Is that for taxes or is that just for others? Well,

I mean, there can be an implication with, I don't give tax advice, I don't practice tax law, but, you know, being the head of the household and having the children, that can be a thing.

But for us, it's a right to determine, like, this is going to be the flag on the ground of where their primary home is.

A lot of times that's where the schools will be zoned or, you know, what schools we're going to zone, things like that.

But we fight a lot about that.

But possession deals with where will they sleep? Where will they spend the night? And so in Texas, we do not have a presumption that parents should have a 50-50 possession schedule.

There is nothing in the Texas Family Code that outlines a 50-50 possession schedule.

And how does that get figured out? We'll just go with Texas since that's, you're the expert in Texas.

Now, back to the show.

I'll tell you the most common, and given the podcast we're on, when a father comes into my office for a consultation or a meeting, first of all, in Texas, I practice in Texas, I practice in Central Texas, the presumption under Texas law is that it is presumed to be in the best interest of a child for one parent to have what we call a standard possession schedule.

We do not have a 50-50 presumption.

And so what will happen is a parent, a father, more often than not, when fathers come in and have this conversation with me, you know, they want a 50-50 for a variety of reasons, which we can talk about later.

But, you know, I want 50-50.

I'm an equal parent.

I'm a good parent.

And maybe we start with documentation that they need to and can start doing in immediately that's going to help benefit their case in, let's say, that first 30 days, whether it's first 30 days that they contact you or first 30 days that they start thinking about doing this or whatever it is.

Number one, Jason, a client would probably say, how does crypto differ from traditional assets?

Sure.

So let's start where I think everyone's comfortable, which is like traditional assets.

So bank accounts, brokerage accounts, 401ks, retirements, right? Stocks, bonds, those all run through like a regulated custodian, right? And they generate statements.

They're reachable by subpoena.

They are the intermediary between you and whatever asset you hold.

Right.

So where do you start if you think that there's something out there, but we don't really know?

So what are some of the most common custody myths you find yourself correcting over and over again in Texas family law cases?

So as I mentioned in the last episode I was with you in, in Texas, we don't use the word custody.

We also don't use the word visitation.

So in Texas, we have conservatorship, which deals with decision-making power, and then we have possession, which deals with where the children will be.

Like I say, as you made these things, you get to possess these things.

The most common myth, I guess, in Texas that I deal with all the time is men will come in and have the, well, I guess men or women will come in and have the assumption that because mom, because Texas favors mothers, that moms are going to win.

And so that myth that Texas favors mothers is probably one of the biggest myths I deal with.

So have you seen that backfire? I

So Jason, what legal or procedural mistakes, uh, can create problems when a parent moves with a child before the custody issues are fully resolved?

So here in Texas, uh- You know, under that fact pattern, right, we either, you know, we've, we've established where we're going to be.

We're in Texas.

We're fighting a, a case in Texas, and most of the time, like I, I practice law in Central Texas, which is, uh, Travis County, Williamson County, and Hays County, and each one of those counties have what they call standing orders, that the, the judges of those counties got together and said, "Okay, when a lawsuit is filed, these are the rules until we make new rules or until we get into court," that kind of stuff.

And, um, several of those counties have a rule that says you can't leave the state with the child without permission from the other party.

And so if i- in that scenario, if right at the beginning of a case in a, you know, a county with that standing order and they leave, well, they've, they're s- they're in violation of a court order, and that can be an enforcement.

That, that can trigger lots of other things that, uh, the parent who has left the state might not be in a good position.

What should parents focus on if they are dealing with custody issues, uh, cross state lines, and want to avoid creator, creating bigger legal problems for their, uh, themselves later?

Thanks to Answering Legal for supporting this episode.

According to recent Bloomberg Law Workload and our surveys, attorney burnout remains stubbornly high.

We read the think pieces, we attend the wellness CLEs, and yet the churn continues.

As a family law attorney, I operate in a practice area the State Bar routinely identifies as one of the most prone to burnout, secondary trauma, and emotional fatigue.

My firm handles high asset divorces, custody battles, and family dissolution.

It is a pressure cooker.

But over the years, I've realized that burnout isn't just an inevitable side effect of the job.