Kerr, Hendershot & Cannon, P.C.

Family Law – Houston TX Attorneys 713-893-1668 At Kerr, Hendershot & Cannon, P.C. in Houston, TX we handle various family law matters, including but not limited to divorce, child support, child custody, modifications, enforcement, paternity, and adoptions.

Galveston Family Law Blog

Texas court will collect payments from the poor

A court in Texas recently decreed that it was within the law for the court system to ask for fees and payments from any people who use the justice system, even if they live below the poverty line or do not have the funds to pay. This is a practice that had been going on for some time, but a court recently put a stop to it, saying the poor residents did not have to pay, noting that payments would therefore bar them from being able to use the system as intended. However, another ruling has now overturned this first one, and the collections will resume.

The issue revolved in part around a few low-income families that filed for divorce. In both cases, the paperwork said that fees were going to be collected, either from the husband or the wife, but each party thought that they were excused from those fees because of their income levels.

Texas divorcing parents should keep children's needs in focus

Most of our Texas readers probably know someone who has had a nasty and vicious divorce. Unfortunately, while everyone knows -- even those in the midst of the turmoil -- that parents should put their children's best interests ahead of everything else, this doesn't always happen. Parents who are battling their own anger and resentment are often more interested in making sure their ex doesn't get their way than focusing on what is really best for their offspring.

According to a New York child psychiatrist and author, Dr. Elizabeth Berger, children take the protection, commitment and love they receive from their parents for granted. They are totally reliant on them. When the parents are no longer acting in agreement with one another, it can be a shock to a child's security. They may experience fear and anger as well as sadness.

Incapacitated man's parents, wife battle over life support

What happens when tragedy strikes during divorce? Who makes difficult decisions about a soon-to-be former spouse's life? Who controls the spouse's finances? That was the situation facing the parents and estranged wife of a Texas man who became incapacitated during divorce when his parents and ex-wife disagreed about decisions regarding his medical care.

The man, a former staff sergeant in the Army, collapsed during a conversation with his roommate. His roommate, a former Army EMT, provided immediate care until he was transported to a hospital. The man's attorneys believe he had a heart attack.

Man who left polygamous sect is awarded custody of children

A man who left a fundamentalist religious group that practices polygamy has been awarded custody of children who remained with two ex-wives who are still in the group. The Fundamentalist Church of Jesus Christ of Latter-Day Saints received notoriety when leader Warren Jeffs was convicted of child sex abuse and imprisoned in Texas.

The father in this case was kicked out of the polygamous sect in 2011. One wife also left; two ex-wives are still members of the sect. The man then sued for sole custody of the children. He argued that the children could be forced into child labor, sexually abused or forced to leave the church if they remained with their mothers.

Infidelity clauses: A new trend in prenuptial agreements?

Prenuptial agreements are widely recognized as a way people entering a marriage to protect their businesses, investments and other assets. These agreements, also called premarital agreements, can be written to include more than simply protecting assets from division in divorce. Some prenuptial agreements also include lifestyle clauses that address issues such house work and vacations, notes a recent article in Forbes.

Recently, a new trend in lifestyle clauses has developed to deal with infidelity in the marriage. An infidelity clause provides for a penalty clause if one of the spouses in a marriage cheats. Jessica Biel is rumored to have a clause that would give her at least $500,000 if her husband, Justin Timberlake, is unfaithful. Catherine Zeta-Jones was another celebrity rumored to have an infidelity clause.

Managing children’s use of technology with shared custody

Co-parenting is a basic fact of life after many divorces with children, especially when parents share custody of their children. For parents in Galveston and elsewhere, creating consistent rules for kids can be challenging, especially when it comes to how children are allowed to use technology. Technology is already a thorny issue for many parents who want to place reasonable limits on their children’s technology use, and it can become even more challenging when children live in separate households. But it is possible for parents to successfully manage this issue after divorce.

Your children may find it easier to adjust if you and your ex are at creating consistent standards for the management of technology with your ex. But when this is not possible, you can still help your children understand and follow the rules you set. A child psychologist recently offered tips to Huffington Post readers for managing co-parenting and technology.

How information you post online can affect your divorce, pt. 2

In the last post, we touched on how social media creates a permanent record of statements that could affect your divorce or other family law case. In this post, we will touch on other activity that can affect a divorce or family law case. These days, people submit so much information in divorce or other family law cases, making it important to provide accurate information in your divorce proceedings.

Financial documents, for example, contain a wealth of information. Credit card statements, bank loans, applications for cars or mortgages and other financial statements are all accessible – and they make information traceable. That means that credit card or bank loan applications that list inflated incomes could potentially be used in a divorce proceeding.

How information you post online can affect your divorce, pt. 1

If you are like many people, using social media comes as naturally as talking and breathing. If your child scores a winning goal in a soccer game, you might post a Facebook update. Perhaps you check-in online when you go to a movie or go to the gym. You might tweet about your life. Social media posts are a quick and easy way to share exciting news and sometimes, to vent. But if you are involved in a divorce or another family law matter, social media is the last place you should post.

Posts on Facebook, Twitter, Instagram and other social media can all damage or disrupt your legal case. If you post something negative about your spouse on social media, your spouse may be able to bring a copy of the post to court, notes an article in Huffington Post. Blocking your ex from seeing your accounts may not protect you. Your spouse may create a fake account or use a friend’s account to see your page. Other people may take screenshots of your posts and share with your spouse.


Can math determine a good custody plan?

Determining where a child will live and which parent will make decisions about children’s upbringing can be one of the most difficult parts of divorce. Creating a custody and visitation agreement that is in the best interests of the child and also works for the parents can be challenging. How challenging? A physicist, after struggling to create an acceptable custody arrangement for his children, tried to use a scientific process to create the most satisfying agreement.

His custody arrangements were already complicated. The man, who lives in Chile, has children with two former wives, and his girlfriend also has children. He wanted to find a weekend when he and his girlfriend could see all of their children at once.

Husband's bigamy means second wife cannot receive retirement assets

Often, retirement accounts make up the biggest portion of property that is divided during divorce. Workers save for decades to create financial security in their retirement years, and both spouses may be entitled to a share of the retirement accounts in the event of a divorce. Division of these assets can be complex.

Asset division can be more complicated for a person who has more than one former spouse - or, in one recent Texas case, when someone finds out that his or her spouse is legally married to someone else. A man is charged with bigamy for marrying a woman in Texas while he was still legally married to a woman in another state.

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Kerr, Hendershot & Cannon, P.C.
1800 Bering Drive, Suite 600
Houston, TX 77057
Phone: 713-893-1668
Toll Free: 866-398-1856
Fax: 713-783-2809

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League City, TX 77573
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