Adoption is often described as a “labor of the heart,” and in the great state of Texas, that labor comes with a fair share of paperwork. While the goal is simple bringing a child into a loving home—the legal requirements are designed to be thorough.

In San Antonio, families have several paths to choose from:

1. Private Agency Adoptions: Working with licensed professionals to find a match.
2. Stepparent Adoptions: Legally cementing the bond you’ve already built.
3. Foster-to-Adopt: Providing a permanent home for a child currently in the state system.

Each of these paths requires a unique strategy. This is where a san antonio texas adoption lawyer becomes your most valuable teammate. We handle the “un-fun” parts the background checks, the filings, and the strict Texas timelines so you can focus on the nursery and the “welcome home” party.

The San Antonio “Home Study” – Not as Scary as It Sounds

One of the most common hurdles in the adoption process is the Home Study. Many prospective parents envision a stern official with a white glove checking for dust under the fridge. In reality, it’s a series of interviews and home visits meant to ensure a safe, stable environment.

• Financial Review: Proving you can provide for the child’s needs.
• Background Checks: Standard safety protocol for everyone in the household.
• The “Safety Sweep”: Ensuring smoke detectors work and hazardous materials are locked up.

Think of it as a pre-flight checklist. Your san antonio texas adoption lawyer will help you prepare for this milestone, ensuring you feel empowered rather than inspected.

Stepparent Adoptions: Making It Official in the Alamo City

We see many families in San Antonio where a stepparent has been the “real” parent for years. In Texas, a stepparent adoption is a two-step legal dance: the termination of the other biological parent’s rights, followed by the adoption decree.

Pro Tip: In Texas, if the child is 12 years or older, they must provide written consent to the adoption. It’s a powerful moment that often brings families closer together.

Because San Antonio is a massive military hub home to JBSA-Fort Sam Houston, Lackland, and Randolph we often deal with “Military Adoptions.” These cases can involve unique challenges regarding deployments, BAH (Basic Allowance for Housing), and out-of-state biological parents. Our team at Tessmer Law Firm is deeply familiar with these complexities, ensuring that our service members’ families are protected and recognized.

Common Myths About Adoption in Texas

Let’s clear the air on a few things. You don’t need to be a millionaire to adopt, and you don’t need a “perfect” life. You just need a stable home and a big heart.

Myth 1: “I’m too old to adopt.”

In Texas, as long as you are at least 21 years old and “fit,” there is no upper age limit. Many “Silver Adventurers” in San Antonio are successfully adopting and providing wonderful homes for children.

Myth 2: “The process takes decades.”

While it’s true that international adoptions have slowed down significantly, domestic and stepparent adoptions in Bexar County often move much faster. A typical stepparent adoption might wrap up in 3 to 6 months if all parties are in agreement.

Myth 3: “I can do the paperwork myself.”

While you can, it’s a bit like trying to fix your own transmission after watching one YouTube video. One tiny error in the “Original Petition for Adoption” can lead to years of legal headaches. A san antonio texas adoption lawyer ensures your rights are airtight from day one.

Why Tessmer Law Firm? Because We Fight for Family

Choosing a lawyer is about more than just finding someone who knows the law; it’s about finding someone who understands the stakes. Heather Tessmer founded this firm to be a place where clients are treated like family. We bring a blend of compassion and “rockstar” grit to the table.

We leverage modern legal technology to make the process as seamless as possible. Whether it’s a virtual consultation via Zoom or secure digital document sharing, we respect your time. We know that families in areas like Stone Oak, Alamo Heights, and the Medical Center lead busy lives, and we’re here to make the legal side of things the least of your worries.

For more information on the official legal standards for adoption in Texas, you can visit the Texas Department of Family and Protective Services (DFPS) for a deep dive into state-wide resources.

Conclusion: Your New Chapter Starts Here

Adoption is a beautiful, life-changing decision. It’s the moment a “house” truly becomes a “home.” While the legal road has its bumps, you don’t have to navigate it alone. From the first filing to the final hearing at the Bexar County Courthouse, we are with you every step of the way.

Are you ready to make it official? Whether you’re just starting to explore your options or you’re ready to file that petition, the team at Tessmer Law Firm is ready to listen and strategize.

Ready to Grow Your Family?

Don’t let legal red tape stand in the way of your future. Contact a san antonio texas adoption lawyer at Tessmer Law Firm today to schedule your 30-minute consultation. Let’s start this journey together.

Call us at (210) 368-9708 or visit our Contact Paget o get started.

The post  San Antonio Texas Adoption Lawyer | Tessmer Law Firm appeared first on Tessmer Law Firm.

Life in the Alamo City is full of vibrant culture, storied history, and deep-rooted community. But when your personal life takes an unexpected turn—whether through a complex divorce, a sensitive child custody dispute, or a transition in your estate planning—the local landscape can suddenly feel overwhelming. In these moments, you don’t just need a lawyer; you need an advocate who understands the nuances of the Bexar County court system and the unique needs of Texas families.

At Tessmer Law Firm, we’ve built our reputation on a simple but powerful mantra: “Ever Argue With A Woman?” It’s more than a catchy slogan; it’s a reflection of our tenacity, our attention to detail, and our unwavering commitment to our clients. When you search for family attorneys in San Antonio, you aren’t just looking for someone to fill out paperwork. You are looking for a team that will stand in your corner, protect your assets, and secure your children’s future with both compassion and grit.

The 2026 Landscape of Texas Family Law

As we move through 2026, the world of family law is evolving. We are seeing a significant shift toward “strategic restraint” and private resolutions. Gone are the days when every divorce had to be a “splashy” courtroom battle. Today’s families are prioritizing privacy, mental health, and long-term stability.

Whether you are navigating a “gray divorce” later in life or establishing a modern co-parenting plan, the stakes have never been higher. According to recent data from the Texas Attorney General, thousands of families rely on the state’s legal infrastructure to maintain financial stability for their children. However, navigating these systems alone is a risk most San Antonians shouldn’t take.

Why Local Expertise Matters

San Antonio is unique. From the specific local rules in Bexar County to the nuances of military divorce for those stationed at Joint Base San Antonio (JBSA), your legal representation needs to be rooted in local experience. Our team at Tessmer Law Firm doesn’t just work in San Antonio; we are part of the community, serving neighborhoods from Stone Oak to Alamo Heights and beyond.

Our Core Practice Areas: How We Support You

1. Compassionate Divorce Representation

Divorce is rarely just about the end of a marriage; it’s about the beginning of a new chapter. Whether you are pursuing a collaborative divorce to keep matters out of the public eye or you need a “badass” litigator to handle a contested trial, our attorneys are equipped for both. We specialize in:

• High-Asset Property Division: Ensuring community property is divided fairly and accurately.
• Military Divorce: Navigating the complexities of BAH, retirement benefits, and deployments.
• Spousal Maintenance: Advocating for structures that support your post-divorce financial health.

2. Child Custody & The “Best Interest” Standard

In Texas, the court’s North Star is always the “best interest of the child.” Our family attorneys in San Antonio work tirelessly to create parenting plans that foster stability. We understand that every family is different—some require a Standard Possession Order, while others benefit from creative 50/50 schedules or parallel parenting models designed to reduce conflict.

3. Protecting Your Legacy: Estate Planning & Probate

Family law doesn’t stop at divorce. Protecting what you’ve built for the next generation is vital. Our firm provides comprehensive services in:

• Wills and Trusts: Crafting documents that reflect your true wishes.
• Guardianship: Protecting those who cannot protect themselves.
• Probate Administration: Guiding families through the legal hurdles after the loss of a loved one.

What Sets Tessmer Law Firm Apart?

We know there are many family attorneys in San Antonio, but our approach is different. Heather Tessmer founded this firm to be an inclusive, female-led environment where clients feel like family, not just a case number.

“I wish I had started with Tessmer… these women are absolute rockstars. They kept me motivated and focused on our long-term goals.” — Former Client Testimonial

Efficiency Meets Technology

We leverage modern legal technology to ensure your case moves as quickly and transparently as possible. From virtual consultations via Zoom to secure portals for document sharing, we make the “un-fun” parts of legal proceedings as seamless as possible.

Common Questions When Hiring a Family Lawyer

How long does a divorce take in San Antonio?

In Texas, there is a mandatory 60-day waiting period from the date the petition is filed before a divorce can be finalized. However, complex cases involving property disputes or custody battles can take significantly longer.

Do I really need an attorney for an uncontested matter?

Even in “amicable” situations, small errors in legal language can lead to years of expensive modifications later. Having a professional review your agreements ensures your rights are protected from day one.

Conclusion: Take the First Step Toward Peace of Mind

Facing a legal battle is stressful, but you don’t have to face it alone. Whether you’re dealing with a difficult ex-partner or simply want to ensure your estate plan is airtight, the right legal team provides the clarity and protection you deserve.

At Tessmer Law Firm, we are proud to be the family attorneys in San Antonio that locals trust. We are ready to listen, ready to strategize, and—if necessary—ready to fight.

Ready to protect your future? Contact us today to schedule a 30-minute consultation. Whether in person at our Northwest Center office, over the phone, or via Zoom, let’s start your journey toward a better tomorrow.

Divorce and Family Law Advice

This video features Heather Tessmer discussing practical advice for those entering the divorce process.

The post Top-Rated Family Attorneys in San Antonio: Tessmer Law Firm appeared first on Tessmer Law Firm.

Let’s be honest: nobody wakes up on a beautiful San Antonio morning, looks at the Tower of the Americas, and thinks, “You know what would be fun today? Calculating net resources and discussing the Texas Family Code.”

If you are dealing with child support, you’re likely feeling a mix of stress, confusion, and maybe a little bit of “how did I get here?” Whether you’re the one who will be receiving support to keep the fridge full and the soccer cleats paid for, or the one writing the check every month, the process can feel like trying to navigate the River Walk on a crowded Saturday—confusing, a bit loud, and full of tourists (or in this case, legal jargon) getting in your way.

That’s where a San Antonio child support lawyer comes in. At Tessmer Law Firm, we believe that “legal” doesn’t have to mean “boring” or “intimidating.” We’re here to take the weight off your shoulders so you can get back to what matters: being a parent.

The “Not-So-Secret” Formula: How Texas Does Math

In Texas, child support isn’t a guessing game played by a judge who just happened to have a good breakfast. It’s based on a specific formula. If you’ve ever tried to read the Texas Family Code, you know it’s about as exciting as watching paint dry on a hot July afternoon in Bexar County.

Generally, the state uses a “percentage of net resources” model. Here is the quick-and-dirty breakdown for one household:

• 1 Child: 20% of net resources
• 2 Children: 25% of net resources
• 3 Children: 30% of net resources

But wait—what exactly counts as a “net resource”? This is where people get tripped up. It isn’t just your base salary. It can include bonuses, commissions, overtime, and even that side hustle you started selling custom Fiesta medals. A skilled San Antonio child support lawyer ensures that the “net” is calculated fairly. We make sure nobody is hiding income under a digital mattress, and we ensure the payor isn’t being squeezed for more than the law requires.

Why “DIY” is for Home Decor, Not Courtrooms

We get it. The internet is full of “calculators” and “do-it-yourself” legal forms. It’s tempting to try and save a few bucks by handling it yourself. But child support is about the next 18 years of your life (and your child’s life).

Think of it like this: Would you perform your own root canal? Hopefully not. Would you try to fix the foundation of your house with a YouTube tutorial and some duct tape? Probably not.

A San Antonio child support lawyer brings something to the table that an online form can’t: local context. We know the Bexar County courts. We know the judges. And we know how the local standing orders work. More importantly, we know how to argue your specific story. Maybe your child has special medical needs that require “above-guideline” support. Or maybe your income fluctuates wildly because you work in the South Texas oil fields. These aren’t just numbers; they are your life.

Life Happens: Modifications and Enforcement

If there is one thing we know about life in San Antonio, it’s that things change. Jobs are lost, promotions are won, and kids grow up (and get more expensive).

When the Order Needs a “Makeover”

A child support order isn’t set in stone. If it’s been three years since the last order, or if there has been a “material and substantial change in circumstances,” you can ask for a modification.

• Job Loss: If you lose your job, you still owe the original amount until the court says otherwise. Don’t wait!
• Relocation: Moving for a job at USAA or Rackspace? That might change the visitation schedule, which can sometimes impact the support flow.

When Someone Stops Playing Fair

It’s frustrating when the other parent stops paying. It’s not just about the money; it’s about the broken promise to the child. A San Antonio child support lawyer has the tools to enforce the order. This can include wage withholding, intercepting tax refunds, or even “contempt of court” (which is a fancy way of saying the judge gives them a very stern talking to… or a stay in the Bexar County jail).

The Tessmer Touch: Compassion with a Side of Grit

At Tessmer Law Firm, we’re known for our “Ever Argue With a Woman?” campaign. It’s a bit cheeky, sure, but it speaks to a deeper truth: we are tenacious. We don’t just fill out forms; we advocate.

We understand that behind every child support case is a family in transition. Our goal is to move you through the process with as much grace and as little drama as possible. We want the resolution to be fair. We want your kids to be taken care of. And we want you to feel like you have a powerhouse in your corner.

Note: According to the Texas Attorney General’s Office, child support is a right that belongs to the child, not the parent. This is a crucial distinction that drives how Texas courts make their decisions.

FAQs: The Stuff Everyone Asks

1. Does my new spouse’s income count? In Texas, generally no. The court looks at your resources, not your new husband’s or wife’s. You can breathe a sigh of relief there.

2. What if we agree to $0 in support? The judge still has to approve it. Since support is for the child’s well-being, judges are often very hesitant to approve $0 support unless there is a very specific, iron-clad reason (like perfectly split 50/50 custody where both parents earn the exact same amount).

3. When does it end? Usually, when the child turns 18 or graduates high school (whichever is later). If the child has a disability, it could potentially last longer.

Conclusion: Let’s Get This Handled

You don’t have to do this alone. Whether you’re in Stone Oak, Alamo Heights, or right in the heart of downtown, your family deserves representation that is both professional and personal.

Don’t let the paperwork and the stress keep you up at night. Let a San Antonio child support lawyer handle the heavy lifting while you focus on being the best parent you can be.

Ready to find a fair path forward? I can help you prepare for a meeting with your legal team! Would you like me to create a “Child Support Consultation Checklist” so you know exactly what documents to bring to your first appointment at Tessmer Law Firm?

The post The “No-Stress” Guide: Best San Antonio Child Support Lawyers appeared first on Tessmer Law Firm.

The divorce process can be long and draining. Make sure you are emotionally and mentally sure of the changes you want to make. There are possible steps before a divorce such as trial separation or therapy, but ultimately you are the best person to judge your relationship. Make an outline of your main talking points and reasons for wanting a divorce. Think about their potential questions and how you would answer. Consider their potential objections and responses to them. Practice saying your main talking points to help reflect a calm and confident decision.

You Can’t Control Your Partner’s Reaction

Remain calm as you are having the conversation. You were prepared for this, but they might not be. Start by addressing the important but uncomfortable nature of the conversation you are wanting to have. There is no way to know how your spouse will respond. They could be mad, confused, agree, or numb at first. These feelings, for both of you, will change throughout the conversation and the divorce process. While you can’t control their reaction, you can control your response to their reaction.

Using “I” Language

When explaining why you want a divorce, saying “you” may cause your spouse to react aggressively or in defense. Think about the goals you have for the conversation: are you looking to blame them or are you looking to have an honest conversation about ending your relationship? Instead of saying “you don’t care about me” consider rephrasing to “I feel frustrated when my feelings aren’t acknowledged.” A good sentence structure to consider is:

“I feel __(emotion)__ when __(event that causes emotion)__ because __(reason you feel this way)__.”

There’s Never a Perfect Moment

The sky won’t open and reveal the right moment to start the conversation. However, there are some key considerations to remember when determining when to have a conversation with your spouse. Think about a time when the children won’t be around to overhear or when you two will have the time to be alone for a significant time. Think of times when stress will be low, whether that be the time of day or the time of year.

Don’t Try to Figure It All Out

Tessmer Law Firm has a team of attorneys who are ready to guide you through the major issues of a divorce. A tense conversation and emotional thoughts won’t be productive when considering custody, housing arrangements, and more. For more information call us at 210-368-9708 or schedule a consultation.

The post When Asking for a Divorce appeared first on Tessmer Law Firm.

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Common Law vs Ceremonial Marriage

Some states only consider a marriage valid if it is done through the formal marriage process. This process includes applying for and obtaining a marriage license, and having an officiant officiate the wedding. Other states, however, recognize another valid marriage that does not include the formalities—a common law marriage. Texas is among the states that recognize common law marriages. For a Texas court to establish a common law marriage exists the party must assert three elements that must be satisfied simultaneously. These elements are that the parties: 1) have an agreement to be married; 2) live together as a married couple; and 3) hold out to others that they are married. A common law marriage may also be evidenced by a declaration of information marriage filed with the county clerk. In most cases, there is no formal document and couples will instead prove their marriage by providing proof of the three required elements.

In cases where both parties are alive and agree that the elements of a common law marriage have been met, establishing the existence of such a marriage can appear relatively straightforward. By contrast, in probate proceedings where one party is deceased and unavailable to attest to the elements of the relationship, proving the existence of a common law marriage becomes considerably more difficult.

Although Texas law affords common law marriages the same legal standing as formal marriages, the burden of proving the existence of a valid common law marriage becomes critically important during probate. If such a marriage is established, the surviving spouse is entitled to inherit the estate.

Common Law Elements

While proving the elements of a common law marriage may be straightforward when both parties are alive to testify, it becomes significantly more challenging when one party is deceased—especially if others are contesting whether the marriage ever existed.

A couple must have an agreement to be married. Such agreement does not have to be expressed and can be implied through circumstantial evidence, so long as it shows the couple intended to create an immediate, present, and permanent marriage and not just temporary cohabitation. Direct testimony relating to the reasoning behind the union, descriptions of the union, and that such union occurred through informal ceremony is enough to establish the agreement element. Proving that there was an agreement to be married may prove itself challenging in the context of probate. This agreement does not need to be in writing—it can be oral and known only between the two parties. But if one party is deceased and cannot testify, and there is no additional supporting evidence, it becomes much more difficult to convince the court that such an agreement ever existed. It is important to highlight that the agreement to be married can be implied through circumstantial evidence. That being said, it is not impossible to prove there was an agreement to be married in probate proceedings.

The couple must live together. There is no time requirement, and the cohabitation does not need to be continuous. This is generally not hard to prove because there will usually be a witness to the couple physically living together. However, evidence of intent to cohabit at a later date is insufficient to establish this element if the parties concede they never cohabitated.

The expression may also be known as “holding out to the public” so that the public becomes aware of the couple’s status or that they consider themselves in the community as being married. This is another element that is difficult to prove and is often the most disputed. To prove this reputation, the couple must conduct themselves as married in the public eye or represent themselves as such. Simply put, A couple must have a reputation in the community for being married to sufficiently establish that they held themselves out as a married couple. Occasional references as “husband” or “wife” are insufficient to establish a common law marriage. Additionally, both parties are required to represent themselves as married.

Texas Civil Practice and Remedies Code § 37.005

A person claiming to be the surviving spouse should file a claim for declaratory judgment to determine if there was a legal common law marriage. Under section 37.005 of the Texas Civil Practice and Remedies Code, a person interested as an executor or administrator of the estate of a decedent may have a declaration of rights or legal relations in respect to the estate to ascertain any class, to direct the executors or administrators to do or abstain from a particular act, to determine any question arising in the administration of the estate, or to determine the rights or legal relations of an independent executor or administrator regarding fiduciary fees.

Probate

Probate is the process which courts oversee the distribution of people’s assets are their death. In probate proceedings, the central issue typically revolves around determining how the decedent’s estate will be distributed. For a common law spouse who is facing a disputed claim of inheritance rights, the key element is establishing the marriage. The surviving spouse will need to demonstrate each of the three elements to a common law marriage and they bear the burden of proving the existence of the common law marriage in probate court. The probate court has jurisdiction to determine whether a common law marriage existed, especially if the deceased spouse died intestate, meaning without a will. Evidence to support the common law marriage might include testimony from witnesses and documents such as joint bank accounts or tax returns. If the common law marriage is established, the surviving spouse can inherit a portion of the deceased spouse’s estate.

Next of Kin

When someone dies without a will, intestacy laws distribute assets to family members according to a set of predetermined rules. In Texas, the surviving spouse is given priority, based on the presumption that they will manage the estate in accordance with the decedent’s wishes and in a manner that benefits the estate and its heirs. If there is no surviving spouse, the decedent’s children are next in line for consideration. Tensions can arise when conflicts exist between the surviving spouse and the children. These disputes are often amplified when the surviving spouse claims to have been in a common law marriage with the decedent rather than a formal one.

Property

For a quick review, community property is property that is generally acquired during the marriage and is owned equally by both spouses. Separate property are the assets that were owned before marriage or received as gifts or inheritances during marriage. When distributing property in probate, distribution depends on whether the deceased spouse is survived by a spouse, children, or other relatives. A surviving spouse does not need to go through probate for assets that have joint ownership.

Some important things to review when dealing with a claim of common law marriage in an estate are the assets of the estate, when they were acquired, whether separate or community funds were used to purchase the asset, whether they are separate or community property, and if any other claims for reimbursement or offset exist.

Distribution – Married

When a married person has children or other descendants, distribution depends on whether the property is personal, real, community, or separate. For the decedent’s separate personal property, one-third will go to the surviving spouse and two-thirds will go to the children. For the decedent’s separate real property, the children take all equally, subject to the surviving spouse’s one-third of the life estate. All separate real property will be owned outright by the decedent’s children or other descendants when the surviving spouse dies. Decedent’s share of community property will go to the surviving spouse when all surviving children and descendants of deceased are also children or descendants of the surviving spouse. When there are children and descendants outside of the existing marriage on the date of death, all the children take equally while the surviving spouse retains their own share.

When a married person has no children or descendants, distribution again first depends on whether the property is personal, real, separate, or community. Separate personal property will all go to the surviving spouse. Separate real property distribution will distribute half to the surviving spouse and the other half follow the next of kin hierarchy and award. Any share of community property will all go to the surviving spouse.

Distribution – Unmarried

Contrast this distribution with an unmarried person. If the unmarried person had children or other descendants, all the children take equally to all property. If the unmarried person had no children or descendants, all property is distributed according to the next of kin hierarchy.

If you noticed in the earlier slide, a domestic partner or boyfriend or girlfriend does not have any claim within the laws governing next of kin. This is why clarifying the marital status of the decedent is essential when moving forward with probate. There is no “second class” marriage, so a spouse resulting from either marriage type has the same legal status. This is why if the existence of the marriage is denied and significant property is owned by one or both parties, it is common procedure to suspend discovery concerning property and first determine whether a marriage exists.

Surviving Spouse and Probate

If the surviving spouse is trying to determine whether they need to go through the probate process, ask the following questions. One. Did the deceased spouse own separate property? Two. Are there any children from a previous relationship? Three. Are the assets solely in the deceased spouse’s name without beneficiary designation? And Four. Excluding the homestead, does the estate’s value exceed seventy-five thousand dollars? If the answer to any of the questions was yes, the surviving spouse may need probate.

Scenario

This conversation came about after our firm experienced firsthand the intersection between family law and probate law. The decedent and client were ceremonially married in 1991. They divorced in 2006. However, after coming back together in 2018, in 2022 the couple agreed to be married and remained married without any formal ceremony or license to memorialize their agreement. When the decedent passed in 2024, the couple had been living as a married pair. When things became contested in 2025, the matter of the estate would be ultimately determined by the question of whether there was an agreement to be married.

Just like any other family law marital dispute, there are different ways to provide evidence of an agreement to be married. While an agreement to marry does not need to be shown by direct evidence in order to establish a common-law marriage, it can be helpful in a case where marital status is disputed. This can look like tax forms, questionnaires including relationship status or beneficiaries, and language that refers to one another as spouses used by third parties.

Court have also examined evidence providing the presence or absence of religious ceremonies, premarital agreements, hotel receipts, photographs of the couple, social media posts, insurance applications, affidavits in connection to home sale, apartment applications, and emergency contact relationship indicators. Other evidence could include the name on a driver’s license, the name on a social security card, bank accounts, utility bills, and other property records.

These cases are fact intensive. There are many possibilities to confirm an agreement and establish a marriage. Establishing a marriage will also establish inheritance rights, community property, and homestead rights.

Questions and Consultation

A properly drafted will can help avoid any disputes as an heir or as to marital status. Estate planning can help with a quick resolution and protect your family even after your death.  Reach out to us today if you are needing assistance with a will, probate law, or estate planning.

The post Common Law Marriage: The Intersection Between Family and Probate Law appeared first on Tessmer Law Firm.

People enter into agreements every day. Like when you promise to get the milk on your way home from work or when you promise to return that Tupperware after a dinner party. It would not be reasonable to expect someone to draft a contract when the agreement is worth the value of a pinky promise. However, there are some agreements that, if broken, will result in more severe consequences than an evening grocery run. A business owner should put all agreements in writing. Some examples of things you should ensure are in writing include:

• leases or rental agreements
• storage agreements
• land transfers
• contracts for services (such as consulting or electrical work)
• purchase orders or contracts for goods worth more than a couple of hundred dollars
• offer letters of employment
• employment policies

The importance of putting this tip into practice.

Even if it’s not legally required, it’s wise to put almost everything in writing. A written agreement does not have to be formal or complex to get the job done. It can be as simple as an email exchange or a signed napkin. The nature of your transaction will determine the level of detail to consider implementing into a written agreement. The reasons for getting agreements in writing might be:

• Oral agreements can be difficult or impossible to prove
• Protecting your rights and interests
• Clear outlines of who is responsible for what
• Memory is unreliable
• Creates little room for misinterpretation or misunderstanding
• Ensures all parties agree to the same terms
• Some agreements are required to be in writing to be enforceable
• Promotes confidentiality and trust
• Protect promises in the event of unpredictable changes

Get in the habit of getting and giving receipts for all goods, services, and deposits, regardless of how much. 

Don’t let yourself become the victim of a handshake with fingers crossed behind the back. It is best to consult an attorney who understands the nature of legally binding agreements. Seeking a document review by a professional attorney? You can click the links to learn more about marital agreements or business agreements and services. 

Schedule a confidential consultation with one of our attorneys by clicking here or calling us at 210-368-9708.

The post Tessmer Tip: Put Agreements In Writing appeared first on Tessmer Law Firm.

1. The Obsession with Exes

If your partner just cannot stop talking about their ex, whether it’s negative or positive, this is a red flag. There should be a willingness to discuss past relationships while keeping the focus on the new relationship. If your partner is constantly bad-mouthing their previous relationship, it likely means they have not moved on and still have healing to do. If your partner is always raving about how great their ex is– run. They are likely trying to make you jealous, and this behavior is toxic. 

2. Exhibiting Toxic Behaviors

Manipulating your relationships with friends and family, resentment, dishonesty, ignoring your needs, lack of self-care, and hoping for change from your partner are all behaviors that will take a toll on the relationship, and on you as an individual. If only one partner is invested in creating healthy patterns, there is little chance that any change will happen. 

3. Troubles with Intimacy

If you and your partner have had talks about what each person likes and dislikes in the bedroom and there are still problems, take a look at the relationship outside of the bedroom. Has sex become a task? Is it one-sided? Are there external factors at play? Intimacy is essential for every relationship, but it’s not entirely physical. 

If it feels like the relationship is more “me” instead of “we” and you don’t feel a strong emotional connection with your partner, it could be a sign that you have different styles of physical intimacy. You may be able to improve your relationship by discussing physical needs in-depth. It could also be a sign that you have encountered someone who is too different sexually and won’t be able to meet your needs.  

4. When the “Honeymoon” Phase Ends, And So Does the Effort

The start of a new relationship is mystifying, full of excitement and fun. After some time, the Honeymoon Phase will come to an end. This happens in every relationship and you, and your partner must communicate about your wants and needs in the relationship. 

If your partner has withdrawn their effort, leaving you to meet their wants and needs as well as your own, it’s time to have a serious conversation about their priorities and where the relationship is going. Consistent effort in relationships is essential for each person to have trust and confidence in the other person. 

5. You’re Hesitant to Share Good News with Them Because You Worry, They Will Respond Negatively

If they can’t celebrate good moments with me, then what can they appreciate? When our good news is met with jealousy, belittling, disbelief, or rejection, it can make us feel confused and detached from our own experiences in ways that distort our reality. 

The success that we experience doesn’t disappear, but the way we interpret these moments transforms into subtle but powerful ways when we are met with discourtesy. Sharing good news with each other creates collective intimacy in the relationship and strengthens the bond between partners.

6. You’re Not Proud to Be with Them

If you are hesitant to introduce your partner to your family or friends, or if you’re embarrassed to bring them to a work event, it’s time to stop and think about why you have those feelings. It could be something that is easily fixed with a conversation, or it could be a personality trait that can’t be changed. 

Healthy boundaries can help you determine how to handle the situation. For example, if they are loud, sloppy, or rude while on a date in public and expect you to tolerate it- run. This is toxic behavior that will not improve over time. 

We hope you found these tips valuable and informative. If you have questions about divorce, custody, or any other legal matter, schedule a confidential consultation with one of our attorneys by clicking here or calling us at 210-368-9708.

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Generally, a high asset or high net worth divorce means exactly that: one or both parties have a net worth over a certain threshold. The exact figure varies with opinion, but for us, it is one million dollars ($1,000,000.00). This figure can consist of the total worth of several different things: cash, investments, property, businesses, or other assets.

What are typical complexities?

High tensions:

Divorce, in general, is an emotional and vulnerable process; now add a minimum of one million dollars in assets needing to be divided—this can make the journey much more difficult to navigate. With high asset divorce involving a high monetary threshold, the tensions of the parties involved typically run high. This can lead to misunderstandings, as well as create difficulty with communication between the parties. If you’re going through a high-asset divorce, consult your attorney on conducting yourself and remaining as civil as possible. Civil composure can ensure each party obtains a fair settlement by the least restrictive means.

Long Proceedings:

With the amount of assets and their worth, it can become very difficult to determine a fair and equitable distribution within a short time frame. High-asset divorces typically take longer due to the sheer amount and complexity of the assets needing to be divided. 

Possible Lack of Privacy:

While this isn’t the case for all high-asset divorces, many people with assets meeting the minimum threshold live in the public eye. Therefore, their divorce becomes public knowledge, and privacy may become difficult to obtain. However, there are ways both parties can recover their privacy such as considering mediation or other alternative dispute resolution methods.

Need for Experts:

High-asset divorces may require the parties to consult with an expert. These experts can give insight and advice regarding their assets and the future of them. Want to know what type of experts you may encounter in a high asset divorce? 

If you have questions about a high asset divorce or any other legal matter, schedule a confidential consultation with one of our attorneys by clicking here or calling us at 210-368-9708.

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1. Commonality

As a firm that has handled countless, often messy divorce cases, we understand that working closely with your ex or soon-to-be-ex can be mentally and emotionally draining. After all, you are separated for a reason! During these times, it is vitally important for the well-being of your children that you and your ex learn to conduct yourselves civilly when it comes to parenting matters.

Remember, no matter how different you two may be, you will always have your children in common and you both love them very much. Keeping this in mind can remind us that our children and their well-being should always be at the forefront.

2. Consistency

Every parent knows that children like to test our boundaries. Children push the envelope and see what they can get away with while learning who they are and where they fit in the world. 

For these reasons, it is important for you and your ex to get on the same page regarding discipline. When one parent allows something that the other parent does not, it often creates a power struggle in the mind of your child. They may begin to wonder who is really in charge and often act out as a result. Your children deserve consistency and stability in their lives. Having set rules for both households can go a long way in making them feel safe and reassured.

3. Conversation

Children’s brains are like sponges, always soaking up information. This can be an issue with negative conversations that you have about your ex in front of your child. We understand that your ex might be someone that you perceive rather negatively. To your child, however, that is their mother or father, and they deserve to have a parent that they are proud of.

We know how hard it might be to find anything positive to say about your ex, but it’s vitally important for the well-being of your child to only speak positively about the other parent in front of them. Psychology statistics often show that children grow up to be generally happier and have higher self-esteem in cases where the parents chose to positively represent each other.

4. Composure

Has your child ever told you that their daddy put them in timeout for something silly or maybe that mommy lets them drink as much soda as they want before bed? For many, our first reaction is to be angry at and condemn our ex. 

Here at Tessmer Law Firm, we would urge you to remain calm. Your child is always watching and listening. Choose this moment to trust that your ex is doing their best for your child, just as you are. We know that it’s hard, but it will help to reinforce a sense of family for your child. This will remind them that, even when separated, you and your ex are both their parents.

5. Coexist

This one is tough; we won’t sugar-coat it. The reality of your situation is less than ideal, and it can often feel overwhelming to work so closely with someone whom you might have a tainted history with. 

Co-parenting is not pleasant, it’s not fun, and it certainly isn’t what you signed up for. You’re entitled to feel angry and sad about the situation, and you should allow yourself to feel those things. However, remember, at the end of the day, your kids need both you and your ex to step up. Be the best partners that you can be, given the circumstances, for their sake. You both love them very much, and they will remember all that you both did to make this transition so much easier for them.

We hope you found these tips valuable and informative. If you have questions about divorce, custody, or any other legal matter, schedule a confidential consultation with one of our attorneys by clicking here or calling us at 210-368-9708.

The post The 5 C’s of Co-Parenting appeared first on Tessmer Law Firm.

With so much focus on the mother after a child is born, a father’s rights during adoption can sometimes get lost in the shuffle. As detailed below, fathers should know that in Texas they also have rights during this process, and they should know exactly what those rights are. Though Texas law recognizes a father’s rights, the father must still assert these rights if he is to benefit from having them at all. Here at Tessmer Law Firm, we want to help fathers understand their rights during the adoption process better.

The Basics

Adoption means terminating the parental rights of both birth parents. As such, in the case of adoption, consent must be received from both parents in order to proceed. This means that the child’s biological father must first be notified of the birth and the mother’s plans for adoption. Notification can be made either personally by service or by publication. Reasonable efforts must be made to locate the father before the adoption can proceed.

If the mother does not know who the biological father of the child is, efforts still must be made to find the identity and whereabouts of the biological father. The Department of Family and Protective Services must show the court that diligent efforts to locate the father were made.

Under Section 161.002 of the Texas Family Code, the rights of an alleged father may be terminated if:

• the child is over one year of age at the time the petition for termination or adoption is filed;
• he has not registered with the paternity registry; and
• if, after exercising due diligence, his identity and location cannot be determined; or
• his identity is known but he cannot be located.

This means that a father who wants a relationship with his child has one year from the child’s birth to sign up with the paternity registry. If a father fails to add his name to the paternity registry, his rights can be terminated after one year if he cannot be found or if his identity is unknown.

How Can I Get Notified of the Biological Mother’s Plans for Adoption?

If you suspect you are the father of the child, the fastest way to make sure you are notified of the mother’s plans for adoption is to add your name to the state paternity registry. 

Texas allows fathers to add their names to the state paternity registry. The Texas Vital Statistics Unit operates the state paternity registry. By adding his name to this list, he declares that he is the father of a child and that he wants to claim his parental rights. He can either register before the child is born or within thirty-one (31) days after the birth of the child.

The paternity registry is used when the biological father and biological mother no longer have a relationship, and the father is not listed on the child’s birth certificate. A father adding his name to the list does not legally establish paternity, and it cannot be used to add the man’s name to the birth certificate. It simply allows the father to be notified, and it puts the biological mother on notice that the father wishes to claim his parental rights.

Again, a father who wants a relationship with his child has only one year from the child’s birth to sign up with the paternity registry. If he does not, his rights can be terminated if he cannot be found or if his identity is unknown.

How Do I Establish Paternity?

In Texas, if you are not a presumed father, you then must be declared a legal father. Texas law recognizes presumptions of paternity. A presumption of paternity means that, in certain circumstances, the law will assume a man is a child’s father.Fathers who qualify as presumed fathers automatically get a parent’s legal rights. Texas law presumes paternity if the parents were married before the child was born and the child was born either during the marriage or less than three-hundred and one days after the marriage ended. 

If the parents were married after the child was born, Texas law presumes paternity if the father: 

• files a document asserting his paternity with the Texas Vital Statistics Unit;
• is named on the child’s birth certificate as the father; or 
• promises in writing to support the child as his own.

If the couple was never married, Texas law presumes paternity where the father continuously lived with the child in the same household during the first two years of the child’s life and represented to others that the child was his own.

If you are not the presumed father, you can ask a court to legally recognize you as the child’s father. To be declared a legal father, you must unequivocally establish that you are the father and when a court determines that a man is the legal father of a child, that ruling establishes paternity. This is typically done via a paternity test. However, if the biological mother agrees that you are the biological father, you can then fill out an Acknowledgement of Paternity, which allows your name to be placed on the birth certificate. Once this occurs, the biological father has the same rights as the biological mother.

What if the father of the child also wants to place the child up for adoption?

As follows, these are the laws for parents who are on the same page regarding placing the baby up for adoption. 

A father can sign an affidavit giving up all rights to his child at any time after the child’s first trimester. However, if a man is the biological father and married to the biological mother, he cannot consent to giving up all rights to his child until forty-eight (48) hours after the child’s birth. 

What if the father of the child does not want to place the child up for adoption?

A birth father may not consent to the adoption. Birth fathers have the same legal rights as birth mothers. As a biological father, you have the right to object to placing the child up for adoption, request a paternity test, and file suit to seek custody of your child. 

Conclusion

If you believe you are the father of a child and would like to know more about your rights as a father and claim those paternal rights, an experienced Family Law attorney can help you protect your rights as a father. We would be more than happy to assist you at Tessmer Law Firm. For more information regarding your parental rights, schedule a confidential consultation with one of our attorneys by clicking here or calling us at 210-368-9708.

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