The Harris Law Firm Fort Worth Family Law Attorney | The Harris Law Firm 2026-11-10T15:12:38Z https://www.harrislawtx.com/feed/atom/ WordPress On Behalf of The Harris Law Firm <![CDATA[What if a biological parent refuses stepparent adoption?]]> https://www.harrislawtx.com/?p=50057 2026-10-23T05:51:56Z 2026-10-23T05:51:56Z When can a court end parental rights? Texas courts may terminate parental rights without consent when the case meets specific legal grounds. A judge must find clear and convincing evidence of at least one statutory ground and determine that termination serves the child's best interest. Possible grounds include abandoning a child, failing to provide support within the parent's ability or engaging in conduct that endangers the child's physical or emotional well-being. Each case depends on its facts and the evidence presented. A parent's absence alone does not automatically justify termination. For example, Texas law includes a ground based on failing to support a child in accordance with the parent's ability during a one-year period ending within six months before the termination petition is filed. The court must assess the statutory requirements and the evidence in the case.

What evidence can support a case?

Families should gather records that help explain the parent's involvement and conduct. Useful evidence may include:
  • Messages, emails and records of attempted contact
  • Child support payment histories and other financial records
  • Witness statements about the parent's involvement
  • Relevant court records or evidence of conduct that endangered the child
The court reviews the evidence and gives the parent an opportunity to respond through the legal process. No single record guarantees termination.

How does the child's best interest affect the decision?

Proving a legal ground is only part of the case. The judge must also decide whether ending the parent-child relationship serves the child's best interest. The child's needs, home stability and existing family relationships may all matter. A close bond with the stepparent may support the request, but it does not guarantee approval. The court must consider the full circumstances.

What should families do next?

A Texas family law attorney can review the facts, explain possible grounds for termination and help prepare the required court filings. Families should understand the legal requirements before starting the adoption process.]]> On Behalf of The Harris Law Firm <![CDATA[How unvested stock options are divided in a divorce]]> https://www.harrislawtx.com/?p=50045 2026-09-28T19:29:37Z 2026-09-28T19:29:37Z When do unvested options count as community property? Texas courts often treat stock options as a form of compensation tied to employment. If an employer granted the options during the marriage, at least part of the award may count as community property even if vesting happens later. That analysis depends on the grant date, the vesting schedule and the reason the employer awarded the options. A court may need to separate the portion tied to work performed during the marriage from the portion tied to later service.

Texas courts often use a time-based formula

When the options span both the marriage and the period after separation, courts often use a time-based approach to identify the community portion. The exact formula can vary with the facts and the structure of the award. Texas decisions on dividing stock-based compensation help show why the grant paperwork and service period matter more than the vesting date alone.

What records usually matter most?

A fair division often depends on the records tied to the award. Important documents may include:
  • Stock option grant agreements
  • Vesting schedules
  • Employment contracts
  • Grant letters or equity award documents
The details in these records often determine whether the award reflects past work, future work or both.

The grant documents can shape the settlement

Unvested stock options can be easy to undervalue because they do not create immediate cash in hand. Equity compensation also raises many of the same property division questions that come up with business interests and retirement accounts. That same document review can become part of broader property division disputes when the stock award is only one piece of a larger community estate. A divorce attorney can review the grant terms, vesting schedule and timing of the award to assess how much of the option package may belong in the community estate.]]> On Behalf of The Harris Law Firm <![CDATA[What happens during a foster care adoption home study in Texas?]]> https://www.harrislawtx.com/?p=50034 2026-09-23T14:54:58Z 2026-09-23T14:54:58Z What happens before the home study? Before the assessment, you complete required training. The home study also requires information about your household, including employment, income, health and family circumstances. The assessment includes criminal history and background checks for abuse or neglect. These steps give the caseworker the information needed to evaluate your family's situation.

What happens during the home study?

The caseworker visits your home and interviews household members about family relationships, parenting, discipline and your reasons for adopting. The home assessment can cover sleeping arrangements, space, medications, firearms and other safety concerns. Texas DFPS Guidelines for Foster and Adoptive Home Studies outline these requirements. For foster care adoption, the assessment also considers your expectations of children in foster care and your ability to respond to abuse, neglect, separation and loss. DFPS also considers your ability to support ties with a child's birth family and siblings. DFPS reviews your financial circumstances, including income and expenses.

What happens after the home study?

DFPS informs you whether your home was approved and explains the reasons for the decision. Approval does not mean a specific child will be placed with your family.

How can you prepare for the home study?

Gather requested records and make sure household members understand the process. Be ready to discuss your family's situation honestly. The process gives the caseworker an accurate picture of your home and your ability to provide proper care.]]> On Behalf of The Harris Law Firm <![CDATA[Can you get a divorce in Texas without going to court?]]> https://www.harrislawtx.com/?p=50032 2026-09-10T13:02:32Z 2026-09-10T13:02:32Z What an uncontested divorce actually means An uncontested divorce means both spouses have reached a full agreement on every issue involved in ending the marriage. This includes how property and debts will be divided, whether either spouse will receive spousal maintenance, and if children are involved, custody and parenting arrangements. If even one issue remains unresolved, a judge will need to step in to decide it. When it works, an uncontested divorce tends to move faster, cost less and carry less emotional strain than a disputed case.

What Texas law requires before a divorce can be finalized

Even in the most cooperative divorce, Texas law sets requirements that apply to everyone:
  • At least one spouse must have lived in Texas for six months and in the filing county for at least 90 days
  • A mandatory 60-day waiting period applies from the date of filing
  • A judge must review and approve the Final Decree of Divorce
That last step is a prove-up hearing. Many Texas courts now handle this through a sworn written statement or a brief Zoom session, so neither spouse has to appear in person. Most uncontested divorces finalize between 61 and 90 days after filing.

When an out-of-court divorce works and when it does not

An uncontested divorce works well when both spouses are genuinely willing to cooperate and have a clear picture of what each person is walking away with. It becomes more complicated when one spouse changes their position after the process has started, when the finances are more complex than they first appeared, or when one party feels pressured into agreeing to terms that do not reflect their interests. A decree with mistakes or gaps can create problems that are difficult and expensive to fix later.

How to set yourself up for a smoother process

The more clearly both spouses know what to resolve before filing, the smoother things tend to go. That includes taking stock of all assets and debts and understanding what Texas community property rules mean for your situation. Even in an uncontested divorce, having a family law attorney review your Final Decree before it goes to the court can help you catch any issues before the judge approves and finalizes it, and make sure it reflects exactly what you and your spouse agreed to.  

]]> On Behalf of The Harris Law Firm <![CDATA[Enforcing possession schedules in Texas custody disputes]]> https://www.harrislawtx.com/?p=50031 2026-09-04T08:59:04Z 2026-09-04T08:59:04Z The order must be specific enough to enforce A judge cannot enforce a vague parenting schedule. The order needs exact dates, times and exchange terms so the court can compare what the order required with what the other parent actually did. If the wording is too general, a motion to enforce becomes harder. Texas rules for enforcing possession orders make it clear that the court must be able to match the written order to the violation being alleged.

Documented evidence can support an enforcement case

A parent who asks for enforcement usually needs documented evidence, not just a general sense that the other parent is not cooperating. The court often looks for details showing what the order required, what happened instead and when each violation occurred. Useful documentation may include:
  • The signed possession order
  • Messages or emails about missed exchanges
  • Calendars or logs showing denied visits or missed exchanges
  • Witness statements
  • Notes about pickup locations, times and failed drop-offs
The court may deny relief if the parent does not document the violations well.

Organized records can help the court order a remedy

A motion to enforce may lead to make-up possession, fines or other remedies allowed by Texas law. Well-documented evidence of violations often shapes custody enforcement disputes before the court decides what remedy to order. A family law attorney can organize the evidence, match it to the order’s language and request the specific relief – including make-up possession, fines or both – that the documented violations support.]]> On Behalf of The Harris Law Firm <![CDATA[Who gets the car when you divorce in Texas?]]> https://www.harrislawtx.com/?p=50021 2026-08-24T19:39:59Z 2026-08-24T19:39:59Z How Texas classifies vehicle ownership Separate property includes vehicles owned before marriage or received as a gift or through inheritance. However, if community funds or a spouse's labor were used to pay off, repair or improve the car during the marriage, the other spouse may pursue a valid claim for financial reimbursement. Establishing separate property status requires meeting a high legal standard of proof by presenting clear and convincing evidence, such as financial tracing records or original title deeds. You must show the vehicle was yours before the wedding date or came from a source outside the marital estate. Without solid proof, the court generally treats the car as community property subject to division.

What factors influence vehicle division

Courts consider practical needs when dividing automobiles during a divorce. Texas law requires the court to divide marital property in a manner it finds fair and equitable, taking into account the rights of both spouses and any children involved in the marriage. Custody arrangements, earning capacity and financial standing all influence this decision. The court also checks each person's ability to maintain the car, including insurance costs and loan payments. Equity in the vehicle matters as well. If you keep a car with significant value, your spouse may receive offsetting assets to balance the overall division. Courts aim for a fair split, though equal does not mean identical.

Understanding your options

Texas courts and parties generally rely on two primary routes. One spouse may be awarded the car outright and pay the other their share of its equity. Both parties may agree to sell the vehicle and divide the proceeds. Temporary orders may allow shared use of the vehicle during the case, but final divorce decrees almost always award sole ownership to one spouse. Vehicle division depends on your unique situation, including when you bought the car and how you use it daily. Getting legal guidance can help clarify available options and protect your interests throughout the process.]]> by The Harris Law Firm <![CDATA[Can adoption proceed without finding the biological father?]]> https://www.harrislawtx.com/?p=50016 2026-08-10T11:14:52Z 2026-08-10T09:39:19Z What happens when a biological father cannot be located? If the court determines that a diligent search has been conducted and the father still cannot be located, it may authorize service by publication. This process places a legal notice in a local newspaper where the father was last known to live. The notice gives him one final chance to respond before the court moves forward. If the father does not respond, the court may consider terminating his parental rights if the petitioner proves the applicable statutory grounds and all legal requirements are satisfied. After the court ends those rights, the adoption may continue. The court reviews the facts of each case and considers the child's best interests before making a decision. Seeking legal guidance early can help families meet court requirements, document each step and avoid delays during the adoption process.

Steps to take before an adoption can move forward

Texas courts protect a biological father’s parental rights, even when his location is unknown. Before an adoption process can move forward, the court usually requires proof that a diligent search was made to find and notify him. A simple statement that the father cannot be located is not enough. The court needs clear records showing that reasonable efforts were made. A diligent search may include:
  • Contacting known people: Reaching out to the father’s relatives, friends, former employers and other known contacts who may have information about his current location.
  • Checking available records: Searching public records, jail records, social media accounts and vital records databases for possible information about the father.
  • Making contact attempts: Calling known phone numbers and sending notices to past addresses linked to the father while keeping records of each attempt.
The court reviews all documented search efforts before deciding whether the adoption can proceed. Keeping complete records helps show that every reasonable step was taken to locate the missing father.

Moving forward with the adoption

Families must meet court requirements, document every search effort and resolve parental rights before the adoption can move forward. Even a minor mistake can delay the process. An experienced attorney can help families complete each step correctly, prepare the required filings and present the evidence the court needs. Early legal guidance can help avoid delays and bring families closer to finalizing a stable, permanent placement for the child.]]> On Behalf of The Harris Law Firm <![CDATA[How is a gray divorce different?]]> https://www.harrislawtx.com/?p=50015 2026-07-23T18:17:02Z 2026-07-23T18:17:02Z One thing that researchers have found over recent decades is that the gray divorce rate continues to go up. Younger couples have a falling divorce rate, in part because cohabitation is more common than it used to be. But older couples have a rising divorce rate, such as those over 65, who have seen their divorce rate triple since the 1990s. Because gray divorce is on the rise, these couples must understand what can be different about these divorce cases and some of the legal complexities they may face.

Retirement plans

One key area to consider is how to divide retirement savings and related assets. Couples who are getting divorced in their 60s may be very close to retirement age, so there is no time to plan independently after the divorce. Fortunately, there are ways to divide these assets. For instance, if one spouse has been earning retirement benefits that both were planning to use, those benefits can be split up with a qualified domestic relations order.

Significant financial assets

Furthermore, couples in this age bracket often have a higher net worth than younger couples, so they have many financial assets to divide. They may have been saving for decades, and they could have investments that are worth millions. This type of property division can become far more complex and even contentious than it would be for a younger couple who has far less to their name. They also have to look at tangible assets that they own jointly. A couple may have purchased a home 30 years ago that is now entirely paid off, and its value may have tripled since they bought it. If their house is now worth over $1 million, deciding exactly how to address it as a shared asset can be complicated. This is especially true if either spouse wants to stay in the home. The simplest way to divide real estate is to sell it and split the revenue, but older couples may want to stay in the home they have lived in for decades, meaning they have to consider other options. While gray divorce can be complex, there are ways to address all of these legal issues, and an experienced divorce attorney can help provide the necessary guidance at this time.  ]]> On Behalf of The Harris Law Firm <![CDATA[Moving may require a custody modification for co-parents]]> https://www.harrislawtx.com/?p=50014 2026-07-17T11:40:59Z 2026-07-17T11:40:59Z modification of that order may be required. Parents should never just take the children and move, violating the court order and their ex's parental rights.

Will the court approve a modification?

If you are hoping to relocate with your child, in general, courts will work with you to appropriately modify the arrangement. But they may ask you for good-faith reasons for the move and the requested modification, just to make sure that you are not doing it only to keep your former spouse from seeing their children. There are many potential reasons why the relocation could be beneficial, both for you and your child. Examples include taking a new job that will increase your standard of living, looking for a more affordable housing situation or even going back to school to further your education. In many cases, divorced parents want to move closer to extended family members to help care for their children. No matter what your specific reasons are, the key is always to focus on taking the proper legal steps to obtain the modification in advance. Make sure you understand exactly what legal requirements you face to ensure that this process goes smoothly. Seeking legal guidance can help.]]> On Behalf of The Harris Law Firm <![CDATA[What is the “best interest of the child?”]]> https://www.harrislawtx.com/?p=50012 2026-07-06T16:15:40Z 2026-07-06T16:15:40Z Some parents are surprised to learn during the custody portion of their divorce battles that what is considered to be in the best interest of the kids is not necessarily the outcome they hoped for. That’s OK, as the Texas family law system is designed to protect the children and allow them to live their best lives regardless of their parents’ marital decisions. Read on to learn more about how to provide the best home possible for your children.

Make sure you are present as a parent

That can mean different things to families, but basically it’s defined by showing up for your kids when they need you and sharing their lives with them. Make sure your parenting time with them is driven by real interaction and not just individual screen time. Simply being a present parent in your child’s life goes a long way toward establishing the boundaries they need to grow and thrive.

Meet all your children’s needs

Not all parents have whole summers off to spend with their children. If you have to work during your custody time with the kids, make sure that you have lined up impeccable child care for those periods. Whether that might include child care professionals or extended family members, the person in charge of your children should be qualified and up to the job.

Track expenses

Good child care is rarely cheap, so make sure to provide the court with proof of payment for daycare services rendered during your custody time. Being able to show that you have sufficient child care options can help persuade the courts that the kids are indeed safe and well-cared for during your designated time with them.

Heed your legal team’s guidance

Don’t play short shrift with the advice provided to you by professionals. Whether it’s your legal team or the children’s therapist, carefully consider their words of wisdom to you now. Learning more about how Texas custody laws work is always prudent.]]>