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Varghese Summersett

Last Updated on April 14, 2022 by Benson Varghese

In contentious child custody disputes, it’s not uncommon for one parent to try and turn their child against the other. It’s called parental alienation and, unfortunately, it’s a phenomenon we see far too often in the family law arena.

In this article, we will discuss parental alienation in Texas and explain why this type of behavior is damaging to the child and can cause long-term emotional damage.

What is parental alienation in Texas?

Parental alienation, or Parental Alienation Syndrome (PAS), occurs when a parent intentionally pits the child against the other parent in an attempt to cause discord or distance in their relationship. The parent does this through a series of strategies, such as brainwashing, manipulation, isolation, or false accusations, to foster a child’s rejection of the other parent. The child, in turn, aligns with the alienating parent and may even show hostility or hatred toward the targeted parent.

Why would a parent alienate a child from the other parent?

Parental alienation in Texas often stems from a bitter divorce or child custody dispute and is motivated by anger, revenge, betrayal or rejection.

What are some examples of parental alienation in Texas?

There are numerous ways or strategies in which a parent engages in parental alienation in Texas. Common examples include:
* Badmouthing the other parent, including calling him or her derogatory names.
* Blaming the other parent for the divorce and giving specific reasons for the breakdown in the marriage, such as financial problems or infidelity.
* Involving the child in legal proceedings by talking to them about child support or allowing them to read court documents or attend lawyer meetings.
* Persuading the child to refuse visitation.
* Interfering with visitation by scheduling an activity that the child wants to do; therefore, making the other parent look “bad” for not allowing the child to go to the fun activity.
* Buying the child’s favor by spoiling them with gifts or giving them more “freedom” by allowing them to do things they can’t do at the other parent’s house, like stay up late or eat candy.
* Acting hurt or sad when the child has a good time visiting the other parent.
* Refusing to allow the other parent access to the child’s school report card or schedule of extracurricular activities.
* Refusing to allow pictures or gifts from the other parent in the home.
* Telling the child the other parent is dangerous or mentally unstable.
* Refusing to allow the child to visit with the extended family members on the other side of the family.
* Lying to the child about the other parent’s communication efforts. For example, telling the child the other parent hasn’t tried to contact them.
* Creating the impression that the other parent doesn’t care about the child.

Is parental alienation harmful to a child?

Absolutely. Parental alienation can have a devastating effect on the child. It can cause confusion, anxiety, lack of trust, depression, and self-hatred. These negative emotions are a result of a child growing up distrusting or disliking their other parent because they wrongly believed they were unfit, unloving or uncaring.

It’s important to remember that parental alienation in Texas is a form of psychological abuse and should be taken seriously. It’s always best to keep children out of adult disputes, as they may erroneously believe that they are somehow responsible for the parental conflict or discord.

If you suspect parental alienation is occurring in your child’s life, it’s important to seek professional help. A therapist can provide support and guidance to both the parent and child as they work through this difficult time. If you’re a parent going through a divorce or child custody battle, it’s also important to have a supportive team of professionals, including an aggressive, yet compassionate, family law attorney.

What are signs that your child is suffering from parental alienation syndrome?

There are several signs that may indicate your child is suffering from parental alienation syndrome. These include:
* Your child expresses anger, hatred, or hostility toward you, especially in front of the other parent.
* Your child refuses to spend time with you or tells you they don’t want to see you.
* Your child destroys gifts or other items you gave them.
* Your child talks about the other parent as if they are always correct and always agrees with them.
* Your child is negative toward your extended family.
* Your child starts to withdraw from friends and activities they used to enjoy.
* Your child shows a sudden change in behavior, such as becoming sullen or rebellious.
* Your child begins to have problems in school, such as declining grades or acting out in class.
* Your child demonstrates a sudden change in appearance, such as dressing differently or neglecting personal hygiene.
* Your child denies that they are being influenced by the other parent to treat you negatively.
If you suspect your child is suffering from parental alienation syndrome, it is important to seek professional help right away. Parental alienation in Texas can have a lasting effect on your child and it is important to get help before the situation worsens.

Is your ex engaging in parental alienation? Seek legal help.

If your ex is engaging in parental alienation, it’s important to speak with an experienced Fort Worth family law attorney as soon as possible. We can help. Our team will help you understand your legal options and what steps to take to protect your relationship with your child. We’re happy to take on parents who attempt to use their children as pawns in a divorce or child custody disputes. Call 817-900-3220 today to schedule a consultation.

Varghese Summersett

Last Updated on April 14, 2022 by Turner Thornton

From time to time, clients ask us about terminating parental rights in Texas. Usually, it’s because the other parent is not involved in the child’s life or is exhibiting dangerous or abusive behavior.

The first thing we tell clients is that terminating parental rights in Texas is not an easy process. Courts view termination of parental rights as a drastic step and are often hesitant to grant such a request because it means the child will only have one parent providing support for the rest of his or her life.

In this article, we will discuss the grounds for terminating parental rights in Texas and answer pressing questions about the process, which requires filing a lawsuit.

What is the termination of parental rights in Texas?

The termination of parental rights in Texas is a process that severs the legal relationship between a parent and their child. This means that the parent no longer has any legal rights or responsibilities to the child, including the right to visit or receive any information about the child. It also terminates child support obligations.

Parental rights are terminated in one of two ways:
* Voluntarily, with the consent of the parent who agrees to relinquish their rights.

* Involuntarily, by filing a termination lawsuit and convincing a family law court that the other parent’s rights should be terminated.

It’s important to note that termination of parental rights is permanent. Once severed, parental rights cannot be restored. So it’s crucial to make sure that this is the right decision before moving forward.

What are the grounds for involuntary termination of parental rights in Texas?

There are a number grounds for terminating parental rights in Texas, which are enumerated in Section 161.001 of the Texas Family Code. The most common grounds are:

* The parent abandoned the child and expressed no intent to return;
* The parent endangered the child;
* The parent abused or neglected the child or another child;
* The parent failed to support the child;
* The parent has been convicted of a felony involving sex or violence against a child;
* The parent kept the child out of school or away from home.

How does the court decide if a parent’s rights should be involuntarily terminated?

When a termination lawsuit is filed, the court must hold a hearing to decide if the parent’s rights should be terminated. The burden of proof is on the person filing the lawsuit to prove that one or more of the grounds for termination listed above applies.

If the court finds that there is clear and convincing evidence that at least one of the grounds for termination exists AND that termination of the parent-child relationship is in the child’s best interest then it will order the parent’s rights to be terminated.

Can a parent voluntarily give up their rights in Texas?

Yes, a parent can voluntarily relinquish their parental rights in Texas. This is typically done by signing an affidavit of “voluntary relinquishment” of parental rights, which is then filed with the court. If the judge agrees that it is in the “best interest of the child,” to terminate that parent’s rights, they can order it.

Once the relinquishment is approved by the court, it is final and cannot be undone. This means the person who signed over their rights is no longer considered the parent of the child. In fact, their name will be removed from the child’s birth certificate.

Can anyone other than a parent move to terminate a parent’s rights?

Yes, the following people and agencies may be able to move to terminate a parent’s rights in Texas:
* The Department of Family and Protective Services (DFPS);
* A grandparent, aunt, uncle, or another relative of the child;
* The legal guardian of the child;
* A foster parent;
* A prospective adoptive parent;
* The person who has been awarded custody of the child.

Again, terminating parental rights in Texas is not an easy process. To find out if you meet the specific legal requirements to move for parental rights termination, contact a qualified attorney.

Considering terminating parental rights in North Texas? Contact us.

If you are considering terminating parental rights in Texas, whether voluntarily or involuntarily, it’s important to speak with an experienced family law attorney to discuss this very important, life-altering decision. We can help. Call 817-900-3220 to schedule a consultation with a knowledgeable and compassionate family law attorney in North Texas. We will explain the process of terminating parental rights in Texas so you can determine if this is the right decision.

Varghese Summersett

Last Updated on March 29, 2022 by Benson Varghese

Child visitation can be one of the most contentious issues in divorce and custody cases. That’s why the Texas legislature created a visitation schedule – called the Standard Possession Order (SPO) – for parents to follow if they can’t come to a mutual agreement on possession times and days.

The SPO is an order issued by the judge that spells out the days and times that the noncustodial parent has the right to possess the child. In this article, we will go over Texas Standard Possession Order, as well as the Expanded Possession Order and a new provision in law that automatically increased visitation times for non-custodial parents who live within 50 miles of their child.

What is Texas Standard Possession Order?

Texas Standard Possession Order specifies the noncustodial parent’s visitation schedule, including weekends, holidays, spring break, summer vacation and other important events in the child’s life. The Standard Possession Order is known as the “default” schedule. However, the non-custodial parent can also choose an “election” schedule that offers different and expanded possession times based on how far the parents live from one another. Parents can elect:

  1. 50 Miles Apart or Less
  2. 51 to 100 Miles Apart
  3. 100 Miles Apart

The “50 Miles Apart or Less” is the newest provision to the law, which we will discuss later.

What is an Expanded Standard Possession Order?

An ESPO is just what it sounds like — an expanded version of an SPO. It gives the noncustodial parent more time with the child, such as more overnight visits and longer summer vacations. Recently, there was a change in the Texas law that automatically gives non-custodial parents who live within 50 miles of the custodial parent even more time with their children.

What is the new 50-mile visitation law?

New rules went into effect on September 1, 2021, that added more visitation for non-custodial parents who live within 50 miles of the custodial parent. Senate Bill 1936, also called the “equal parenting” or “shared parenting bill,” allows the non-custodial parent to possess the child more than 40 percent of the time (Prior to the bill, non-custodial parents had the child only 20 to 24 percent of the time.) The legislature has been working on this in an effort to give the non-custodial parent more time with their children.

The new 50-mile possession order is not mandatory

If the new 50-mile possession order is not conducive for the non-custodial parent, they can elect not to have the expanded visitation. The parents would continue to share custody according to the Standard Possession Order before September 1, 2021.

What’s the difference between a Texas Standard Possession Order (SPO) and Expanded Standard Possession Order (ESPO)?

The key differences between a Standard Possession Order and Expanded Standard Possession Order for 50 miles or less are laid out in the table below.

Visitation TypeTexas Standard Possession OrderExpanded Standard Possession Order
WeekendsFirst, third and fifth weekends from 6 p.m. Friday until 6 p.m. SundayFirst, third and fifth weekend beginning when school lets out Friday and until school resumes on Monday.
Thursday NightsPickup at 6 p.m. on Thursday and drop-off at 8 p.m.Pickup at the time school is dismissed and drop-off at the time school resumes on Friday.
Spring BreakAlternates yearly between parents, from 6 p.m. on day school lets out until 6 p.m. the night before school resumes.Alternates yearly between parents, from the time when school lets out for Spring Break until 6 p.m. the night before school resumes.
Thanksgiving BreakAlternates yearly between parents. Pickup time is 6 p.m. on the day school lets out and drop off is 6 p.m. on Sunday.Alternates yearly between parents. Pickup is when school lets out for Thanksgiving break and drop-off at 6 p.m. on Sunday.
Christmas Break (Even Numbered Years)Alternates yearly between parents. Pickup time is 6 p.m. on the day school is dismissed and drop-off at noon on December 28.Alternates yearly between parents. Pickup is when school lets out for Christmas break and drop-off at noon on December 28.
Christmas Break (Odd Number Years)Pickup at noon on December 28 and drop off on the day before school resumes for the holiday.Pickup at noon on December 28 and drop off at 6 p.m. on the day before school resumes for the holiday.
Mothers DayMom picks up child at 6 p.m. Friday and returns child 6 p.m. on Mother’s Day.Mom picks up child when school lets out Friday and returns child when school resumes Monday after Mother’s Day.
Father’s DayFather picks up child at 6 p.m. on Friday and returns child at 6 p.m. on Father’s Day.Pickup at 6 p.m. on the Friday before Father’s Day and drop-off is 8 a.m. on the Monday after Father’s Day.
Weekend Visitation Followed by Monday Student Holiday or Teacher In-Service DayDrop-off at 6 p.m. Monday.Drop-off at 8 a.m. on Tuesday.

Can the court modify a possession order?

Absolutely! The court can modify the standard order based on the best interests of the child. One example of when a court would modify the Texas Standard Possession Order is when the child is very young. Texas has provisions in the family code that are often referred to as “tender years” provisions, which apply to a child under three years old. The court will often order shorter visits for very young children. The periods of possession will become longer until the Standard Possession Order is appropriate.

Custody and Visitation Issues? Let Us Help You.

If you need help with custody or visitation issues, you’re in the right place. At Varghese Summersett Family Law Group, we understand how difficult these issues can be. Contact us today at 817-900-3220 to schedule a consultation. We will explain the Texas Standard Possession Order and work to find a parenting schedule that is right for you. We will facilitate the best possible custody arrangement for you and your child.

Varghese Summersett

Last Updated on March 24, 2022 by Benson Varghese

Being unexpectedly served with divorce papers can set off a flood of emotions –  anger, sadness, confusion. Most people have no idea what to do next. Do you just accept it –  or should you file paperwork of your own? In this article, we are going to discuss your options, including filing an answer and counter petition for divorce.

My spouse served me divorce papers. Now what?

If you have been served with divorce papers, you essentially have three choices:

  • Do nothing. If you do nothing, the divorce will go on without your input and you will not have a say in matters regarding marital property, debts or even child custody. If you want to weigh in, you must file an answer, a counter petition, or both. 

  • File an answer. An “answer” is a legal form that you, the respondent, files with the court indicating that you want to participate in the divorce process. If you file an answer – referred to in Texas as the “respondents original answer” – it serves as a general denial of your spouse’s allegations and entitles you to notice of future proceedings. This is how to ensure you have a voice in the matter. When a respondents original answer is filed by an attorney, it serves as notice that you have counsel and that communication should be directed to your lawyer. 

  • File an answer and counter petition for divorce.  A counter petition for divorce is basically a countersuit against your spouse. It indicates that you, too, want a divorce and have your own specific requests. It allows you to state your own allegations against your spouse and to tell the judge what you would like to see happen. In other words, it allows you to strike back and present your side to the judge.

    • Is there a deadline to file an answer after being served divorce papers?

    Yes. In Texas, an answer is due by 10 a.m. on the Monday after 20 days from the date of service. To determine the deadline, find the day you received the petition, count 20 days, including weekends and holidays, and go to the next Monday. That is the day a response is due.

    What if you miss the deadline to file an answer in a divorce?

    If you are served with divorce papers and you do not respond on or before the deadline, your spouse can receive a default judgment, also called a default divorce decree, which doesn’t take into account any of your wants or needs. The court can make determinations about child custody, support, debt and property division without your input.

    Can the petitioner dismiss the case if the respondent has filed a counter petition for divorce?

    No, if a counter petition has been filed in a divorce case, the spouse who initiated the proceedings can’t dismiss the divorce case – not unless the other party also agrees. This is a benefit to filing a counter petition in a divorce; the case can’t be dismissed unless both parties agree.

    Is mediation a possibility if a counterclaim is filed?

    Absolutely  –  and there is a high likelihood that it will be ordered by the judge. Even if both parties have essentially sued each other, mediation could help both sides come to an amicable resolution, therefore avoiding a costly and highly-emotional trial.

    Do I need an attorney to file an answer or counter petition for divorce?

    You don’t have to have an attorney to file an answer or counter petition for divorce. However, it is highly advisable. Divorce proceedings can be complicated and are deadline-driven. It’s best to have an experienced attorney handle your case, especially if your spouse has an attorney and you have children, property or significant assets. 

    Want to file an answer or counter petition in divorce? Contact us.

    If you were served with divorce papers and want to file an answer and a counter petition for divorce, it’s important to act fast so you don’t miss deadlines. We can help. At Varghese Summersett Family Law Group, we understand this is an overwhelming and nerve-wracking time. We can guide you through this process and make sure your rights and interested are represented and protected every step of the way. Call 817-903-3220 to schedule a consultation with an experienced family law attorney.

    Varghese Summersett

    Last Updated on March 24, 2022 by Benson Varghese

    If you are a parent who is struggling to make ends meet, you may be tempted to stop paying child support. This is a huge mistake. Not only could it damage your relationship with your child, but you could also face jail time and other negative consequences.

    In this blog post, we will discuss the seven biggest pitfalls of failing to pay child support in Texas (don’t miss #2). Please also take a moment to watch the informative videos from Turner Thornton, an experienced family law attorney at Varghese Summersett Family Law Group.

    1. You can end up behind bars for failing to pay child support in Texas.

    If you were ordered to pay child support and you don’t make your payments, the other parent can take you to court. If the judge finds that you purposely failed to pay child support, you could be found in contempt of court for violating a court order and sentenced to up to six months in jail.

    In Texas, you can also be arrested for failing to pay child support. Under Texas Penal Code 25.05, a person commits the offense of “criminal nonsupport” if he or she “intentionally or knowingly” fails to provide support for their child. Criminal non-support is a state jail felony punishable by six months to two years in a state jail facility and a maximum $10,000 fine.

    It’s important to point out that if you are intentionally avoiding your court-ordered obligation to pay child support, you could end up on the Texas Attorney General’s website. The OAG operates a Child Support Evader Program in which officials publish the names and photos of parents who owe more than $5,000 in child support and have a warrant out for their arrest.

    2. You can lose your driver’s license (and any other license) for failing to pay child support in Texas.

    If you fail to pay child support, your driver’s license can be suspended – and any other license you hold in Texas. Under Chapter 232 of the Texas Family Code, any license issued by the state of Texas can be suspended for failing to pay child support, including a professional license, a license to carry, or even a hunting or fishing license.

    3. Your wages can be garnished from your paycheck to pay child support in Texas.

    Most court orders for child support now include an automatic income withholding order, which is sent to the non-custodial parent’s employer instructing them to withhold child support from their paycheck. The amount that is withheld is then sent directly to the custodial parent (usually through the child support office).

    4. Your tax returns can be seized for failing to pay child support in Texas.

    In addition to wage garnishment, if you are behind on child support, the other parent can request that the child support office intercept your state and federal tax refunds. The child support office will then send the money to the custodial parent to help offset what is owed in child support. This also goes for lottery winnings.

    5. You could have a lien put on your property, bank account, or retirement plans for failing to pay child support.

    If you don’t pay child support, the Texas Attorney General’s Office can file a lien on your property, bank account, retirement plan or just about any other asset.

    6. You may not be able to get a passport if you are behind on child support.

    If you owe more than $2,500 in back child support, you can be denied a new or renewed passport.

    7. Your credit score can tank if you owe back child support.

    The Texas Attorney General’s Office is required to report the amount of child support you owe and the amount that has been paid to the credit reporting agencies. So if you are behind, don’t be surprised to see your credit scores drop.

    Behind on Child Support? Speak to Experienced Attorney.

    As you can see, Texas has a zero-tolerance approach when it comes to child support. If you have lost your job or are struggling to make your payments, it is important to speak to an experienced attorney who can assist you in having your child support lowered.

    At Varghese Summersett Family Law Group, we understand people going through tough times. It’s what we do. Contact us today at 817-900-3220 to schedule a consultation with a compassionate family lawyer.

    On the flip side, if you are a parent who isn’t receiving child support, we can assist with child support enforcement action.

    Varghese Summersett

    Last Updated on March 15, 2022 by Turner Thornton

    It’s Spring Break for many students in North Texas, a time for kiddos to refresh, reset and rejoice over a week with no school. But what does this school holiday mean for separated parents? Who gets the kids for spring break?

    If you have recently gone through a family law matter, you probably have some questions about spring break visitation in Texas. In this article, we are going to address those questions and hopefully clear up any confusion you may have so everyone can have a relaxing and enjoyable time. 

    How do I find out which parent gets the kids for spring break this year in Texas?

    To find out who gets the kids for spring break this year, the first thing you should do is turn to your child custody agreement. If there is nothing specific about spring break in your child custody agreement, you must then follow the Standard Possession Order (SPO), which you should have received at the conclusion of your family law matter. The SPO is a guide that establishes visitation. The language can be found in Texas Family Code 153.312 and 153.313. 

    What does the SPO specifically say about spring break in Texas?

    Under the Standard Possession Order, parents who live within 100 miles of each other alternate years for spring break visitation. Kids stay with the custodial parent in odd-numbered years during spring break. In even-numbered years, the non-custodial parent gets the kids for spring break. So in 2022, the non-custodial parent, or possessory conservator, gets the kids.

    If parents live more than 100 miles apart does that affect spring break visitation?

    Yes, if parents live more than 100 miles apart, the non-custodial parent, also called the possessory conservator, gets the children every year for spring break. This is because he or she doesn’t get the same parenting time during the year as parents who live closer.

    If it’s my year for spring break visitation, what time do I pick up and return my child?

    Spring break visitation or possession begins at 6 p.m. on the day your child is dismissed from school for spring break and ends at 6 p.m. on the day before your child is set to return to school.

    What if we don’t have any orders and can’t agree about spring break visitation?

    If the parents can’t come to an agreement about spring break visitation and don’t have a court order, it’s important to contact a family law attorney. If it is contentious now, then it likely will not get easier in the future. It’s best to contact an attorney so that you can get orders in place regarding possession.

    Can parents agree to a spring break schedule or plans that are not in the court order?

    Yes, parents can agree to a different schedule or plans. As long as mom and dad are on the same page as co-parents, they can agree to a different spring break visitation schedule or access arrangement than what is in the court order. Still, it’s best to get it in writing.

    Dispute Over Child Visitation? Contact Us.

    If you need help resolving a conflict over spring break visitation, child custody or any family law matter, it’s important to speak with an experienced child custody attorney. Our legal team understands there is nothing more important than your children. We will explain your legal options and help you protect your parental rights and possession to your children. We have expertise handling high-conflict custody and visitation disagreements. Call 817-900-3220 to schedule a consultation.

    Varghese Summersett

    Child custody disputes can be extremely emotional for everyone involved. It’s not uncommon for a child, especially a teenager, to express a desire to live with one parent over the other. In Texas, a child is not allowed to unilaterally make that decision. However, there is a mechanism in place in which they can make their wishes known to the judge. In this article, we will discuss how a child’s custody preference factors into custody proceedings and answer some frequently asked questions about this contentious subject.

    Can’t a child 12 or older choose which parent to live with in Texas?

    This is a common misconception. More than a decade ago, courts allowed a child age 12 or older to sign a form known as a “designation of preference.” This form allowed the child to specify the parent with whom he or she wanted to live. That law – specifically 153.008 of the Texas Family Code –  was repealed, however, because both parents would often convince the child to sign a written preference, which put the child in the middle of the custody battle and defeated the purpose.

    What is the current Texas law regarding a child’s custody preference?

    The law that addresses a child’s custody preference can be found in 153.009 of the Texas Family Code. It allows a child age 12 or older to meet with the judge in chambers to express his or her wishes. During this private interview, the judge can discuss with the child their wishes about primary conservatorship, visitation or any other issue affecting the parent-child relationship. It’s important to point out that the judge doesn’t have to adopt the child’s wishes. However, it’s a good opportunity for the judge to assess the child’s maturity level and evaluate their ability to make sound decisions and judgment.

    Is the judge’s custody interview mandatory?

    If a parent requests the family court judge to interview a child over age 12, then the judge is required to do so by law. If the child is under age 12, however, it is discretionary, meaning the judge can decide whether or not to interview the child. 

    Will the court consider a child’s custody preference?

    Yes, the court will take into consideration a child’s custody preference, but it is only part of the equation. Texas law specifically states that “the best interest of the child” must be the court’s primary consideration when determining issues of conservatorship (child custody) and possession and access to the child. To guide judges, the Texas Supreme Court, in the case of Holley v. Adams, provided a list of factors for judges to consider when making custody decisions. They are often referred to as the “Holley Factors” and include:

    * The child’s desires
    * The emotional and physical needs of the child now and in the future
    * Any emotional and physical danger to the child now and in the future
    * The parental abilities of the individuals seeking custody
    * The programs available to assist the parents
    * The plan for the child by these individuals
    * The stability of both parties’ homes and any acts or omissions of a parent which may indicate that the exciting parent-child relationship is not a proper one
    * Any excuse for the acts or omissions of a parent.

    When can a child decide which parent with whom to live?

    Children can decide which parent with whom to live when they turn 18 and are no longer considered a minor. This is also the age at which they can refuse visitation with a parent. Before that age, it will be up to a judge to make that decision if the parents can’t agree.

    Seek Guidance from an Experienced Child Custody Lawyer in the Fort Worth Area

    At Varghese Summersett Family Law Group, we understand how emotional and contentious child custody disputes can be. There is nothing more important than your children. Our team provides compassionate legal guidance, while fiercely advocating for you and your children. We will do everything in our power to achieve the best possible outcome. Call 817-900-3220 to schedule an appointment with an experienced North Texas child custody attorney.