The Process of Divorce Involving

Children and Establishment of

Primary Residency
Lauren Love
Kathleen McCumber
Law Office of Kathleen McCumber
Mrs. Kristi Click
ISM Fall 2015
* Some information in this presentation comes from outside sources*

What is ISM?
Ism is an acronym for independent student mentorship.
Every week a minimum of 2-3 hours must be documented with the

mentor and 3 hours of activity must be documented on an activity log

Along with the documented mentorship hours a journal entry must also
be completed.
At the end of the semester a final presentation and a tangible item must
be presented to share what was learned.
In addition to this, a Weebly website is also created to showcase
everything done for the duration of the semester.
http://laurenloveism.weebly.com /

The Process of Divorce Involving Children

and Establishment of Primary Residency
In the future, I plan to pursue a career in law.
My primary reason in choosing this topic is because it
relates to Family Law.
There are many fields in law and deciding if I like family law
will influence me in the future.
This PowerPoint is about how people get divorced and who is
established as the primary parent.

Mentor
My mentors name is Kathleen McCumber.
She has been practicing law since 1994,
the year she passed the bar.
Qualifications:
General Business Bachelors degree from
U of H Clear Lake 1990
Juris Doctor degree(JD) from Texas
Southern University 1994
Presiding judge of League City

Mentorship Site

Mentorship site- Law Office of

Kathleen McCumber
Has been in business for 20
years
Practices family law in
addition to criminal law
2 lawyers work in the building
with their paralegals

Law and the different fields of law

Law governs the behaviors and actions of society.
Different types of law

Bankruptcy Law
Business (Corporate) Law
Civil Rights Law
Criminal Law
Environmental Law
Family Law
Health Law
Immigration Law
International Law

"Law Meaning in the Cambridge English Dictionary." Law Meaning in the Cambridge English Dictionary. N.p., n.d. Web. 11 Oct. 2015.

Family Law
Family law encompasses a broad range of legal topics involving marriage and
children.
Common family law subjects include divorce or annulment, child custody and
visitation rights, child support payments, and spousal support / alimony.
Family law specifically deals with children in regards toadoption, guardianship,
andstate child protection, anddomestic violenceandrestraining ordersfor adults

Home Nashville Family Law Attorneys." Turner Law Offices. N.p., n.d. Web. 11 Oct. 2015.

"What Is Family Law? Typical Family Law Questions." Legal Match. Ken LaMance, n.d. Web. 11 Oct. 2015.

Divorce
Divorce typically occurs when tensions and problems build

up over time.
It occurs when one or both people in a marriage decide to
call it off.
It leads to frustrations about possessions and children.
The average time a divorce takes is from 61 days to a year.
But, why do marriages fail?

Why do marriages fail?

Individuals change as times goes on

Individual desires and concerns can lead to conflicts
Children can bring their parents into conflicting events
Alcohol and drug abuse
Physical abuse
Boredom and repetition
Unemployment and financial instability
An affair with another man or woman
Inability to communicate
Different family backgrounds and religious beliefs
Trust

"Andrea Mrozek: 'Til Fear of Commitment Do Us Part'"National Post Andrea Mrozek Til Fear of Commitment Do Uspart Comments. N.p.,
n.d. Web. 29 Nov. 2015.
Ducanto, Joseph N. "Why do marriages fail?" American Journal of Family Law Winter 2013: 237+. Academic OneFile. Web. 20 Oct. 2015.

Divorce Myths
Divorce myths are often mistaken as true because they seem like common
sense. The statements below are all myths:
1. Denying a parent visitation rights because of failure to pay child support
2. Infidelity and bad conduct are taken into account by the judge
3. A spouse can deny the other spouse of a divorce
4. Mothers always get custody
5. You must have an attorney in a divorce
6. Children get to choose the parent they live with
"Divorce Myths Uncovered - Divorce Source."Divorce Myths Uncovered - Divorce Source. N.p., n.d. Web. 05 Nov. 2015.

Divorce Grows to 70%- Gallup

Poll
The moral acceptance for divorce is on the rise
This has been monitored since 2001
Research from 2001-2015 has shown a 12% increase in the moral
acceptance of divorce
The acceptance rate in 2001 was 59% and in 2008 it jumped to 70%
It revealed that the extramarital affairs is at the bottom for reasons
that divorces occur.
Tolerance of divorce is comparable to public acceptance of gambling,
the death penalty, embryotic stem-cell research, and premarital sex.
"Cultural Tolerance for Divorce Grows to 70%."Gallup.com. N.p., n.d. Web. 05 Nov. 2015.

Testing the Gallup Poll

Is divorce moral acceptance actually increasing?
https://www.surveymonkey.com/r/VJMSTQM

Divorce Grows to 70%- Gallup

Poll Cont.
There continues to be a higher tolerance among younger adults.
In 2001, 63% of men believed in divorce and 56% of women
believed in divorce.
In 2008, 70% of men believed in divorce and 69% of women
believed in divorce.
Divorce is the only issue measured in Gallup's 2008 Values and
Beliefs survey for which U.S. public opinion has changed to a
significant degree over the past year.
"Cultural Tolerance for Divorce Grows to 70%."Gallup.com. N.p., n.d. Web. 05 Nov. 2015.

How to become a client

The client questionnaire
Consultation for an hour
If they hire, $200 gets applied to their case
Billed at hourly rate of $275
Every time she works on their case she
bills them
This payment is nonrefundable if the client
decides not to hire the attorney

Divorce Process

First, a petition for divorce must be filed.

Second, is a temporary hearing.
Third, is mediation.
If the case doesnt settle at mediation the case will go on
trial before a judge
Fourth, a pre trial conference is held
Fifth, trial takes place
Finally, the judge will make a ruling as to the divorce

Petition for Divorce

States the name of the spouses and address

Date and place of marriage
Whether there is a child or not
Grounds for divorce
Notifies him/her that the divorce process has begun
30 days to answer or it goes to default

Temporary Hearing
Establish the rights and responsibilities of the parents
during the process of divorce
Temporary orders are issued for the individuals to follow
until the final orders are set in place by the judge
Designed to resolve issues while the divorce is pending
Ex. Temporary custody

Mediation
This is required by the court in order to mediate matters
There is a mediator that helps to work out agreements

between the individuals

Talk about distribution of property
Child custody
Child support
Retirement
Taxes

Contested V. Uncontested Cases

90% of cases are okay at mediation
Contested cases- spouses can not agree on issues relating
to their divorce
Uncontested cases- both spouses agree on all their
divorce-related issues.
"What Is a Contested Divorce? | DivorceNet.com."DivorceNet.com. N.p., n.d. Web. 18 Nov. 2015.

Parenting Class
This is required by the court for both parents to take.
Case can NOT be finalized without this

Trial
This is when an agreement cannot be reached and the case wont settle

without litigation.
When proceeding to the court, discovery will take place.
This is were all facts of the case will reveal themselves.
Experts can be called in to assess the value of the a house, business,
or certain assets.
Experts can only testify if youve previously designated them in
discovery period
Can testify who the children would be better off living with

"What Happens If We Go To Court to Divorce? | DivorceNet.com."DivorceNet.com. N.p., n.d. Web. 18 Nov. 2015.

The Judge
In a contested divorce, the decisions normally made by the ex spouses go

into the hands of the judge.

Divorce Discovery then takes place. It is the process in which information
from both spouses and third parties is collected.
The judge will ultimately decide where the child will permanently reside
in a contested divorce.
The judge specifies responsibilities of both parents
A term called joint management conservatorship is used to describe the
rights of the parents of both parties.

"Judge Rules StemExpress Cant Take Videos, Documents From Activist Exposing Planned Parenthood." LifeNews.com. N.p., n.d. Web. 11 Oct. 2015.

The Child/Children
In regards to the divorce it is assured that the children or child will always have contact

with the other parent if they have shown that they are in the best interest of the child
If it is found in the childs best interest is to limit the duties and rights of the parent,
the court may do so.
best interest of the child is in the eye of the beholder, the trier or fact, judge or jury.
According to public policy a safe, stable, and nonviolent enviorement must be
provided for the child
An agreed parenting plan must be made by the parents containing possession of the
child and standard possession order- uncontested divorce

Sampson, John J., Harry L. Tindall, Angela Pence England, and Stephanie Stevens. Sampson & Tindall's Texas Family Code Annotated: With Related State and Federal Statutes and Other
Materials on
Accompanying CD-ROM. N.p.: n.p., n.d. Print.

What are the effects of divorce on

children?
Divorce will always have an inevitable effect on the child
However, the severity of the effects are based upon how
the divorce is handled
Children normally act with signs of distress
Parents have the ability to alleviate the long-lasting
psychological scars.
Frankel, Alan L. "Divorce and Its Effects on Kids - New York Divorce Source." Divorce and Its Effects on Kids - New York Divorce Source. N.p., n.d. Web. 04 Nov.
2015.

Preschoolers
These children will show signs of distress with a change
in appetite, sleeping patterns, and increased tantrums
Increased tantrums can be attributed to the anxiety and
anger they feel about the situation
They show an increased attachment and fearfulness when
separated from the parent or parents
Ex. Daycare
Frankel, Alan L. "Divorce and Its Effects on Kids - New York Divorce Source." Divorce and Its Effects on Kids - New York Divorce Source. N.p., n.d. Web. 04 Nov.
2015.

School Aged Children

These children will exhibit more pronounced feelings of anger,

sadness, and worry.

Some will act like they dont care and others will be in denial.
They may believe they caused there parents to get a divorce
and this is common.
May try to be good to get their parents back together and
can become confused as to why the situation is occurring
Can also show distress by not completing school work and tasks

Frankel, Alan L. "Divorce and Its Effects on Kids - New York Divorce Source." Divorce and Its Effects on Kids - New York Divorce Source. N.p., n.d. Web. 04 Nov. 2015.

Teenagers
Teenagers are more difficult to handle under normal circumstances and

will be very argumentative

Signs of distress include:
School suspensions
Physical fighting
Trouble with the law
Drug and alcohol abuse
Promiscuity
Teens can show withdraw from normal activities and depression

Frankel, Alan L. "Divorce and Its Effects on Kids - New York Divorce Source." Divorce and Its Effects on Kids - New York Divorce Source. N.p., n.d. Web. 04 Nov. 2015.

Product

A fictitious case involving John Doe and ex wife Mary Doe in

the interest of John Doe Jr.

So how does the divorce process work and

what determines who gets the children?
The divorce process is filed with multiple steps that are all
essential to the final ruling.
It starts out as a simple filing for divorce that normally
ends at mediation.
Contested cases go to court and issues are disputed there.
In regards to the children, it is up to the discretion of the
judge where the child has primary residence.

Thank YOU
Id like to thank my mentor, Kathleen McCumber, for
letting me mentor you this semester and providing
me with insight on what it takes to be a family lawyer.
Id like to thank my teacher, Mrs. Kristi Click, for
accepting me into the ISM program.
Finally, Id like to thank my parents, Reyna and Ron
Love, for always supporting me.

Works Cited

"Andrea Mrozek: 'Til Fear of Commitment Do Us Part'"National Post Andrea Mrozek Til Fear of Commitment Do Uspart Comments. N.p., n.d.
Web. 29 Nov. 2015

"Cultural Tolerance for Divorce Grows to 70%."Gallup.com. N.p., n.d. Web. 05 Nov. 2015.
"Divorce Myths Uncovered - Divorce Source."Divorce Myths Uncovered - Divorce Source. N.p., n.d. Web. 05 Nov. 2015.
Ducanto, Joseph N. "Why do marriages fail?" American Journal of Family Law Winter 2013: 237+. Academic OneFile. Web. 20
Oct. 2015.

Frankel, Alan L. "Divorce and Its Effects on Kids - New York Divorce Source." Divorce and Its Effects on Kids - New York Divorce
Source. N.p., n.d. Web. 04

Nov. 2015.

Law Meaning in the Cambridge English Dictionary." Law Meaning in the Cambridge English Dictionary. N.p., n.d. Web. 11 Oct.
20

Nashville Family Law Attorneys." Turner Law Offices. N.p., n.d. Web. 11 Oct. 2015.
Sampson, John J., Harry L. Tindall, Angela Pence England, and Stephanie Stevens. Sampson & Tindall's Texas Family Code Annotated:
With Related State

and Federal Statutes and Other Materials on Accompanying CD-ROM. N.p.: n.p., n.d. Print.

"What Is a Contested Divorce? | DivorceNet.com."DivorceNet.com. N.p., n.d. Web. 18 Nov. 2015.

"What Is Family Law? Typical Family Law Questions." Legal Match. Ken LaMance, n.d. Web. 11 Oct. 2015.
"What Happens If We Go To Court to Divorce? | DivorceNet.com."DivorceNet.com. N.p., n.d. Web. 18 Nov. 2015.