Typically, parents who are divorcing in Texas are appointed as Joint Managing Conservators of the children.  This means that both parents have specific rights and duties when it comes to the children.  These rights and duties include:   • physical possession of the child, • directing the moral and religious training • designating the primary residence, • consenting to medical, dental, and psychological treatment, • receiving child support, • consenting to marriage or joining the armed forces, • education decisions, and many more.   Joint Managing Conservators are also awarded possession and access schedules.  The most common is the Standard Possession Order where the non-primary parent has the children on...

Parents have the duty to support their child, which includes providing the child with clothing, food, medical and dental care, shelter, and education. This duty to support is not limited to providing only the bare necessities. The duty to support is imposed on parents when the child is born. The duty exists regardless of whether a court has ordered a parent to pay child support. The duty to support ends when any of the following occurs: • Minority ends: -  When the child turns 18; -  When high school ends, if the child is still enrolled when he/she turns 18; • Parent-child relationship terminated: •...

Now that you have decided to create your Estate Plan, you want to be sure you cover all your bases and leave nothing out.   What questions should you ask yourself and what things should you be thinking about?   An experienced Estate Planning attorney will help you go over various scenarios and be certain you have everything covered in all the right documents. While not a comprehensive list, here are some of the things you should consider.   1.     What are my assets? What are my debts? Make a list and gather the information and documentation needed to identify all your assets and debts. Some accounts...

In our last article, we gave you an overview of a basic Estate Plan, the different documents that can be included and what they do.   Today, we are discussing probate, what happens when someone dies with a will and when it might be better to have a living trust.   What is probate?   Probate is the court process that takes place after someone dies. During probate, the decedent’s will is proven valid, then his or her property gets identified, inventoried, appraised and distributed after any payments to debts and/or taxes. Probate typically involves paperwork and court appearances by attorneys. Legal and court fees are...

Nearly everyone has an estate. Your estate is simply everything you own – your car, home, bank accounts, life insurance, personal possessions, etc. Some estates are large, some are small, but just about everybody has one. What do they all have in common? You can’t take it with you when you die.   Only two things in life are certain – death and taxes. Estate Planning has something to do with both. A good estate plan carries out your wishes and instructions and makes it happen with the least amount paid to taxes, legal fees and court costs.   That is Estate Planning in a...

Happy Father's Day to all of you loving, hard working dads.  Our tagline may be "Ever Argue with a Woman?" but don't let that fool you into believing we advocate for women only. Here at Tessmer Law Firm, PLLC, we believe in "Families First." In a divorce situation, we work to do that which is in your child's best interests, first and foremost. Giving birth doesn't make one a better parent.  Dads deserve some credit, too!  Here is a set of ten tips for any father out there who may be facing a divorce:   Divorcing Dad Tip #1:  Think carefully before leaving your...