Family Law in Texas

In Texas, if both parents cannot agree on an arrangement for minor children in a divorce, the court will decide who will have possession and decision-making authority for the children's upbringing. When making a decision about the custody of minor children in a divorce, the court considers various factors, such as the welfare of the child, any past instances of domestic violence, and the opinions of children who are 12 years or older. In certain situations, child custody agreements can be reached outside of court through mediation. If an agreement cannot be reached, legal action may be the next step, and our team is ready to represent you in any situation. We assist clients in seeking modifications to existing child custody orders if there has been a significant change in circumstances.

Typically, courts in Texas support children maintaining relationships with both parents, unless there are exceptional circumstances. The parent without primary physical custody usually has a scheduled visitation time that must be respected by the other parent. Our team can assist in negotiating these terms and ensure that fair access to the child or children is maintained.

A divorce decree requires both parents to comply with all its terms, including a visitation schedule. If the parent with possession denies the other parent access to the children according to the visitation guidelines, the affected parent may file a court motion to enforce the order. Our attorneys are well-versed in different enforcement remedies, including those related to denied visitation.

Our experienced litigators are well-equipped to handle contested divorces and other family law conflicts that may require court action. We are committed to fighting for your interests and will not hesitate to take your case to trial if necessary. However, we also consider alternative dispute resolution options when appropriate.

In Texas, your assets will be considered either “community property” or “separate property.” Assets acquired during the marriage are considered community property, even if only one spouse's name is on the ownership documents. An asset is considered separate property if it was obtained before the marriage, as a gift, inheritance, or as part of a personal injury award or settlement. In Texas, only property acquired during the marriage is subject to division in a divorce. Our team is experienced in handling complex property division disputes, including disputes over allegedly mixed property, retirement benefits, farms, ranches, and other assets. Our family law attorneys in Texas can help you negotiate a fair division of assets, including property, investments, and retirement accounts.

Many couples opt to use prenuptial agreements as a way to safeguard their assets and plan for potential divorce. By creating a prenuptial agreement, couples can proactively identify separate property that would be exempt from division during a divorce. These agreements can also establish enforceable terms for things such as estate planning tools, homestead rights, control of property during the marriage, and division of retirement and employment benefits. Our firm can assist in drafting prenuptial agreements that align with your goals and protect your interests.

Some aspects of a divorce decree may not be permanent and can be modified if a significant change in circumstances occurs. Modifications to child custody, child support, and spousal support can be requested with the proper justification. We can evaluate your case and advise if your current situation warrants a modification.

Texas's paternity laws are continually evolving. Under recent legislation, an individual who has been mistakenly identified as a child's father and is therefore responsible for paying child support, can now file a petition to correct the wrongful determination. Paternity can also be established through DNA fingerprinting or acknowledgment of paternity forms. Our firm can answer any questions you may have about Texas paternity laws and help you understand your rights and responsibilities.

During a contested divorce, couples must decide on matters such as property division, child custody, child support, spousal maintenance, and more. If a compromise cannot be achieved, the matter may require a court trial. Our firm has extensive experience handling all aspects of divorce and can guide you through each stage of the process.