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Bryan Texas Family Law Blog

Are second and third marriage more likely to fail?

Traditional marriage may be a thing of the past, as more and more people in the United States are entering into marriage for the second or third time. You may have considered your first marriage a ‘trial run’ and feel more confident about tying the knot a second time. People file from their first divorce at an early age and are more likely to get married again as they go through life. Studies show, however, that the divorce rate among second and third marriages are higher than those of first marriages. Statistics from the Center of Disease Control and Prevention show that more than 50 percent of first marriages end in divorce, 67 percent of second marriages and 73 percent of third marriages. For some, this may seem counterintuitive, as you may feel that your marital relationships would become stronger as you gain more worldly experience. What is the cause for this divorce rate increase?

One reason is that you may be less likely to stay in an unhappy situation for a long period of time. During the first marriage, you may be more likely to stay and attempt to make the marriage work. You may recognize the signs that the marriage is failing, since you have experienced it previously, and be more prepared to jump out of the marriage if things do not work out.  

3 reasons you may want to take a paternity test

You work hard for the things you have in life. Not only have you pursued a fulfilling career, but you have also created the family you want. Whether or not you married the mother of your son or daughter, you want to be there for your child. 

As you probably know, fathers sometimes face an uphill battle in Texas family law courts. Millennia of indoctrination have persuaded some in society that mothers tend to be better caregivers. That, of course, defies logic. Still, if you plan to pursue either exclusive or shared custody of your child, you must have as much information as possible. Here are three reasons you may want to take a paternity test before your child custody case begins. 

Will you pay manimony when you divorce?

A new kind of spousal support is taking America by storm. Its nickname is manimony. If you are a married Texas woman contemplating a divorce and you earn more than your husband, you may find yourself paying him manimony for several years.

As explained by Wife.org, manimony constitutes the newest form of alimony, the name for which has morphed into spousal support over the years as women climb ever further up the corporate ladder or found lucrative companies of their own. True, only about 10 percent of divorcing husbands receive manimony today, but that number is sure to continue rising.

How the court views the better parent

Texas courts generally prefer that both parents take part in their children’s lives. If your case goes before a judge, their focus is on what course of action represents the best interest of the child. At the Law Office of Brian Turner, we often represent clients who must fight for fair or sole conservatorship of their child.

According to LiveAbout, the court may mandate a specific arrangement or modification if an existing custody arrangement is unsatisfactory or an agreeable compromise is unattainable. In circumstances where there is joint custody, and you want sole custody, proving you are the better parent is challenging.

Paternity fraud and its consequences

Paternity fraud, which occurs when the mother of a child misidentifies a man as the father of her child, is a growing concern in Texas and the greater United States. Sometimes, paternity fraud occurs by accident, when a mother thinks she knows who the real father is and names that person on the birth certificate. Other times, paternity fraud is deliberate. In the latter situations, a mother knowingly names the wrong man on her child’s birth certificate in the hopes of reaping the support benefits of an uninvolved biological father. In either instance, both the man and child end up suffering, which is why the courts attempt to identify and stop instances of fraud as quickly as possible.

Identigene details the most common ways in which parents attempt to fraud the system. The most common type of paternity fraud occurs when the mother swabs her own mouth and tries to pass her DNA off as the alleged father’s. Fortunately, legitimate labs look for the gene, which determines the sex of test participants. If a mother swabbed in place of the father, lab technicians would pick up on the discrepancy in sex and order both parties to submit new swabs. Quality labs also look for similarities in DNA between mother and father. If a mother and alleged father’s DNA match, the lab would order a retest.

Why fathers should fight for more custody

If you are fighting for parenting time or joint custody during your divorce, you can feel good about the fact that research is on your side. According to a study by Stockholm University, shared custody is less stressful for children than living with one parent.

As long as your ex is not dangerous or completely incapable of being a fit parent, chances are the court will seek to establish some sort of co-parenting arrangement. But you can fight for equal or even more time with the kids. Here are some reasons why it is good for you to get a substantial amount of visitation or custody.

Do the holidays have to be stressful when co-parenting?

Whether this is your first year after your divorce or another of several holiday seasons you went through as a single parent, you may know by now that the holidays can be stressful. You might feel nostalgic for happier days with your family before your divorce, or fights between you and your ex may sour your holiday spirit. Like many other Texas residents, you might even dread this time of year.

As FindLaw explains, it can be hard to get through the holiday season when you share parenting time with your ex. You might have your children this Thanksgiving, but it’s your ex’s turn to have them on Christmas, which can make this time of year difficult and sad. The following tips could help you build happy holiday memories with your children:

  • Remember to think about your children’s needs and emotions first.
  • If you and your ex get along reasonably well, consider spending the holidays together.
  • Plan to have a special holiday with the kids on a different day, such as a Thanksgiving dinner the week before Thanksgiving or your traditional festivities on Christmas Eve instead of Christmas morning.
  • Invent a new tradition your children can enjoy with you, such as buying presents for a needy family.

There is hope as a Texas father

You may have had an abusive relationship. You could have had expectations from your marriage that your partner ignored or left unfulfilled. It is even conceivable that someone challenged your paternity itself. Regardless of your misfortune, you should know that you are far from alone. Many men in Texas go through similar hardships every year to survive — and even thrive.

The state courts here are still not as favorable towards fathers in family law matters as judicial systems are in some other jurisdictions. That is why, here at the Law Office of Brian Turner, we work to guarantee fathers have access to all the rights they deserve.

Do children need equal time with their fathers?

You would probably agree with the idea that Texas kids need a variety of good role models to grow up into healthy, happy adults. The state family law courts might see your custody negotiations from a different perspective. As a father, you could struggle to get the minimum visitation time your child needs in order to grow up strong.

When you consider tradition, it is no surprise that courts often tend to side with the mothers in divorces. However, times are changing, and your child's situation probably calls for more consideration. You might have to fight hard, but your child's future is worth the effort.

Can you lose your license for failure to pay support?

The state of Texas takes child support very seriously. If a court has ordered you to pay child support, you must do so. If you fail to do so, you face many serious penalties, one of which is the revocation of your driver’s license.

As the Texas Department of Public Safety explains, once it receives notice from the Attorney General’s office of any Texas court ordering such license revocation, it will in fact revoke your driving privileges. You will not be able to legally drive unless and until the AG’s office or a court submits an order to the DPS vacating the order of revocation.

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