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Houston Texas Family Law Attorney

Family law cases and disputes can become extremely explosive. Usually, both parties think they are in the right, and this means that they can be particularly stubborn when it comes to conceding or coming to arrangements.

Partners arguing over the division of assets in a messy divorce, spouses fighting for child custody, ex-spouses refusing to pay child support or spousal support, these cases involve a lot of emotions, and this can make it easy to get overwhelmed in the process.

The best way to navigate family law matters is to obtain representation from a skilled and experienced family lawyer. With their skills in negotiation and mediation, you may be surprised by what you can achieve with their help.  You also need a family law attorney that can prepare and present your case to the Court in the event negotiations are not successful. 

Contact The Farias Law Firm Today!

At The Farias Law Firm, our family law practice can assist you with your family law matter. We can assign a dedicated Houston, Texas, family lawyer to your case, one with experience and a proven track record for achieving favorable outcomes.

Once you have obtained representation from one of our team, you can take a step back, confident in the fact that you are in the most capable hands. We can advise you throughout the process, explain your rights and options, and develop a comprehensive plan for your case.

Our main focus, as family law attorneys, is to help you and your family move on towards a new future, whatever that looks like. Call us today on 713-364-3942 to see how we can help you.

The Traits of a Capable Houston, Texas Family Law Attorney?

Most clients who come through our doors have never had the need to retain an attorney before, and this can make it a difficult decision. Family law matters come with a lot of emotion wrapped up in the case and can have a massive effect on your life for years to come.

When researching which local family lawyer to hire, here is what we recommend you look for.

Track Record For Success in Similar Cases

You should always ask any potential divorce attorney if they have won favorable outcomes for clients in similar cases to yours. The more cases they have dealt with that are similar to your own family law issues, the better they will be equipped to handle your own.

Ask them for previous testimonials, and be wary of any attorney who is unwilling to provide you with evidence of previous wins.

Accessibility

You should remember that a good family law attorney will usually have a full caseload all year round. This means you may not have immediate access to them whenever you want to.

You should, however, feel like they make time for you as their client and that they return your calls and messages promptly.

Personality

Family law matters are personal, and you need to feel comfortable discussing them with whichever family law lawyers you have on your case. If you do not feel comfortable, you should look elsewhere, as this may affect their ability to represent you.

Questions to Ask a Potential Divorce Attorney

  • What is your level of experience?
  • Have you dealt with similar cases to mine in court?
  • Who is your typical client?
  • What is your legal focus?
  • When can I expect communication?
  • Can you show me testimonials from your previous clients?

Do I Need a Houston, Texas Family Law Attorney for My Divorce Case?

By obtaining representation from an experienced family law attorney, you ensure that you have an advocate on your side that has no emotional involvement. They can advise you from an unbiased place of clarity. This means they will seek the best outcome for you personally without letting emotions cloud their judgment.

Your Houston, Texas, family lawyer will also take over all the paperwork, negotiations, and communications with the other party. If tempers begin to rise, your attorney will attempt to defuse the situation, and failing that, they will end the discussions and arrange for a Court hearing to address any disputed matters..

The Farias Law Firm Practice Areas

Modification of Court Orders

Court orders are legally binding, and if you are named in one, you must follow the instructions within to the letter. This means you cannot simply decide to stop paying for things like child support or spousal support if the order says you must pay.

However, court orders are not set in stone. With the right reasons, such as a drastic change in circumstances, you may be able to seek a modification of your order. Examples of what classifies as a drastic change in circumstances may be losing a job or developing a serious illness that affects the person’s ability to work.

The other reason why the courts in Texas may look at modifying an order is if it is to protect your children. If you have reason to believe your children are no longer safe with a family member, the judge may modify your order, given you provide enough strong evidence to do so.

For the best chances of seeking a modification of a court order, you should always seek a modification with a family law attorney. They will help you craft your modification and help you obtain the evidence necessary to support your modification.

Child Support

In Texas, you are expected, as a parent, to split the responsibilities in a way that means all your child’s needs are covered between the two of you. If you decide to separate or  divorce, you are still expected to ensure that all of these needs are covered.

This means that the custodial parent of the child may need to seek child support from the other party in order to ensure that the child’s needs are taken care of after the separation or divorce.

A skilled Houston family law attorney will be able to help you in all family-related legal matters and will assist you if you wish to seek child support.

High-Asset Divorce

When a marriage involves two individuals and a number of high-value assets, it can become extremely complicated to divide them. Some assets may include investments or stocks and retirement funds which could be worth a lot more in the future than they are now.

To begin with, all property will need to be divided into separate and community property.

Separate property is any asset obtained before the marriage. Separate property may also include gifts and inheritance.

Next, you have community property, which is any asset that has been obtained during the marriage.

Under Texas law, assets must be divided in a just and right manner. To ensure you are treated fairly, you should obtain representation from an experienced family lawyer who deals with asset division. They may speak to expert witnesses to value the more complicated assets involved.

Child Custody

Child custody disputes can be tricky to deal with. Both parents may want full custody, and they do not realize that their arguments and emotions are having an effect on the child.

In Texas, the courts, judges, and family law attorneys of the state will always fight for what is in the child’s best interests. Studies have shown that children have the best chance at healthy development when they have access to both parents, and we agree.

However, if you have reason to believe your ex-spouse should not have custody for reasons that will affect the safety of your children, you need to talk to your divorce and family law attorney. They will help you navigate your child custody dispute.

Mothers and Fathers’ Rights

In Texas family law, both parents have equal rights, and no gender bias should be allowed to affect the decisions of a judge. This means that neither mother nor father has an automatic right to custody.

As your family law representation, your Houston family lawyers will fight to protect your rights and will ensure you are treated fairly as either the mother or the father.

In cases where you believe the other party to be a danger to your children, we will fight to ensure that the courts hear and listen to your claims.

Enforcement

It can be difficult to know what to do when your ex-spouse decides they do not want to pay child support, spousal support, or adhere to the visitation schedule laid out in a court order.

You need to be careful here. You cannot withhold visitation or attempt to alienate your ex-spouse in the eyes of your child. The courts will look down upon anyone engaging in these kinds of behaviors.

Your best option here is to get in touch with an enforcement lawyer in Houston. They will be able to prepare your Petition for Enforcement. If they continue to violate their orders, your attorney will seek the help of the courts, who may hold them in contempt of court.

Spousal support and child support payments do not disappear. Your ex-spouse will have to pay them eventually, so keep a clear head and ask a family law attorney with experience in enforcements of child support, spousal support, and visitation.

Property Division

In a divorce case in Texas, assets are not divided equally; instead, they are divided equitably, meaning each party receives their “fair share” of the assets. This rarely looks like a 50/50 split.

The court will consider a range of different factors when deciding how to allocate assets, such as the debt you are in, your earning potential, and the sacrifices you have made for your family.

It is extremely rare for a divorcing couple to see eye to eye on property division, and this is where the help of a skilled mediator may prove invaluable.

Recovery of Attorney Fees

When dealing with divorces involving one spouse that has a much larger financial pool to draw upon, the tactic of attrition may be used.

This is an underhanded tactic where one party draws out proceedings in an attempt to reduce the other party’s finances to a point they can no longer pay their legal fees.

If you believe this is happening, your Houston attorney may be able to seek help from the court. They may force the other party to pay for your fees if you can provide a compelling argument.

Protective Orders

Domestic violence happens every day across the country.

If you are dealing with domestic abuse at home, your attorney can help you file a protective order, protecting you and your children by filing a protective order in the family law courts.

We can also help those who have been falsely accused of committing domestic violence. Sometimes these allegations are used in an attempt to secure custody.

We have helped clients fight allegations like this before, not only absolving them, but also condemning the other party in the eyes of the court.

Spousal Support

When one party has made continuous sacrifices during the marriage, such as giving up a career to look after children and the family home, that party may need financial help after the divorce.

Together with your attorney, you can discuss if spousal support is an available option for you moving forward.  

Contested Divorce

When it comes to Texas family law cases involving divorce, it is exceptionally rare for both parties to agree enough that they can go through an uncontested divorce.

During the period of the marriage, sacrifices are made, lives are entangled, and finances bleed together. This means that when the couple divorces, it is common for arguments to ensue regarding the division of assets and child custody issues.

Contested divorces can become expensive if they run on for too long. This is one of the reasons why a skilled negotiator/mediator can save you a lot of money, as they allow you to resolve more issues without the need for the courts.

Child Custody Arrangements

One of the most hotly contested issues that we see as family law attorneys is when both parents in a divorce  or custody dispute want custody of their children or when family members want to take custody from parents who pose a danger to their children.

In these cases, everyone involved thinks they are doing what is best for the child, but when all parties believe this and disagree with each other, it can lead to situations where the child’s needs are not the top priority.

If both parties want primary custody and can’t come to an agreement, then a family judge will decide on the custody arrangement.

There are three types of child custody arrangements, they are:

  • Joint Managing Conservatorship.
  • Sole Managing Conservatorship.
  • Possessory Conservatorship.

Joint Custody

Joint managing conservatorship is the most common form of custody, and unless you can prove that the other parent may be a danger to the child, this is the most likely outcome.

Under joint custody, both parents have duties and rights and must come together to make decisions unless the courts award special parental rights to one parent.

Under joint custody, both parents will have custodial role, and both parents will have periods of possession and access (visitation) with the child. 

Sole Custody

When sole custody has been awarded, the parent that is appointed sole custody is awarded exclusive rights and duties in regard to the important decisions of the child’s life.

Examples of why sole custody may be awarded include situations where one parent has an addiction or a history of domestic abuse.

To seek sole custody, the parent who is claiming they deserve sole custody must present evidence to support their position.  it needs to sign an affidavit that details why they believe so. If you are going to seek sole custody, you should do so with the help of your Houston family law attorney. They will be able to help you build your case.

Possessory Conservatorship

Possessory conservatorship can be awarded to parents that have a history of drug or alcohol abuse or  when a nonparent is awarded sole custody. In these cases, the parents have the right to access the child, but the rights to make important decisions remain with the person who has sole conservatorship.

Call Our Houston Family Lawyer For Help

Here at The Farias Law Firm, we are experienced in all family law disputes. We know things can get complicated, and tempers may be high. We endeavor to defuse situations, allowing clients to come to agreements with their families or spouses that benefit everyone.

We take the time to listen compassionately to our clients, and we are not afraid to fight for our client’s rights. If mediation and negotiation do not work, we will fight for you in court, litigating on your behalf and seeking the best possible outcome for your dispute.

Call us today at 713-364-3942.

 

You Deserve A Determined Advocate

When you are in the midst of a family crisis, it is vital to have an experienced family law attorney who is on your side and will vigorously protect your interests.

At The Farias Law Firm in Houston, Texas, we are skilled at providing legal counsel in family law matters. With decades of practicing family law, we know how to proceed at every stage of the family law process.

Our family law practice includes:

You Will Know What To Expect

In your first meeting with us, we will listen carefully to the facts of your situation and then explain how your case is likely to progress. We will set expectations and then develop the best possible legal strategy for achieving your goals.

We set expectations because we believe the best way to serve you is to evaluate your case and explain how strong your legal position is. Every case is different, but our experience with family law gives us a framework for determining your best-case and worst-case scenarios.

Judges Do Not Have Time For Drama

Family court judges are under severe time pressures. Contrary to what is portrayed on television and in movies, judges do not have time for drama.

That is why the lawyers at The Farias Law Firm present arguments to the court in a calm, clear and organized manner.

How To Contact Us

Do you need a Houston family law attorney who will strive to get everything you deserve? Call The Farias Law Firm at (713) 226-7999 or contact us online. We communicate with clients in English or Spanish, and we do not rely on translators.