Family law governs legal matters involving marriage, children, and domestic relationships. It shapes crucial decisions about child custody, spousal support, and property division during the divorce process. This area of the law provides a framework for ensuring fairness and stability when marriages end, or loved ones cannot see eye-to-eye.
Understanding legal rights and responsibilities is crucial as laws evolve to address modern family dynamics. Family law covers a wide range of issues, from protecting parental rights to ensuring financial security and safeguarding individuals through protective orders. An attorney to guide you through this system may be your best chance at a fair outcome.
Child Custody & Visitation
Child custody laws determine how parents share responsibilities and parenting time after a separation or divorce. Texas recognizes both legal and physical custody, with arrangements ranging from sole custody, where one parent has primary decision-making authority, to joint custody, where both parents share responsibilities.
The courts prioritize the best interests of the child when making custody decisions. A judge must consider factors such as each parent’s ability to provide a stable environment, the child’s emotional and physical needs, and any history of domestic violence or neglect.
Visitation schedules are often established to ensure meaningful relationships with both parents, though modifications may be necessary if circumstances change, such as relocation or significant life events.
Child Support
Child support is a financial obligation intended to ensure that children receive adequate care, housing, education, and healthcare following a separation or divorce. Texas uses a guideline-based system to calculate payments, considering factors such as the non-custodial parent’s income, the number of children being supported, and additional expenses such as medical costs and daycare.
Courts may also consider extraordinary expenses, such as special medical needs or private schooling. Enforcement mechanisms exist to ensure compliance, including wage garnishment and legal penalties for non-payment. Support orders can sometimes be modified if a parent’s financial situation changes significantly due to job loss or medical issues.
Divorce
Divorce in Texas follows community property laws, which means marital assets and debts are typically divided fairly. Courts consider factors such as the length of the marriage, financial contributions, and earning capacity when determining property division. Spousal support, or alimony, may be awarded in cases where one spouse requires financial assistance to maintain stability after the marriage ends.
Divorce proceedings may be contested, involving disputes over assets and child custody, or uncontested, where both parties agree on terms. Mediation is often used to reach settlements outside of court, minimizing conflict and legal expenses. Our firm works to resolve these cases without drawn-out disputes or litigation whenever possible.
Prenuptial & Postnuptial Agreements
Prenuptial and postnuptial agreements establish financial terms between spouses before or after marriage, defining how assets and debts will be handled in the event of divorce or death. These contracts can protect individual property, clarify financial responsibilities, and set expectations regarding spousal support if the couple ends their relationship.
Texas courts generally uphold these agreements if they are fair. Full financial disclosure is essential to ensure fairness and prevent future disputes, and any evidence of fraud or coercion during the execution of a marital contract can render it void.
While most people believe these agreements are only for the wealthy, they can be a helpful tool for most couples as they provide a firm footing in the marriage free from misunderstanding regarding financial issues.
Protective Orders
Protective orders, commonly known as restraining orders, provide legal protection for individuals facing domestic violence, harassment, or threats. Texas law allows victims to seek temporary or long-term protective orders that prohibit an individual from different types of behavior, including:
- making contact in-person or online
- visiting shared residences
- engaging in threatening behavior
- coming to the person’s workplace
Violating a protective order carries legal consequences, including arrest and criminal charges. These orders are often issued in cases involving domestic disputes. There are steep consequences that come with violating the terms of these agreements, and our firm will work tirelessly to help you find the protection you deserve.
Reach Out to Bartlett Law, PLLC Today
Your family law matter is important, and you deserve support from experienced professionals who will aggressively advocate on your behalf. Reach out to Bartlett Law, PLLC, today to learn more.