Nguyen & Malik, PLLC Nguyen & Malik, PLLC 2026-05-21T09:56:56Z https://www.nguyenandmaliklaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1504614/2025/07/cropped-NM_FAV-32x32.png On Behalf of Nguyen & Malik, PLLC <![CDATA[Does paternity mean you must pay child support?]]> https://www.nguyenandmaliklaw.com/?p=253394 2026-04-16T13:50:47Z 2026-04-21T13:50:26Z What establishes legal paternity Paternity is the legal recognition of a father-child relationship. In Texas, the law usually establishes paternity in one of the following ways:
  • Signing an Acknowledgment of Paternity (AOP)
  • A court order, often supported by genetic testing
  • A legal presumption, such as when a child is born during a marriage
Once established, this status carries both rights and responsibilities and forms the basis for decisions about custody, visitation and support. Texas courts do not consider a parent’s intent; they can still establish paternity even if there was disagreement over the pregnancy or a lack of awareness. The law instead focuses on stability for the child.

What happens after paternity is established

Once the law recognizes a man as the father, courts can require him to contribute to the child’s financial needs. This often includes monthly child support payments, health insurance coverage and, in some cases, support for past expenses. These obligations follow legal status, not personal circumstances. Child support is meant for the child, and it applies whether or not both parents agreed to have the child.

When support may not apply

If the law has not established paternity, a biological father does not have a legal obligation to pay child support. In some cases, another individual may already be the legal father, such as a spouse at the time of the child’s birth or someone who signed an AOP. Texas law also sets time limits for questioning or changing legal paternity. If those deadlines pass, the court may keep the current legal father in place, even if he is not the biological parent.

Where you stand under Texas law

Texas law separates personal circumstances from legal responsibility by defining the parent-child relationship. Once the law recognizes that relationship, it creates a clear framework for rights and obligations, even when the situation is complex or unexpected. Because of this, courts base outcomes in paternity cases on legal status rather than personal intent.]]> On Behalf of Nguyen & Malik, PLLC <![CDATA[Navigating child custody with older children]]> https://www.nguyenandmaliklaw.com/?p=253388 2026-04-01T14:32:03Z 2026-04-06T14:31:19Z Creating a parenting plan Working together with your spouse on a parenting plan is essential to reach a custody agreement. In addition to dividing your responsibilities and expenses, you may also want to consider your older children’s opinions. They may have certain routines and relationships they want to maintain. Taking those things into account can help you and your spouse clearly define important elements in your agreement, including:
  • Parenting schedule: Outlines when each parent will be with the children and how often, including weekends, holidays and summer breaks
  • Decision-making duties: Defines how parents will decide about children’s health care, education and extracurricular activities
  • Communication protocols: Details how parents share updates regarding the children and maintain emergency contact information
  • Financial responsibilities: Addresses the division of child support, medical costs and other miscellaneous expenses between the parties
  • Modification and review provisions: Instructs how the parenting plan can be properly altered as the children get older and circumstances change
An effective parenting plan does more than detail how you and your spouse want to coparent after the divorce. Considering your children’s input also helps give them a sense of stability, making the process smoother and more favorable for everyone.

Preparing for contested custody scenarios

When you and the other party have conflicting goals regarding child support and custody, a judge typically makes the final decision. In Texas, children older than 12 years of age need to do an in-chambers interview with the judge if your case ends up in court. While their answers may not fully dictate the final decision on their custody, the court will still take it into account. You may need to approach this with caution as the process can feel stressful for your children. Having careful conversations with them while seeking legal advice is one of the best ways to prepare them for this court interview.

Giving space for your children’s thoughts

Divorcing when you have older children usually presents unique factors that may affect your child custody agreement. Listening to their thoughts can help show them that their well-being is still your priority, even during challenging times. Your children may have an easier time adjusting to a different family dynamic if they know they have your support.]]> On Behalf of Nguyen & Malik, PLLC <![CDATA[How does paternity affect child support?]]> https://www.nguyenandmaliklaw.com/?p=253382 2026-03-18T09:48:24Z 2026-03-23T09:47:47Z If you have reached a stable point in your career, you may feel ready to take a more formal role in your child’s life. In Texas, establishing paternity does more than confirm biology; it creates legal rights and duties. One of the most important duties is child support. Before you move forward, it helps to understand how Texas law connects paternity and financial support.

What establishing paternity legally changes in Texas

In Texas, you can establish paternity by signing an Acknowledgment of Paternity, which is valid only if properly completed and filed with the Texas Vital Statistics Unit or through a court order after genetic testing. If the mother is married or a presumed father has already acknowledged the child, you may also need a Denial of Paternity from that individual. Once the law recognizes you as the father, you gain the right to seek custody and possession through a Suit Affecting the Parent-Child Relationship (SAPCR) order. Separately, the court can order child support. Courts may also order retroactive child support in some cases, which means support can reach back to an earlier period, not just the date of the order.

How support is calculated for high earners

If you earn a high income, you may wonder what the guidelines are for child support. Under the Texas Family Code, judges use a percentage model based on net monthly resources. The percentage increases with each child before the court. State courts consider:
  • Your net monthly resources, which may include salary, bonuses and commissions
  • The number of children before the court
  • Whether you support other children
  • The child’s proven needs beyond basic support
For high earners, the law applies guideline percentages up to a statutory cap on net resources. Above that cap, courts may look at the child’s proven needs. Ultimately, the court must tie that amount to evidence of actual needs.

Protecting your role while meeting your obligations

Establishing paternity can strengthen your legal standing as a father. It also creates a clear support structure under Texas law. For many professionals, that clarity reduces future conflict and uncertainty. When you define your rights and duties early, you protect both your child and your long-term role in their life. Thoughtful planning at this stage often makes a meaningful difference.]]> On Behalf of Nguyen & Malik, PLLC <![CDATA[5 signs a CPS worker oversteps their authority in Texas]]> https://www.nguyenandmaliklaw.com/?p=253373 2026-03-04T10:02:42Z 2026-03-09T09:02:04Z The worker demands entry without a warrant An investigator cannot enter your home without your permission unless they have a court order or an immediate emergency exists. If you refuse entry, the state may attempt to obtain a court order. Under Texas law, a judge shall only order entry if the department demonstrates probable cause that access is necessary to protect the child. Therefore, you have the right to deny entry initially and require the state to meet this legal burden.

You feel coerced to sign a safety plan

Investigators frequently use safety plans to bypass the formal court system. They may suggest that signing the document is the only way to prevent the immediate removal of your child. Because safety plans are voluntary agreements rather than court orders, you are not legally required to sign them on the spot. These plans can significantly restrict your parental rights. You should consult an attorney before agreeing to any proposed voluntary placement.

The agent interviews your child at school

Texas law permits DFPS to interview children at school without prior parental consent. Most often, these interviews must be audiotaped or videotaped to ensure accuracy. However, exceptions exist for equipment failure or a child's refusal. Most importantly, if the department intends to transport your child from the school for an interview, they must attempt to notify you. This distinction is a vital protection against the unauthorized movement of your child.

Threatening immediate removal as a tactic

Except in cases of imminent physical danger, CPS must usually obtain an emergency removal order from a judge. Workers might use the threat of removal to pressure you into a home inspection or a drug test. This is often a high-pressure negotiation tactic rather than a legal certainty. An aggressive CPS defense attorney can help you challenge these threats and hold the department to its strict evidentiary burdens.

Failing to provide written and verbal notifications

Under Texas law, investigators must provide a written summary of the known allegations and your rights at the time of first contact. They are also required to provide a verbal notification of these rights. This includes your right to record interactions and consult with legal counsel. A refusal to provide both the written summary and the verbal explanation is a direct violation of state procedure.

Secure your rights as a parent

The early stages of an investigation are often the most critical for the outcome of your case. Asserting your rights immediately can help prevent a temporary inquiry from turning into a permanent separation. Consider speaking with a local attorney to learn how these laws apply to your case.]]> On Behalf of Nguyen & Malik, PLLC <![CDATA[A fair spousal maintenance order]]> https://www.nguyenandmaliklaw.com/?p=253369 2026-02-02T07:04:50Z 2026-02-05T07:04:04Z spousal maintenance or spousal support. While it's not a part of every divorce, it can be a crucial step in cases where one spouse will be left with significantly less income potential than the other. One fairly common scenario involves a spouse who gave up a career in order to care for the couple's children during the marriage while the other continued to work in a high-paying career. When they divorce, they can divide their property according to Texas law, but even if the stay-at-home spouse gets a generous share of the community property, it will be hard for them to find a job that pays them enough to enjoy anything like the standard of living they enjoyed during the marriage. Meanwhile, the other spouse gets to continue making the high income they enjoyed during the marriage. In a case like that, spousal maintenance could be a necessary step to help the stay-at-home spouse until they can be financially independent. From the other spouse's perspective, however, things can look very different, They might ask why they must continue to support their ex.

Court-ordered spousal maintenance

Today, most issues in divorce are settled out of court through negotiation between the parties. However, there are are cases in which the parties can't agree, and they have to let the court resolve certain issues. These can include spousal maintenance orders. Texas courts decide on a case-by-case basis whether to award spousal maintenance. Generally, there are four circumstances in which they will order spousal maintenance:
  1. If the paying spouse has been convicted of domestic violence offenses against the other spouse or their child.
  2. If the spouses agree to it.
  3. If the receiving spouse is a sponsored immigrant and needs financial support until they can become a citizen or accumulate sufficient work hours.
  4. If the duration of the marriage was at least 10 years and:
    1. The receiving spouse lacks sufficient income and resources; or
    2. The receiving spouse is either disabled, or the primary caretaker of a disabled child, or lacks earning capacity.
A maintenance order is limited in duration, meaning it might last from five to 10 years at the most. The amount of payments is limited as well. To find out how spousal maintenance might play out in your case, it is best to talk to an experienced professional.]]> On Behalf of Nguyen & Malik, PLLC <![CDATA[Do parents without primary custody have a say in major decisions?]]> https://www.nguyenandmaliklaw.com/?p=253363 2026-01-27T07:24:45Z 2026-01-27T07:24:45Z Defining conservatorship in Texas Instead of "custody", Texas courts use "conservatorship" to describe parental rights and responsibilities. When the court sets up these arrangements, it usually names one parent as the primary conservator. It is important to know that courts generally presume that designating both parents as joint managing conservators supports the child's best interests. In cases involving family violence, abuse, neglect, abandonment or criminal activity, the court can grant sole conservatorship instead. When the court grants sole conservatorship, the designated parent will have the final say on issues such as where the child lives, the medical or psychiatric care they receive, educational choices and whether for a child’s passport. to apply for a passport for the child.

Participating in major decisions

Even if you are not the primary parent you still have these rights:
  • Review your child's medical, dental, psychological and school records
  • Approve emergency medical treatment when your child is with you
  • Attend school events such as performances, field trips and lunches
  • Act as the emergency contact listed in your child's records
Beyond these, parents with joint managing conservatorship often share decision-making responsibilities for the matters previously mentioned.

Evaluating your situation

To know your exact parental rights, consider reviewing your court order carefully. It explains which decisions you can make on your own and which need the other parent's consent. Staying in open communication with your co-parent also helps, as working together on your child's activities usually leads to better outcomes for everyone.]]> On Behalf of Nguyen & Malik, PLLC <![CDATA[Child custody and immigration]]> https://www.nguyenandmaliklaw.com/?p=253353 2026-01-14T21:15:34Z 2026-01-14T21:15:34Z Can a non-citizen petition for child custody? If you are in the United States, you can file a petition for child custody if you are not a U.S. citizen. Federal law controls immigration, and under federal law, your immigration status does not affect your ability to petition for custody of your child. Even if you are an undocumented person, you can legally petition for custody of your child. What's more, neither the parent's nor the child's immigration status affects eligibility for child protection services. Texas must provide services for family-based protection (including domestic violence-related protection orders), reunification and more regardless of the immigration status of the child or either parent. In practice however, non-citizens must be careful in their interactions with the legal system. It's a good idea for non-citizens to consult with attorneys before they file any petitions or take any actions in family law.

What if one parent is out of the country?

Things get even more complicated when one parent is either currently out of the country or planning to go out of the United States -- particularly if the parent wishes to take the child with them. Generally speaking, if a parent has sole custody (also known as sole managing conservatorship) they can take their child with them when they leave the United States. But a parent who is subject to a child custody order must follow the terms of the order if they wish to take the child abroad with them. Typically, these orders say both parents must consent to one parent taking the child out of the United States. If one parent objects, they have the right to request a hearing and let the court decide whether to allow the trip.]]> On Behalf of Nguyen & Malik, PLLC <![CDATA[Tips for reducing conflict in your contentious divorce]]> https://www.nguyenandmaliklaw.com/?p=253337 2025-12-17T17:11:05Z 2025-12-17T17:11:05Z
  • Reducing all communication to writing.
  • Maintaining a business-like demeanor.
  • Avoiding dragging up incidents from the past that aren’t relevant to legal issues at hand.
  • Giving yourself time to think about a response rather than giving a knee-jerk reaction when your spouse says something that grates on your nerves.
  • Having clearly identified goals as you enter divorce negotiations or litigation.
  • Seeking collaboration whenever you can.
  • Finding healthy outlets for your frustrations that don’t give your spouse the opportunity to use your statements against you.
  • Focusing on the big picture of your divorce instead of getting caught up arguing over every little detail.
  • Taking care of yourself by engaging in healthy habits and surrounding yourself with those who support you.

    • Find the effective divorce legal strategy that works for you

    There are several different ways to approach your divorce. Finding the one that’s best for you can be difficult. But by discussing the facts of your case with your divorce attorney, you can learn more about your legal options so that you can make the fully informed decisions that are right for you. By doing so, you’ll hopefully set yourself on a path to a successful next phase of life.]]>         On Behalf of Nguyen & Malik, PLLC <![CDATA[How can an abuse allegation affect seeing my children?]]> https://www.nguyenandmaliklaw.com/?p=253334 2025-12-10T16:37:23Z 2025-12-10T16:37:23Z judge may decide that they cannot legally grant any type of custody to the accused and must also either restrict or even deny the accused’s visits. The accused in theory has an opportunity to convince the court that they should be involved in their children’s lives despite the allegation, but doing so might be difficult in practice. In short, not taking these sorts of allegations seriously until it is too late could mean a good parent no longer will be able to have a relationship with their children.

    What should I do if I am accused of abuse during a custody proceeding?

    Practically, no one can guarantee that they will never face an abuse allegation. Family relationships almost by necessity mean that a couple will have time alone both privately and with their children. Allegations often boil down to one person’s word against another’s. If a Houston resident faces an unfounded abuse allegation, there are certain steps they can take to minimize the potential fallout in their custody cases:
    • If a spouse decides to get Child Protective Services involved to bolster the allegation, the accused parent will want to put forth a vigorous defense to allegations. In these situations, defending against the allegations is important even if removal of the children is not on the table.
    • Likewise, a parent may seek out the opinion of a mental health professional who is willing to testify that abuse was likely. Here, it is important to confront the testimony of the professional firmly.
    • Pointing out the context of a professional’s opinion is also important. For example, many times a parent will involve a counselor without the other parent’s knowledge. A counselor may accuse the other parent without even meeting that parent.
    • The accused parent needs to make sure that the court and all involved have a complete picture of their lives. False allegations stick when the court hears only one side of the story.
    • If the alleged abuse was not reported at the time it supposedly occurred, it is fair to ask why.
    • On a related note, sometimes a parent does a make a mistake but truly deserves another chance. In these cases, the strategy should revolve around convincing the court that the parent has learned their lesson.
    Ultimately, an allegation of abuse is a serious enough matter that the person accused should make certain they are fully aware of their legal options.  ]]>         On Behalf of Nguyen & Malik, PLLC <![CDATA[Navigating non-divorce child custody matters in Texas]]> https://www.nguyenandmaliklaw.com/?p=253320 2025-11-12T19:54:12Z 2025-11-12T19:54:12Z child custody cases that have nothing to do with dissolving a marriage. Whether you’re a single parent, separated partners or never walked down the aisle, Texas law offers unique pathways to protect your parental rights, secure your child’s future and forge a cooperative parenting dynamic.

    Non-divorce child custody matters

    Because child custody disputes are not limited to divorce cases., unmarried or separated parents often face unique challenges when determining custody arrangements. For unmarried parents, establishing custody involves proving paternity and securing legal rights. Texas law allows both parents to seek custody, but courts prioritize the child’s well-being. As such, legal parentage must be established before custody or visitation orders can be issued. Separated parents who are still legally married and those that were never married must address custody through the family courts. The legal process involves filing petitions, attending hearings and presenting evidence of each parent’s ability to provide a stable environment for the child or children.

    Navigating the process and legal issues

    The Texas custody process focuses on creating a parenting plan that outlines visitation schedules, decision-making authority and support obligations. Mediation is often recommended to resolve disputes outside of court. Flexibility and cooperation are encouraged throughout the process, as this can help the parties reach amicable resolutions; however, non-divorce child custody matters can be contentious and high conflict like those involved in a divorce. If agreement cannot be reached, a judge will determine arrangements based on the child’s best interests. As such, it is imperative to understand your options when it comes to resolutions inside and outside of the courtroom, as reaching a favorable outcome is important. Child custody matters are often emotional and complex, which makes navigating them feel impossible. Single parent or not, you do not have to go through this process alone. Working with an experienced family law professional can help you understand the process, protect your rights and achieve a fair outcome for you and your family.]]>