Divorce & Child Custody Issues

When children are in the picture

When children under 18 or pre-graduation are involved, custody rights-duties-responsibilities, possession, support and medical coverage must be evaluated and addressed. These issues require a compassionate but firm advocate for the parent and minor children. When considering the “best interests” of the children, it is important to set aside spousal conflict and differences and create a workable, respectful, dignified parenting plan.

Changes in Texas law concerning child support and other issues require a detailed and careful analysis by experienced legal counsel. We will provide that counsel to you.

We can help you determine what is necessary

When spouses decide to divorce or unmarried parents decide to adjudicate parental rights, there may be uncertainty about any one or more of the following matters while the case is pending:

If one spouse was the primary financial manager, oftentimes the non-managing spouse goes from being comfortable one day to being in the dark the next concerning family finances and debts.

By the same token, if one spouse was the primary caregiver for the children, the other spouse may not be aware of the many daily responsibilities or requirements of child rearing.

To protect spouses and children while a divorce is pending or to protect parents while parental rights are adjudicated, courts will enter Temporary Restraining Orders and/or Temporary Orders which outline the status quo concerning many of these matters.

What's the difference?

Temporary Orders

Some counties (such as Travis County) provide Standing Temporary Orders that apply to ALL family law cases filed in their county. If a county does not issue Standing Temporary Orders or there are matters not covered by the Standing Orders, a hearing may be required to address the above-mentioned matters, if the parties are unable to agree on them while the case is pending.

Temporary Restraining Orders

Temporary Restraining Orders are similar to Temporary Orders, except that notice to the other party that you are seeking the TRO from the court is not required if certain requirements are met and if granted, the TRO expires in fourteen days or less. If a TRO is granted, a Temporary Orders’ hearing (aka Temporary Injunction) will be set to notify the other party of the Orders requested and allow the other party the opportunity to contest the Orders or agree to their terms.

Alimony (also known as 'Spousal Maintenance'

In Texas, certain conditions must apply before a court can order Alimony or Spousal Maintenance. The Texas Family Code outlines the factors that must be evaluated before spousal support is ordered, such as, the duration of the marriage, the criminal acts of one spouse, the earning capacity of a spouse and the ability to support himself or herself, physical or mental disabilities of a spouse as well as other factors. It is important to have your situation evaluated by an experienced attorney to determine if alimony or spousal support is warranted or whether one spouse is seeking support and the other spouse should oppose the request.

Complex child-support scenarios require an experienced attorney

When minor children are involved in a divorce or separation, Texas courts are required to ensure that child support obligations and arrangements are made and financial issues resolved. It is very important to have an experienced attorney to negotiate the child support (and medical support) amount, who will be paying it, how payments will be made, whether retroactive child support is warranted, whether support for a disabled child is an issue, and other matters.

Child support amounts are set by state law and are based off of the net incomes of the parties. Determining the net income is very important. For W-2 wage earners with no other sources of income, determining net income can be relatively easy. Calculating net income for the unemployed, underemployed, business owners, investors, or other non-recurring income earners can be challenging. The final figures can dramatically affect child support obligations. The more complicated your financial situation, the more important it is to have an experienced attorney assisting you. We are here to help.

Other obligations

In addition to child support, parents may also be obligated to share in other expenses, including childcare, education, sports and other activities, health care, travel, and other expenses that may be unique to a particular child.

Child Support Enforcement

Either the parent receiving child support payments or the State of Texas can enforce the child support obligation. We handle child support enforcement and contempt actions and will negotiate and litigate on your behalf for retroactive support payments as well as defending against such claims.

Many combinations for Child Custody (Conservatorship)

Different custody arrangements can be created by the parents or awarded by the court depending on the circumstances and factors in a case. Both parents can share custody, or one parent can be the primary and the other secondary custodian, or there can be other combinations of conservatorship. A parent that is not awarded custody or has noncustodial rights over a child may have supervised visits or visitation depending on what is in the best interests of the children.