If he/she has ever represented another party in your case, or even talked to another party about your case the odds are, the attorney will have a conflict and will not be able to represent you. In rare instances, the other party may be asked to sign a waiver allowing the attorney to work for you, but this is not recommended. Bottom line: don’t hire an attorney with a conflict.

Cost of Consultation . . . To Pay or Not to Pay?

Some of the best attorneys offer a free consultation and some do not; some of the worst attorneys offer a free consultation and some do not. Whether or not you have to pay for your consultation should never be a factor in your decision regarding hiring an attorney. It doesn’t matter. That’s right, it doesn’t matter.

Confidentiality . . . Is my personal information safe?

Confidentiality is not a concern when hiring an attorney. An attorney (and his/her staff) is required to keep your information confidential. Period.

Consultation . . . What Should I Bring to the Initial Consultation?

When hiring an attorney, you will most often meet in person, simply because a telephone call is not enough.

Some attorneys will provide you with a questionnaire to complete prior to your appointment. If so, fill it in as completely as possible and bring it with you. You will also want to bring any legal documents (if you have been served with papers of any kind, bring the document and the service paperwork; likewise, if you have a contractual or pre-nuptial agreement with the other party, bring it with you).

Bring a list of questions you would like the attorney to answer and bring a rough outline of your case, including a timeline of events and pertinent facts so that you do not leave the office and then later think of all of the questions you should have asked and all of the information you should have provided.

Cues . . . What should I expect when I arrive at the attorney’s office?

Procedure:

Each attorney is different and each office will have different procedures.

Typically you will be greeted and ushered into the area where you will meet with the attorney. Often a paralegal or other team member will talk with you a bit first to help determine if this is the right attorney for you.

Preparation:

What will the meeting be like?Again, every attorney is different. In our office, we expect our attorneys to ask the tough questions so that we have a clear picture of the situation and can provide you with realistic advice. The attorney will be evaluating you and your case, so be prepared to answer questions honestly if you want an honest evaluation of your options.

Closing . . . How do I go about hiring an attorney?

If you like what you see and hear at your meeting, and if you and the attorney believe you will be a good team, you will be presented with a contract and payment information. Be sure that you review your expectations and those of your new attorney at the very beginning of the attorney client relationship so that there are no misunderstandings down the road.

At the Bob Leonard Law Group, PLLC , we know you deserve the very best in legal representation. If you are hiring an attorney , our team stands ready to assist you. Call today for your appointment: 817-336-8500. Contact us online . Email us info@bobleonardlawgroup.com

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Hiring an attorney is a critical part of your legal matter. Now that you have taken that step, join us next time for tips on how to work with your attorney effectively.

Knowledge About Divorce is Power

Thu, 20 Feb 2014 02:43:00 GMT

Deciding to Divorce?

Deciding to divorce is a difficult choice and the process can be painful and inconvenient . There will be many unexpected bumps along the way, but at the beginning, you and your spouse have the opportunity to determine what kind of divorce process you will pursue. Following are some of the major types of divorce with pros and cons and criteria for determining if you are a good candidate for each process.

Knowledge About Divorce is Power: Types of Divorces

Uncontested DIVORCE

An uncontested divorce is where both spouses agree to divorce, and agree on all issues relating to children, real property, assets or debts. If you and your spouse fit this category and have open, honest communication on all issues, you might be a candidate for an uncontested divorce. Each party should be fully aware of all aspects of the divorce and be willing and able to discuss and come to full agreement on everything. If you have no property, no appreciable debt and no children you could be a good candidate for an uncontested divorce. However, the size of the estate is not the most relevant reason to choose an uncontested divorce; rather it is the informed agreement of the parties.

Pros of the Uncontested Divorce

Cons of the Uncontested Divorce

Contested Divorce – Property Asset Division

A contested divorce does not mean a contentious divorce. A contested divorce does not mean a difficult divorce. A contested divorce simply means that the parties are not in complete agreement on all issues. It may be that a couple is mostly in agreement about the children, but does not agree about retirement accounts. It may be that each party wants to have primary possession of the children, or that the parties cannot develop a possession schedule for the children that works for both parties. Whether it is a small issue, a large issue or multiple issues, if you are not in complete agreement, your divorce will be contested. Likewise, if you do not have knowledge of all facts concerning your finances, your divorce should be contested.

Pros of a Contested Divorce

Cons of a Contested Divorce

Collaborative Law Divorce

A collaborative law divorce uses a structured process wherein the parties can work with their collaborative law attorneys and often other family or business professionals to “collaborate” on achieving a settlement that each party finds acceptable. The Uniform Collaborative Act was adopted by Texas in 2013, furthering the collaborative law process in our state. If you and your spouse are reasonably close to agreement on most issues, not antagonistic toward one another and willing to actually work positively and productively together, collaborative divorce might be a viable option. In addition, if the addition of a counseling professional or accountant would be helpful, and if you are both willing to work with the same professionals toward a common goal, collaborative divorce could be a good choice.

Pros of Collaborative Law Divorce

Cons of Collaborative Law Divorce

At the Bob Leonard Law Group, PLLC your legal team is available to help you choose the type of divorce that will best suit your specific situation and your particular personality. There is no single “best” way to get a divorce. There are both positive and negative aspects each process. Next week we will provide you with a plan to locate, interview and hire the right attorney for your divorce.

Contact Board Certified Family Law, Property Division Expert Divorce Lawyer .

Protect Your Children. Protect Your Assets.

Phone 817-336-8500

Contact Us Online

Email Us: info@bobleonardlawgroup.com

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Divorce Tips for Valentine’s Day

16 Commonly Asked Divorce Questions

Prepare For The Divorce Process

Divorce Tips for Valentine’s Day

Tue, 11 Feb 2014 20:02:00 GMT

Valintines day hurt, 9 divorce tips the help

9 Divorce Tips For Valintines Day

Divorce + Valentine’s Day = Tough (These 9 Divorce Tips Really Work!) Valentine’s Day looms large in February. Ads for flowers, jewelry, chocolates abound. Hearts are everywhere. For those going through Divorce, this is a really tough time of year. What can you do about it?

Divorce is painful, no doubt about it. Whether you want the divorce or don’t want the divorce, it is painful. The most difficult thing and the most important thing is taking the steps necessary to move forward. The divorce tips above are a great way to spend Valentine’s Day. Come to think of it they are a great way to spend every day.

For more Information call today! Speak to an expert Fort Worth Divorce Attorney 817-336-8500! Contact Us online! By Email: info@bobleonardlawgroup.com!

Bob Leonard Law Group, PLLC

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Giving Thanks . . . Family Law Issue Makes it Harder

Wed, 27 Nov 2013 00:21:00 GMT

Thanksgiving Day is a day to give thanks for the many blessings the good Lord has seen fit to bestow upon us. Sometimes remembering to be thankful is the hard part, especially if you are in the middle of a family law action. Believe me, we understand.

We live in a multi-generation household. We have grandparents, parents, and children sharing a home. Some weekends, if we are lucky, we have grandchildren as well. Now, mind you, we certainly have our share of squabbles and outright battles, most over unimportant things.

We have seen it all and lived most of it. Bob and I were each divorced in the past. Together we raised a blended family. We have adopted children, an adopted grandchild, divorced children, married children, single children, and college children. Our oldest grandchild is the same age as our youngest daughter. We have ex-spouses in our family we remain friends with and some we do not. I like to think we bear no one ill will and pray we have done nothing to cause others to wish us ill.

If there is a family law situation, we have likely experienced it first-hand. We wanted to take a moment this holiday week to remind our readers, our clients, our friends, and ourselves of things to be thankful for, even in the middle of a family law battle. Thanksgiving is an opportunity for a cease- fire, just for a few days.

Things to Be Thankful for in the Middle of a Family Law Action:

The very act of giving thanks can be a blessing. Family law matters can bring out our best or our worst. Thankfully, it is our choice.

For More Information Call Today to Speak to a Fort Worth Adoption Attorney 817-336-8500! Contact Us online! By Email info@bobleonardlawgroup.com!

Adoption Guide for Parents

Foster Adoption for Forever Families

Grandparents Make “Grand Parents”

From our family law firm to your family:

We are thankful for you!

HAPPY THANKSGIVING!

National Adoption Day

Wed, 20 Nov 2013 02:35:00 GMT

On National Adoption Day, 73 children gain families in Fort Worth ceremony.

Adoption is Awesome!

Stepparent Adoption . . . Blending Your Family

Tue, 19 Nov 2013 23:13:00 GMT

This week’s topic, stepparent adoption , is particularly special to us. Bob and Syd Leonard personally experience the joys (and challenges) of blended families. We have chosen stepparent adoption for two of our children and one of our daughters chose stepparent adoption for her son. November is both National Adoption Month and Thanksgiving. Our family will be giving thanks next week for our children and grandchildren. We are incredibly blessed!

Why Choose Stepparent Adoption?

Many stepparents choose to adopt the children of their spouse. It may be necessary for health insurance, it may be to provide that the children inherit the estate from the stepparent or it may be to create a deeper sense of family. We often see stepparent adoptions when the biological parent is absent or deceased. We also see stepparent adoptions when the biological parent has chosen to be uninvolved.

What is the Process for Stepparent Adoption?

Whatever the reason, the stepparent adoption process is very similar to that of any other adoption. For a stepparent to legal adopt, you must first terminate the rights of the biological parent. The initial petition for stepparent adoption may include the termination as part of the petition and transfer the legal parental rights from the biological parent to the stepparent.

If there is a chance the biological parent may not agree, your attorney may choose to do the stepparent adoption and the termination in two separate phases. Always provide your attorney with all of the facts so that your attorney can make the appropriate recommendations to you.

If the biological parent agrees to the termination, the stepparent adoption process is significantly less lengthy, less complex, and less costly. If the biological parent does not agree, you will have to petition the court to terminate his/her rights before the adoption can move forward.

Once your attorney files the petition, the court will order a social study, or home study, to assess the relationship between the child, the parent, and the stepparent. As long as your home is safe and stable, and your relationships are strong, the social study will be fine. The court may also appoint an ad litem, or amicus, attorney to represent the best interests of the child. Typically, the ad litem uses the results of the social study to help determine the child’s best interest.

What Should We Do First for Stepparent Adoption?

Each family is unique and there are things you should consider before taking the step of stepparent adoption. Remember, adoption in Texas changes the child’s actual lineage; you are the parent in every sense of the word. It is a permanent decision and a permanent responsibility. It is also a permanent joy!

Resources for Stepparent Adoption

Of course you want your new blended family to be permanent and successful Sometimes it can be a bit of a bumpy ride. Gloria Lintermans has written a guide for success, which you can review at http://www.glorialintermans.com/stepfamilies.htm . You can also find many works on Amazon. Some of them are available to read on the Kindle at no cost. Very best wishes to you!

REMEMBER: November is National Adoption Month. If you are planning a stepparent adoption, the Bob Leonard Law Group, PLLC is pleased to offer a reduced rate on our legal fees for cases begun in November. We want to work with you to complete your family through stepparent adoption.

For More Information Call Today to Speak to a Fort Worth Adoption Attorney 817-336-8500! Contact Us online! By Email info@bobleonardlawgroup.com!

Adoption Guide for Parents

Foster Adoption for Forever Families

Grandparents Make “Grand Parents”

Wed, 13 Nov 2013 02:31:00 GMT

Grandparents Are GRAND!

Helping Grandparents Help their Families . . .

Grandparents’ Rights in Adoption

As a grandparent, you want the best for your grandchildren. If your children are unable to raise your grandchildren, what are your grandparents’ rights when it comes to adoption? Today in Texas, there are over a half-million grandparents raising their grandchildren. Most grandparents do not think twice about stepping in when the need arises on a temporary basis. If the temporary need becomes a permanent need, what then?
When grandparents choose to make the situation permanent through adoption, the process is very similar to any other adoption but with a very significant emotional component. Like any adoption, the birth parents’ parental rights are terminated. Unless your child and the other parent are willing to voluntarily terminate their rights, this can involve unpleasant litigation between you and your child.

There are at least 20 separate grounds for involuntary termination of the parent-child relationship. For grandparents to succeed in an involuntary termination of a parent’s rights, they must successfully prove, by clear and convincing evidence that such grounds exist. The very nature of this type of lawsuit is damaging to the grandparents’ relationship with their child. Because of this, we advise careful deliberation before embarking on this path.

Helping Grandparents Help Their Families: The Bob Leonard Law Group, PLLC successfully achieves grandparents’ adoptions as a part of our adoption practice. We applaud grandparents who want to take on this very rewarding – but demanding – challenge.

Grandparents’ Rights in Custody and Visitation

Grandparents’ Rights with respect to custody and visitation are complicated issues. You have raised your children to be responsible adults, but along the way, circumstances dictate that you might be a better choice to raise your grandchild and it might be in the grandchild’s best interest for you to step into the parenting role. What are your grandparents’ rights under Texas law? Since 2000, grandparents’ rights are significantly fewer than before.

In 2000, in Troxel v. Granville, the United States Supreme Court turned the previous acceptance of Grandparents’ Rights upside down. The ruling effectively says that parents’ rights not only supersede the best interests of the child, but also take priority over the grandparents’ rights to visitation and custody. The rules changed dramatically with Troxel.

Today, grandparents can ask the court to allow them custody or possession of the children only in certain circumstances. A grandparent (or certain other people) may ask a court to appoint them conservator of a child where the present circumstances would significantly impair the child’s physical health or emotional development. The court cannot allow a grandparent to file an original suit asking for possession of the child, but the court can allow a grandparent to intervene in a pending suit if there is satisfactory proof to the court that the appointment of a parent or both parents managing conservators would significantly impair the child’s physical health or emotional development.

Of course, there are always variations on these scenarios, but grandparents’ rights are largely determined by their children.

Helping Grandparents Help Their Families : The Bob Leonard Law group works alongside grandparents every day to help them help their families. We are honored to work with these dedicated folks.

Speak to an adoption expert ! Call Bob Leonard Law Group, PLLC 817-336-8500 or Contact Us online!

Adoption Guide for Parents

Foster Adoption for Forever Families

Stepparent Adoption . . . Blending Your Family

Foster Adoption for Forever Families

Tue, 05 Nov 2013 03:54:00 GMT

Foster Adoption For Forever Families! Hope for Safe and Happy Homes.

Foster Adoption

Foster Care – Service for children who are unable to live with their parent or guardian for some temporary length of time. (In Texas, this service is refers specifically to children under the Texas Department of Family and Protective Services’ legal responsibility.

Foster Adoption – Adoption of a child in the foster care system after it is determined it is not safe for the child to go back to his parent or guardian and the parental rights of the birth parents have been terminated.

National Adoption Day

In 2000, the National Adoption Day Coalition launched an initiative with the help of law firms and child advocacy agencies to complete hundreds of adoptions in a group effort. This year the Coalition expects 4,500 children in foster care to be adopted into a forever family. Fort Worth has been in the forefront of the initiative.

On Friday, November 22, 2013, the Tarrant County Family Law Courts and the Tarrant County Bar Association team up with Tarrant County CASA, Texas Wesleyan (now Texas A&M) Young Attorneys Association, and the Texas Department of Family Protective Services Child Protective Services (CPS) division, for a group of about 100 adoption ceremonies. The day includes food, flowers, fun activities, fuzzy teddy bears, photos and, best of all, newly formed forever families.

Foster Adoptions

Despite this tremendous effort, there are still literally thousands of children remaining in foster care. At the same time, there are countless would-be adoptive parents waiting to find children. These two groups are forever families in the making, ready to create permanent loving homes for both the parents and the children.

Adoption is undoubtedly our favorite practice area. All adoptions are awesome, and foster adoptions are especially rewarding. With the rewards, you may also face challenges. Your foster adoption attorney team is well qualified to assist you and guide you through the system.

If you are already a foster parent considering adoption, we sincerely hope you will call on us today. We understand the system. We know the procedures. Once you have met all the requirements and welcomed a foster child into your home, you may begin thinking about making the situation permanent through foster adoption.

The agencies can help you with the requirements. Your foster adoption attorney can help make your path a smooth one. We are your advocate throughout the foster adoption process.

Foster Facts

The facts facing foster children are hard. Harder still are the fatalistic and fearful faces of the children in the system. Is there hope they will find a forever family? Sure there is! You can be the solution and the Bob Leonard Law Group is ready to work with you side by side along the way.

Foster Requirements

We often see clients who want to complete their family by becoming a foster adoptive parent. These clients need a resource road map to find their way and stay on course. There are requirements you must meet in order to serve as a foster parent. Your legal team at the Bob Leonard Law Group wishes you all the best. Please let us know if we can help you in any way in your journey to foster adoption. We would be truly honored to work with you.

If you are a Grandparent and are considering adopting your grandchild, please check back next week for more information. If you have an idea for a future topic, please let us know. We always welcome your input.

For more specifics about foster adoption requirements , go to the Texas Department of Family and Protective Services website. Here is a link that will take you right to the page you need: http://www.dfps.state.tx.us/Adoption_and_Foster_Care/Get_Started/ .

Speak to an Expert Adoption Attorney About Your Divorce and Taxes

Contact Our Office

817-336-8500

info@bobleonardlawgroup.com

The post Foster Adoption for Forever Families appeared first on Bob Leonard Law Group, PLLC .

This is for informational purposes only. Please know that your case is unique and you may need to hire an attorney to give you information specific to your situation.

Power Attorney Award From Fort Worth Business Press

Tue, 05 Nov 2013 00:45:00 GMT

Congratulations! Bob Leonard , Power Attorney

The Power Attorney Award from Fort Worth Business Press is well deserved and we are honored to work with you!

Bob Leonard Is A Board Certified Family Law Expert and EXPERIENCED in Probate Law SERVING TARRANT AND PARKER COUNTY, TEXAS.

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Adoption Guide for Parents

Thu, 31 Oct 2013 01:56:00 GMT

Adoption Guide for Parents from Board Certified Expert Adoption Attorney

Congratulations on your decision to adopt! Let’s get started. Our adoption guide for parents will walk you through the process and help avoid or minimize any pitfalls that might come your way.

Here is is a list of things you will need: 1) positive attitude; 2) perspective; 3) persistence; 4) patience. These qualities are required of parents (especially parents of teens), so you may as well get some practice in early, right?

Positive Attitude about the Adoption Process

Keep Perspective in Place During the Adoption

Polite Persistence Pays Off in Your Adoption Process

Practice Patience Throughout the Adoption Process

Welcome Adopted Baby Home!

Remember November is National Adoption Month . Any adoption started through the Bob Leonard Law Group, PLLC in November will receive a reduced rate on attorney fees. Contact Us .

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