At Gardner & Smith, PLLC, we know how difficult it can be to find answers to your questions online that address your individual situation. Laws vary state by state, and you may find contradicting information online that leaves you more confused than when you started your research. We want to make the search for answers as easy as possible. Our team at Gardner & Smith, PLLC, is dedicated to providing honest advice so that you can prepare to win. Here are some common questions we receive from clients, and what you can do to protect you and your family.

My Child's Other Parent Is Violating The Visitation/Custody Order. What Should I Do?

There are various ways a parent can violate a visitation or child custody order. They may not pick your child up at the correct time, keep them for longer than permitted or try to talk to your kid outside of visitation appointments. If they do not comply with the order, you can ask the police to step in. If your child is in danger, you may also file a temporary restraining order.

If your child is at risk or there are repeat violations, you should get an attorney involved right away. As your lawyer, we can file a motion to enforce and gather evidence to show a pattern of visitation denials. This evidence may include witness testimony, a police report, or other items that can be used to show you arrived at the correct date and time for visitation. We will present this evidence at a contempt proceeding and request that the court enforce the order.

Is My Ex-Spouse Entitled To Receive A Portion Of My Retirement Assets?

It depends. In Texas, any assets or debts you and your spouse acquired prior to a marriage are separate property, and any assets or debts acquired during your marriage are marital property. In many cases, retirement account contributions made during a marriage are marital property, but this depends on the type of retirement. You may be able to negotiate with your spouse regarding the division of retirement assets. For example, you may choose to forfeit your retirement assets in exchange for something else of value or withdrawing funds to avoid a tax penalty. A skilled lawyer can evaluate the value of your retirement benefits and inform you of the best way to divide your estate.

Do I Have Visitation Rights As A Grandparent?

If you are being denied access to your grandchild, you may be able to petition the court for visitation or custody. A judge will decide if maintaining a relationship with your grandchild is in the child's best interests. One of the following must be true for you to be granted visitation or custody:

  • The child's parents are divorced.
  • The child's parents have abused or neglected them.
  • The child's parent is incarcerated, incompetent or no longer living.
  • The child-parent relationship was terminated by the court.
  • The child has lived with you for six months or more.

As your lawyers, we can fight for your rights as a grandparent and help keep you in their life. It can be difficult to obtain these rights if you go before a judge on your own. Hiring legal assistance can increase the odds of obtaining a favorable ruling.

My Fiancé And I Aren't Wealthy. Why Do We Need A Prenuptial Agreement?

One of the most common misconceptions we hear from soon-to-be spouses is that they do not have enough assets to warrant signing a premarital contract. However, every couple who plans to wed can benefit from signing a prenup. Do you have significant student loan debt? Did you buy a home prior to your wedding day?

Without a prenuptial agreement, you may be required to repay the community estate any funds used to repay your student loans. Also, you may want to clarify whether the community estate or one of your separate estates will be responsible for paying the mortgage on a home purchased prior to marriage. Those are just two of the many ways that a premarital agreement can clearly define rights and responsibilities during a marriage We can work with you to explain the benefits of a prenuptial agreement and create one that is suited to your particular needs.

We Have The Answers. Make The Call And Ask Your Questions Today.

Every family's situation is unique, and there are no one-size-fits-all answers. Receive guidance from a lawyer who will take the time to learn about you and your family by calling 817-369-8463 or sending us a message. We hold consultations at our office in Fort Worth and are available by phone 24 hours a day, seven days a week.