Texas Family Law

1. What areas of family law do you handle?

Our firm handles a comprehensive range of family law issues, including but not limited to divorce, child custody and visitation (possession and access), child support, modifications, enforcement actions, paternity, adoptions, and protective orders. Whether your case is contested or uncontested, we provide strategic representation tailored to your goals and the best interests of your family.

2. Do I need a lawyer for my divorce?

While you’re not required to hire a lawyer, divorce can have long-lasting legal, financial, and emotional consequences. Having a qualified family law attorney helps ensure that your property is properly divided under Texas Family Code Chapter 7, that the best interests of your children are protected under Chapter 153, and that all procedural requirements are met. We can also help negotiate fair settlements and avoid costly litigation when possible.

3. How is child custody decided in Texas?

In Texas, child custody is referred to as conservatorship. Courts determine conservatorship based on the best interest of the child standard under Tex. Fam. Code § 153.002. This includes evaluating each parent’s ability to care for the child, the child’s emotional and physical needs, the stability of each home, and in some cases, the child’s preference if they are 12 or older (§ 153.009). Courts generally favor joint managing conservatorship unless there is evidence that it would not be in the child’s best interest.

4. What is the difference between joint and sole custody in Texas?

Joint Managing Conservatorship (JMC) means both parents share rights and duties, including making decisions about education, healthcare, and religion. Sole Managing Conservatorship (SMC), on the other hand, gives one parent the exclusive right to make certain decisions. Courts may award sole custody if one parent has a history of family violence, abuse, or absence, as outlined in § 153.131 and § 153.004 of the Texas Family Code.

5. Can child custody be modified after a final order?

Yes. A custody or visitation order may be modified if there has been a material and substantial change in circumstances or if the child is at least 12 years old and expresses a preference to live with the other parent, under Tex. Fam. Code § 156.101. Common changes include a parent relocating, a significant change in the child’s needs, or evidence of danger or neglect.

6. How is child support calculated in Texas?

Child support is determined using a percentage of the noncustodial parent’s net resources under Tex. Fam. Code § 154.125. For one child, the guideline is 20%; for two children, it’s 25%, and so on. Net resources include wages, self-employment income, retirement, and more (§ 154.062). Courts may adjust the amount based on health insurance costs, additional children, or special needs.

7. What if the other parent is not following the court order?

You can file an enforcement action under Tex. Fam. Code Chapter 157. This allows the court to hold the noncompliant party accountable through remedies such as make-up visitation, fines, or jail time in cases of contempt. Enforcement actions require clear documentation of the violations and proper notice to the other party. If you are seeking contempt, you must show that the other party willfully disobeyed the order.

8. Do I have parental rights if I was never married to the other parent?

Yes, but paternity must be legally established first. This can be done through an Acknowledgment of Paternity or court order under Tex. Fam. Code § 160.301 and § 160.601. Once paternity is confirmed, unmarried fathers can seek custody, visitation, and decision-making rights under the same standards as any other parent. Mothers and fathers are treated equally under the law, but rights are not automatic without legal recognition.

9. How long does a divorce take in Texas?

Texas imposes a 60-day waiting period from the date the divorce petition is filed, under Tex. Fam. Code § 6.702. This is the minimum time frame. Uncontested divorces may be finalized shortly after this period, while contested divorces—those involving children, property disputes, or complex financial issues—can take several months or more depending on the court's docket and the parties' cooperation.

10. What should I have on hand during my initial consultation?

During your initial consultation, please have any court documents related to your case, a list of important dates (such as separation or marriage), financial information (including income, debts, and assets), communication records (texts, emails), and a list of your concerns and goals. This will help us provide informed legal guidance and a strategy tailored to your unique situation.