Ensuring that the prenuptial agreement is valid and capable of withstanding legal scrutiny during divorce proceedings, however, is critical. Couples negotiating prenuptial agreements sometimes rush through the process and make major mistakes that can ultimately render their agreements unenforceable. Some of the most common errors that can render a prenup useless include the following:

• Using one attorney for both spouses

• Downloading forms from the internet that do not satisfy specific Texas requirements

• Focusing on personal matters, such as weight gain or the frequency of marital intimacy

• Addressing issues that cannot be controlled through a prenup, such as child support

• Establishing lopsided terms that favor one spouse to the detriment of the other

Strong prenuptial agreements generally need to focus primarily on the practical expectations for the marital relationship and the economic separation of the spouses in the event of a divorce, but boilerplate forms often lack necessary specifications or customization. 

There are many parts of a marriage that prospective spouses might want to discuss beforehand, but it is best to keep a prenuptial agreement focused on financial issues such as property division and alimony. Courts are reluctant to delve too deeply into lifestyle matters and must make decisions on custody and child support based on the best interests of the youths involved, not what parents agreed to beforehand. 

Each prospective spouse should have an attorney representing them to ensure that the terms of the agreement are reasonably fair. This arrangement should avert potential attempts to have the document thrown out because one spouse says they did not understand its terms. Separate representation also limits the likelihood of unconscionable language that prioritizes the protection of one spouse at the expense of the other, which can also cause a court to invalidate an agreement. 

An experienced attorney can provide guidance to ensure that the terms set in a prenuptial agreement reflect the actual expectations of the engaged couple and are likely to be enforced if the marriage ends in a divorce.

Residents of North Texas can discuss their concerns and draft effective prenuptial agreements with the help of the legal professionals at Grob & Associates Law Firm PC. To schedule an initial consultation at our Rockwall or Wylie location, please call 972-777-5701 or contact us online. 

Previously, the Texas Family Code granted standing to adults who spent at least six months providing actual care for the child(ren) at issue. This standard reflected many situations where a family member, step-parent or nonmarital partner shared child-rearing duties with one of the youth’s legal parents. 

However, a major change has occurred. Instead of actual care, control and possession of a child, the law now requires six months of exclusive care for a nonparent to have legal standing. An adult who shared an equal caregiving role with a youth’s legal parent seemingly will not have the ability to petition for custody or visitation rights, regardless of their emotional bond with the child. This shift is designed to reduce third-party custody litigation except in the most compelling circumstances where a nonparent acted as sole caregiver for an extended period of time.

Another major revision eliminates the longstanding provision that allowed a step-parent or non-biological partner to pursue custody upon the death of the legal parent with whom they lived. This shift in Texas family law strengthens the rights of biological parents even when their son or daughter primarily lived with someone else. Blended families might want to consider proactive steps to establish a legal relationship through adoption and termination of the parental rights of a biological mother and father who is not a part of the child’s life.

Texas has also made the Expanded Standard Possession Order (ESPO) the default schedule when parents live within 50 miles of each other. This framework for access and possession offers additional time for noncustodial parents to spend with their children. Previously, a parent had to affirmatively elect ESPO, which it provides Thursday overnights and extended weekend possession. Under the 2025 update, courts start with ESPO automatically unless the evidence shows it would be impractical or inappropriate. 

Grob & Associates Law Firm PC in Rockwall and Wylie advises North Texas residents on child custody issues and other family law concerns. For a consultation, please call 972-777-5701 or contact us online. 

Hakan Oksuzler worked for Bank of America and had been married to his wife, Lauren, since 2010. As part of his job, Hakan received an annual bonus that was linked to both his performance and the company’s. The bonus typically included both cash and stock, and was awarded around February 15 of the following year. 

Sometime in November 2019, Hakan’s manager recommended a bonus totaling $140,000 in cash and equity. This amount was approved by the bank’s board of directors in January 2020 and presented to Hakan the next month. On December 9, 2019, the divorce between Hakan and Lauren Oksuzler was finalized. However, a dispute still existed about the disposition of the 2019 bonus. Both the trial and appellate courts ruled that because the award was made after the marriage, it should be classified as separate property. 

In a case captioned In re J.Y.O., the Supreme Court of Texas reversed that holding. The justices stated that because the discretionary bonus was earned by Hakan for work performed during the marriage, it is considered community property. According to the decision, salaries and bonuses are dated according to when the right to the compensation arises, not when the payment is actually made. To support this principle, the Court noted that if the date of payment were used, divorcing spouses could game the system during a property division dispute by deferring compensation until the marriage was legally dissolved. 

Before you start the divorce process, you should speak with a knowledgeable Texas attorney regarding the disposition of community property and any potential conflicts about whether a particular item is a separate asset.  

Grob & Associates Law Firm PC in Rockwall and Wylie provides strong advocacy for North Texas residents who are going through a divorce. Please call 972-777-5701 or contact us online to schedule an appointment. We offer a free consultation for family law matters.    

Under the Texas Family Code, parental rights can be terminated if a mother or father has “engaged in conduct, or knowingly placed the child with persons who engaged in conduct, which endangers the physical or emotional well-being of the child.” The case titled In the Interest of N.L.S. and E.J.C. involved a five-year-old boy referred who showed up at a neighbor’s house hungry because he had been left at home all alone. Later on, the boy’s mother came home with her other child, an infant girl. Upon investigation, N.L.S. and his sister, E.J.C., were taken into custody of the Department of Family and Protective Services. The children’s mother was found to have a drug problem and previous issues relating to child neglect. 

The incarcerated father of N.L.S. said he was part of the boy’s life, but had spent much of the five years in prison for a wide range of crimes. Overall, he had been convicted of 12 offenses since 2008, which included drug offenses, burglary and two instances of family violence involving victims from other relationships. A DFPS caseworker interviewed him several times and he did not seem to know basic information about his son. He did make statements indicating his awareness that the mother of his son was not a fit parent. 

Based on his pattern of escalating, repeating convictions and the nature of his crimes, the Court affirmed the decision to terminate the father’s parental rights. The justices also pointed how he knew that N.L.S. was endangered by living with is mother yet did not make an effort to remove the boy from her care. Conduct that inadvertently endangers a child’s well-being is sufficient grounds for termination.

This decision serves as a crucial reminder of the comprehensive approach Texas courts take regarding child welfare and parental responsibilities. For parents, it signals the urgent need to be proactive about addressing situations where their children’s physical or emotional health is at risk.

Grob & Associates Law Firm PC in Rockwall represents North Texas clients in all types of family law proceedings. Please call 972-777-5701 or contact us online to schedule an appointment. We offer a free consultation for family law matters at our Rockwall and Wylie locations.