by Mokolo Law

Can Child Custody Be Split 50/50 in Texas?

When parents in Texas separate or divorce, one of the most difficult questions is: “Will my child live with me half the time?” Many hope for a clean 50/50 split of custody, thinking it’s fair and balanced for everyone. The truth is more nuanced. In Texas, child custody (more correctly: conservatorship and possession/visitation) can be split 50/50, but there is no legal presumption of equal time, and getting a true 50/50 arrangement depends on several factors.

At Mokolo Law Firm, we guide families in Texas through the child-custody process, help you understand what’s realistic, and work to secure a schedule that is in your child’s best interests and serves your family’s unique circumstances.

What Texas Law Says

• Texas does not automatically grant or assume a 50/50 time-share between parents.
• Texas uses the term “conservatorship” (legal decision-making rights) and “possession & access” (physical time with the child). “50/50 custody” is a colloquial term.
• A judge will consider what arrangement is in the best interest of the child, not simply “equal time for equal fairness.”

When a 50/50 Time Split Is Possible

Although not guaranteed, courts in Texas may approve a roughly 50/50 possession schedule when certain conditions exist:

• Both parents live near each other (ideally same school district), making the 50/50 schedule practical.
• Both parents have shown the ability to co-parent cooperatively (reasonable communication, consistency, no major conflict).
• The arrangement supports stability for the child (routine, schooling, travel, etc.).
• The parents have agreed to or proposed a clear plan for how equal time will work (it often helps if the parents agree).

When these factors align, a 50/50 time-share may be approved, but it’s still the exception rather than the automatic rule.

Why 50/50 May Not Be Approved

There are many reasons a court may decide against a 50/50 split:

• One parent lives far away or travel between homes is impractical.
• One parent has a schedule or lifestyle that makes equal physical time difficult (work travel, odd shifts, etc.).
• The child’s needs (age, schooling, medical or emotional issues) make frequent transitions between homes disruptive.
• High conflict between the parents, which undermines effective shared parenting.
• The standard possession order (SPO) may already fit better given the child’s circumstances.

How Child Support Works with a 50/50 Schedule

One important detail: Equal time with a child does not eliminate child support automatically in Texas.
The court will still look at each parent’s income, contributions for health insurance, education, and other expenses. Even in a “50/50” time-share, a parent with significantly higher income may be required to pay support to ensure the child’s standard of living is maintained in both homes.

What You Should Do If You’re Pursuing 50/50 Time

• Collect evidence of your involvement in your child’s life: school events, medical care, routines, etc.
• Demonstrate willingness and ability to cooperate with the other parent, for example, joint decisions, consistent communication.
• Propose a realistic schedule, one you can maintain long-term, that supports your child’s stability and schooling.
• Live near your child’s school and show that transitions won’t disturb the child’s routine.
• Work with a family law attorney (like Mokolo Law Firm) to craft a custody plan, prepare documentation, and present your case.

Final Thoughts on Can Child Custody Be Split 50/50 in Texas?

In Texas, yes — child custody can be split 50/50, but it’s not the default or guaranteed outcome. What matters more is what is best for the child, and whether the parents have the capacity to sustain such an arrangement.

At Mokolo Law Firm, we believe every parent deserves a fair opportunity to spend time with their child. Our experienced team will evaluate your situation honestly, help you pursue the time-share and decision-making you desire, and tailor a plan that supports your child’s best interests and your rights as a parent.

If you’re considering custody, unsatisfied with your current schedule, or want to explore whether a 50/50 arrangement is possible in your case, contact Mokolo Law Firm today for a confidential consultation and let us guide you through the process.

by Mokolo Law

What You Should Know About High Net Worth Divorce in Texas

Divorce is never easy, and it can be a complicated situation for anyone. But when valuable assets, businesses, or complex investments are involved, the process becomes far more challenging. If you or your spouse has accumulated significant wealth, understanding how a high-net-worth divorce works in Texas is critical to protecting your financial future. This article is designed to help you know what a “high-net-worth divorce” means in Texas, highlight what makes it different, and explain how you and your attorney can navigate the process to protect your interests.

At Mokolo Law Firm, we’ve helped clients across Texas navigate these sensitive cases with precision and discretion. Here’s what you need to know.

What Is a High-Net-Worth Divorce?

Although Texas law does not define “high-net-worth divorce” with a precise dollar amount, practitioners commonly use this term to mean a divorce involving one or more of the following:

• Significant marital assets (for example, $1 million or more in combined marital assets)
• Complex portfolios of property: ownership of businesses or equity in closely-held companies, multiple real estate holdings, large investment portfolios, significant retirement/stock option holdings, foreign or off-shore assets.
• Significant non-liquid, or “hard to value” assets (business interests; art/collectibles; intellectual property) which raise issues of valuation, traceability and division.

So while you will often read “$1 million+” as the informal benchmark, the key indicator is complexity and value of assets, not just the total number.

Because these assets can be difficult to identify and value, high-net-worth divorces require strategic planning and expert legal representation.

How Texas Law Handles High-Net-Worth Divorces

1. Community vs. Separate Property

Texas is a community property state, which means that most assets acquired during the marriage belong to both spouses. However, property owned before marriage or received as a gift or inheritance is considered separate property.

In high-asset cases, this distinction can get blurred. For instance, if a spouse owned a business before marriage but used marital funds to expand it, a portion of that business may now be considered community property. Proving what’s truly “separate” requires extensive documentation and sometimes forensic accounting.

2. Valuing Complex Assets

In a high-net-worth divorce, accurately valuing assets is one of the most critical and contentious steps. Businesses, real estate, stock portfolios, and even intellectual property must be properly appraised.

At Mokolo Law Firm, we work with forensic accountants, appraisers, and valuation experts to ensure each asset is assessed fairly. This protects your interests and helps you negotiate from a position of strength.

3. Hidden or Hard-to-Trace Assets

Unfortunately, the higher the assets, the greater the temptation to hide or transfer them. Some spouses attempt to conceal property through trusts, offshore accounts, or business entities.

We use comprehensive discovery tools, subpoenas, depositions, and financial audits to trace hidden assets and ensure all property is disclosed. Transparency is key to reaching a fair and lawful settlement.

4. Division Isn’t Always 50/50

While many assume that community property means everything is split evenly, Texas courts are required to divide property in a manner that’s “just and right.”

That means the division could be unequal, depending on factors such as:

• Each spouse’s earning potential and financial contribution
• Who managed the household or supported the other’s career
• Misuse or concealment of assets
• Future financial needs or health conditions

With the right legal strategy, you can protect what you’ve earned and achieve a fair outcome under Texas law.

5. Spousal Support and Lifestyle Considerations

In high-net-worth divorces, lifestyle often plays a major role. Courts may consider the standard of living established during the marriage when determining spousal maintenance or contractual alimony.

For example, if one spouse left the workforce to support the other’s business or care for children, they may be entitled to financial support after divorce. Mokolo Law Firm helps clients negotiate support agreements that balance fairness with long-term financial security.

6. Tax Implications and Future Planning

Asset division isn’t just about who gets what; it’s also about how those transfers affect your taxes and long-term wealth.

Large estates often include taxable assets such as real estate, investments, or stock options. Without careful planning, you could face significant tax liabilities. We coordinate with tax advisors and estate planners to create strategies that protect both your short-term settlement and long-term legacy.

How to Protect Yourself in a High-Net-Worth Divorce

Here are some proactive steps you can take right now:

1. Gather Documentation – Collect bank statements, deeds, tax returns, business records, and account statements.
2. Identify Separate Property – Work with your attorney to trace and document what belongs to you individually.
3. Stay Financially Transparent – Avoid hiding or moving assets. This can backfire and damage your credibility in court.
4. Consider Confidential Solutions – Mediation or collaborative divorce can help preserve privacy and minimize cost.
5. Plan for the Future – Think about taxes, trusts, and your post-divorce financial goals before finalizing any settlement.

Why Choose Mokolo Law Firm

At Mokolo Law Firm, we understand that a high-net-worth divorce isn’t just a legal matter; it’s a personal, financial, and emotional turning point.

Our clients choose us because we offer:

• Extensive experience handling high-asset and complex divorces in Texas
• Strategic planning that integrates legal, financial, and tax considerations
• Access to top valuation and forensic experts
• Confidential and compassionate representation focused on results

Final Thoughts

A high-net-worth divorce in Texas demands more than ordinary representation. It requires strategic thinking, detailed financial knowledge, and a legal team that understands the nuances of wealth, business, and family law.

At Mokolo Law Firm, we are committed to protecting your assets, your reputation, and your peace of mind. Whether through negotiation or litigation, we’ll help you achieve a fair and forward-focused outcome.

If you’re facing a high-net-worth divorce in Texas, don’t navigate it alone.
Contact Mokolo Law Firm today to schedule a confidential consultation and start planning your path forward with confidence.

by Mokolo Law

Common Mistakes to Avoid When Going Through a Divorce in Texas

Divorce is one of the most emotional and life-changing decisions anyone can make. Whether your divorce is amicable or contested, the process can be complicated and filled with potential pitfalls. In Texas, even small mistakes during a divorce can lead to major legal, financial, or emotional consequences.

At Mokolo Law Firm, our experienced Texas divorce attorneys have guided countless clients through every stage of the divorce process. We’ve seen how the right preparation and avoiding common mistakes can make all the difference.

Here are the most common mistakes to avoid when going through a divorce in Texas, and how you can protect your rights every step of the way.

1. Not Understanding Texas Divorce Laws

Texas has its own set of divorce laws that differ from many other states. For example, Texas is a community property state, which means that most property and debts acquired during marriage are owned equally by both spouses.

Failing to understand how Texas law handles property division, child custody, and spousal support can lead to costly surprises. Consulting an experienced family law attorney in Texas ensures that you know your rights and obligations before making key decisions.

Tip: Always talk to a lawyer before signing any agreement or making verbal deals about property or custody. What seems fair now might not hold up legally later.

2. Letting Emotions Control Your Decisions

Divorce is emotional—but it’s also a legal process. Allowing anger, guilt, or resentment to guide your decisions can cause long-term damage to your finances, your co-parenting relationship, and your peace of mind.

Try to separate emotional issues from practical ones. Stay focused on protecting your future and your children’s best interests, rather than “winning” the divorce.

A skilled divorce lawyer in Texas can help you stay objective and make smart decisions even when emotions run high.

3. Hiding Assets or Withholding Financial Information

One of the biggest mistakes you can make is trying to hide income, assets, or debts during your divorce. Texas courts take financial honesty seriously, and any attempt to conceal information can result in penalties, fines, or loss of credibility in court.

Gather all relevant documents, tax returns, bank statements, property titles, and investment records and disclose them to your attorney. Being transparent helps your lawyer protect your interests and ensures a fair settlement.

4. Ignoring Temporary Orders

During a divorce, Texas courts often issue temporary orders covering matters such as child custody, support, and property use. Failing to follow these orders can hurt your case and reflect poorly on your character before the judge.

Always comply with court orders, even if you disagree with them. Your attorney can later request modifications if circumstances change.

5. Discussing Your Divorce on Social Media

In today’s digital world, it’s tempting to share updates about your personal life online. However, posting about your divorce on social media can seriously harm your case.

Judges and opposing attorneys can use social media posts as evidence, especially if they contradict your claims or show behaviour that might affect custody or financial settlements.

Advice: Stay off social media or keep posts neutral until your divorce is finalized. When in doubt, ask your attorney before sharing anything online.

6. Not Prioritizing Children’s Well-Being

If you have children, their emotional and physical well-being should come first. Using children as leverage, badmouthing the other parent, or disrupting visitation schedules can negatively impact custody outcomes.

Texas courts always base custody decisions on the best interests of the child. Showing cooperation, stability, and respect for the other parent can strengthen your position in court.

7. Going Through Divorce Without Legal Representation

Some people try to handle divorce on their own to save money—but this can backfire. Divorce involves complex paperwork, deadlines, and legal terms that can be overwhelming without professional help.

An experienced Texas divorce attorney from Mokolo Law Firm can help you:

• Protect your assets and financial interests
• Navigate custody and support issues
• Ensure all paperwork is filed correctly and on time
• Negotiate fair settlements or represent you in court if needed

Having a lawyer by your side helps you avoid costly mistakes and ensures your rights are protected.

8. Failing to Plan for Life After Divorce

Many people focus so much on the legal process that they forget to plan for what comes next—financially, emotionally, and practically.

Work with your attorney and a financial advisor to review your new budget, update your will, and adjust your insurance or beneficiary designations. Planning ahead gives you stability and confidence as you move forward.

Final Thoughts on Common Mistakes to Avoid When Going Through a Divorce in Texas

Divorce can be overwhelming, but avoiding these common mistakes will help you protect your future and make informed decisions. Remember, every divorce is unique; what worked for someone else might not be right for you.

At Mokolo Law Firm, our compassionate and knowledgeable divorce lawyers in Texas are here to guide you every step of the way. We provide personalized legal advice tailored to your circumstances, ensuring you get the fair outcome you deserve.

Contact us today to schedule a confidential consultation with an experienced Texas family law attorney. Let us help you navigate your divorce with confidence, clarity, and peace of mind.

by Mokolo Law

Entitlements of a Divorced Wife in Fort Bend County

When you begin the process of seeking a divorce in Fort Bend County, Texas, it’s easy to feel overwhelmed. One of the questions many women ask is: What am I entitled to if I file for divorce? It’s a natural question. You want to protect yourself and ensure you are treated fairly. Understanding the rights and entitlements of a wife in a divorce is essential for navigating this challenging time. At Okolo Law Firm, we focus exclusively on family law in Fort Bend, and we believe informed clients make stronger decisions.

1. Fair Property Distribution

Texas is a community property state, meaning that most assets and debts acquired during the marriage are considered jointly owned by both spouses. (guides.sll.texas.gov) Even though a husband may earn more money during the marriage, a wife is still entitled to a fair share of the marital estate.

What does this mean in practical terms?

• Community property includes income earned during the marriage, real estate purchased, and other assets accumulated while married—even if titled only in one spouse’s name.
• The division is guided by the principle of “just and right” rather than strictly 50/50. The court will consider factors such as:
  • the duration of the marriage,
  • whether children were born of the marriage,
  • the age and health of each spouse,
  • each spouse’s earning capacity and how debts were paid,
  • the standard of living established during the marriage,
  • the value of separate property each spouse brought into the marriage, and
  • fault such as infidelity or abuse, where relevant.
• Separate property (for example, gifts, inheritances, or assets owned before marriage) generally remains with the spouse who brought it in unless it has been commingled with marital assets.

At Okolo Law Firm, our goal is to help you identify which assets are community property, which are separate, and how best to position your interests for a fair outcome.

2. Spousal Support (Alimony / Maintenance)

Spousal support, sometimes called alimony or maintenance, is not automatic in Texas divorce cases. However, under certain circumstances, a wife may be eligible for support. Key criteria include:

• If the wife lacks sufficient property or means to meet her minimum reasonable needs, and
• The marriage lasted ten years or more, and
• The wife is unable to earn sufficient income due to a physical or mental disability, or
• The wife is the custodian of a child of the marriage who requires substantial care and cannot meet her minimum reasonable needs.

In longer marriages (for example, 30 years or more), the court may award support for up to 10 years, but the length ultimately depends on the individual case. The court will also consider the husband’s financial ability and the wife’s ability to become self-sufficient.
At Okolo Law Firm, we evaluate the possibility of maintenance early so you can plan strategically.

3. Child Custody (Conservatorship)

When children are involved, the question of who will make decisions for them and where they will live becomes a central feature of the divorce process. In Fort Bend County (and throughout Texas), the court’s guiding principle is the best interest of the child.

• Custody may be awarded as joint managing conservatorship, meaning both parents share decision-making responsibilities.
• Or the court may award sole managing conservatorship to one parent when circumstances warrant it (for example, safety issues or high conflict).
• The court can also consider the child’s preference if the child is of sufficient age and maturity.
  At Okolo Law Firm, we help you prepare for and protect your rights as a mother during the custody process, advocating for the arrangement that best reflects the needs of your children and your parental role.

4. Child Support

Child support is calculated according to state guidelines, considering the paying parent’s net income, the number of children entitled to support, and often additional factors like healthcare, education and special needs. The formula is fairly structured but must be tailored to the specific facts of your case.
We at Okolo Law Firm ensure that child support calculations in your divorce reflect all eligible adjustments and that the support order meets your children’s needs.

5. Protection Orders in Case of Domestic Violence

If domestic violence, threats or harassment occur during the divorce process, a wife is entitled to seek a protection order. The order prohibits contact, protects your safety and the safety of your children, and ensures that the divorce process does not expose you to additional harm.
Your rights in this area are non-negotiable, and at Okolo Law Firm, we place your safety first, ensuring the court considers those risks when handling custody, support and property division issues.

Final Thoughts on Entitlements of a Divorced Wife in Fort Bend County

Choosing the right family law attorney in Fort Bend County is a critical step. Divorce laws in Texas and in Fort Bend are complex, and outcomes hinge on strategy, timing, documentation and negotiation. At Okolo Law Firm, we are dedicated to guiding wives through this process, equipping you with knowledge, protecting your rights and advocating for the result you deserve.

If you’re facing a divorce in Fort Bend County, don’t navigate this alone. Contact Okolo Law Firm today. We’ll review your situation, answer your questions and help you chart a path forward with confidence and clarity.

by Mokolo Law

Steps to Take When Filing for Divorce in Fort Bend County

The union of two people can be blissful and fulfilling, but sometimes couples grow apart. Whether due to infidelity, domestic violence, neglect, or simply evolving lives, the reasons for divorce vary widely. If you’ve reached the place where dissolving the marriage is the next step, the process can be emotionally, mentally, spiritually and physically challenging. At Mokolo Law Firm, we understand. That’s why we’ve pulled together an easy-to-follow guide to help you understand the steps to take when filing for divorce in Fort Bend County, Texas.

1. Starting a Divorce in Fort Bend County

To initiate a divorce in Texas, you must file a Petition for Dissolution of Marriage and a Case Information Sheet with the county clerk. If children are involved, you’ll also need to submit an Information on Suit Affecting the Family Relationship form.
Importantly, you or your spouse must have been a Texas resident for at least six months and a resident of the county (such as Fort Bend) for at least 90 days before filing for the court to have jurisdiction.
Once the petition is filed, your spouse must be properly served with a copy of the petition and a citation. Depending on how service is done (personal service or other approved method), your spouse generally has until the Monday following the 20th day after being served to respond.

2. Waiting Periods & Temporary Orders in Fort Bend County

Divorce isn’t instantaneous, and many people entering the process are surprised at how much there is to consider.

• Mandatory Waiting Period: Texas law requires that a divorce cannot be finalized until 60 days after the date the petition is filed.
• Temporary Orders: While you wait, and whether you’re dealing with issues of custody, assets, support or safety, you can ask the court to enter temporary orders that preserve your rights, protect your children and secure your property until the final decree is entered.

3. Finalizing the Divorce in Fort Bend County

When your case is ready to wrap up, there are several paths to resolution:

• Alternative Dispute Resolution (ADR): This includes mediation, collaborative law, or informal settlement conferences that help you and your spouse resolve issues outside of a full trial.
• Binding Arbitration: If you and your spouse agree, unresolved matters can be submitted to an arbitrator whose decision becomes binding.
• Contested Trial: If no resolution is reached, the matter proceeds to a full trial before the court, where the judge decides the disputed issues.
  Remember: even after hearings are completed, the 60-day waiting period must still be met (unless there’s a showing of family violence) before the court will sign off on the final decree.
  After the divorce is final, if your spouse fails to comply with the judge’s orders, say by not transferring property, not paying support or refusing to comply with custody obligations, you may need to file a suit to enforce the decree. In Texas, you generally have two years from the date of the final decree to bring such an enforcement action for property-division issues.

4. Why You Should Consider Legal Representation

Going through a divorce is often overwhelming. Properly defending your rights and dividing assets can become complicated. While Texas allows you to represent yourself (“pro se”), doing so in a divorce, especially one with children, substantial assets or contested issues, is rarely wise.
At Mokolo Law Firm, we specialise in family law, and we understand the sensitivity, the urgency and the strategic decisions that matter most. With our experience in Fort Bend County divorce cases, we work hard to protect your interests and help you move forward.

5. How Mokolo Law Firm Can Help You

• We guide you through meeting the residency and filing requirements for Fort Bend County.
• We help you draft and serve the petition correctly so nothing gets delayed.
• We explain the waiting period, your temporary-order rights and the available dispute-resolution methods.
• We strategically advise on final resolution alternatives: mediation, arbitration or trial.
• We assist with enforcement of the divorce decree if needed including property division, support orders or custody compliance.

Need help taking the next step in Fort Bend County? Contact Mokolo Law Firm, PLLC today for a consultation where we’ll review your unique situation, answer your questions, and build a plan tailored to your goals.

by Mokolo Law

Will I Lose Everything in My Divorce in Texas?

A fear many people bring into divorce is: “Will I lose everything?” The short answer is “NO”, you will not automatically lose all your assets or be left with nothing. But because Texas is a community property state, the division of assets and debts in a divorce can be complex, and the outcome depends on many factors. At Mokolo Law Firm, we help clients navigate these rules to protect what matters most.

In this post, we explain:

1. What community property and debt means in Texas
2. What separate property and debts are
3. Whether spouses can agree on how to divide property
4. How courts divide assets and debts
5. Important factors that may shift the division

1. What Is Community Property & Community Debt in Texas?

• Under Texas law, community property is any asset or debt acquired during the marriage, except for certain exceptions (like gifts or inheritances).
• It doesn’t matter whose name is on the title or whose income paid for it, as long as it was obtained during marriage and is not clearly separate, it’s presumed to be community property.
• Community debt is any debt incurred during the marriage, such as credit card bills, joint loans, mortgages taken out during the marriage, or obligations incurred for household expenses.
• In a divorce, community property and community debt are typically divided between spouses, although not necessarily equally. The division must be “just and right” under Texas law.

2. What Is Separate Property & Separate Debts?

• Separate property includes assets owned by one spouse before marriage, or property received individually during the marriage via gift or inheritance (from someone other than the spouse).
• Certain personal injury awards may also remain separate property (depending on what part of the award: e.g. non-lost wages, non-medical) under Texas law.
• The key: a spouse claiming property as separate must prove (by “clear and convincing evidence”) that it is truly separate and not community property.
• Sometimes property becomes “mixed” (commingled) when separate property income or funds are blended with community funds. In such cases, tracing and accounting may be required to untangle the separate vs. community portions.

3. Can Spouses Agree on How to Divide Their Property?

• Absolutely. Spouses may negotiate or use mediation to reach a property-division agreement that works for both.
• If they reach an agreement, they present it to the court, and the judge will generally approve it if the court finds it “just and right.”
• Agreement gives you more control and often leads to faster, less contentious divorces.

4. How Are Assets and Debts Divided in Divorce?

Here’s the process:

a) Identify and Value All Assets and Debts

• The court or parties list all community property, community debts, and separate property.
• Property like real estate, vehicles, bank accounts, retirement plans, businesses, and investments must be appraised or valued.

b) Determine a “Just and Right” Division

• The starting presumption is an equal split (50/50), but Texas law does not require a strict 50/50 split.
• The court considers many relevant facts, including each spouse’s earning ability, child custody, health, and misconduct.
• If one spouse dissipated (wasted) community assets or contributed less, the court may adjust the division to compensate.
• The court can assign specific assets or order sales to divide value. Sometimes one spouse keeps an asset and takes on a corresponding debt or offset.

c) Account for Separate Property

• Each spouse retains their separate property. The court cannot shift your separate property to your spouse.
• In mixed cases, the court may segregate the separate portion and only divide the community component.

5. Key Factors That Can Shift the Balance

In some divorces, one spouse may end up with more or less than 50% of the community estate. Some of the influencing factors include:

• Fault or Misconduct: Texas allows courts to consider fault (e.g., adultery, cruelty, financial waste) in determining a fair split.
• Dissipation of Assets: If one spouse intentionally wasted or concealed marital assets, the court may subtract or compensate accordingly.
• Earning Capacity & Future Needs: If one spouse has much greater earning potential, the court may factor that in.
• Health, Age & Education: A spouse with health problems or less education may be awarded more to level the playing field.
• Child Custody & Support: The spouse with custody of minor children may receive more of the property that supports their needs.
• Tax Considerations & Debts: How tax liabilities or debt burdens fall can influence who keeps or assumes certain assets.

Final Thoughts on Will I Lose Everything in My Divorce in Texas?

Divorce in Texas does not mean you’ll lose everything. Your rights and fair share depend heavily on how property is characterized (community vs. separate) and whether the division is truly “just and right.” Because Texas law gives judges broad discretion, the specific facts and how well you present your case can make a big difference.

How Mokolo Law Firm Can Help You.

At Mokolo Law Firm, we help you:

• Identify which assets are truly separate and which are community
• Trace commingled assets and protect your rightful share
• Leverage negotiation or mediation to reach favorable splits
• Present persuasive evidence to the court for a fair division
• Minimize unnecessary losses and protect your financial future

If you’re considering or going through divorce in Texas, don’t leave your property rights to chance. Reach out to Mokolo Law Firm today for a confidential evaluation of your assets and the best strategy to secure what is rightfully yours.

by Mokolo Law

How to Get Sole Custody in Fort Bend, Texas

Child custody cases can be some of the most emotionally charged and legally complex disputes in Texas family courts. For parents in Fort Bend County, understanding how custody, legally referred to as conservatorship. While Texas law generally favors joint custody arrangements that allow both parents to remain actively involved in a child’s life, there are situations where a parent may seek sole custody.

In Texas, “sole custody” is not the legal term used; instead, the court may appoint one parent as the sole managing conservator. This means that the parent has the exclusive right to make critical decisions about the child’s upbringing, such as healthcare, education, and living arrangements.

If you are considering pursuing sole custody in Fort Bend, this guide will walk you through:

• What “sole managing conservatorship” means in Texas
• Circumstances where courts may grant it
• The legal process in Fort Bend County
• What evidence is needed to strengthen your case

Understanding Custody in Texas: Conservatorship Basics

Texas family law does not use the terms “custody” or “visitation.” Instead, it uses:

• Managing Conservator: The parent with decision-making authority (joint or sole).
• Possessory Conservator: The parent who has visitation rights but does not make primary decisions.

In most cases, Texas courts name parents joint managing conservators, meaning both share rights and responsibilities. However, if the court determines that joint conservatorship is not in the child’s best interest, one parent may be named the sole managing conservator.

When Do Courts in Fort Bend Grant Sole Custody?

Courts in Fort Bend and across Texas strongly prefer arrangements where both parents play a role. However, they will award sole custody if it is clear that shared custody would harm the child’s physical, emotional, or psychological well-being.

A parent may be awarded sole managing conservatorship in cases involving:

1. History of Abuse or Neglect
   • If there is credible evidence of physical, emotional, or sexual abuse by the other parent.
2. Domestic Violence
   • Any history of violence against the child, the other parent, or household members weighs heavily in custody decisions.
3. Substance Abuse Issues
   • If the other parent has a history of drug or alcohol abuse that poses a danger to the child.
4. Absentee or Uninvolved Parent
   • If the other parent has abandoned the child, failed to provide support, or shown little interest in parenting.
5. Criminal Activity
   • If the other parent has a serious criminal record or ongoing criminal involvement that could endanger the child.
6. Unstable Living Conditions
   • If the other parent cannot provide a safe, stable home environment for the child.

The Legal Process of Seeking Sole Custody in Fort Bend

If you are seeking sole custody, you will need to file a custody case in Fort Bend County family court. The process typically involves:

1. Filing the Petition

• File an Original Petition in Suit Affecting the Parent-Child Relationship (SAPCR) with the Fort Bend County District Clerk.
• If you are already in a divorce case, custody issues are addressed within the divorce petition.

2. Serving the Other Parent

• The other parent must be formally notified and given a chance to respond.

3. Temporary Orders Hearing

• The court may hold a temporary orders hearing to establish temporary custody, visitation, and support while the case is pending.

4. Discovery and Evidence Gathering

• Both sides exchange documents, witness lists, and other information.
• You may collect school records, medical reports, police records, and witness testimony to support your case.

5. Mediation or Settlement Efforts

• Fort Bend courts often encourage mediation before trial to resolve disputes without litigation.

6. Final Hearing or Trial

• If no settlement is reached, a judge will hear the evidence and decide custody based on the best interests of the child.

Evidence Needed to Support a Sole Custody Request

The court will not award sole custody just because one parent wants it. You must show evidence that sole custody is necessary for the child’s well-being. Strong evidence may include:

• Police reports documenting abuse, neglect, or domestic violence.
• Medical records showing injuries or neglect.
• School records that reflect attendance issues or behavioral problems linked to the other parent’s care.
• Witness testimony, including from teachers, doctors, neighbors, or family members.
• Proof of substance abuse, such as criminal records, rehabilitation attempts, or drug test results.
• Financial and housing records showing your ability to provide a stable home environment.

The Judge’s Focus: Best Interests of the Child

Every custody decision in Texas is guided by the best interests of the child standard. Factors the court considers include:

• The child’s emotional and physical needs
• Each parent’s ability to provide a stable home
• The child’s relationship with each parent
• Any history of abuse, neglect, or violence
• The child’s preference (if the child is 12 years or older)

The court’s primary goal is to ensure the child’s safety, stability, and well-being—not to punish or reward either parent.

Final Though on How to Get Sole Custody in Fort Bend, Texas

Securing sole custody in Fort Bend, Texas, is not easy. The courts begin with the presumption that children benefit from having both parents involved. To obtain sole managing conservatorship, you must show compelling evidence that joint custody would place your child at risk or is not in their best interest.

At Mokolo Law Firm, we understand the sensitivity and urgency of child custody cases. Our team is committed to protecting your parental rights while ensuring your child’s safety and future come first. If you are considering seeking sole custody in Fort Bend, our attorneys can guide you through the process, build a strong case, and advocate for you in court. Contact Mokolo Law Firm today to schedule a consultation and learn how we can help you pursue the best outcome for your family.

by Mokolo Law

Child Support Enforcement and Enforcement of Possession or Access in Texas

Child Support Enforcement and Enforcement of Possession or Access in Texas – When Texas courts issue orders in family law cases, they are not suggestions; they are legally binding directives. Two of the most common problems parents face after divorce or separation are child support and possession or access (visitation). Unfortunately, not every parent follows the court’s order, which can leave the other parent struggling to enforce their rights.

At Mokolo Law Firm, we often see parents frustrated when support payments stop or visitation is denied. The good news is that Texas law provides strong enforcement mechanisms to protect children and ensure court orders are followed. But whether you’re enforcing child support or visitation, success often depends on evidence, what you can prove to the court.

This post breaks down how enforcement works in Texas, what remedies are available, and what proof is needed to prevail, especially in possession or access cases.

@legallyuzo

When the client ask all the right questions. Questions Family #Immigration Visit: https://www.mokololaw.com

♬ original sound – Legallyuzo – Legallyuzo

Child Support Enforcement and Enforcement of Possession or Access in Texas

Child Support Enforcement in Texas

How Child Support Enforcement Works

If a parent is ordered to pay child support and fails to do so, the other parent can file a Motion for Enforcement. This asks the court to step in and compel payment. Enforcement is typically handled through:

• Court hearings– This is where the paying parent must explain why payments were missed.
• Texas Attorney General’s Child Support Division – This division can also take independent enforcement actions.

Remedies Available for Nonpayment

Texas courts have wide authority to enforce child support orders, including:

• Wage garnishment – Withholding support directly from paychecks.
• Intercepting tax refunds – Federal and state refunds may be seized.
• License suspension – Driver’s, professional, hunting, or fishing licenses can be suspended.
• Liens on property – To recover unpaid support.
• Contempt of court – Jail time, probation, or fines for willful failure to pay.

Proof Needed in Child Support Enforcement

To succeed in a child support enforcement case, the petitioner must show:

1. A valid child support order exists.
2. The amount ordered.
3. The amount actually paid (if any).
4. The arrears owed, typically proven with payment records, bank statements, or ledgers from the Texas Child Support Division.

Part 2: Enforcement of Possession or Access (Visitation)

Child visitation rights are just as enforceable as support orders. If one parent interferes with the other’s court-ordered visitation, the affected parent can file a “Motion for Enforcement of Possession or Access”.

Common Violations of Possession or Access Orders

• Refusing to turn over the child at the scheduled time.
• Failing to make the child available for pickup.
• Blocking communication between the child and the other parent (when ordered).
• Consistently being late or interfering with scheduled possession.

Remedies for Denied Visitation

The court can:

• Order make-up visitation for the time denied.
• Hold the violating parent in contempt of court, which may include fines or jail time.
• Modify the custody order if violations are persistent and harmful to the child.

Proof Needed in Possession or Access Enforcement Cases

This is where many parents struggle. To prevail, you need clear, documented proof that the other parent violated the court’s order. Useful evidence includes:

1. The Court Order – A certified copy showing the exact visitation schedule.
2. Detailed Records – A written log of each violation (date, time, what happened).
3. Witness Testimony – Friends, family, or third parties who witnessed the denial.
4. Communications – Texts, emails, or voicemails showing refusal or interference.
5. Travel Proof – Gas receipts, toll records, or GPS data proving you appeared for pick-up but were denied access.

Without concrete evidence, it becomes one parent’s word against the other’s—making it difficult to prove enforcement is necessary.

Final Thoughts on Child Support Enforcement and Enforcement of Possession or Access in Texas

In Texas, both child support and visitation rights carry the weight of law. A parent cannot simply decide to withhold support or deny visitation. If your rights are being violated, the law provides strong remedies, but the key is preparation and proof.

by Mokolo Law

Business Valuation in Divorce

When divorce involves a closely held or family-run business, the process becomes significantly more complex than dividing typical marital assets. For many couples, a business is not just a source of income but also one of their largest financial assets. Determining its value fairly and ensuring that value is accurately represented in divorce proceedings is critical.

At Mokolo Law Firm, we understand the unique challenges of business valuation in divorce. We work closely with financial experts, forensic accountants, and valuation professionals to protect your interests and ensure equitable outcomes.

Why Business Valuation Matters in Divorce

The valuation of a business directly influences several key aspects of your divorce, including:

• Property Division – Texas is a community property state, meaning that businesses (or portions of them) acquired or grown during the marriage may be subject to division.
• Spousal Support (Alimony) – The value and profitability of a business often factor into whether spousal support is awarded and in what amount.
• Future Financial Security – For many business owners, the company represents their livelihood, retirement plan, and legacy. For spouses, it can represent years of contributions—direct or indirect—to its success.

An undervalued business could leave a spouse with far less than they are entitled to, while an inflated valuation could saddle an owner with unfair financial obligations. In contentious divorces, it is not uncommon for one party to attempt to hide income, overstate liabilities, or underreport assets, making professional scrutiny essential.

@legallyuzo

Who should get a prenup? Short answer: EVERYBODY Visit: https://www.mokololaw.com/practice/prenuptial-and-postnuptial-agreements/

♬ original sound – Legallyuzo – Legallyuzo

Common Business Valuation Methods

Courts and financial experts typically rely on three recognized approaches to valuing a business:

1. Asset-Based Approach

• Focuses on the company’s tangible and intangible assets (real estate, inventory, equipment, intellectual property, goodwill, etc.).
• Best suited for businesses with significant physical holdings.

2. Income Approach

• Projects future earnings and cash flow, then calculates present value based on risk and industry factors.
• Commonly used for professional practices and service-oriented businesses.

3. Market Approach

• Compares the business to similar companies recently sold in the marketplace.
• Useful when reliable market data exists for comparable businesses.

Often, multiple methods are applied and reconciled to produce a defensible, court-accepted value.

Key Legal Considerations in Texas

When valuing a business in divorce, Texas law raises several important questions:

• Timing of Ownership – Was the business started before the marriage (separate property) or during the marriage (community property)?
• Community Contributions – Even if the business was founded before marriage, did community funds or labor contribute to its growth?
• Spousal Roles – Did one spouse manage the business full-time while the other contributed indirectly (e.g., maintaining the household or supporting financially)?
• Pre-Existing Agreements – Is there a buy-sell agreement, prenuptial, or postnuptial agreement that dictates ownership division?

Courts will also examine whether one spouse should be compensated for their share, either through a buy-out, structured settlement, or allocation of other assets of equal value.

How Mokolo Law Firm Supports You

Navigating business valuation in divorce requires both legal skill and financial expertise. Our team helps clients by:

• Partnering with valuation professionals to secure an accurate, court-accepted appraisal.
• Investigating financial records for hidden income, misreported expenses, or manipulated cash flow.
• Negotiating creative settlement options, such as buy-outs, installment payments, or asset swaps.
• Protecting sensitive business data during discovery to minimize disruption to operations.
• Ensuring that property division and spousal support outcomes reflect a fair balance of contributions and future needs.

Final Thoughts on Business Valuation in Divorce

Dividing a business during divorce is never simple. It requires a skilled legal team, meticulous financial analysis, and a strategy tailored to your goals whether you want to retain ownership, divide assets fairly, or uncover hidden value.

At Mokolo Law Firm, we fight to protect your financial security while preserving the integrity of your business. With the right legal and financial guidance, you can navigate this process with confidence and clarity.

Call us today for a confidential consultation to discuss your business and divorce strategy.

by Mokolo Law

Dividing The Marital Home In Texas

For many couples, the marital home represents more than just real estate. It’s a shared investment, a place of emotional attachment, and often the most significant financial asset in a marriage. When a divorce becomes necessary, determining what happens to the family home can be one of the most challenging and consequential decisions you face.

In Texas, which operates under community property laws, the division of the marital home involves legal analysis, valuation considerations, and strategic planning. At Mokolo Law Firm, we help clients navigate this process with a focus on fairness, long-term stability, and protection of their financial future.

Dividing The Marital Home In Texas

Who Gets the House?

Texas is a community property state, which generally means that assets acquired during the marriage belong equally to both spouses. However, exceptions exist, and the marital home may be classified as either:

1. Community Property: Acquired during the marriage with marital funds.

2. Separate Property: Acquired by one spouse before the marriage or through gift or inheritance, even during the marriage, if properly documented.

@legallyuzo

Our team is always working tirelessly to support you and get you your desired outcome. Get Started: https://www.mokololaw.com

♬ original sound – Legallyuzo – Legallyuzo

Key Factors to Determine How to Divide the Home

When determining how to divide the home, the court evaluates several key factors:

a. Custody of Children: Courts often favour allowing the primary custodial parent to remain in the home to maintain stability for the children.

b. Financial Resources: The ability of each spouse to afford the mortgage, taxes, and maintenance, including qualification for refinancing.

c. Equity and Contributions: How much equity exists and each party’s direct or indirect contributions to the property’s value (e.g., mortgage payments, improvements).

d. Debts and Obligations: Outstanding mortgage balances, liens, or property tax arrears.

e. Feasibility of Sale: Whether it’s practical or necessary to sell the home and divide the proceeds.

Options for Dividing the Marital Home

1. Sell the Home and Split the Proceeds
This is often the most straightforward approach. After the sale:

a. Proceeds are divided based on community property rights or as negotiated.

b. Joint liabilities are paid off (e.g., mortgage, home equity loans, closing costs).

c. Neither party retains emotional or financial ties to the property.

2. One Spouse Buys Out the Other
In this option, one spouse retains ownership by:

a. Paying the other spouse their share of equity (often by refinancing the mortgage).

b. Releasing the other from future liability on the loan.

c. This requires accurate home valuation, financial qualification, and sometimes negotiation of payment terms.

3. Deferred Sale (Temporary Possession)
Often used when children are involved, one spouse (usually the custodial parent) remains in the home for a set period. Later:

a. The home is sold, and the proceeds are split.

b. Conditions for sale (e.g., child graduation, specific date) should be outlined in the divorce decree.

4. Co-Ownership Post-Divorce
Though rare and complex, some spouses agree to co-own the property temporarily:

a. For investment or children’s stability.

b. Requires clear agreements on expenses, tax deductions, and future sale terms.

Protecting Your Equity and Legal Rights

At Mokolo Law Firm, we work to ensure you don’t leave value on the table. We will:

1. Determine the accurate value of the home through appraisal, market comparisons, and real estate expert input.

2. Calculate your share of Equity by subtracting debts from the market value and identifying each party’s stake.

3. Evaluate refinancing and mortgage obligations, including possible credit impacts and post-divorce payment responsibilities.

4. Negotiate equitable solutions that reflect your contributions, financial needs, and future goals.

5. Secure legal protections in the divorce decree to avoid future disputes over payments, taxes, or missed deadlines.

Final Thoughts on Dividing the Marital Home on Dividing the Marital Home in Texas

The marital home often holds both emotional significance and financial weight. Whether you want to keep the home, sell it, or negotiate an alternative arrangement, the key is informed legal planning.

At Mokolo Law Firm, we understand the personal and financial stakes involved. Our compassionate, strategic approach helps you make decisions that secure your housing stability and financial independence, both now and in the years ahead. Contact us today to schedule a consultation and discuss your best path forward.