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shutterstock_754746535.jpgIf you are thinking about getting a divorce in Texas, but you are also an active duty member of the military, you might be wondering how your active duty status will affect your child custody rights. It is important to recognize that each state differs in its legal approach to the custody rights of military parents. 

Active Duty Parents and Child Custody Rights in Texas

In Texas, parents are considered active-duty military parents if they meet one of three circumstances. According to Texas Family Code 153.701, the law regards military service in the following ways: 

  • Temporary military duty 

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TX divorce lawyerOver the last two years, Americans spent more time at home and spending on pets skyrocketed. Because pets feel so integrated into our lives and relationships and take so much work to raise and train, people often feel deeply invested in their pets, making them a very sensitive subject during divorce. If you are considering divorce in Texas and are wondering what will happen to your pet, read on.

Pets are Property Under Texas Law

Although a pet may feel almost like a child, as far as Texas law is concerned, pets are property just like a car or an engagement ring. Texas is a community property state, meaning that all marital property must be split 50/50 in a divorce.

To understand what will likely happen to your pet in a divorce, you must first determine whether a pet is separate property or marital property. If one spouse owned the pet before getting married, the animal is likely separate property and will remain with its original owner after the divorce. But if a pet was acquired after a couple got married, both spouses will likely be seen as the animal’s owners.

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TX family lawyerParents are not perfect humans, and everybody makes mistakes. Sometimes a parent makes a mistake that is blown out of proportion; other times, vengeful exes make false accusations to try to gain the upper hand in a custody battle. When this happens, the Texas Child Protective Services (CPS) may get involved and launch an investigation into a parent who has been accused of child abuse.

These investigations are serious and can lead to criminal charges. Even if you believe you are completely innocent, is it important to take the investigation seriously, behave cooperatively, and get an experienced attorney to help you defend your parental rights.

What Can a CPS Investigator Do?

Because a CPS investigator needs to get accurate information about allegations of abuse, the investigator will want to talk to the child who is the victim of the allegations. This interview can happen anywhere, but often takes place when the child is at school. The interview takes place one-on-one, between the child and the investigator, and is recorded.

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TX divorceEverybody has heard a nightmare scenario about someone who is getting divorced and has been falsely accused of child abuse, domestic violence, or other terrible behaviors. Spouses may be motivated to make false accusations because they believe that they are increasing their chances of success in a hostile contested divorce or custody dispute.

False allegations are serious and they can have a very harmful effect on the person against whom they are made. Unfortunately, as long as there are unfair people with ulterior motives, false accusations during divorce will continue. If you have had such accusations made against you, read on.

Why Would Someone Make False Accusations During a Texas Divorce?

Although it is impossible to read a dishonest person's mind, people are often not interested in playing fair during divorce because they believe they can get something out of it. The potential benefits of false accusations include:

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IL divorce lawyerIf you have ever been threatened by someone and fear they will commit violence against you, it can be difficult to know what to do. Victims of domestic violence in particular face a challenging set of choices because their abuser is frequently their romantic partner, making it difficult to get a divorce or otherwise leave the relationship.

Violence, including the threat of violence, is serious business under Texas law. Seeking something known as a “Protective Order” can give victims or potential victims of violence an option that keeps them safe by keeping their abuser away. If you have suffered violence or someone is threatening you, understanding Protective Orders is key to ensuring your future safety.

What is a Protective Order in Texas?

Protective Orders are court orders that are intended to separate someone violent from their victim. Protective Orders can apply to perpetrators of violence such as beating, hitting, slapping, and choking, as well as perpetrators of sexual assault. Even threats of violence can be sufficient to warrant a Protective Order in Texas. There are three kinds of Protective Orders available:

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