Interstate Jurisdiction : Child Custody across State Lines
During the Holiday season many Texas parents become very concerned over sending their child to the non-primary conservator parent’s home for a visit. Many Children will cross state lines to see their non-primary conservator parent and there is always a fear that the child may not be returned to his/her home state. What can you do if this does happen?
The State of Texas follows a uniform law regarding determination of appropriate state jurisdiction in custody matters known as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and related statutes which enforce or set procedures regarding proper jurisdiction such as the Parental Kidnapping Prevention Act. Texas has adopted these statutes. The Uniform Child Custody Jurisdiction Enforcement Act defines which state has or may maintain jurisdiction in a particular case and often mandates that other states recognize decisions handed down by the state determined to have jurisdiction.
The Act states, among other things, that a court may rule on custody issues if the Child:
• Has continually lived in a home state for 6 months or longer
• Was living in the state before being wrongfully taken elsewhere by a parent seeking custody in another state
• Has an established relationship with people (family, relatives or teachers), ties, and attachments in the state
• Has been abandoned: or is safe in current state, but could be in danger of neglect or abuse in the home state
How can Continuing Exclusive Jurisdiction be lost?
1. When A Texas Court determines that neither the child, or a child and one parent have a significant contact with Texas, and substantial evidence is no longer available in Texas concerning the child’s care, protection, and personal relationships
2. Texas or another state determines that the child and the child parents do not presently reside in Texas.
What about Jurisdiction to Modify an Existing Order?
In the absence of temporary emergency jurisdiction, Texas cannot modify a child custody decision made by another state’s court unless or until a court of this state has jurisdiction to make an initial custody determination and one of the following occurs:
1. Another State determines it no longer has continuing jurisdiction or finds that Texas would be a more convenient forum.
2. A court determines that the child and the child’s parents do not presently reside in the other state.
What about Temporary Emergency Jurisdiction?
Temporary emergency jurisdiction is reserved for very extraordinary circumstances. The court has and may assert jurisdiction only when a child is present in the state and has been abandoned or is in need of protection because of a threat or subjected the child to mistreatment or abuse.
When involved in an international child custody case where the child has been abducted or is wrongfully retained, the issue may be determined if the International Child Abduction Remedies Act, 12 USC Section 11.601-11610, of the Hague Convention, is applicable. If so, The US State Department Office of Citizen & Counselor Services should be contacted or any attorney may file suit for return of the child.
These interstate jurisdiction cases are very intensive. Get to a knowledgeable interstate jurisdiction attorney and assert your rights quickly. Protect you and your child’s rights to have a normal child/parent relationship without the fear of abduction!
Texas and Federal Confidentiality Laws: Use Caution with Your Texas Divorce
There are many legal and proper ways to obtain proof of a spouse’s infidelity. Take care to avoid tactics used to obtain private information that may violate federal and Texas confidentiality laws and a spouse’s right to privacy. You may be tempted by others to obtain proof of a partner’s infidelity by various inappropriate and/or illegal methods. Reading emails, recording telephone calls, installing spyware or geographical tracking devices or even setting up hidden cameras are just a few methods a spouse may be offered when entertaining the thought of catching a cheating spouse. However, such actions may expose both parties and their attorney to civil liability and possible criminal penalties. Under Texas law, it is a crime to install a geographical tracking device on a vehicle owned by another person. When emotions are running high, it is imperative that you seek proper counsel as to the proper legal action to be taken when establishing facts.
Both federal and state wiretapping laws apply to divorcing spouses. A spouse may sue the other spouse or their agents for invasion of privacy. Federal law regulates electronic surveillance of conversations and access to emails, faxes and voicemail. The law imposes civil and criminal sanctions for intentional interceptions of electronic communications. However, accessing email after it has been transmitted, i.e. downloading a text from your telephone or email from the hard drive of a family computer, is not an offense under the Federal Act. Texas has laws that also prohibit the interception of communications. Under such laws, counsel may also be held liable if they disclose information received from the intercepted communications provided by their clients.
Federal and Texas laws both allow recording of telephone calls and other electronic communications with the consent of at least one party to the communication. Under the one-party consent statutes, a spouse may record conversations in which he or she is participating. This has been extended to include parental recording of a child’s conversations with a third party, including the other parent. The parent can consent to the recording on behalf of the child so long as the parent has a good faith objective and a reasonable belief that it is in the best interest of the child, even if the child is unaware of the recording.
It is important that a spouse take great care in their means and methods of gathering information. Information obtained by illegal means can expose one, even if he or she is a spouse, to civil liabilities and possible criminal prosecution. Texas recognizes that every person has a certain right to privacy. Such right is violated if a person intentionally intrudes upon the private affairs of another by offensive means. Accessing stored email or secretly recording a spouse can be a violation of a spouse’s right to privacy. If a suit is filed, the damaged spouse may recover monetary damages, including punitive damages.
For answers to your questions on gathering information for your Texas Divorce, contact Dallas Divorce attorney Mark Nacol with the Nacol Law Firm, P.C.
High Asset Divorces: Business Evaluations
A High Asset Divorce in Texas can be a complex process, especially when high-value assets like Corporations, Limited Liability Companies, Partnerships or other Business Entity are involved. In Texas, which follows community property laws, determining the value of a business is a crucial step in ensuring a fair division of assets. This process, known as business valuation, helps establish the worth of a business for equitable distribution between spouses.
What Is a Business Valuation?
A business valuation is a financial analysis that determines the economic value of a business. This is especially important in a divorce when one or both spouses own a business, and its worth must be assessed to divide assets fairly. Valuation experts use financial records, market trends, and various methodologies to establish a business’s value.
When Is Business Valuation Necessary?
Business valuation is necessary in a Texas divorce when:
- The business is classified as community property (owned by both spouses, even if one spouse primarily operates it).
- One spouse seeks to retain ownership and must compensate the other for their share.
- The business needs to be sold, and its value must be determined for proper distribution.
- There are disputes over the true worth of the business.
Who Is Qualified to Conduct a Business Evaluation?
In a high asset divorce, a business valuation should be conducted by a qualified financial expert with experience in divorce-related valuations. The following professionals are typically qualified:
- Forensic Accountants
- Specializes in tracing assets and analyzing financial records.
- Can identify hidden assets or income.
- Certified Public Accountants (CPAs) with a Business Valuation Credential
- Look for CPAs with additional credentials such as:
- Accredited in Business Valuation (ABV) – issued by the AICPA
- Certified Valuation Analyst (CVA) – issued by NACVA
- Certified Business Appraiser (CBA) – issued by the IBA
- Business Appraisers
- Specialize in evaluating privately held businesses.
- May hold designations such as ASA (Accredited Senior Appraiser) from the American Society of Appraisers.
- Economists or Financial Analysts
In cases involving complex financial structures, economists with experience in valuation can assess the long-term economic impact.
- Industry-Specific Experts
If the business is in a specialized industry (e.g., medical practice, law firm, tech startup), an industry expert may be necessary to assess market value.
The cost of a business valuation in a high-asset divorce in Texas can vary significantly based on factors like business complexity, expert credentials, and whether litigation support is required. Here’s a general breakdown of what you can expect:
Basic Business Valuation (Small, Simple Business)
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- $5,000.00 – $15,000.00
- Typically used for small businesses with straightforward financials, such as a sole proprietorship or single-member LLC.
Standard Business Valuation (Medium-Sized Business)
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- $15,000.00 – $30,000.00
- Includes businesses with multiple revenue streams, moderate assets, or industry-specific complexities.
Comprehensive Business Valuation (High-Asset, Complex Businesses)
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- $30,000.00 – $100,000.00+
- Necessary for businesses with complex financial structures, partnerships, intellectual property, or hidden assets.
- Includes forensic accounting, expert witness testimony, and detailed reports for court.
Additional Costs to Consider:
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- Forensic Accounting: $250.00 – $600.00 per hour
- Expert Testimony: $400.00 – $1,000.00 per hour (if the case goes to trial)
- Document Review & Discovery: Additional $5,000.00 – $20,000.00+ depending on the volume of records
If the divorce is contested and involves disputes over business valuation, costs can escalate due to prolonged litigation and expert testimony requirements.
Key Methods of Business Valuation
Experts use different approaches to assess a business’s value, including:
- Asset-Based Approach
This method calculates the value of a business by assessing its total assets minus liabilities. It is particularly useful for companies with significant tangible assets, such as manufacturing or real estate businesses.
- Income-Based Approach
This approach evaluates the business’s earning potential by analyzing past income, projected future earnings, and financial statements. Two common methods within this approach are:
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- Capitalization of Earnings: Used when a business has stable, predictable income.
- Discounted Cash Flow (DCF): Estimates future cash flows and discounts them to their present value.
- Market-Based Approach
This method determines the business’s value by comparing it to similar businesses that have recently been sold. It is often used when industry sales data is available and reliable.
Factors That Impact Business Valuation
Several factors can influence a business’s valuation, including:
- Revenue and profitability: A highly profitable business is usually valued higher.
- Market trends: Economic conditions and industry growth affect valuation.
- Debt and liabilities: More liabilities reduce the overall value.
- Ownership structure: Whether the business is solely or jointly owned impacts valuation.
- Goodwill and brand reputation: The business’s reputation and customer loyalty contribute to its worth.
The Role of a Business Valuation Expert
A certified business appraiser or forensic accountant is typically hired to conduct the valuation. Their role includes:
- Reviewing financial documents (tax returns, profit and loss statements, balance sheets, etc.).
- Investigating potential hidden assets or underreported income.
- Applying appropriate valuation methods.
- Providing a detailed report and potentially testifying in court.
How Business Valuation Affects Property Division
Once the valuation is complete, the business can be handled in a few ways:
- One spouse buys out the other: The spouse who keeps the business compensates the other for their share.
- Selling the business: The proceeds are divided between both spouses.
- Co-ownership: In rare cases, ex-spouses may agree to continue running the business together.
Challenges in Business Valuation
Divorces involving business assets often face complications such as:
- Disagreements on valuation methods.
- Hidden income or financial manipulation.
- Business debts impacting valuation.
- Determining community vs. separate property (whether the business was started before or during the marriage)
In a Texas divorce, business valuation is essential for an equitable division of assets. Hiring an experienced valuation expert ensures that the process is fair and transparent, protecting the financial interests of both parties. Whether you’re a business owner or a spouse seeking your fair share, understanding how business valuation works can help you navigate the divorce process more effectively.
If you’re going through a divorce involving a business, consulting with a Texas divorce attorney and valuation expert is crucial for ensuring a just outcome.
Dallas High Asset Divorce Attorneys
Nacol Law Firm P.C.
(972) 690-3333
Texas Divorce / Texas Child Support Questions and Answers
Q: How Much Is Texas Child Support ?
A: See our Infographic Below
Q: How long is the divorce process ?
A: In a Texas divorce there is a waiting period of a minimum of 60 days from the time you file the Original Petition commencing the lawsuit to the time the divorce may be finalized. Few divorces are finalized in this time-period. It is more likely that an uncontested divorce will take approximately 3 to 6 months and a contested divorce will likely will take much longer depending on the issues and conduct of the parties.
Q: Do my spouse and I both have to hire attorneys?
A: No. But it is certainly in your best interest to hire an attorney for a consultation purposes and to review legal documents for your own protection. An attorney should not in the vast majority of cases represent both parties, so if one attorney is involved he or she will under law be looking out for the best interest of the client that hired him/her, while the other party is representing themselves (pro se).
Q: Will I have to go to court?
A: If the spouses reach agreement, one party will have to appear in Court. Often times, when the parties have worked out their own settlement, that agreement is signed by each of you and submitted to the court with only one party making a personal appearance to state to the Court that the agreement has been reached and to establish statutory requirements. If, on the other hand, you and your spouse cannot come to an amicable settlement through this process, you will both have to appear in court, and often on many occasions.
Q: Should I Move Out of the Marital Residence?
A: Be sure to consult with an attorney before leaving the marital residence. Leaving the home may be viewed as abandonment or actually declaring a new residence, especially if you are taking personal items with you (clothing, automobile, sentimental possessions, etc.). If children are involved issues may arise as to who currently has or should have primary possession of the children. Once you have voluntarily left the home, it may be difficult to move back in or obtain orders for primary or temporary possession.
Q: How Do I Get a Divorce?
A: Before getting divorced you or you and your spouse should decide that you absolutely want and need the divorce. Even though in the divorce process prior to final judgment everything is reversible, it is important that you realize that the road is sometimes very long and can be a difficult one to travel.
Q: What if I Do Not Want a Divorce?
A: The advent of a divorce is something that slowly builds. You may want to consult with your spouse about placing things on hold while you receive counseling. However, the need for a divorce is rarely something that happens over night. Your spouse may have made his or her mind up long ago that divorce is the only option. If your spouse has filed for divorce, you have no choice. The most important thing for you to do if your spouse has filed for divorce is promptly seek proper legal advice.
If your spouse has significant assets and you feel they may be considering divorce seek legal advice immediately. You may want to do some pre-planning to make sure you have complete copies of original and final documents and know where all the marital assets are located and to assure their status. Do not give your spouse time to stash, spend away and/or hide assets.
Q: Can You Modify Child Support Orders?
A: Making changes to an existing child support order is not uncommon. Most states will not allow a request for modification on a child support order unless a time-period (of 2 to 4 years depending on the state) has passed since the order was put into place. Keep in mind that child support orders cannot be increased or decreased on a whim. In Texas, you must show a change in circumstances. However, if the person paying child support’s income has gone up or down more than 25% you can request a change. IMPORTANT NOTE: If you agree to no child support in your first order (Final Decree) and your spouse has a significant income at that time, you may have waived a statutory right to future child support unless the income level at the time of the existing order increases or decreases significantly.
Q: Can I Deny My Ex-spouse Visitation, Possession or Access?
A: You can not and should not deny visitation or possession, unless the Court has modified the visitation or possession to allow it! Denying visitation or possession is one of the biggest mistakes made by most primary custodial parents – it is an act of contempt in Texas. You may believe you have a justifiable reason for denying the visitation or possession rights, but by law your are not permitted to do so absent extraordinary circumstances, usually involving gross neglect or physical abuse.
Q: How Do I Get Custody of My Child(ren)?
A: The first and most important step to getting custody of your child(ren) is to be an involved and hands-on parent and to be honest. Being a great parent is not always the easiest task during divorce, but it is important to carefully consider each and every action you take during a divorce and how it may or may not effect the child(ren). You will also need good legal representation. Child custody issues can become ugly and complicated no matter how good your intentions may be. Make sure you are prepared. Document everything.
Q: What if I Do Not Like the Judges Decision?
A: The purpose of the ruling is to establish what exactly should be stated in the Final Divorce Decree. Once the attorneys have drafted the Final Divorce Decree and both parties have agreed that it coincides with the ruling, it will be presented to the Judge for signing. Once the parties have agreed and signatures are signed, you will have to live with the decisions. If the divorce is highly contested and the Judge rules and you are unhappy with the results, you have only a small window to appeal the decision or request a new trial.
Q: What is Fair Spousal Support or Alimony?
A: If you and your spouse can not come to agreement on the need for or amount of spousal support to be paid, the length of time, and under what conditions, the spousal support will most likely be set by a Judge according to Texas law.
Getting a Divorce from Your Addict Spouse
Has the time come to seriously start thinking about divorcing your Addict Spouse? After much heartbreaking soul searching has the time to break the downhill addictive spiral come for you and your family? Have you decided to stop the instability and damaging personal assaults the addictive spouse and parent has inflicted on the entire family?
Here are some possible questions you may ask yourself before making the final decision of divorcing your Addict Spouse:
- Have you acknowledged to yourself that your spouse is an addict?
- Have you acknowledged to your spouse that he/she is an addict?
- Has your life and that of your family become chaotic and unstable as a result of living with an addict?
- Have you gotten help for yourself and your spouse from an addiction expert?
- Have you attended counseling with your spouse and a knowledgeable addiction therapist?
- Have you or your family experienced serious negative consequences as a result of your spouse’s addiction?
- Have you considered or tried an intervention?
- Have you told your addict spouse that you are contemplating divorce unless he/she stops using?
- Are you now ready to leave the marriage and stop the pain?
You do not have to live in this current situation. Are you, as the non-addictive spouse, already the enabler in this relationship? Many times when the addictive spouse does seek professional help it is already too late for the marriage to survive.
If you have a family, addictive reality is very destructive to you and all family members involved. Most non-addictive family members feel very helpless in stopping the family unit from being destroyed or addressing the viability of the marriage.
(credit : National Institute on Chemical Dependency: http://nicd.inspirehealth.org/)
NACOL LAW FIRM P.C.
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Suite 1190
Dallas, Texas 75231
972-690-3333
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization
