Family Law Attorney in Texas
In life, we often find ourselves crossing paths with the unexpected, particularly in matters related to family law. These can be some of the most challenging times, emotionally and legally. During these times, you need not just a lawyer but a dedicated, understanding, and highly experienced family law attorney who will fight for your rights, future, and peace of mind. At Scott M. Brown, we are committed to supporting and guiding you through every step of your family law issue. Texas Family law covers a broad range of legal matters. Let’s look at some of the most common ones:
- Divorce: Texas has both fault and no-fault divorce laws. This means you can file for divorce citing marital misconduct or simply irreconcilable differences. Property division in Texas adheres to the “community property” law, which often requires equal division.
- Child Custody & Visitation: Child custody laws in Texas focus on the child’s best interests. Joint custody is common, but sole custody can be granted based on various factors. Visitation rights are generally given to the non-custodial parent.
- Child Support: Child support in Texas is determined using a specific formula based on the non-custodial parent’s income and the number of children involved.
- Spousal Support: Texas courts may grant spousal support under specific conditions, such as disability, long-term marriage, or family violence.
- Adoption: Texas law allows various types of adoption, including agency adoption, private adoption, international adoption, and stepparent adoption.
- Domestic Violence: Family law also addresses matters of domestic violence, offering protection for victims and repercussions for perpetrators.
- Paternity: Texas law has procedures to establish paternity, which affects child custody, visitation, and child support.
The Divorce Process in Texas
The divorce process in Texas family law courts can generally be broken down into ten phases:
- Residency Requirements: To file for divorce in Texas, at least one spouse must have been a state resident for a continuous six-month period and a county resident where the divorce is filed for 90 days.
- Petition for Divorce: The divorce process begins when one spouse (the petitioner) files an Original Petition for Divorce with the court. This document outlines the grounds for divorce, identifies the parties involved, states the couple’s children’s names and ages, and describes what the petitioner wants in terms of division of property, custody, child support, etc.
- Service of Process: The petitioner must ensure that the other spouse (the respondent) is officially notified of the divorce. This typically involves a process server or law enforcement officer delivering the papers to the respondent. If the respondent agrees to the divorce, they can waive the service of process.
- Response: The respondent then has a chance to file a written response, typically within 20 days. In the response, they can agree with or dispute the facts and terms outlined in the petition.
- Temporary Orders: If needed, the court can issue temporary orders that dictate specific actions until the divorce is finalized. These might cover child custody, child support, spousal support, use of property, etc.
- Discovery: Both parties exchange information and documents related to their assets, income, debts, and other matters. This step is known as the discovery process.
- Negotiation or Mediation: Before going to court, spouses often try to negotiate a settlement. If they have trouble agreeing, they might go to mediation. Mediation involves a neutral third party who helps the spouses reach an agreement.
- Trial: If mediation fails or isn’t pursued, the divorce case goes to trial. Each spouse, usually with the help of their respective lawyers, presents their case before a judge. The judge will make decisions on all contested issues.
- Final Decree of Divorce: Once all issues have been resolved, the court issues a Final Decree of Divorce. This document states all of the divorce terms, including property division, child custody, visitation schedules, child and spousal support, etc.
- Waiting Period: In Texas, there is a 60-day waiting period from the date the divorce petition was filed until the court can finalize the divorce.
Throughout these steps, it’s essential to have a competent attorney to guide you, protect your interests, and ensure your rights are upheld. Divorce is a complex and emotionally charged process; guidance can make all the difference.
Understanding Child Custody and Visitation Rights in Texas
In the state of Texas, as in many jurisdictions, child custody and visitation rights are primarily determined with the child’s best interest at heart. The state recognizes two types of custody: Joint Managing Conservatorship (JMC) and Sole Managing Conservatorship (SMC).
- Joint Managing Conservatorship (JMC): This is essentially joint custody. Both parents share the rights and duties of a parent. Even so, the rights (like the right to decide the child’s primary residence) might not be equally shared. Joint Managing Conservatorship doesn’t necessarily mean the parents will have equal periods of physical possession of the child.
- Sole Managing Conservatorship (SMC): This means that one parent (the sole managing conservator) has more rights in making certain decisions or exclusive rights to make certain decisions. The other parent typically has visitation rights and pays child support.
Visitation rights, known as “possession and access” in Texas, are usually granted to the non-custodial parent. The standard possession order (SPO) provides a guideline for parents to follow, which includes visitation schedules for holidays, weekends, and school breaks. For example, the non-custodial parent usually gets the child every first, third, and fifth weekend of the month, alternating holidays, and an extended time in the summer.
However, these are just general guidelines, and the actual custody agreement can be tailored based on the child’s best interests, the parents’ agreement, and the discretion of the court. It’s also important to note that parents can modify the child custody or visitation order if there’s a significant change in circumstance or if it’s in the child’s best interest.
Also, if the child is 12 years or older, they can have a say in where they want to live, although the final decision still rests with the court.
In any case, it’s recommended that parents seek legal counsel to understand their rights and responsibilities better and to navigate the intricacies of the child custody and visitation process.
Navigating the complexities of Texas family law can be overwhelming. Without an experienced attorney, you may inadvertently jeopardize your rights or fail to realize the full extent of what you’re entitled to. That’s why it’s crucial to have an attorney to represent you. As professionals in family law, we at Scott M. Brown understand the importance of skilled legal guidance. We’ve broken down why it’s critical to hire an experienced family law attorney:
- Understanding of the Law: An experienced family law attorney knows Texas family law’s intricate and multifaceted landscape. They can explain your rights, responsibilities, and the likely outcomes of your case.
- Paperwork and Court Procedures: Legal paperwork can be confusing and time-consuming. An experienced attorney can handle all your paperwork, ensuring it is correct and timely filed.
- Negotiation and Mediation Skills: In family law cases, negotiation or mediation often occurs before the court. An experienced attorney will have developed superior negotiation skills over their career.
- Support during Emotional Times: Family law cases can be emotionally draining. A good attorney will not only guide you legally but will also be there to support you emotionally.
- Objectivity: In emotionally charged situations, an attorney can provide an objective, third-party perspective, ensuring you make rational decisions.
- Protecting Your Rights: Above all, an attorney’s primary job is to protect your rights and ensure you are treated fairly by the court system.
How to Calculate Child Support Payments in Texas
The state of Texas calculates child support based on the net resources of the noncustodial parent, who is the parent not primarily responsible for the day-to-day care of the child or children. This is done to ensure that children receive financial support from both parents.
Here’s how the process generally works:
- Calculate Net Income: First, the noncustodial parent’s gross income is determined. This can include income from various sources, such as wages, salaries, commissions, bonuses, overtime, tips, interest income, dividends, etc. It can also include income from rental properties, retirement plans, pensions, trusts, annuities, social security benefits, unemployment benefits, workers’ compensation benefits, and more. From this gross income, certain deductions are made to arrive at a net income figure. These deductions can include social security taxes, federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction, state income tax, union dues, expenses for health insurance or cash medical support for the child, and non-discretionary retirement plan contributions.
- Apply Percentage Guidelines: The Texas child support guidelines specify a percentage of the noncustodial parent’s net resources to be paid in child support, depending on the number of children. These percentages are*:
- 20% for one child,
- 25% for two children,
- 30% for three children,
- 35% for four children,
- 40% for five children,
- Not less than 40% for six or more children.
Please note that the percentages apply to the first $9,200 of the noncustodial parent’s net monthly resources.
- Consider Additional Factors: The court may adjust the child support amount based on additional factors. These might include the age and needs of the child, the ability of the parents to contribute to support, financial resources available, amount of time of possession and access to the child, child care expenses, any spousal maintenance paid or received, benefits like social security or veterans’ benefits, travel costs for visitation, education expenses, and more.
The exact process can be complex and varies from case to case, so it is highly recommended that parents involved in a child support matter consult with a knowledgeable family law attorney. , so it would be best to check for any recent developments.
*Laws are subject to change. Many factors are taken into consideration with child support matters in Texas. You should always consult an experienced family law attorney in Texas before making legal decisions. You should never rely on a website for legal information, including this one.
Spousal Maintenance under Texas Family Law
Spousal maintenance (commonly referred to as alimony elsewhere) in Texas is governed primarily by theTexas Family Code, Sections 8.051 through 8.056.
- Eligibility (Texas Family Code Section 8.051): The court may order maintenance for a spouse if the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that constitutes family violence or the spouse seeking maintenance will lack sufficient property upon divorce to provide for the spouse’s minimum reasonable needs and:
- The spouse seeking maintenance is unable to earn sufficient income to provide for the spouse’s minimum reasonable needs because of an incapacitating physical or mental disability.
- The spouse seeking maintenance is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.
- The spouse seeking maintenance has been married to the other spouse for ten years or longer and lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs.
- The spouse seeking maintenance lacks earning ability in the labor market to provide for the spouse’s minimum reasonable needs.
- Determining the Amount of Maintenance (Texas Family Code Section 8.052): The court will consider all relevant factors when determining the nature, amount, duration, and manner of periodic payments, including:
- Each spouse’s ability to provide for that spouse’s minimum reasonable needs independently.
- The education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to earn sufficient income, and the availability and feasibility of that education or training.
- The duration of the marriage.
- The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance.
- Acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common.
- The contribution by one spouse to the education, training, or increased earning power of the other spouse.
- The property brought to the marriage by either spouse.
- The contribution of a spouse as a homemaker.
- Marital misconduct, including adultery and cruel treatment, by either spouse during the marriage.
- The history or pattern of family violence, as defined by Section 71.004.
- Duration of Maintenance (Texas Family Code Section 8.054): The time for which maintenance is ordered varies based on the length of the marriage and circumstances. In general, the court orders maintenance for the shortest reasonable period that allows the spouse seeking maintenance to earn sufficient income unless the spouse is taking care of a child who requires significant care due to a physical or mental disability.
- Limitations (Texas Family Code Section 8.055): A court may not order maintenance that requires a spouse to pay more than the lesser of $5,000 per month or 20 percent of the spouse’s average monthly gross income.
Again, always consult with a legal professional for the most accurate and up-to-date information. This is just a general overview and might not include all relevant considerations or recent changes in the law.
Adoption Process in Texas
The Texas Family Code governs the process of adoption in Texas, and there are several key steps involved:
- Preparation: The prospective adoptive parents must first complete an application with a state-licensed adoption agency. This application typically includes information about the family’s background, financial stability, home environment, and reasons for wanting to adopt.
- Home Study: A home study is conducted after the application is accepted. This is an assessment of the prospective adoptive parent’s ability to provide a safe and loving environment for a child. This includes interviews, home visits, and background checks.
- Matching: Once the home study is approved, the prospective adoptive parents are matched with a child or children. The match is based on the child’s needs and the parent’s abilities.
- Placement: The child is then placed with the prospective adoptive parents for a period of at least six months. During this time, the adoption agency conducts post-placement visits to ensure the child adjusts well.
- Finalization: At the end of the placement period, a court hearing is held to finalize the adoption. The judge will decide based on the child’s best interests.
You can find additional information in the Texas Family Code sections below
- Chapter 162, Adoption, primarily covers the regulations and procedures for adoption in Texas. It includes the definitions and general provisions (Subchapter A), the procedures for adoption (Subchapter B), records and confidentiality (Subchapter C), and the provisions for post-adoption contact agreements (Subchapter D).
- Section 162.001, Who May Adopt and Be Adopted, clarifies that an adult may adopt a child, and a child residing in Texas may be adopted.
- Section 162.008, Investigation, covers the home study and background check process.
- Section 162.010, Petition to Adopt, outlines the process and requirements for filing the adoption petition in court.
- Section 162.014, Effect of Adoption, explains the legal effect of an adoption decree, such as the adopted child having all the rights and privileges as if the child were the biological child of the adoptive parents.
Understanding Domestic Violence Laws
Domestic violence, also known as family violence, is addressed under Texas law, primarily in the Texas Family Code and Texas Penal Code. It is considered a crime and is taken very seriously.
According to Title 4, Subtitle B, Chapter 71 of the Texas Family Code:
- Family violence is defined as an act by a member of a family or household against another member that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself (Sec. 71.004).
- Dating violence is also recognized as an act committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim (Sec. 71.0021).
- An Application for Protective Order can be filed by a member of a dating relationship, a member of a family or household, or by a prosecutor or the Department of Family and Protective Services. The application must describe the facts and circumstances concerning the alleged family violence and be signed by the applicant under oath (Sec. 81.001 – Sec. 81.007).
- A court can issue a Protective Order if it finds that family violence has occurred and is likely to occur in the future. This order prohibits the perpetrator from committing further acts of family violence, communicating with the victim or any member of the victim’s family or household, and going near the residence, workplace, or school of the victim or members of the victim’s family or household (Sec. 85.021 – Sec. 85.022).
In terms of criminal penalties, the Texas Penal Code states that an offense of family violence can range from a Class C misdemeanor (Assault by Threat, Penal Code Sec. 22.01) to a first-degree felony, depending on factors such as the nature of the offense, whether the person has been previously convicted of a family violence offense, whether the offense involved choking or suffocating, and whether a weapon was used.
Establishing Paternity Under Texas Law
Under Texas law, paternity refers to the legal recognition of a man as the father of a child. Paternity is crucial because it establishes important rights and responsibilities, such as child support, visitation, and inheritance. Various methods can determine paternalism, including voluntary acknowledgment, genetic testing, or court order.
- Voluntary Acknowledgment: If the biological mother and the alleged father agree on paternity, they can sign a legal document called the “Acknowledgment of Paternity” (AOP). By signing this document, both parties acknowledge that the man is the child’s biological father. The AOP is typically signed at the hospital shortly after the child’s birth or can be signed later at the local birth registrar’s office.
Texas Family Code Section 160.301 governs voluntary acknowledgment of paternity. It outlines the requirements for completing and filing the AOP and the legal consequences of signing the document.
- Genetic Testing: If there is a dispute or uncertainty about paternity, the court can order genetic testing to determine the biological relationship between the alleged father and the child. The court can order DNA testing for the mother, child, and alleged father. The test results, which typically have a high degree of accuracy, can establish or disprove paternity.
Texas Family Code Section 160.505 addresses the genetic testing process and the admissibility of the test results in court.
- Court Order: If the alleged father denies paternity and genetic testing is unavailable or inconclusive, a party can file a lawsuit in court to establish paternity. The court will consider all available evidence, including testimonies, medical records, and other relevant information. If the court finds sufficient evidence to support paternity, it will issue a court order declaring the man as the child’s legal father.
The relevant Texas Family Code sections for court-determined paternity include Section 160.601, which allows a court to adjudicate parentage, and Section 160.607, which outlines the process for challenging a paternity determination.
At Scott M. Brown, we are more than just attorneys; we are your advocates and advisors when you need it most. We offer comprehensive family law services backed by years of experience, profound knowledge of Texas laws, and a passion for justice. Your journey through family law matters can be confusing and intimidating.
But remember, you are not alone. With Scott M. Brown by your side, you’ll have the assurance of knowledgeable, compassionate, and dedicated legal support. We will walk this journey with you, handling every step with care, competence, and commitment.
If you or a loved one is facing a family law issue, don’t wait. The decisions you make now can have long-lasting effects. Allow us to help you navigate these complicated matters. Take the first step towards peace of mind. Contact us today to schedule a consultation. Your future is worth fighting for, and we’re ready to fight for you.
