Cinco Ranch Family Law Lawyer
It can be difficult to separate your emotions when you need to sit down and make serious decisions relating to the future of your family. Family law issues are often some of the most trying and difficult periods people go through. Matters like divorce and child custody battles can bring out the worst in people, so we highly recommend seeking legal representation from a compassionate and skilled family law attorney.
Family law attorneys can help you move through these important decisions with as little friction as possible and, wherever possible, will prevent you from completely destroying relationships that you may later regret. Staying amicable with ex-spouses and family members is always the best move, especially if there are any children involved.
When you have legal representation for your family law matter, your attorney will take over all of the difficult aspects of your case, such as filing your paperwork and representing you in court if necessary. They will also do everything they can to reduce court involvement by utilizing mediation and negotiation wherever possible. This saves you time and money, and prevents you from relying on a Judge’s decision.
Here at Skillern Firm, our family law practice is dedicated to fighting for the best possible outcome for each and every one of our clients, helping them move forward with confidence. Our family lawyers are compassionate, experienced and skilled in all family law matters, including divorce, child custody, asset division and spousal maintenance.
Call us today to speak with a lawyer from our law firm at 936-213-8479.
What Does a Family Law Attorney Do?
With a skilled family law attorney as your representation, you gain a number of benefits that will make your life easier, and that will help you protect your future.
Their role is to ensure that your legal rights are protected and that you receive fair and reasonable treatment by the other party and their attorney. They will also provide a compassionate ear, taking time to understand what you want from your case.
Some things a lawyer or law office can do for you include:
Negotiation and Mediation
The main goal in any family law case, is to help two parties come to agreements on important aspects of their future. This may be two spouses divorcing and deciding who gets what assets, or it may be one party fighting their ex-spouse for a better visitation schedule.
In almost all cases, conflict levels are high, and there is often an impasse, with parties incapable of sitting down together and coming to amicable agreements.
This is where your attorney will come in. To begin with, they will attempt to use negotiation tactics, where you and your attorney sit down with the other party and their attorney. With the guidance of your attorneys, discussions usually go much smoother, and when tempers begin to get too high, your attorneys may defuse the situation or call an end to that current meeting until everyone has cooled down.
If your meetings are still unproductive, even with your attorneys present, they may decide to utilize mediation, which is when you and the other party, will be in separate rooms or locations, and an intermediary will allow you to have discussions without being in each other’s presence.
Hiring an attorney that has a lot of experience in negotiation and mediation is a must, as these steps are the ones that will save you the most money and time as they prevent court intervention.
Manage All Paperwork
There is often a lot of paperwork to file and a lot of documentation that you need to provide when it comes to a family law matter. A lot of this documentation is complicated, and if you make errors while filling them out, it can lead to delays and additional costs.
Your attorney will explain any of the difficult documents, and they will make sure you present the correct documentation, filed on time and accurately.
Avoiding court is always beneficial for both parties. The more issues that need to be heard by a family law Judge, the more hearings you will need, and this means you will incur more court costs, and the legal process gets dragged out. Each issue will need its own hearing, such as child custody, asset division, spousal maintenance.
However, if mediation has not worked and you and your spouse or family member cannot come to an agreement, court intervention may be necessary, and your attorney will need to be ready to litigate.
This is why it is always important that you make sure that your legal representation is just as skilled at litigation as they are at negotiation and mediation. This will ensure they are prepared to litigate if they have too.
Our Team at Skillern Firm
Here at Skillern Firm, our team of dedicated family law attorneys is uniquely positioned to help you through your family law matters. Our long history of successful cases and victories we have won for numerous clients has granted our team knowledge and experience they can draw upon for your specific case.
Legal Matters A Cinco Ranch Family Law Lawyer, TX, Can Help You With
Law firms like ours that handle family law matters are experienced in most types of family law cases. We handle:
In most cases involving a child custody battle, conflict is likely. While spouses may fall out of love with each other, this does not affect the incredible love they feel for their children. This means that both parties will fight as hard as possible for what they believe is in the children’s best interests. However, when this differs from the other spouse, discussions break down, tempers fray, emotions run high, and the process becomes difficult.
In Texas, all courts, all family law Judges, and all family law attorneys will always act in the way they see is in the best interests of the children. This is different from matters such as property division, where you are against your spouse in a sense.
Reducing the level of displacement in your children’s lives and working together to create a plan that suits both you and your children, must be the priority.
It has been proven in numerous studies that a child with access to both parents following a divorce, will have a better chance of a healthy development when both parents are loving and wish to be involved in their child’s life.
This is one of the areas where an attorney can really help. They will remind you that the important thing is to create a plan with your children’s needs in mind, not your own.
If you believe your spouse is a danger to your children, this is a different matter, and we will put our full efforts and energy into building a compelling case to present to your family law Judge to pursue sole custody.
This case will need to contain evidence and a strong argument, and the best way to provide this is to discuss matters with an attorney. All family law courts are legally obligated to listen to any appeal when the safety of a child is in question.
The divorce process is never easy. The emotions and stress can be very draining and leave you feeling a range of difficult emotions, whether you decided divorce was the right option, your spouse made the decision, or if you came to a decision together.
Once the decision that divorce is happening has been made by either party however, you must seek legal counsel. If your spouse has filed against you, it is likely they already have an attorney, and this may put them at an advantage if you have no representation.
Likewise, if you have made the decision, seeking legal representation and filing first may put you at an advantage.
Besides this advantage, legal representation is always recommended because the decisions made in your divorce will be laid down in your divorce decree. This makes them legally binding and means that they will have a strong effect on your future. Spousal support payments cannot be changed easily and child custody will be exceptionally difficult to have modified at a later point.
Spousal support is the financial support that one former spouse may pay to the other after a divorce is finalized. In the state of Texas, spousal support is typically only awarded in cases where the marriage lasted for more than 10 years, or when there is significant evidence of physical or emotional abuse.
When determining an appropriate amount of spousal support, the court will consider a variety of factors such as each spouse’s earning capacity, the length of the marriage, the couple’s standard of living during the marriage, the age and health of each spouse, and any evidence of fault in the break-up of the marriage.
Spousal support in Texas is generally not permanent. The court will decide on a term for the payments and the amount. The court may also review the spousal support agreement periodically to ensure that the parties are still in compliance, or if either party has experienced a significant change in circumstances.
Spousal support is not mandatory in Texas divorces, and it is up to the court’s discretion to decide if it should be awarded. The court will also consider any prenuptial agreements when making a decision about spousal support.
If you are considering pursuing spousal support because you feel you sacrificed a career or education potential for your marriage, you must speak to an attorney because your case will need to be strong that you do in fact need support following your divorce.
Divorce decrees are legally binding, meaning that the agreements must be followed. Child custody and visitation schedules must be followed in the letter. There are no situations where you are allowed to withhold visitation, even if your ex-spouse is neglecting to pay their spousal support. They are different issues.
The only way to change your payments or plans is to seek a court ordered modification, a legal matter best approached with an attorney. There are two reasons why the court may consider the modification of an order.
The first, is in any situation where a child may be in danger. They will always consider any modification that removes a child from harm. However, you will need to provide extremely compelling evidence and a strong case that they are, in fact, in danger, in order for your appeal to go ahead.
The second reason is a significant change in circumstances that mean the orders are no longer sensible or viable for you and your family. An example of this could be if you have been injured and will not be able to return to work. This means you may not be able to pay your spousal support.
In either case, your best chances of seeking a modification of an order rely on seeking help from a skilled attorney.
Do I Need an Attorney?
It is ordinarily a good idea to consult with a lawyer about major life events or changes, such as a divorce. They will protect your rights, as well as the rights of your children. They keep current with the laws in Texas concerning marriage, divorce, marital property, child custody and visitation, and family support.
How Do Courts Determine Who Gets Custody of Children in a Divorce?
If the parents cannot agree on custody of their child, the courts decide custody based on “the best interests of the child.” Determining the child’s best interests involves many factors, including the ability to provide a stable home, previous involvement and any history of criminal activity, drug or alcohol abuse or domestic violence, and abuse in the household.
What is Joint Custody?
Joint legal custody refers to both parents sharing the major decisions affecting the child, including school, health care and religion.
Joint physical custody refers to the time spent with each parent. The amount of time is flexible, and can range from a moderate period of time for one parent, such as every other weekend, to a child dividing the time equally between the two parents’ homes. When the time spent with both parents will be divided equally, it helps if the parents live close to one another.
Do Grandparents Have Visitation Rights to their Children?
Traditionally, the common law denied grandparents visitation with a child over a parent’s objections. But since 1965, all 50 states and the District of Columbia have enacted legislation enabling grandparents to petition the courts for visitation rights with grandchildren. The laws do not make granting of visitation rights automatic, they merely give grandparents the right to request possession or access to a grandchild.
Contact a Cinco Ranch Family Law Lawyer From One of Our Law Offices Today!
We understand how difficult it can be to proceed through a family law case. After all, nothing is more important than your family and your future. Whether you are struggling with the idea of impending divorce or you are worried about who will get custody of your children, the first step should always be to seek legal representation from a skilled family law attorney.
At Skillern Firm, our lawyers are knowledgeable and passionate about family law, and are devoted to assisting you with your case. Our law firm has dealt with a variety of divorce and family law matters, from divorce aid to complex child custody and adoption disputes, and each case is treated with the same diligence. We understand the difficulty of family law cases and strive to provide the best legal service possible.
Call us today to schedule a consultation at 936-213-8479.