by Mokolo LawChild Support Enforcement and Enforcement of Possession or Access in Texas
When Texas courts issue orders in family law cases, they are not suggestions; they are legally binding directives. Two of the most common problems parents face after divorce or separation are child support and possession or access (visitation). Unfortunately, not every parent follows the court’s order, which can leave the other parent struggling to enforce their rights.
At Mokolo Law Firm, we often see parents frustrated when support payments stop or visitation is denied. The good news is that Texas law provides strong enforcement mechanisms to protect children and ensure court orders are followed. But whether you’re enforcing child support or visitation, success often depends on evidence, what you can prove to the court.
This post breaks down how enforcement works in Texas, what remedies are available, and what proof is needed to prevail, especially in possession or access cases.
Child Support Enforcement in Texas
How Child Support Enforcement Works
If a parent is ordered to pay child support and fails to do so, the other parent can file a Motion for Enforcement. This asks the court to step in and compel payment. Enforcement is typically handled through:
- Court hearings– This is where the paying parent must explain why payments were missed.
- Texas Attorney General’s Child Support Division – This division can also take independent enforcement actions.
Remedies Available for Nonpayment
Texas courts have wide authority to enforce child support orders, including:
- Wage garnishment – Withholding support directly from paychecks.
- Intercepting tax refunds – Federal and state refunds may be seized.
- License suspension – Driver’s, professional, hunting, or fishing licenses can be suspended.
- Liens on property – To recover unpaid support.
- Contempt of court – Jail time, probation, or fines for willful failure to pay.
Proof Needed in Child Support Enforcement
To succeed in a child support enforcement case, the petitioner must show:
- A valid child support order exists.
- The amount ordered.
- The amount actually paid (if any).
- The arrears owed, typically proven with payment records, bank statements, or ledgers from the Texas Child Support Division.
Part 2: Enforcement of Possession or Access (Visitation)
Child visitation rights are just as enforceable as support orders. If one parent interferes with the other’s court-ordered visitation, the affected parent can file a “Motion for Enforcement of Possession or Access”.
Common Violations of Possession or Access Orders
- Refusing to turn over the child at the scheduled time.
- Failing to make the child available for pickup.
- Blocking communication between the child and the other parent (when ordered).
- Consistently being late or interfering with scheduled possession.
Remedies for Denied Visitation
The court can:
- Order make-up visitation for the time denied.
- Hold the violating parent in contempt of court, which may include fines or jail time.
- Modify the custody order if violations are persistent and harmful to the child.
Proof Needed in Possession or Access Enforcement Cases
This is where many parents struggle. To prevail, you need clear, documented proof that the other parent violated the court’s order. Useful evidence includes:
- The Court Order – A certified copy showing the exact visitation schedule.
- Detailed Records – A written log of each violation (date, time, what happened).
- Witness Testimony – Friends, family, or third parties who witnessed the denial.
- Communications – Texts, emails, or voicemails showing refusal or interference.
- Travel Proof – Gas receipts, toll records, or GPS data proving you appeared for pick-up but were denied access.
Without concrete evidence, it becomes one parent’s word against the other’s—making it difficult to prove enforcement is necessary.
Final Thoughts on Child Support Enforcement and Enforcement of Possession or Access in Texas
In Texas, both child support and visitation rights carry the weight of law. A parent cannot simply decide to withhold support or deny visitation. If your rights are being violated, the law provides strong remedies, but the key is preparation and proof.
Contact Mokolo Law Firm
At Mokolo Law Firm, we assist parents in enforcing their court orders, gathering the necessary evidence to prevail, and protecting the best interests of their children. Whether you’re fighting for the support your child deserves or the visitation time you’ve been promised, we’ll stand with you every step of the way. Contact Mokolo Law Firm today to discuss your enforcement options and take action to protect your parental rights.
by Mokolo LawHow to Get Sole Custody in Fort Bend County Texas
Child custody is one of the most emotional and important issues parents face during a separation or divorce. In Texas, custody is legally referred to as “conservatorship.” Parents are usually expected to share responsibilities, but in certain cases, one parent may seek sole custody (called “sole managing conservatorship” under Texas law).
If you live in Fort Bend County and are considering filing for sole custody, here’s what you need to know.
What Does Sole Custody Mean in Texas?
In Texas, custody arrangements fall into two categories:
- Joint Managing Conservatorship (JMC): Both parents share rights and duties regarding the child (the most common arrangement).
- Sole Managing Conservatorship (SMC): One parent is given the exclusive right to make important decisions about the child, such as:
- Where the child lives.
- Decisions about education, medical care, and counseling.
- Consent to marriage or military enlistment.
- Receiving child support.
The other parent (called a possessory conservator) may still have visitation rights but does not share decision-making authority.
When Can a Parent Get Sole Custody?
Courts in Fort Bend and across Texas prefer joint custody unless there’s a strong reason otherwise. Sole custody may be granted when joint custody would not be in the child’s best interest. Examples include:
- Family Violence or Abuse – Evidence of physical, emotional, or sexual abuse toward the child or the other parent.
- Neglect – A parent failing to provide proper care, supervision, or necessities.
- Substance Abuse – Drug or alcohol issues that endanger the child’s safety.
- Abandonment – A parent’s absence or failure to maintain a relationship with the child.
- Parental Conflict or Inability to Co-Parent – Situations where parents cannot work together for the child’s well-being.
The court’s primary focus is always the best interest of the child.
Steps to Getting Sole Custody in Fort Bend
1. File a Custody Case
You (or your attorney) will file a Suit Affecting the Parent-Child Relationship (SAPCR) or include custody requests in a divorce petition if you’re divorcing. This is filed in the Fort Bend County District Clerk’s Office.
2. Request Sole Managing Conservatorship
In your filing, you must specifically ask the court to appoint you as the sole managing conservator and explain why joint custody is not appropriate.
3. Gather Evidence
Strong evidence is key to proving that sole custody is in the child’s best interest. This may include:
- Police reports or protective orders (family violence).
- Medical or school records.
- Testimony from teachers, counselors, or relatives.
- Text messages, emails, or social media posts showing neglect or abuse.
- Witnesses who can support your claims.
4. Temporary Orders Hearing
While the case is pending, you can request a temporary order for custody to protect your child immediately until the final hearing.
5. Court Evaluation & Investigation
The judge may order:
- Social studies (interviews, home visits).
- Child custody evaluations by psychologists.
- Guardian ad litem appointment (an independent advocate for the child).
6. Final Custody Hearing
Both parents present their evidence and arguments. The judge then decides whether sole custody should be granted.
What Rights Do You Get with Sole Custody?
If awarded sole managing conservatorship, you typically gain the exclusive right to:
- Decide where your child lives.
- Direct medical, dental, and psychological care.
- Make decisions about education and religious upbringing.
- Apply for and maintain the child’s passport.
- Receive and manage child support.
The other parent may still receive visitation under a standard possession order (SPO) or a modified schedule if safety is a concern.
Tips for Strengthening Your Case
- Focus on the child’s best interests – Always frame your argument around what benefits your child, not personal grievances.
- Document everything – Keep a detailed record of incidents, missed visits, or unsafe behavior.
- Stay respectful – Avoid hostile behavior, as judges look for parents who can foster a healthy environment.
- Work with an experienced attorney – Custody cases in Fort Bend are complex, and professional guidance can make the difference.
Why Work with Mokolo Law Firm?
At Mokolo Law Firm, we understand how important your child’s future is. Our Fort Bend custody attorneys will:
- File your case promptly and correctly.
- Build a strong evidence-based argument for sole custody.
- Represent you in temporary orders hearings and trials.
- Work to protect your child from unsafe environments.
- Guide you step by step with compassion and clear communication.
Final Thoughts on How to Get Sole Custody in Fort Bend County, Texas
Obtaining sole custody in Fort Bend County is possible, but it requires careful preparation, strong evidence, and a strategy legal approach. The court always prioritizes the best interest of the child, so your case must clearly show why granting you sole custody serves that purpose.
If you are seeking sole custody, contact Mokolo Law Firm today. We will fight for your child’s safety and well-being while guiding you through the legal process with skill and care.
by Mokolo LawBusiness Valuation in Divorce
When divorce involves a closely held or family-run business, the process becomes significantly more complex than dividing typical marital assets. For many couples, a business is not just a source of income but also one of their largest financial assets. Determining its value fairly and ensuring that value is accurately represented in divorce proceedings is critical.
At Mokolo Law Firm, we understand the unique challenges of business valuation in divorce. We work closely with financial experts, forensic accountants, and valuation professionals to protect your interests and ensure equitable outcomes.
Why Business Valuation Matters in Divorce
The valuation of a business directly influences several key aspects of your divorce, including:
- Property Division – Texas is a community property state, meaning that businesses (or portions of them) acquired or grown during the marriage may be subject to division.
- Spousal Support (Alimony) – The value and profitability of a business often factor into whether spousal support is awarded and in what amount.
- Future Financial Security – For many business owners, the company represents their livelihood, retirement plan, and legacy. For spouses, it can represent years of contributions—direct or indirect—to its success.
An undervalued business could leave a spouse with far less than they are entitled to, while an inflated valuation could saddle an owner with unfair financial obligations. In contentious divorces, it is not uncommon for one party to attempt to hide income, overstate liabilities, or underreport assets, making professional scrutiny essential.
Common Business Valuation Methods
Courts and financial experts typically rely on three recognized approaches to valuing a business:
1. Asset-Based Approach
- Focuses on the company’s tangible and intangible assets (real estate, inventory, equipment, intellectual property, goodwill, etc.).
- Best suited for businesses with significant physical holdings.
2. Income Approach
- Projects future earnings and cash flow, then calculates present value based on risk and industry factors.
- Commonly used for professional practices and service-oriented businesses.
3. Market Approach
- Compares the business to similar companies recently sold in the marketplace.
- Useful when reliable market data exists for comparable businesses.
Often, multiple methods are applied and reconciled to produce a defensible, court-accepted value.
Key Legal Considerations in Texas
When valuing a business in divorce, Texas law raises several important questions:
- Timing of Ownership – Was the business started before the marriage (separate property) or during the marriage (community property)?
- Community Contributions – Even if the business was founded before marriage, did community funds or labor contribute to its growth?
- Spousal Roles – Did one spouse manage the business full-time while the other contributed indirectly (e.g., maintaining the household or supporting financially)?
- Pre-Existing Agreements – Is there a buy-sell agreement, prenuptial, or postnuptial agreement that dictates ownership division?
Courts will also examine whether one spouse should be compensated for their share, either through a buy-out, structured settlement, or allocation of other assets of equal value.
How Mokolo Law Firm Supports You
Navigating business valuation in divorce requires both legal skill and financial expertise. Our team helps clients by:
- Partnering with valuation professionals to secure an accurate, court-accepted appraisal.
- Investigating financial records for hidden income, misreported expenses, or manipulated cash flow.
- Negotiating creative settlement options, such as buy-outs, installment payments, or asset swaps.
- Protecting sensitive business data during discovery to minimize disruption to operations.
- Ensuring that property division and spousal support outcomes reflect a fair balance of contributions and future needs.
Final Thoughts on Business Valuation in Divorce
Dividing a business during divorce is never simple. It requires a skilled legal team, meticulous financial analysis, and a strategy tailored to your goals whether you want to retain ownership, divide assets fairly, or uncover hidden value.
At Mokolo Law Firm, we fight to protect your financial security while preserving the integrity of your business. With the right legal and financial guidance, you can navigate this process with confidence and clarity.
Call us today for a confidential consultation to discuss your business and divorce strategy.
by Mokolo LawDividing The Marital Home In Texas
For many couples, the marital home represents more than just real estate. It’s a shared investment, a place of emotional attachment, and often the most significant financial asset in a marriage. When a divorce becomes necessary, determining what happens to the family home can be one of the most challenging and consequential decisions you face.
In Texas, which operates under community property laws, the division of the marital home involves legal analysis, valuation considerations, and strategic planning. At Mokolo Law Firm, we help clients navigate this process with a focus on fairness, long-term stability, and protection of their financial future.
Dividing The Marital Home In Texas
Who Gets the House?
Texas is a community property state, which generally means that assets acquired during the marriage belong equally to both spouses. However, exceptions exist, and the marital home may be classified as either:
1. Community Property: Acquired during the marriage with marital funds.
2. Separate Property: Acquired by one spouse before the marriage or through gift or inheritance, even during the marriage, if properly documented.
Key Factors to Determine How to Divide the Home
When determining how to divide the home, the court evaluates several key factors:
a. Custody of Children: Courts often favour allowing the primary custodial parent to remain in the home to maintain stability for the children.
b. Financial Resources: The ability of each spouse to afford the mortgage, taxes, and maintenance, including qualification for refinancing.
c. Equity and Contributions: How much equity exists and each party’s direct or indirect contributions to the property’s value (e.g., mortgage payments, improvements).
d. Debts and Obligations: Outstanding mortgage balances, liens, or property tax arrears.
e. Feasibility of Sale: Whether it’s practical or necessary to sell the home and divide the proceeds.
Options for Dividing the Marital Home
1. Sell the Home and Split the Proceeds
This is often the most straightforward approach. After the sale:
a. Proceeds are divided based on community property rights or as negotiated.
b. Joint liabilities are paid off (e.g., mortgage, home equity loans, closing costs).
c. Neither party retains emotional or financial ties to the property.
2. One Spouse Buys Out the Other
In this option, one spouse retains ownership by:
a. Paying the other spouse their share of equity (often by refinancing the mortgage).
b. Releasing the other from future liability on the loan.
c. This requires accurate home valuation, financial qualification, and sometimes negotiation of payment terms.
3. Deferred Sale (Temporary Possession)
Often used when children are involved, one spouse (usually the custodial parent) remains in the home for a set period. Later:
a. The home is sold, and the proceeds are split.
b. Conditions for sale (e.g., child graduation, specific date) should be outlined in the divorce decree.
4. Co-Ownership Post-Divorce
Though rare and complex, some spouses agree to co-own the property temporarily:
a. For investment or children’s stability.
b. Requires clear agreements on expenses, tax deductions, and future sale terms.
Protecting Your Equity and Legal Rights
At Mokolo Law Firm, we work to ensure you don’t leave value on the table. We will:
1. Determine the accurate value of the home through appraisal, market comparisons, and real estate expert input.
2. Calculate your share of Equity by subtracting debts from the market value and identifying each party’s stake.
3. Evaluate refinancing and mortgage obligations, including possible credit impacts and post-divorce payment responsibilities.
4. Negotiate equitable solutions that reflect your contributions, financial needs, and future goals.
5. Secure legal protections in the divorce decree to avoid future disputes over payments, taxes, or missed deadlines.
Final Thoughts on Dividing the Marital Home on Dividing the Marital Home in Texas
The marital home often holds both emotional significance and financial weight. Whether you want to keep the home, sell it, or negotiate an alternative arrangement, the key is informed legal planning.
At Mokolo Law Firm, we understand the personal and financial stakes involved. Our compassionate, strategic approach helps you make decisions that secure your housing stability and financial independence, both now and in the years ahead. Contact us today to schedule a consultation and discuss your best path forward.
by Mokolo LawHow to Win Custody Back from Grandparents in Texas
In Texas, custody situations can become complex when grandparents assume care of a child due to a parent’s temporary inability to provide a safe or stable environment. Whether prompted by illness, substance abuse, financial instability, or legal troubles, these arrangements are often intended to be temporary. However, regaining custody can become difficult, especially when legal orders or emotional attachments have formed.
At Mokolo Law Firm, we recognize how deeply parents desire to reunite with their children and rebuild their families. The good news is that Texas law supports biological parents who demonstrate meaningful changes in their circumstances and can prove that regaining custody is in the child’s best interests.
How to Win Custody Back from Grandparents in Texas
This guide breaks down the legal process, your rights as a parent, and practical strategies for successfully winning custody back from grandparents in Texas.
Understanding Why Grandparents Gain Custody
Grandparents typically obtain custody under circumstances such as:
- The parents are unable to provide adequate housing or supervision.
- Substance abuse, neglect, or domestic violence concerns exist.
- Parents voluntarily transfer custody during hardship or divorce.
- A court awards a temporary managing conservatorship or a Special Guardianship Order to the grandparents.
These arrangements are designed to protect the child, but they are not permanent by default. Texas law allows parents to regain custody if they can prove a substantial change in circumstances and that custody restoration serves the child’s welfare.
Legal Steps to Win Custody Back from Grandparents
1. Review the Original Custody Order
Understanding the court’s rationale for placing the child with grandparents is critical. Was it due to unsafe housing, criminal charges, addiction, or another factor? This helps you build a case around overcoming those issues.
2. Demonstrate a Significant Change in Circumstances
You must show that the concerns that led to the custody transfer have been resolved. Evidence may include:
- Stable and secure housing
- Completion of rehab or parenting classes
- Steady income and employment
- Clean criminal record or discharge from probation
- Positive parenting evaluations
3. File a Petition to Modify Custody
Legally known as a Suit to modify the parent-child relationship, this petition asks the court to reverse or amend the custody order. The burden of proof lies with the parent, who must demonstrate that the change benefits the child.
4. Engage in Mediation (If Possible)
Before going to court, mediation can help resolve custody amicably. If the grandparents are cooperative, this may result in a smoother transition back to parental custody without litigation.
5. Prepare for a Court Hearing
If no agreement is reached, your case will go before a family court judge. Mokolo Law Firm can help you present clear evidence, expert testimony (such as a home study), and arguments focusing on the child’s best interests.
Custody Disputes and Grandparents’ Rights
It’s important to understand that grandparents do not have automatic custody or visitation rights in Texas. They must petition the court just like anyone else. If you believe a grandparent’s custody is no longer appropriate, due to their age, illness, or inability to provide proper care, you may ask the court to terminate or modify the custody arrangement.
Evidence To Help Win Custody Back
To build a strong case, gather the following:
- Proof of stable housing (lease, mortgage, utility bills)
- Pay stubs or employment verification
- Completion certificates (parenting classes, rehab, therapy)
- Medical or psychological evaluations (if applicable)
- Character references from employers, pastors, or social workers
- Proof of your ongoing relationship with the child (visitation logs, photos, communication records)
Frequently Asked Questions (FAQs) On How to Win Custody Back from Grandparents in Texas
Can I Get Custody Back Without a Lawyer?
Yes, it’s legally possible, especially if the grandparents agree to return custody. However, contested cases involve complex legal and emotional factors. A skilled attorney ensures your parental rights are protected and your case is presented effectively.
What If the Grandparents Refuse?
If grandparents oppose returning custody, you’ll need to demonstrate in court that returning the child to your care is safe and in their best interest. Courts weigh your improvements heavily against the current caregiving situation.
Can My Child’s Wishes Influence the Outcome?
Yes. In Texas, the court may consider the child’s wishes, especially if the child is 12 years or older. However, the child’s preference is one factor among many; the ultimate decision is based on the child’s welfare.
Can I Regain Custody Without Going to Court?
Yes, if the grandparents agree to return custody voluntarily, and no formal guardianship or court order prevents it. Even with a court order, meditation may lead to a mutual agreement that can be submitted for court approval.
Can Special Guardianship or Temporary Orders Be Reversed?
Yes. Special Guardianship Orders and temporary custody arrangements can be modified or revoked if circumstances improve. Parents retain their legal rights unless those rights were terminated by the court, which is rare and extreme.
Final Thought on How to Win Custody Back from Grandparents in Texas
Reuniting with your child after a period of separation is both an emotional and legal journey. While it can be challenging to win custody back from grandparents in Texas, the law provides a clear path forward for parents who have transformed their circumstances and are ready to care for their children again.
At Mokolo Law Firm, we are committed to helping parents navigate every stage of the custody restoration process. Whether through negotiation, mediation, or litigation, our goal is to reunite families because every child deserves the love and support of a safe, stable parent.
Contact us today to schedule a consultation and take the first step toward regaining custody of your child.
by Mokolo LawHow to Handle Suspected Hidden Assets During Divorce In Texas
Divorce is never easy especially when you suspect your spouse may be hiding assets. Whether it’s undisclosed income, secret accounts, or property transferred to others, hidden assets can significantly impact the fairness of your settlement.
If you believe your spouse isn’t being honest about money or property, you’re not alone and you don’t have to navigate this process by yourself. Your first step should be to consult a divorce attorney with experience in asset discovery and financial investigations. They can guide you through legal procedures to ensure full financial disclosure and use discovery tools to uncover hidden assets.
How to Handle Suspected Hidden Assets During Divorce In Texas
In this guide, we’ll explain the steps you can take to spot red flags, gather evidence, and work with legal and financial professionals to protect your rights.
What Are Hidden Assets and Why Do Some Spouses Try to Hide Them?
Hidden assets are any property, income, or financial accounts that one spouse intentionally conceals from the other during a divorce. This can include undisclosed bank accounts, underreported income, transferred property, or even valuable items like artwork or jewelry tucked away out of sight.
Common Types of Hidden Assets:
- Secret savings or investment accounts
- Undisclosed business revenue or profits
- Real estate or vehicles titled under another name
- Cash withdrawals or “loans” to friends and family
- Cryptocurrency or digital assets
Why Do Spouses Hide Assets?
During a divorce, all marital assets must be disclosed to ensure a fair and equitable division. Some spouses, however, attempt to hide assets for personal gain or out of spite. Motivations may include:
- Reducing the marital estate: To walk away with more than their fair share
- Avoiding spousal or child support: By appearing less financially capable
- Punishing the other spouse: Especially in high-conflict or emotionally charged divorces
- Planning for post-divorce financial security: By secretly preserving wealth
Hiding assets is unethical and illegal. Courts take these actions seriously and may impose penalties, including awarding a greater share of the assets to the honest spouse.
How to Handle Suspected Hidden Assets
1. Consult a Divorce Lawyer
Engage an attorney who specializes in high-conflict divorces and asset tracing. He will explain your rights and legal options, develop strategies to uncover concealed assets and initiate the legal process for disclosure and investigation.
2. Gather Financial Documents
Start collecting all relevant financial records such as; bank statements, tax returns, investment accounts, real estate and business records. And be at alert for warning signs like,unusual cash withdrawals or transfers, changes in spending habits, transfers to family or third parties, account password changes and new or unexplained debts
3. Hire a Forensic Accountant
A forensic accountant can analyze financial records for inconsistencies or unusual transactions, trace assets through financial paper trails ans provide expert testimony if needed.
4. Use the Legal Discovery Process
Your attorney can request documents, submit questions under oath, and conduct depositions to reveal concealed assets. Requests to examine emails, texts, or physical items like safe deposit boxes, requests for specific records like tax filings or loan applications, etc.
5. Consider Court Intervention
If your spouse resists cooperation, your lawyer may request court orders mandating full disclosure, seek to freeze assets or impose sanctions and reopen the case if assets are discovered after the divorce is finalized.
6. Watch for Dissipation of Assets
Dissipation involves one spouse wasting or hiding assets, often through, gambling, excessive spending, or reckless investments and unauthorized transfers to friends or relatives.
7. Keep Thorough Documentation
Documentation is critical if the case proceeds to court. Record everything such as, suspicions and supporting evidence, communication with your spouse and professionals and steps taken to uncover hidden assets
8. Avoid DIY Investigations
Avoid conducting your own investigation. Unauthorized surveillance or access to private information can harm your case and may be illegal. Leave the investigation to your lawyer and financial experts.
Common Signs That Your Spouse is Hiding Assets in Divorce
If you’re approaching a divorce, it’s important to stay vigilant for signs that your spouse might be concealing assets. Here are some of the most common red flags to watch for:
1. Suspicious and Unusual Financial Activity
Keep an eye on your joint accounts. Large or unexplained withdrawals could suggest that your spouse is stashing away cash. Similarly, transfers you don’t recognize may mean they’ve opened new, undisclosed accounts or are funneling money to trusted friends or family members, possibly with the intent of retrieving it after the divorce.
2. Missing Account Statements and Bills
In the digital age, most financial documents are sent by email. If you’ve lost access to shared email accounts or if paper statements suddenly stop arriving your spouse may be trying to hide financial information. You should have full access to any account where financial alerts or statements are received.
3. Changed Passwords
A sudden inability to log in to shared financial accounts is a something to worry. If your spouse changes passwords and doesn’t share the new ones with you, it could be an intentional move to conceal financial activity.
4. Inconsistent Financial Documents
Now’s the time to pay close attention to tax returns, loan applications, and financial disclosures. These documents often reveal assets or income streams that weren’t obvious before. Watch for discrepancies what appears on a tax return should line up with other financial statements. If not, there may be more to uncover.
5. Suspicious Gifts or Transfers
Some people attempt to hide assets by “gifting” money or property to friends or family with the understanding it will be returned after the divorce. Be wary of any significant or sudden transfers—especially if they don’t align with past behavior.
6. Claims of Financial Trouble
If your spouse suddenly reports business losses, reduced income, or financial hardship especially from a previously stable source dig deeper. Business owners may manipulate earnings, inflate expenses, or defer income. In some cases, employers may even delay bonuses or commissions to help a spouse minimize reported income during divorce proceedings.
7. Lavish Spending That Doesn’t Match Income
If you’re living apart and your spouse’s lifestyle seems inconsistent with their reported income luxury items, travel, or unexplained purchases it could be a sign that some assets or income are being concealed.
8. Rushed Agreements or Pressure to Sign
Be cautious if you’re being urged to sign financial documents or a settlement without adequate time to review them. Never agree to anything without fully understanding the implications. Always consult a lawyer or financial advisor if you’re unsure.
9. Reluctance to Discuss Finances
If your spouse dodges financial questions, gives vague answers, or refuses to provide full access to records, it’s time to dig deeper. While there could be innocent explanations, consistent avoidance or secrecy is a strong signal that something may be amiss. In these cases, speaking with a divorce attorney is essential.
Do You Need a Lawyer to Help Uncover Hidden Assets?
While you may be able to begin reviewing financial records and tax documents on your own, uncovering hidden assets during a divorce can quickly become complex. If you notice red flags or have reason to believe your spouse is concealing assets, it’s time to speak with a qualified attorney ideally one experienced in family law and asset investigations.
At Mokolo Law Firm, we understand that identifying hidden property or income often requires more than just intuition. Properly navigating the discovery process demands a thorough understanding of court procedures, evidentiary rules, and strategic legal tools. Our team is skilled in using formal discovery methods to ensure all relevant assets are disclosed.
In more intricate cases, we collaborate with trusted forensic accountants who specialize in tracing assets and uncovering financial irregularities. If you’re considering challenging a finalized divorce settlement based on newly discovered assets, we’ll explain your rights and options under your state’s laws.
Let us at Mokolo Law Firm help protect what you’re entitled to. Contact us today for a confidential consultation.
by Mokolo LawSame-Sex Divorce in Texas
Divorce can be an emotionally and financially stressful process for any couple. However, same-sex couples face specific legal issues that differ from those faced by heterosexual couples. While same-sex couples can now enjoy marriage equality, divorce equality is still catching up. From splitting assets to child custody rights, the details of divorce that are often clear in a heterosexual marriage can be more complex for same-sex couples.
Texas has a history of banning and restricting these unions, which can create additional challenges for same-sex couples seeking divorce. If you’re in a same-sex relationship and considering divorce, it’s important to understand the legal issues involved and to hire an experienced lawyer to guide you through the process. In this blog, we’ll examine the laws and procedures related to same-sex divorce in Texas, and explore ways to navigate the process more easily.
Same-sex marriage wasn’t legal until 2015, when the U.S. Supreme Court issued a landmark ruling in Obergefell v. Hodges. That decision made same-sex marriage legal across the entire country, including in Texas.
Before 2015, same-sex couples in Texas couldn’t legally marry or divorce. Many had to travel to other states just to end their relationships legally. This made things complicated and confusing, especially for couples trying to understand how to get divorced.
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Legal Rights and Challenges of Same-Sex Divorce in Texas
1. Marriage Status
One of the first legal hurdles for same-sex couples divorcing in Texas is determining the legal status of their relationship. While same-sex marriage is now legal across the U.S., some couples may have been married in a jurisdiction where it wasn’t recognized at the time, or they may have entered into a domestic partnership or civil union. In such cases, they may need to take additional legal steps to confirm that their relationship qualifies as a legal marriage under Texas law. A lawyer can assist with this process and ensure everything is handled appropriately.
2. Property Division
Another legal issue same-sex couples may encounter during divorce is property division. In Texas, property division is governed by community property law, which generally splits marital property based on what was earned or acquired during the marriage. However, many same-sex couples lived together in long-term relationships before they could legally marry. Texas law does not automatically count those years as part of the legal marriage for property division purposes.
If a couple acquired property before their legal marriage—even jointly—the court may treat it as separate property unless there is a legal agreement (such as a partnership or cohabitation agreement) or clear evidence of joint ownership.
3. Child Custody and Support
Child custody can be particularly complex in same-sex divorces. Texas law does not distinguish between same-sex and opposite-sex parents when deciding custody and support; what matters is the best interest of the child. A couple might have adopted a child, used a surrogate or sperm donor, or one partner may have brought a child into the relationship from a previous marriage. If both partners are not legally recognized as the child’s parents—such as when only one party legally adopted the child—custody matters can become complicated.
An attorney can help protect the parental rights of both parties and ensure decisions are made based on the child’s best interest.
4. Spousal Support (Maintenance)
Spousal maintenance in Texas is limited and granted only under specific circumstances:
- The marriage must have lasted at least 10 years, or
- The paying spouse was convicted of family violence within two years of filing, or
- The requesting spouse is disabled or caring for a disabled child, making them unable to earn sufficient income.
Although same-sex couples have equal rights to request maintenance, challenges may arise when there is disagreement about when the “real” relationship began compared to when the marriage was legally recognized.
5. Right to File for Divorce in Texas
Same-sex couples are fully entitled to file for divorce in Texas. However, they must meet the residency requirements. At least one spouse must have lived in Texas for six months and in the county where the divorce is filed for at least 90 days. This can present a hurdle for couples who have recently relocated to Texas and do not yet meet these requirements.
Even if the marriage took place in another state or country, Texas recognizes same-sex marriages legally performed elsewhere, and Texas courts have jurisdiction as long as residency conditions are met.
6. Protective Orders and Enforcement
All divorcing individuals—regardless of gender or sexual orientation—have the right to seek protective orders in cases of domestic violence, harassment, or threats. They also have the right to request enforcement of court orders regarding child support, custody, or property division when the other party fails to comply.
Texas courts can impose fines, wage garnishment, or even jail time for violations of court orders.
7. Discrimination
Same-sex couples may still face discrimination or bias during the divorce process, whether from the legal system or from their ex-partners. Although the legalization of same-sex marriage has advanced LGBTQ+ rights, prejudice and stereotypes can still influence legal proceedings. A knowledgeable attorney can help ensure your rights are protected and that discrimination does not affect the outcome of your case.
Process for Obtaining a Same-Sex Divorce in Texas
The process for obtaining a same-sex divorce in Texas is essentially the same as for opposite-sex couples. One spouse must begin by filing a petition for divorce with the appropriate court, and the other spouse must be formally served with a copy of this petition.
After the petition is filed, the couple must resolve several key issues: division of property, child custody and visitation (if applicable), and spousal support. These issues may be resolved through negotiation, often with the assistance of attorneys or mediators. If an agreement cannot be reached, the case may proceed to trial.
If the case goes to trial, a judge will make decisions on any unresolved matters. Trials can be both time-consuming and costly, so it is generally in the best interest of the couple to resolve as many matters as possible outside of court.
Once all issues are resolved—either through agreement or by court order—the court will issue a final divorce decree, officially ending the marriage.
Tips for Navigating the Same-Sex Divorce Process in Texas
If you’re considering a same-sex divorce in Texas, here are some important tips:
- Prepare for Potential Challenges
Same-sex divorces may involve unique legal or logistical hurdles, especially for couples married in other states or with complex financial arrangements. Be proactive and work closely with your attorney and any necessary experts. - Seek Legal Counsel
Hire a divorce attorney experienced in same-sex divorce cases in Texas. A knowledgeable attorney can provide crucial legal advice, represent your interests, and help ensure that your rights are upheld. - Consider Mediation
Mediation is often a less adversarial and more cost-effective way to resolve disputes involving property, child custody, or support. It can help reduce both emotional stress and legal expenses. - Take Care of Your Well-Being
Divorce can be emotionally draining. Prioritize your mental and emotional health. Lean on friends, family, or professional counseling, and give yourself space to heal and move forward.
Final Thoughts
Same-sex divorce is a complex legal process that benefits from the guidance of an experienced attorney. Issues such as establishing the legal status of the marriage, property division, child custody, and potential discrimination require a deep understanding of both the law and each couple’s individual circumstances. Attempting to navigate these challenges without legal help can lead to serious emotional and financial consequences. An attorney experienced in same-sex divorce can help protect your rights and ensure you are positioned to start the next chapter of your life with confidence.
Contact Us
If you’re in need of Texas-based divorce mediation or a same-sex divorce attorney, Mokolo Law Firm PLLC is a trusted Houston divorce law firm with the experience to achieve the results you and your family deserve.
by Mokolo LawHow Is Child Custody Decided In Texas?
Child custody is one of the most important and challenging processes that parents face during a divorce. Children are often the most valuable shared responsibility for which a divorced couple must make arrangements. There are several types of child custody agreements that a couple may choose from, or that a court may determine to be in the best interest of the child. While joint custody is a common form of split custody, there is often one parent who holds primary physical custody, even though both parents share legal custody. In other situations, the court may find it more appropriate to grant one parent sole custody of the child.
Under Texas law, courts are required to make child custody decisions based on what serves the best interest of the child. Judges encourage parents to first attempt to reach an agreement through mediation. If the parents are unable to resolve matters on their own, a family court judge will intervene.
Factors That Influence Child Custody in Texas
The court considers multiple factors to determine the best environment for a child’s growth and well-being. Some of the key elements that influence the court’s decision include:
- The specific needs of the child
- The parent–child relationship prior to the separation
- Records of domestic violence or other criminal behavior
- The stability of each parent’s home environment
- The quality and continuity of the child’s education
- Each parent’s employment status
The court may also take into account the child’s personal preferences, depending on the circumstances. Using these factors, the judge will determine the most suitable custody arrangement for the child.
Types of Custody in Texas
Texas recognizes three primary types of conservatorship:
Joint Conservatorship
In a joint conservatorship, both parents share custody. This does not necessarily mean the child will spend equal time with both parents. Rather, it means both parents have the right to participate in decisions regarding the child’s moral and religious upbringing, medical care, and other key aspects of their welfare. They also share duties in providing for and protecting the child.
Sole Conservatorship
Sole conservatorship is the Texas equivalent of sole legal custody. In this arrangement, one parent is given the primary right to raise the child and make key decisions regarding their care.
Possessory Conservatorship
A possessory conservator is a parent who has visitation rights. While they can spend time with the child, they do not hold the same decision-making authority as the custodial parent.
Court orders often define parental rights on a case-by-case basis. For instance, even within a joint managing conservatorship, the court may give one parent the exclusive right to determine the child’s primary residence. Ultimately, the court’s objective is to ensure that the custody arrangement serves the child’s best interests.
Rights of a Parent Without Legal Custody in Texas
In accordance with Texas law, a possessory conservator may still retain many rights similar to those of a managing conservator. The specific rights and responsibilities are outlined in the court’s custody order. A lack of decision-making rights does not exempt a parent from responsibilities. For example, even if a possessory conservator has limited authority over the child’s upbringing or medical decisions, they may still be required to pay child support.
Final Thoughts On How Is Child Custody Decided In Texas?
Texas courts typically presume that shared custody is in the child’s best interests. However, this does not mean that all duties must be divided equally. Parents are expected to create a parenting plan that addresses their child’s needs.
Contact a Texas Child Custody Attorney
Working with an experienced Texas lawyer is crucial when dealing with child custody matters. A child custody attorney can assist in negotiating custody arrangements or recommend mediation if discussions break down. At Mokolo Law Firm, we are here to help if you have further questions or need legal support with a child custody case.
by Mokolo LawWhat is VAWA And Who Qualifies in Texas?
The fear of losing legal immigration status and deportation can make some immigrants vulnerable. They remain in abusive relationships just to stay in the U.S., and this can become a powerful tool for abusers to control them. Fortunately, U.S. immigration law recognizes this vulnerability and provides a path to safety and independence through the Violence Against Women Act (VAWA), which has been renewed multiple times since its enactment.
In this blog post, we’ll provide insight into what VAWA is, who qualifies, and how the self-petition process works. This will empower immigrant survivors of domestic violence—who often face immeasurable emotional, physical, and legal challenges—with the knowledge they need to reclaim their freedom and future.
What is VAWA And Who Qualifies in Texas?
What is VAWA?
VAWA stands for the Violence Against Women Act, a U.S. federal law enacted in 1994. It provides vital protections for non-citizens who have suffered abuse by U.S. citizens or lawful permanent residents. One of the most important aspects of this law is the VAWA self-petition, which allows eligible individuals to apply with USCIS for immigration relief without the knowledge, consent, or cooperation of their abuser. VAWA applies to women, men, and children.
Who Qualifies?
Several requirements must be met and proven for an individual to be eligible to apply for VAWA. Eligible persons include:
- Spouses and former spouses (divorced within the last two years) of abusive U.S. citizens or lawful permanent residents.
- Children of abusive U.S. citizens or lawful permanent residents who file before turning 21 (or 25, if the delay is related to the abuse).
- Parents of U.S. citizens aged 21 and over.
- Parents of abused children of a U.S. citizen or lawful permanent resident.
Benefits of VAWA
After receiving a Prima Facie Approval letter, an individual may be entitled to public assistance, including:
- Medicare or Medicaid
- Public Housing
- Food Stamps
- Substance Abuse and Mental Health Services
- Temporary Assistance for Needy Families
- Protection from deportation
- Authorization to work lawfully
- Eligibility to apply for a green card
- Ability to include certain family members in the VAWA petition
Process of Filing for VAWA
You must complete and file Form I-360 (VAWA). You may choose a one-step process by filing the I-360 with the Form I-485 bundle simultaneously. If your abusive spouse is a green card holder, you may need to wait until your priority date becomes current before filing Form I-485.
Step 1: Submission of Your VAWA Application
The first step is submitting all required documents, including:
- Form I-360
- Your attorney’s G-28 form (if applicable)
- Your personal statement
- Evidence of extreme cruelty or battery
- Proof of the bona fides of your marriage (if applicable)
Ensure all required evidence and passport photos are included. There is no filing fee for VAWA applications.
Step 2: Receipt Notice from USCIS
After submitting your application, you will receive a receipt notice within two to six weeks. This confirms that USCIS has received your application. The receipt number can be used to track your case status online.
Step 3: Prima Facie Determination
Within four to six months, you will receive a prima facie determination notice. “Prima facie” means “at first glance.” This notice indicates your case appears to meet the basic eligibility requirements for VAWA, though it does not guarantee final approval.
Step 4: Biometrics Appointment
Around the same time, you will receive a biometrics notice, requiring you to visit a USCIS office to have your fingerprints and photo taken. If you filed for a work permit along with your VAWA application, you may receive it within eight to ten months.
Step 5: Request for Evidence (RFE) or Final Decision
The final stage involves either receiving an RFE or a final decision. An RFE is a request from USCIS for additional information. Although stressful, it offers you the chance to strengthen your case. It typically takes about three years from initial filing to receive a final decision.
During this waiting period, your prima facie determination can be renewed. In some states, it may also allow you to obtain a driver’s license and other benefits.
Documents for VAWA Application
In addition to Form I-360, you will need to include evidence that you meet all the requirements. This may include:
- A written declaration describing your relationship, the abuse, your good moral character, and other relevant details
- Police, hospital records, or court-issued protective orders showing evidence of abuse
- Police clearance records from any city where you lived for more than six months in the past three years, to demonstrate good moral character
- Proof that the abuser is a U.S. citizen or green card holder
- Proof of relationship (e.g., marriage or birth certificate)
- Proof of residence with the abuser
- Proof that you currently reside in the United States
Final Words
VAWA is a critical legal provision that provides protection and support to immigrant survivors of domestic violence. It helps restore confidence, improve safety, and uphold dignity. However, the VAWA application process can be complex and emotionally overwhelming.
If you believe you may be eligible for VAWA but are unsure about any aspect of the process, contact Mokolo Law Firm. Our experienced immigration attorneys will evaluate your case, review eligibility requirements, help gather necessary documents, and guide you step by step to determine your eligibility before proceeding with any immigration filing.
by Mokolo LawHow to Adopt a Child in Texas
In adoption, a child is not given up. A birth mother gives life, a child a family, and unconditional love. She gives a part of her heart that will never feel whole. She gives another mother a part of her heart that was always missing. An adoptive mother gives a life and family to this child. She gives unconditional love. She gives a part of her heart to another mother. Yes, give a lot—just never give up. – Tena Cooper
How to Adopt a Child in Texas: Adopting a child is a whole lot of responsibilities that could bring joy and happiness to a family or an individual. It is also a life-changing decision. The adoption process in Texas is overseen by specific laws and steps created to ensure the best interests of the child and provide support for potential parents. Whether you are adopting an infant or a grown child through the foster care system, having a perfect understanding of the legal requirements, timeframes, and emotional considerations is very important. Adopting a child is a monumental decision, and the process involves much more than signing a few papers. The termination of parental rights by the biological parents is necessary for all types of adoptions. The court might grant the adoption for relatives and stepparents if only one biological parent terminated their rights or if the adoptive parent cared for the child for a specific time.
This article will give you a clear insight into how to adopt a child in Texas, the types of adoption in Texas and the key stages you will have to go through in adopting a child in Texas, from initial preparation to finalizing the adoption in court.
How to Adopt a Child in Texas
Types of Child Adoption in Texas
There are numerous types of adoption in Texas. Learning about all of them will help you to choose the path that’s right for you as an individual or for your family. The type of adoption depends on your circumstances:
- Private domestic adoption
- Relative adoption
- Stepparent adoption
- Foster care adoption
- International adoption
1. Private Adoption
This is usually the most common adoption option for families looking to adopt an infant. The potential adoptive parent will work hand-in-hand with an adoption agency approved by the Texas Residential Child Care Licensing (RCCL) department. This agency will be in charge of conducting a home study and beginning the search for potential matches for adoption. Out of all the different types of adoption in Texas, private infant adoption is the best way to adopt a newborn.
With a private domestic adoption, you would work with a professional to adopt a newborn in Texas. The private adoption agencies provide options for both domestic and international adoption. The laws may differ for international adoption procedures, so having an experienced adoption attorney in your corner can help you stay on top of the legal requirements.
2. Relative Adoption
In some cases, relatives such as grandparents, aunts, and uncles take over a child’s care when their biological parents are unable or unwilling to take responsibility. Normally, one or both parents need to terminate parental rights before an adoption is possible. However, if the child has been in your primary care for a significant amount of time, you may still be able to adopt them legally.
Adopting a child with or without parental consent requires the court to decide whether it is in the child’s best interest. Contact our adoption lawyers to learn more about the termination of parental rights and how it can be a legal hurdle for adoption.
3. Stepparent Adoption
Stepparent adoption is a big step for a blended family. The process starts with you and your spouse petitioning for the adoption and having the biological parent without custody terminate their parental rights. If the child is over 12 years old, you’ll also need their consent before you can adopt them. Even though stepparent adoptions are not like other types of adoptions, every stepparent must understand what is expected of them. Stepparent adoptions can be very straightforward because of the preexisting bond between the adoptee and the stepparent.
Sometimes former stepparents can adopt a child after providing care for at least 6–12 months before filing for adoption. The requirements depend on whether one or both biological parents have terminated their parental rights. You may need to go to court with the help of an adoption attorney.
4. Foster Care Adoption
Adopting through foster care is possibly the most challenging route to adoption, though perhaps the most rewarding. Most children in foster care will be older kids who came from high-risk environments where they experienced abuse or neglect. Whether you are the foster parent or adopting a child out of foster care, there could be a significant waiting period before the adoption is possible.
The purpose of foster care is to provide a child with a safe, temporary home while a state judge decides whether a child’s biological parents can parent them again. The court will require background information on the child and the adoptive parents, including records on the child’s health and education and a criminal history report on the parents seeking the adoption.
5. International Adoption
This is the process of adopting a child or children from another country. Adoptions across international borders are among the most challenging for obvious reasons. The first step in international adoption is usually contacting an adoption agency in the country where the child lives. International adoption agencies usually ask prospective parents to make multiple trips to the country before they are deemed suitable parents.
A child born outside of the United States will also need a visa to enter the country. The visa application process alone can be incredibly challenging and discouraging for parents seeking to adopt internationally. The Hague Convention on Intercountry Adoption must also be followed for any international adoption to be legal.
The Difference Between Child Adoption and Child Custody
Child adoption disconnects the relationship between the biological parent and the child. It terminates the parents’ rights to that child forever. And the child automatically has full inheritance rights to the adoptive parents. If an adoptive parent dies without a will, the adopted child generally inherits as if they were a biological child. They no longer have any financial obligations to the child, no rights to see the child, no rights to stay in touch with the child, etc. This is not the case in a conservator-child relationship (unless a will says otherwise).
Unlike child adoption, child custody does not sever either parent’s parental rights to the child. If a father failed to seek custody—primary or physical—of the child, the mother or other parent would still have custody rights to the child, such as visitation, etc. Sometimes a court gives custody (conservatorship) of a child to someone who is not the biological parent through a Suit Affecting the Parent-Child Relationship (SAPCR).
What is Child Protective Services (CPS)?
Child Protective Services (CPS) is a governmental agency responsible for investigating reports of child maltreatment, determining whether child abuse or neglect has occurred, and intervening to ensure a safe environment for the child. Child Protective Services can also supervise adoptions. Children in these adoptions have been removed from their previous homes because their parents lost their parental rights. Neglect, abuse, or abandonment are common causes of termination of parental rights.
The child is temporarily placed with a foster home after CPS successfully petitions the court to terminate parental rights. A child may be permanently placed with a family in certain circumstances.
Criteria to Meet for Child Adoption in Texas
Prospective parents must meet various criteria to adopt, and it is essential to note that marriage isn’t a requirement:
- Parents must be at least 21 years old.
- Parents must be in good physical and mental health.
- Parents must pass a criminal background check.
- Parents must have the financial means to support the child.
- The adoptive parents must be married for at least two years if married.
Background Checks and Home Study Requirements for Prospective Adoption Parents
All prospective adoptive parents in Texas must pass a criminal background check and child abuse registry screening. A home study is also required to evaluate the adoptive parents’ living environment, financial stability, and overall readiness to care for a child.
The home study process typically involves:
- Interviews with all household members
- A review of financial records and employment history
- A physical inspection of the home to ensure it is safe and suitable for a child
These steps help verify that the adoption is in the child’s best interest and that the adoptive parents are prepared to meet their responsibilities.
The Process of Adoption in Texas
Filing the Petition for Adoption
The adoption process in Texas begins with filing a petition with the appropriate court. This document formally requests legal recognition of the adoption and outlines the adoptive parents’ intent to assume parental rights and responsibilities.
The petition must include:
- The adoptive parents’ personal information
- Details about the child being adopted
- Confirmation that all legal requirements, such as background checks and home studies, have been completed
Rights of Birth Parents in the Adoption Process
For an adoption to proceed in Texas, the child’s birth parents must provide legal consent. Consent involves signing a document that voluntarily terminates their parental rights. Texas law requires this consent to be:
- Signed at least 48 hours after the child’s birth for infant adoptions
- Given freely without coercion or pressure
In cases where the birth parents cannot be located or their rights have been terminated due to neglect or abuse, the court may waive the consent requirement.
Post-Placement Support
The adoptive placement is not the end of the journey; it is a lifelong decision that comes with emotional challenges and rewards. Post-placement support services are available to help birth mothers adjust to life after adoption. Post-placement support is crucial for birth mothers who have chosen adoption. These services may include:
- Counseling and mental health support – Adoption-related grief is normal, and professional counseling can help process emotions healthily
- Ongoing communication (if applicable) – If you choose an open or semi-open adoption, you may receive updates and maintain contact with the adoptive family
- Financial support (where applicable) – Some agencies offer post-placement assistance to help with transition-related expenses
Finalization of Adoption Process
An attorney will arrange a court date to finalize the adoption. This involves completing all necessary legal paperwork, including obtaining a new birth certificate for the child with your name listed as the parent. Once the adoption is finalized, the child becomes a legal member of your family.
Final Words
Adoption is not always easy, but it is well worth the effort when you have realized your dreams of becoming a parent. The adoption process in Texas can be complex and overwhelming, but it can also be a wonderful way to complete your family. By understanding the legal requirements and the steps involved in the adoption process in Texas, you can ensure that your adoption journey is a success.
Contact Our Adoption Attorneys in Texas Today
To learn more about the adoption process and your options, you can contact the adoption attorneys at Mokolo Law Firm. We will give you objective advice about what is best for you and how the legal process works. Our skilled adoption attorneys have helped many prospective parents adopt over the years. We are deeply familiar with the legal requirements of the adoption process in Texas, and we’re well-positioned to help you bring your family together in the way you envision.