Nguyen & Malik, PLLCNguyen & Malik, PLLC2026-10-21T08:46:16Zhttps://www.nguyenandmaliklaw.com/feed/atom/WordPress/wp-content/uploads/sites/1504614/2025/07/cropped-NM_FAV-32x32.pngOn Behalf of Nguyen & Malik, PLLC<![CDATA[Is paternity testing invasive or risky?]]>https://www.nguyenandmaliklaw.com/?p=2534642026-10-16T08:46:57Z2026-10-21T08:46:16ZWhen a married woman has a child, there is a legal presumption that her husband is the father of the child. For unmarried couples, establishing paternity through paperwork or genetic testing is typically necessary.
Sometimes, one parent may question the need for genetic testing. In some cases, a parent may use concern about medical consequences as a justification to refuse genetic testing to establish paternity. The testing process requires samples from both parents and the child for the most accurate results.Some people may worry about the risks and potential side effects of medical testing. Does genetic paternity testing expose parents are children to unnecessary medical risk?
Prenatal testing carries some risk
Testing while a woman is pregnant can potentially lead to medical complications in rare cases. Any procedure that must secure genetic materials from an unborn child can increase the risk of complications during the pregnancy, including spontaneous miscarriage.While tests are now safer than they were a decade ago, there is still enough risk that parents can potentially decline testing based on concerns for the unborn child. However, genetic testing of an infant or child poses nearly zero medical risk. The process involves a cheek swab, not even a blood draw. As such, parents generally cannot refuse genetic testing after the birth of the child based on claims of risk.Those hoping to establish paternity and navigating other child custody legal issues may need help asserting themselves and navigating the legal system. Hiring a family law attorney can be an important step for those facing a custody dispute or a disagreement related to paternity testing.]]>On Behalf of Nguyen & Malik, PLLC<![CDATA[When is an inheritance at risk during a divorce?]]>https://www.nguyenandmaliklaw.com/?p=2534612026-10-06T10:16:46Z2026-10-09T22:21:36Zincludes inherited assets in the short list of property that could remain separate.
When is property inherited by one spouse during their marriage vulnerable to division during a divorce?
When commingling occurs
When one spouse receives an inheritance, they can keep the money or property they receive separate from the marital estate. They may need to open a separate bank account or take other steps to ensure they do not treat the inherited resources as marital property.
Depositing the money into a joint account, adding a spouse to ownership paperwork or otherwise giving them direct control over inherited property could constitute commingling. There may be questions about whether those assets have become part of the marital estate due to treating them as marital property. If one spouse can show that commingling did occur, then the inheritance may be part of the marital estate and subject to division.
Reviewing financial records with a lawyer can help people determine if they have resources they can protect as separate property. People who understand the law and the property division process can plan more effectively for adivorce.]]>On Behalf of Nguyen & Malik, PLLC<![CDATA[When is spousal support a reasonable expectation?]]>https://www.nguyenandmaliklaw.com/?p=2534512026-09-24T07:23:13Z2026-09-29T07:21:15ZWith dual-income households increasingly common and traditional marital roles evolving, many people assume that alimony is no longer a reasonable expectation in modern times. Yet spousal support remains an important part of divorce law.
Depending on a divorcing couple’s circumstances, requiring one spouse to provide financial support to the other may still be appropriate.
Alimony is sometimes still reasonable and/or necessary
One common situation – in which alimony remains a reasonable expectation – involves a significant income disparity. If one spouse earns substantially more than the other, an immediate transition to complete financial independence may not be realistic. This can be especially true after a lengthy marriage in which a couple established a particular financial arrangement.Career sacrifices also matter. One spouse may have left the workforce, reduced working hours or declined promotions to raise children or support the other spouse's career. After years away from full-time employment, that person may need time to develop skills, pursue education or rebuild earning capacity. Temporary or rehabilitative support may help make that transition possible.Age and health can also influence whether support is reasonable. A spouse divorcing later in life may have limited opportunities to establish a new career before retirement. Similarly, health problems or disabilities can affect a person's ability to become self-supporting.Sometimes, spouses even proactively craft a spousal support arrangement to allow one spouse to buy out the other’s share of a business, home equity, etc. Spousal support is not necessarily intended to provide a recipient with a permanent substitute for employment. Depending on applicable law and individual circumstances, support may last for a limited period, continue longer after a lengthy marriage or sometimes be unavailable altogether.For couples currently considering divorce, an experienced family law team can evaluate whether spousal support is a realistic expectation, estimate how various factors may affect an award and help pursue an arrangement that reflects the financial realities of the divorcing spouses at issue.]]>On Behalf of Nguyen & Malik, PLLC<![CDATA[Is proof of misconduct necessary for a Texas divorce?]]>https://www.nguyenandmaliklaw.com/?p=2534412026-09-22T07:21:50Z2026-09-25T18:48:26ZTexas allows no-fault divorces too
Those filing for divorce in Texas have the option of either pursuing a no-fault divorce or a divorce sought on fault-based grounds. The need to prove misconduct for a fault-based divorce adds another layer of complexity, which can increase the divorce timeline and the cost of the divorce.
Even those who have some documentation of marital fault might choose a no-fault divorce because it reduces the level of conflict between the spouses and the possibility of the responding spouse defending against allegations of conduct. In Texas, the grounds for no-fault divorce are insupportability, which means the marriage cannot continue, or a lengthy mutual separation.
The long-term confinement of one spouse to a mental hospital can also be grounds for divorce. If the Texas family courts also do allow divorce based on claims of cruelty, adultery, abandonment or a felony conviction.
Exploring possible timelines and estimated costs for both fault and no-fault divorces can help people choose the best path forward as they prepare to file for divorce. Lawyers can often help spouses make decisions based on their long-term goals, rather than their desire for emotional vindication.]]>On Behalf of Nguyen & Malik, PLLC<![CDATA[What are the differences in an empty-nest divorce?]]>https://www.nguyenandmaliklaw.com/?p=2534172026-09-17T11:04:57Z2026-09-25T11:03:53ZAn empty-nest divorce happens after the children move out of the house, when the parents decide that it is also time for them to bring their marriage to an end. Researchers have noticed a recent trend of empty-nest divorces, so it is worth considering how this can affect the case.The first and most obvious impact is that, because the children are now adults who do not live at home, child custody considerations usually will not apply. Even if the youngest child is still just an 18-year-old college student, parents do not need to establish a formal custody order regarding parenting time or legal decision-making powers. That child is an adult and can choose how they want their relationship with their parents to continue after the divorce. The parents do not have legal rights over the child since they are no longer a minor.
Financial complexity
From a financial perspective, however, the divorce will probably be a bit more complicated. A couple in their 50s may have significant financial assets to divide, including investments, savings, stocks and things of this nature. They can also have more complicated assets, such as if one person is a small business owner or if the couple owns vacation property together.At this age, they also need to be thinking about their retirement options. Couples may need to use a qualified domestic relations order, or QDRO, to split up retirement benefits being earned through an employer. If they have put aside savings or investments together specifically for retirement, they have to determine how to split those accounts as the marriage ends.As such, an empty-nest divorce can still be complicated, even though child custody is not an issue. Couples must know what legal options they have.
]]>On Behalf of Nguyen & Malik, PLLC<![CDATA[When one co-parent is authoritative, and the other is authoritarian ]]>https://www.nguyenandmaliklaw.com/?p=2534472026-09-22T07:23:58Z2026-09-25T07:22:39ZChildren can adapt to different rules in different homes, but significant differences in parenting styles may create tension after separation or divorce.
One challenging combination occurs when one co-parent practices authoritative parenting while the other takes an authoritarian approach. Although the terms sound similar, they describe notably different ways of establishing expectations and responding to children.
Is a mix-and-match approach manageable?
Authoritative parenting generally combines clear boundaries with warmth and communication. A parent establishes rules and consequences but also listens to the child's perspective, explains decisions and encourages age-appropriate independence. An authoritarian approach tends to emphasize obedience, firm rules and consequences, with less opportunity for discussion or negotiation.When these approaches exist in separate households, children may receive conflicting messages. One parent might encourage a child to discuss why a rule feels unfair, while the other expects compliance without debate. Differences may emerge around homework, screen time, chores, curfews, discipline and extracurricular activities.If you co-parent with your ex, you likely already know that trying to force your co-parent to adopt your parenting philosophy may increase conflict. Instead, you may benefit from making an effort to identify the issues that genuinely require consistency. For example, you both might need to strive to agree on major expectations involving school attendance, medical care, prohibited behavior and important safety rules while accepting reasonable differences in everyday household routines.Avoid telling children that the other parent's rules are unreasonable or that your approach is better. Children should not feel responsible for choosing between parenting styles. If a child complains about rules in the other household, listening without immediately criticizing your co-parent may be the healthiest approach.A detailed parenting plan can reduce opportunities for disagreement by establishing expectations for decision-making, schedules and communication. Seeking personalized legal guidance when crafting or modifying a plan can help you to most effectively advocate on behalf of your child’s needs within an enforceable context. ]]>On Behalf of Nguyen & Malik, PLLC<![CDATA[Is a 50/50 split of property inevitable during a Texas divorce?]]>https://www.nguyenandmaliklaw.com/?p=2534032026-09-17T11:04:49Z2026-09-24T11:03:50ZSpouses can set their own terms
There is no rule requiring that spouses litigate property division matters in family court. They have the option of settling with one another and setting their own terms. People who settle can reach arrangements that significantly deviate from the 50/50 split many people associate with community property division.
Even if litigation is necessary because spouses can't agree on what is fair, the judge does not always order couples to split their property and debts evenly. Texas state statutes allow spouses to present information about why an even split might be unfair.
Judges do not always need to split the marital estate evenly. They have the authority to establish other terms based on the information they receive about the finances of each spouse and the marital circumstances. Even when the goal is to divide assets evenly, that process does not necessarily require a 50/50 split of each individual asset and debt.
Learning about the Texas approach to community property can help people overcome their fears about divorce and push for fair terms when dividing the marital estate. An attorney can help people evaluate their circumstances and develop a case to convince a judge to deviate from the 50/50 split often expected in a Texas divorce.]]>On Behalf of Nguyen & Malik, PLLC<![CDATA[How is the amount of child support in Texas calculated?]]>https://www.nguyenandmaliklaw.com/?p=2534192026-09-17T11:04:45Z2026-09-23T11:03:48ZChild support plays an important role in helping children maintain financial stability after their parents separate or divorce.
Texas courts follow specific guidelines to determine support amounts, but every family's circumstances can influence the final result.
The paying parent’s net resources are calculated
The starting point is determining the paying parent's net monthly resources. Courts review income from employment, self-employment, rental properties, pensions, investment earnings and certain government benefits. Deductions are then made for certain expenses, such After identifying income sources, allowable deductions are applied, which may include taxes, health insurance costs for the child and other court-ordered expenses. The remaining amount forms the basis for the support calculation.
Applying Texas guideline percentages
Texas uses guideline percentages that are tied to the number of children requiring support. Once net resources are calculated, the court applies the appropriate percentage to determine a baseline obligation. The guidelines are 20% for one child, 25% for two, 30% for three, and so on. If, for example, the non-custodial parent earns $5000 net per month and must pay support for one child, they would pay $1000. That amount could then be adjusted upward if a child has special expenses, such as unusual educational needs, or adjusted down for the parent's child-related expenses, such as health insurance premiums.There are also caps on how much support can be awarded, and further adjustments for payors who have income above certain statutory thresholds. These guidelines create consistency while helping ensure that children receive financial support that reflects the parents' ability to contribute.If you have questions about support calculations, modifications or enforcement issues, seeking professional legal guidance can help you better understand your rights and obligations under Texas law.]]>On Behalf of Nguyen & Malik, PLLC<![CDATA[When do children influence Texas custody orders?]]>https://www.nguyenandmaliklaw.com/?p=2534212026-09-17T11:04:40Z2026-09-22T11:03:46ZAge is a key factor
Current state statutes allow for either party involved in a custody dispute to ask the courts to consider the children's preferences if the children are 12 years of age or older. Younger children often have minimal influence on custody determinations, but older children can express their preferences.
A judge may then consider their wishes, along with other key factors, when they decide what arrangements are appropriate for the family. Children do not choose for themselves where they live or how much time they spend with either parent. Their wishes are only one of numerous factors that judges must consider when deciding how to handle a custody dispute.
Working together to settle custody disagreements outside of court can protect children from the stress of needing to express their preferences and take a side during a parental dispute. Parents who understand the rules that govern child custody proceedings can develop more effective court strategies and avoid putting their children in a very difficult position.]]>On Behalf of Nguyen & Malik, PLLC<![CDATA[What do you need to do to modify parenting time in Texas?]]>https://www.nguyenandmaliklaw.com/?p=2533642026-09-16T14:33:47Z2026-09-21T14:33:12ZWhat qualifies as a material and substantial change?
Texas uses specific legal terms that differ from those in many states. Instead of "custody" and "visitation," the courts refer to these concepts as "conservatorship" and "possession and access."
In this state, a judge will only modify a possession and access order if there has been a material and substantial change in circumstances since the court issued the original order. The shift must affect you, the other parent or your child.
Judges consider significant shifts in circumstances rather than minor adjustments to daily life. For example, moving across town usually is not enough, while relocating out of state or experiencing a major shift in work hours may meet the standard.
A modification may also be granted if the custodial parent voluntarily gives up primary care of the child for at least six months. In addition, a child who is 12 or older may tell the judge which parent they prefer to live with when the court is determining primary residence.
How to petition for modification?
To begin, you must file a petition with the court that has continuing, exclusive jurisdiction, which is typically the court that issued your most recent final order. If the case was later moved to another county, you must file with that court instead. When a child has lived in a new county for at least six months, you may also request a transfer of the case to that county.
What happens next depends on what you and the other parent decide on. If you reach an agreement, you can submit an agreed order for the judge’s approval. If not, the case will move forward to a hearing or trial where you will need to present evidence and testimony.
In most cases, Texas requires parents to wait at least one year before seeking an adjustment to the party who has the exclusive right to determine a child’s primary residence. An exception applies if the child’s current environment poses a risk to their physical health or significantly harms their emotional well-being.]]>