Terry L. Hart, Attorney at LawHouston Family Law Attorney | Divorce & Child Custody Lawyer2026-07-23T19:00:15Zhttps://www.terryhartlaw.com/feed/atom/WordPressOn Behalf of Terry L. Hart, Attorney at Law<![CDATA[Which co-parent makes medical decisions for a child?]]>https://www.terryhartlaw.com/?p=476652026-07-23T19:00:15Z2026-07-23T19:00:15ZThe co-parent who makes medical decisions for a child is typically the one who has legal custody rights. In many cases, parents will have shared legal custody rights, meaning they have to work together to make these important decisions. But if one parent has sole legal custody rights, then they do have the individual power to make decisions on their own.For instance, perhaps you have a young child who needs to go to the pediatrician. The doctor recommends certain shots or vaccines as the child gets older. If you have legal custody rights, you can decide which ones to authorize or if there are any you would rather avoid.
Is this different from physical custody?
Yes, it is important to note that physical and legal custody rights are not always divided the same way.For instance, both parents may be granted physical custody rights. The child will live with each of them at specific times, and they set up a schedule to make custody exchanges.But, simultaneously, the court could decide to give just one parent the legal custody rights they need to make decisions about healthcare, education, religion, finances and much more. The other parent would not have the ability to make these decisions on their own, even if the child was living with them. They may be able to authorize medical care in an emergency, but routine medical decisions would have to be made by the parent who was granted that authority by the court.Naturally, these crucial decisions can sometimes lead to conflict between co-parents, who need to be well aware of their legal rights and the options they have.
]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[Must business owners split their companies 50/50 during divorce?]]>https://www.terryhartlaw.com/?p=476622026-07-11T12:56:24Z2026-07-11T12:56:24ZAn even split of all assets isn't mandatory
The Texas community property statute imposes a presumption that an even split of the marital estate is a fair property division arrangement. However, spouses can present evidence to the courts challenging that presumption and showing that a more imbalanced distribution of property is the best and fairest solution.
Spouses can also either negotiate arrangements with one another or present evidence to a judge to pursue an order that allows for sole ownership of the business after the divorce. Typically, the business owner may need to make concessions, such as offsetting the value of the company with investments, home equity or even marital debts.
Those facing a complex property division process typically need legal guidance and assistance when strategizing for the best possible outcome. Working with a Texas divorce lawyer as soon as possible during divorce can be beneficial for those with valuable marital property, such as businesses and professional practices accordingly.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[Divorce rates tend to rise in late summer]]>https://www.terryhartlaw.com/?p=476612026-07-01T09:42:24Z2026-07-01T09:42:24ZDivorce rates tend to spike at certain times. Some reports point to an initial spike early in the year, such as in January and moving into the spring, and then another spike in the late summer months. These divorces could take place prior to the start of a new school year or even in the late summer and early fall, after the children have returned to school.So, while divorce rates may be relatively low right now, in June, there is a chance that they could rise significantly in the next few months. Why does this happen?
Common life events
Often, the issue is that people are just avoiding events in their lives that would make divorce harder. The reason why divorce tends to spike in January, for instance, is that people are hesitant to file for divorce around Thanksgiving or Christmas. They wait until the holidays are over.The same sort of thing can happen in the summer. Life gets a bit more chaotic when the kids get out of school. Many families take summer vacations or road trips. They spend time seeing family members.But as the summer winds down, couples find themselves looking toward the new school year and considering what their future is going to look like. At this point, parents who are unhappy may decide that it is finally time to go through with a divorce. It can also make it easier to split up child custody, especially when both parents have to work, because the kids will initially be in school once it starts back up in the fall.
Your divorce options
Do you believe that you and your spouse may get divorced in the coming months? It is important to consider property division, child custody rights and much more, so be sure you know what legal options you have.
]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[What happens if your co-parent violates a custody order?]]>https://www.terryhartlaw.com/?p=476602026-06-30T16:19:34Z2026-06-30T16:19:34ZDocument every violation
Keeping detailed records can make it easier to show what has been happening if the problem continues. Save text messages, emails and other written communication. It also helps to keep a log of missed exchanges, denied parenting time or other incidents, including the dates and what occurred.
The more organized your records are, the easier it may be to explain the situation if you need to take further legal action.
Follow the custody order yourself
It is understandable to feel frustrated when your co-parent ignores the custody order. Even so, withholding parenting time or making your own schedule changes could create additional problems.
A custody order remains legally binding until a court changes it, so you should continue following its terms even if your co-parent does not. Texas law also allows you to ask the court to enforce a temporary or final order. By following the order yourself, you can help protect your position while addressing the issue through the proper legal process.
Ask the court to enforce the order
If the violations continue, you can ask the court to enforce the custody order. A judge can review the evidence and determine whether the order has been violated. Depending on the circumstances, they may take steps to encourage compliance or address repeated violations.
Seeking enforcement through the court can provide a structured way to resolve the issue instead of allowing the conflict to continue.
Protect your parenting rights
Taking action sooner can help prevent custody issues from becoming even more difficult to resolve. If your co-parent continues to ignore the order, seek legal assistance to understand your options for enforcing it and protecting your time with your child.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[Will divorce reduce your net worth?]]>https://www.terryhartlaw.com/?p=476592026-06-21T03:04:36Z2026-06-21T03:04:36Zmarital property and debt, unless you have a prenuptial or postnuptial agreement that says otherwise.
Rushed decisions can be costly
Serious financial setbacks often follow decisions made in the heat of the moment rather than with clear reasoning. It’s a common pitfall among many people going through divorce. Selling a home below market value to just get it over with, cashing out a 401(k) early and taking the penalty or walking away from a business valuation fight because you're emotionally exhausted.
These choices feel like relief in the moment, but they can alter your financial position for years to come. Rash moves that seem convenient in the moment can translate into permanent erosion of long-term wealth, especially when high-value assets are involved.
Safeguard your financial future
Your net worth won’t remain the same after divorce. That part is largely out of your control. What is in your control is how strategically you protect what you’ve built before the divorce is final, whether through negotiation tactics or legal strategies focused on limiting the financial downside. It’s a conversation worth having early in the divorce process, before you do anything that could undermine your position.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[Are you and your co-parent fighting about screen time?]]>https://www.terryhartlaw.com/?p=476572026-06-04T18:01:47Z2026-06-04T18:01:47ZSummer vacation is supposed to be fun, but for many co-parents, it also inspires a familiar disagreement: screen time. When school is out and routines become more flexible, children often spend more time on tablets, phones, gaming systems and streaming services. It may not take long before one parent believes the child is spending too much time on screens while the other thinks the concern is being exaggerated.
Screen time disputes are common because co-parents often have different parenting styles. One household may strictly limit electronics and encourage outdoor activities, while the other allows more freedom during summer break. Children may quickly notice these differences and sometimes use them to their advantage.The problem is not necessarily that parents have different rules. In most custody arrangements, each parent has considerable discretion regarding day-to-day decisions while their child is in their care. Conflict usually arises when one parent believes the other’s approach is negatively affecting the child’s health, behavior, sleep schedule or academic readiness for the upcoming school year.For example, a parent may become frustrated if a child returns from the other household exhausted from late-night gaming sessions. Another may be concerned that excessive social media use is contributing to anxiety or behavioral issues. Others may argue about age-appropriate content, online safety or whether children should have unrestricted access to devices.
What can be done?
Rather than turning every screen-time disagreement into a legal battle, co-parents should first focus on communication. Discussing expectations before summer begins can often prevent misunderstandings later. Some parents find success by agreeing on broad guidelines, such as limiting devices during meals, establishing bedtime rules or requiring outdoor activity before recreational screen use.Consistency can also benefit children. While identical household rules are not always realistic, children generally adapt better when parents share similar expectations regarding technology use.In high-conflict situations, parenting plans may sometimes address technology-related concerns. Older agreements often do not mention smartphones, social media or gaming because those issues were less common when the orders were drafted. If technology disputes repeatedly create conflict, modifying a parenting plan to include clearer guidelines may be worth considering.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[Tips for clear communication when co-parenting]]>https://www.terryhartlaw.com/?p=476552026-05-22T16:10:38Z2026-05-22T16:10:38ZCommunicating with an ex probably isn’t something that you’re looking forward to, but if you share children with your ex, communication is a priority. Finding ways to keep these conversations productive and calm can be challenging.
When you’re speaking to your ex, keep the focus on the children. Allowing the conversation to veer into the issues that caused the split or anything other than the children will likely lead to heated and unproductive conversations.
Set clear boundaries
Communication with your ex will require that boundaries be set. This should include the primary method of communication, which might be phone calls, text messages, emails, messages through a parenting app or any other option that’s mutually agreeable. Boundaries about the times for non-emergency communication should also be set. The expectation for how long response times should be is another decision you and your ex have to make. As you do this, remember that those boundaries don’t apply when the communication is an emergency.
Plan for compromise and disagreements
The parenting relationship will be easier for everyone if you and your ex can compromise with each other. These decisions must be based on what’s best for the children, but that doesn’t mean that there won’t be disagreements. When a disagreement occurs, you and your ex should try to remain calm and talk through the issue. If that’s not immediately possible, it may be necessary to take a break to calm down and consider the options before readdressing the matter. Ultimately, communication sets the stage for the entire parenting relationship. When parents can communicate with each other, the children will reap the benefits. Having all the plans for co-parenting, including communication, put into the parenting plan helps to ensure both parents are aware of how things should work. ]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[Avoiding 401(k) penalties during a Texas divorce]]>https://www.terryhartlaw.com/?p=476522026-05-06T23:31:09Z2026-05-06T23:31:09ZWhat penalties may apply?
Any withdrawal from a tax-deferred retirement savings account increases an individual’s taxable income for the year. They must report those funds as income, which can potentially push them into a higher tax bracket.
Additionally, withdrawals trigger a penalty. In addition to the amount withdrawn, the account holder loses another 10% of that amount as a penalty for removing funds from the account before reaching retirement age.
Thankfully, there are systems in place to facilitate penalty-free account divisions during a divorce. Those with tax-deferred retirement accounts can have an attorney draft a qualified domestic relations order (QDRO).
This document allows for the penalty-free division of one retirement savings account into two separate accounts in the names of each of the spouses. People can also potentially negotiate arrangements in which they address the value of a 401(k) without actually splitting the account during their property division settlements.
Working with an experienced divorce attorney to draft a QDRO can help people reduce the secondary financial consequences of a divorce. People who follow the right procedures can protect their retirement savings accounts from penalties and avoid income tax obligations triggered by splitting marital resources.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[7 types of income courts consider in a spousal maintenance order]]>https://www.terryhartlaw.com/?p=476502026-05-06T14:16:53Z2026-05-06T14:16:53ZWhen going through a divorce, your salary is just one piece of a much larger financial picture. This is why Texas courts often look beyond your paycheck when setting a spousal maintenance order. Hence, knowing what counts as income gives you a clearer view of the process and helps you stay prepared.
What is spousal maintenance in Texas?
Spousal maintenance is the financial support one spouse pays to the other after a divorce. In Texas, courts award it only under specific circumstances, such as a long-term marriage or a spouse's inability to meet basic financial needs. Additionally, the paying spouse's monthly obligation cannot exceed $5,000 or 20% of their average gross monthly income, whichever is less. Courts also set time limits based on the length of the marriage. Thus, understanding these guidelines gives you a realistic picture of what to expect throughout the process.
Seven types of income courts take into account
Now that you understand how Texas courts determine spousal maintenance, it helps to know exactly what income sources they evaluate. Courts look at far more than just your base salary when reviewing both spouses' finances. Here are the seven types of income Texas courts consider:
Employment income: This includes your regular salary, hourly wages and any commissions you earn from your job.
Self-employment and business income: If you own a business or work as an independent contractor, courts will look at your net profits or draws.
Investment and interest income: Dividends from stocks and interest earned on savings accounts or securities all count toward your income.
Retirement and pension payments: Courts also factor regular distributions from retirement accounts, pensions or annuities into the calculation.
Government benefits: Courts also include taxable Social Security benefits, disability payments and unemployment compensation.
Rental income: Courts consider any money you earn from renting out properties or land as part of your overall income.
Bonuses and overtime: Performance-based pay such as annual bonuses and overtime earnings also factor into the court's assessment.
As you can see, Texas courts take a comprehensive look at your financial picture. This is why understanding each of these sources puts you in a better position to protect what you have earned.
Protect the income you’ve worked hard to earn
Knowing which income sources courts consider is the first step toward feeling confident in the process. A spousal maintenance order does not have to catch you off guard. The more informed you are about how courts evaluate your finances, the better equipped you are to make smart decisions for your future. Therefore, taking time to explore your rights and options now can make all the difference in reaching an outcome that feels fair and protects everything you have worked hard to build.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[Are you considering a shared family vacation this summer?]]>https://www.terryhartlaw.com/?p=476492026-04-23T09:52:15Z2026-04-23T09:52:15ZWith the cost of just about everything connected with travel going up, many families are rethinking their summer vacation plans. Some divorced co-parents who would normally take separate vacations with their children might be considering taking one shared family vacation this summer to save money.
Shared family vacations after divorce have become easier now that it’s possible to rent an entire home on a site like Airbnb or VRBO. A large enough place can give everyone their own bedroom and bathroom and enough shared spaces that ex-spouses aren’t constantly bumping into each other. Some co-parents even include new spouses and children or other close family members in the mix.Certainly, a shared family vacation isn’t for everyone – or even for most divorced couples. However, if you and your co-parent have an amicable or even friendly relationship or a happily blended family, it may be worth considering.
Establishing some rules is key
A family vacation – even if it’s a short getaway to the vacation home you continue to share in the Hill Country – benefits from some ground rules (which you may prefer to think of as points of agreement). This can help prevent misunderstandings and conflict that can ruin the trip for everyone. Among the things it’s smart to discuss and document after you agree on a destination include:
How expenses will be split
Assignment of bedrooms and other sleeping areas
How childcare responsibilities for younger children will be divided
Whose rules (or what special rules) will apply if the two of you have different ones in your homes
What activities you want to include – either together or separately with your children
How the trip will fit into your summer parenting time schedule
If the shared vacation works out, you might even want to codify some of these agreed-upon points to use for future trips. If you have questions or concerns as you consider a shared vacation, having trusted legal guidance can help you ensure that it’s a vacation everyone will remember fondly.
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