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Domestic violence in male same-sex relationships

When many Texas residents consider domestic violence, they may think about heterosexual couples. However, domestic violence also affects same-sex couples.

Men in same-sex relationships experience more domestic violence than people may realize. WebMD says that a recent study examined domestic violence among male same-sex relationships. The study examined the relationships of 160 couples. Incidents with emotional or physical abuse took place among 46 percent of these couples. The author of the study said that the rates of sexual or physical abuse among male couples seem to be similar to those seen among heterosexual couples.

How can you modify your custody arrangement?

Texan parents make custody arrangements in order to fit their life situation in that particular moment. However, things won't stay the same forever. Circumstances change, and you may find yourself needing to update your custody arrangement accordingly. But how do you do that?

FindLaw talks about what you need to do if you plan on changing your custody arrangement. The first and easiest option is by agreement. This method is somewhat self-explanatory in that it simply involves you and your ex-partner coming to an agreement on the changes that need to be made. If you agree, you can submit a written petition about the changes you want to make to a judge, who will usually approve.

What are a child's best interests?

As a parent in Texas who is in the middle of a divorce, you have likely heard about the "best interest of your child". Many important decisions are made with this as the guiding principle. But what exactly does it mean?

FindLaw takes a look into what aspects are considered by courts when they're deciding what is in the best interest of a child. Some have to do with your interpersonal relationships. Others have to do with how the child will react to the environment they'll be living in.

Separate for the right reasons

Separation might seem like a good strategy for many Texas couples that are having trouble making their marriages work. Even if you were to consider this alternative to divorce, it would be important that you were doing so for the right reasons. At the law offices of Keith E. Holloway, we I have seen the many well-meaning separations turn out much differently then the participants had in mind.

It is natural to think of separation as a way to cool off — to have another chance at making your marriage work. However, unless you were absolutely sure that your spouse felt the same way, the end result might not be exactly what you expect.

Am I entitled to benefits after divorcing my military spouse?

The thought of being on your own after years of marriage is frightening to many Texans, which is why some people stay in unhappy marriages. It’s not just the prospect of losing companionship that is daunting, especially since many spouses would be happy to leave someone they don’t get along with. Finances can be difficult for the newly single, especially the spouse who earns less. If your spouse is in the military, you might wonder if you are eligible to continue receiving health care and other benefits after your divorce.

According to Livestrong.com, you could be entitled to receive several military benefits after divorcing a servicemember, depending on certain factors. For example, you may be able to receive a portion of your ex’s military retirement benefits if you were married for at least 10 years and your spouse spent 10 or more years in the service. You might similarly be able to continue receiving health coverage through the military if your spouse was enlisted for a certain period of time and you had a lengthy marriage. However, remarrying may negatively affect these benefits, as well as obtaining a job that provides health coverage.

The three classifications of paternity

To many Texas fathers, paternity may seem like a straightforward matter: either you are the father of a child or you are not. However, the establishment of paternity is not so simple in the eyes of the law, and we at the Law Offices of Keith E. Holloway have seen men go to court either to challenge the presumption of paternity or to establish parental rights. Under Texas state law, three classifications of paternity exist: presumed, alleged and acknowledged.

Texas state law presumes that you are a child's father under two specific circumstances. If at the time of the child's birth you and the child's mother are husband and wife, you are the presumed father of her children. If you did not marry the mother until after the birth of the child, the law still presumes you to be the father if you assert that the child is your biological offspring. 

Do same-sex couples need a parenting plan after divorce?

When you and your partner realize it is time to end your marriage, one of the things you need to consider is how you will continue to parent your children in Texas. If you and your partner both want to be involved in your children's lives, it is important to put together a parenting plan to keep things stable for the kids.

When you first sit down to write your parenting plan, it is important to think about the logistics of moving your children from house to house. According to Psychology Today, you typically need to consider how your weekly routine will go and when your children will stay overnight at each house. Your plan also needs to incorporate the work schedules of both you and your partner and the children's school schedules. This will allow you to determine what might be best for your family on a weekly and monthly basis. It is also important to consider how you and your partner will divide your children's time during the holidays and summer vacation.

What are some common issues in military marriages?

When one spouse is in the military in Texas, it can cause some unique situations and problems in the marriage. Such issues are not usually something civilian couples have to deal with. This may make it difficult for others to understand what is happening with your marriage and why you even have problems. However, it helps to know others are in the same boat.

The University of Florida explains some of the common and unique issues found in military marriages that may lead to separation or divorce. To begin with, deployment takes a huge toll on a couple and the family as a whole. It is an up and down of emotions. It can make it hard for couples to stay connected and nurture their marriage. It may make the spouse at home feel isolated and neglected. He or she may even begin to resent the military spouse. In addition, being apart increases the likelihood of infidelity, which brings a whole other set of problems into the marriage.

Sole-custody vs. joint-custody: Which is best?

Going through a divorce involving children can be extremely complicated. Not only is it difficult to come to an agreement with your spouse about property division, child support and alimony, but it can be hard to determine whether you should file for sole-custody or joint-custody of the children. It is important to keep in mind that there are two types of custody, physical and legal. Parents may get sole or joint physical or legal custody. Physical custody determines whether the children will reside with one parent or equally between both parents, while legal custody determines whether one parent or both parents will be responsible for making critical decisions regarding the child’s healthcare, education and religion.

Some studies show that joint-custody may be best for children, as they are able to spend a significant amount of time with both parents. Children who have active mothers and fathers in their routine life are generally better adjusted than those who reside with one parent most of the time. Yet, joint-custody is not ideal in every situation. Children who have an abusive parent or who has parents that live far apart from one another may fair better in a sole-custody arrangement. In this situation, the child would reside with one parent most of the time and the non-custodial parent would have visitation rights.

What factors are considered when setting child support

If you are filing for legal separation, divorce or just considering it, there are many issues that you must negotiate. One of the most difficult may be that of child custody and child support. In most cases, child support is set by the court, and has little to no room for negotiation when it comes to adjusting the amount.

However, a court-appointed judge may consider several factors when setting a child support payment. These include the age and health of the child, as well as any special needs he or she may have. The judge may look at the parent’s ability to contribute to the support of the children, including their employment. It is also important to look at how much time the child spends with each parent. For example, less child support may be issued in a situation where the non-custodial parent spends more time with the child. Other expenses may be added to the child support payment, including the following:

  •          Child care expenses
  •          Medical costs, such as copays and deductibles
  •          Educational expenses
  •          Extracurricular activities
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