Child Custody | Whitten Legal

Child Support and Retirement Plans

Rollen Quicoy — Tue, 04 Feb 2025 09:05:37 +0000

On behalf of the Law Office of Greg Whitten on Tuesday, February 4, 2025.

Is this familiar? In your divorce or custody case, your Ex was ordered to pay for child support and is way behind but has a large 401(k) or other retirement plan providing your Ex with a comfortable living, nice vacations, a luxury car, etc.

Can the Court Order Child Support Paid Directly by Retirement Plan?

It’s true. A child support domestic relations order can be issued by the court, which orders a portion of the retirement plan (whether defined benefit, such as a traditional pension, or a defined contribution, such as a 401(k)) to be paid directly to you as the child support obligee. However, the retirement plan cannot be ordered to distribute funds pursuant to a domestic relations order before the date the owner/beneficiary of the plan would otherwise be eligible to withdraw funds.If this is your situation, please call us, and we will see if we can help.

What is a Guardian Ad Litem in Texas Family Court?

Rollen Quicoy — Tue, 04 Feb 2025 08:57:00 +0000

In CPS removal cases and some contested child custody cases, the judge may appoint a guardian ad litem to represent the child’s best interests (this is different than representing the child, which is what an attorney ad litem does). This person may be a volunteer from specific organizations, a professional with relevant licenses and training, an adult having the competence, training, and expertise determined by the court to be sufficient to represent the best interests of the child, or an attorney ad litem appointed to serve in the dual role in cases brought by a governmental entity (i.e., Child Protective Services).

What is the Authority of the Guardian Ad Litem?

The guardian ad litem will investigate to the extent she believes necessary to determine the child’s best interests and obtain and review copies of the child’s relevant medical, psychological, and school records.

She will also interview:

The child
Each person with significant knowledge of the child’s history and condition, such as educators, child welfare service providers, and foster parents
All the parties to the lawsuit

Through this work, she will try to determine and consider the child’s expressed objections, opinions, concerns, and any other task as directed by the judge.

What Court Actions Can the Guardian Ad Litem Perform?

The guardian ad litem will receive all papers filed in the case and all hearings. She will attend the hearings and (in certain cases) can call and cross-examine witnesses. Suppose there is a question about the child’s removal and/or placement. In that case, she will be consulted about her opinions and evaluate whether child welfare service providers protect the child’s best interests. She can also be expected to attend meetings related to the child’s service plan, etc.

The guardian ad litem can also testify and submit a report regarding her recommendations on the best interests of the child and the basis for those recommendations. This is a major difference between what the guardian ad litem can do in court and what an amicus attorney and/or an attorney ad litem can do.

Most cases involving a guardian ad litem are child welfare cases brought by child protective services, as opposed to divorce or custody modification cases brought by the mother, father, or non-parent conservator.

Who Pays the Fee for the Guardian Ad Litem?

If it is a removal case filed by CPS, typically, the county will pay the fees of the guardian ad litem. However, if appointed in a case brought by one parent directly against the other parent, the Court will typically order the parties to pay the guardian ad litem’s fees.

Parental Alienation and Family Court

Rollen Quicoy — Thu, 16 Jan 2025 09:21:58 +0000

On behalf of the Law Office of Greg Whitten on Thursday, January 16, 2025.

In many of our cases we see children “weaponized” against the other parent by the use of psychologically abusive and/or controlling conduct and communications. The common term for this is “Parental Alienation.” However, this term is incredibly overused in family courts.

If this describes your situation, I encourage you to not use this term. It is not a diagnosis but a description and/or conclusion of abusive and controlling conduct, behavior, and communications to turn children away from the other parent. It is a form of psychological abuse.

A judge does not make a finding of “parental alienation.” Instead, in determining what is in the “best interest of the child,” the judge can make a finding of abuse or neglect in order to award one parent “Sole Managing Conservatorship” and/or to put limitations on a parent’s rights of possession and access.

The key to convincing a judge that this abuse or neglect has occurred is first to not say “parental alienation.” Instead, focus your efforts on gathering and presenting the evidence of the abusive and controlling behavior, manufactured events, improper communications, etc. to show that it arises to abuse or neglect.

Believing These Custody Myths Can Harm Your Case

Rollen Quicoy — Wed, 10 Oct 2018 09:42:53 +0000

On behalf of the Law Office of Greg Whitten on Wednesday, October 10, 2018.

Navigating a Texas divorce can be hard, especially when it involves minor children. When it comes to child custody and support, the law encourages parents to prioritize the children’s well-being and to work to come up with an optimal arrangement.

Many people harbor misconceptions about the way custody works in Texas. Acting upon them can actively damage a case and lead to an outcome that benefits neither parents or children.

1. Informal agreements work as well as a court order.

People sometimes think that if the divorce is amicable, they can work out major issues such as custody on their own. Although collaborative solutions can yield many benefits and Texas law encourages them, it is important to stay within a formal legal framework. Parents need to draw up a written agreement and submit it to the judge for approval. This also holds true for a subsequent custody modification: Even if the parents agree on what changes to make, they still need to formally submit them to the court.

2. Mothers get custody automatically.

Although there was, indeed, a time when the law presumed young children were better off with their mothers, this is no longer the current approach. Instead, Texas courts begin deliberating custody matters from the point of view that it is in the children’s best interest to have their parents participate equally in all aspects of childrearing. Of course, in a particular case, circumstances might dictate a different approach, so each determination stems from a review of relevant factors.

3. It is appropriate to withhold support or visitation to punish the other parent.

Contrary to a popular misconception, visitation and child support are separate issues. One parent cannot penalize the other for nonpayment by withholding scheduled visitation. Conversely, if one parent fails to comply with the visitation schedule, the other cannot start withholding support payments. In either case, the proper recourse would be to file a motion with the court and ask it to enforce the parenting plan or the support order.