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Family Law
Our law firm fully understands the turmoil a family goes through when involved in a divorce, custody battle, or any other contested action. We are dedicated to making sure each client is comfortable in every step of the process. Please contact our firm to set up an appointment to discuss the specifics of your case.

Divorce (Uncontested and Contested Divorces)

What should I do first when I know I want or need a divorce?

The first step is to make sure you find an attorney you feel comfortable with and discuss your situation in detail with him or her. Do not leave any details out and answer the attorney’s questions thoroughly and honestly. Remember, most of the communications with your attorney are confidential and privileged, with some exceptions.

How does the divorce process begin?

The attorney you hire will prepare and file an Original Petition for Divorce in the county you reside. After discussing the details of your case, your attorney will help you decide whether a temporary restraining order and/or temporary orders are needed in your case. Such orders are necessary only to set out temporary custody arrangements, temporary child support, temporary injunctions, and other temporary matters which can be discussed with your attorney. If there is family or domestic violence in the household, you may also need additional protections available to you under Texas law such as a Protective Order.

How long does the divorce process take?

Texas law requires a minimum waiting period of 60 days starting from the day of filing for divorce until a final decree of divorce can be entered. However, a contested divorce will most likely take longer to finalize, depending on the specifics of your case.

What happens after filing the divorce?

In a contested divorce, a temporary orders hearing will most likely be necessary. After consulting with your attorney, they will help you determine whether such orders are needed. If needed, your attorney will file a notice of hearing for temporary orders and may obtain a hearing date within two weeks of the request, depending on the Court’s schedule. Other steps after filing a divorce include mediation, discovery, social study, and other steps which may be discussed with your attorney.

How is spousal maintenance determined?

Spousal support could be ordered to be paid by one spouse in temporary orders. There are various criteria that must be considered before determining whether one party is eligible to receive spousal support, both temporarily and after the divorce has been finalized. Please discuss the specifics of your case with your attorney with regards to spousal maintenance in order for them to determine whether it is an option.

Modification

Can my child support payments be modified?

Texas Law provides for various circumstances in which a child support obligation may be increased or decreased. Child support may be increased or decreased if there has been a substantial change in circumstances of the parties or the needs of the child. Child support can also be modified if it has been at least three years since the last child support order, and the new amount calculated under the child support guidelines differs by either 20% or $100.00 from the amount of support previously ordered.

Can child support be increased if the income of the personpaying child support has increased?

Your attorney must show a substantial change in circumstances of one of the parties. As long as the Court finds that the increase is a substantial change in circumstances or it has been at least three years since the last child support order, and the new amount calculated under the child support guidelines differs by either 20% or $100.00 from the amount of support previously ordered, then a Court may increase child support payments.

Can my child support payments be lowered?

Your child support payments may be lowered if you can show that losing your job was not your fault and you had no choice but to take a lower-paying job. If you choose to take a lower paying job, a Judge would not likely lower your child support obligation.
If my child wants to live with me, what would be the process?
Your attorney would need to file a Motion/Petition to Modify conservatorship, visitation and child support. Further, if your child is 12 or older, he or she may sign a choice of managing conservatorship to let the Court know they want to live with you. You may not stop paying child support until a Court terminates your child support obligation. If you stop paying child support prior to modifying, you will accrue arrears for child support. Generally, courts will not forgive arrearages occurring prior to the date you file for a modification.

Can child custody or visitation be modified?

Yes. The grounds for a modification depend on your individual circumstances, however, a Court must determine the modification sought is in the best interest of the child.

When can I file a Motion to Modify for custody?

If you want to change conservatorship within one year of the original order, then you must meet certain requirements, along with a sworn affidavit from the party seeking the modification. However, in an emergency situation, a modification can be filed at any time.

Child Custody/Conservatoship

What does conservatorship mean?

Under the Texas Family Code, conservatorship refers to child custody. There are different rights and duties associated with different types of conservatorship. For example, parents can be appointed Joint Managing Conservators (JMC), which gives both parents generally the same rights and duties. However, one parent will be awarded the primary right to designate the child’s residence. The other parent is then generally entitled to visitation of the child as per the standard possession order set out in the Texas Family Code. The primary parent will most likely also have the right to receive child support. Most custody cases result in the parents being appointed JMC’s when family violence or other danger is not involved.

Another type of conservatorship is Sole Managing Conservatorship. Texas Courts require a parent seeking sole managing conservatorship to show it is in the best interest of the child.

What is standard possession?

The non-primary parent is usually awarded standard possession of the child(ren), depending on the age of the children, whether there’s family violence, and of course whether it’s in the best interest of the child. Standard possession under the Family Code may vary depending on several factors, however, it generally allows for the non-primary parent to have possession and access of the child(ren) on the first, third, and fifth weekend of each month. The standard possession order (SPO) also allows for the non-primary parent to have access to the child(ren) one day a week (Wednesday or Thursday) for two hours. The SPO also includes visitation for summers and holidays throughout the year.

It is also possible to deviate from the SPO in certain circumstances where a parent proves it would be in the best interest of the child or in a circumstance where the parents agree to such a deviation.

What factors are considered when determining conservatorship?

Texas Courts use a wide variety of factors when determining the conservatorship of the parents. However, the most important factor is the best interest of the child. In evaluating what is the best interest of the child, the Court considers the following:

1. If the child is twelve years of age or older, the Court may consider who the child wishes to primarily live with by filing a Choice of Managing Conservator with the child’s signature;
2. Family violence;
3. Drug or alcohol abuse;
4. Sexual abuse of the child the subject of your suit or any other suit;
5. Child abuse, neglect, endangerment;
6. Forms of discipline of each parent;
7. The child’s behavior with each parent.

There are many factors to be considered in making such a determination. Please contact our office to speak to an experienced attorney regarding the specifics of your case.

Child Support

Who is required to pay child support?

The parent who has the primary conservatorship or custody of the child is entitled to receive child support from the other party or parent. The party obligated to pay child support is named the “obligor.” The party entitled to receive child support is named the “obligee.”

How is the amount of child support payments determined?

Under Texas law, child support is determined by the set guidelines in the Texas Family Code. The formula only applies to the first $6,000.00 of the obligor’s monthly net resources. If the Obligor has no other children, the percentages are as follows:

•1 child - 20% of Obligor's Net Resources
•2 children - 25% of Obligor's Net Resources
•3 children - 30% of Obligor's Net Resources
•4 children - 35% of Obligor's Net Resources
•5 children - 40% of Obligor's Net Resources
•6 or more children - Not less than 40%

If the Obligor has another child or children not the subject of yoursuit or from another parent, the above percentages will likely be reduced.
Will the Court consider how much the Obligee makes when determining the amount of child support?
No. In most situations, Courts will not take into consideration the primary parent’s income when determining what the other parent’s child support obligation should be.

Property division

What is a likely property division under Texas law?

First, you must provide your attorney with a list of all property/assets and a list of debts. Then, your attorney must determine whether the property will be considered “separate” or “community.” Under Texas law, Courts presume that all property acquired by the parties during the marriage is community property. Separate property is property owned by a spouse prior to the marriage or acquired by a spouse during marriage by gift or inheritance. The party claiming separate property has the burden of proving that the property is not community property.

Under Texas law, how is community property divided between spouses in a divorce?

Texas law provides that a Court shall divide community assets and liabilities in a “just and right” manner. Most of the time, the community assets and liabilities are divided 50/50. However, in some cases, a Court may award a greater percentage of the community property to one spouse over another. In making such a division, a judge will consider relevant factors, including:
1) Fault in the break-up of the marriage;
2) Differences in earning capacities and education;
3) Age and health of the parties;
4) Any special needs of the parties;
5) Separate property or potential for inheritance of either spouse

Enforcement actions

What are the different grounds for enforcement that may be filed?

An enforcement action may be filed in the Court that rendered the underlying order for almost any provision in that order. For example, if a divorce is filed with custody, child support, and property division terms in the order, then that Court can enforce the relevant terms of that order.

What can be done if I am not receiving the child support previously ordered?

If a child support payment is thirty days late, then your attorney may file an enforcement action in the Court that ordered the child support. Your attorney may request that the Court find that the Obligor is in contempt and to order the Obligor to go to jail.

How can my visitation, possession, and/or access rights be enforced?

If you have an order of the Court awarding you visitation on certain days, then the custodial parent (the parent with primary possession of the child) must surrender the child or children to you on the days provided in the Court’s order. If you make every attempt to visit the child on the days you have the superior right of possession, keep track of each circumstance. Present your case to an attorney in order for them to determine whether there has been a violation of the Court order. Generally, even a custodial parent must provide the non-custodial parent the child on the Court-ordered visitation days, otherwise they will be in contempt of Court.

Termination of Parental Rights and Adoption

What does it mean to terminate my parental rights?

When a parent’s rights have been terminated, it literally means that parent no longer has any right or claim to the child. The parent can not go back at a later date and try to reinstate their rights. Once the rights have been terminated, there is no going back. That parent can no longer be obligated to pay child support or receive child support. They also cannot have any rights to visitation of the child.

Can anyone terminate their parental rights?

The Courts do not allow just anyone under any circumstance to terminate their parental rights. There are several criteria set out in the Texas Family Code that have to be met before a Court will terminate rights. One example of grounds for termination include abandonment. Most courts require an ad litem to be appointed to determine whether the termination is in the best interest of the child.

How can I adopt my stepdaughter/stepson?

First, the biological mother and father’s rights have to be either terminated or they have to consent to the adoption. If you are the step-father, then the biological father’s rights must be terminated before you can adopt the child. However, a petition to terminate an adopt can be filed with the Court simultaneously. If you are a step-parent, some of the requirements of an adoption may be waived, such as the criminal background check.

Intervenors, Grandparents rights, and CPS involvement

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