If you are facing a legal matter that affects your family, there is a lot at stake. Family law is an important area of the law that addresses the terms of divorce, post-divorce modifications, parental rights, adoption, and cases involving Child Protective Services. The outcome of your case is important – consult with an experienced Westcliff family lawyer at The Law Office of Brett H. Pritchard today.

Divorce, the Terms of Divorce, and Post-Decree Modifications

Divorce and cases that address specific divorce terms are central to family law in Texas. While every divorce is unique, the terms that divorcing couples must resolve are the same across the board, including:

• Child custody arrangements
• Child support 
• The division of marital property
• Spousal maintenance 

Both child custody arrangements and child support can be addressed in cases outside of marriage and divorce. And all of these, other than the division of marital property, are subject to modification if the underlying circumstances have changed substantially since the original orders were handed down.

Child Custody Arrangements 

Child custody arrangements address both conservatorship, or legal custody, and parenting time, or physical custody. Legal custody determines decision-making authority about key parenting decisions, such as education, health care, extracurriculars, and religious upbringing. 

Parenting time sets the schedule that determines when the children will be with one parent or the other. In Texas, cases that directly affect children are always based on their best interests, and this generally means that both physical and legal custody are shared. Only if there is a serious reason for doing so will one parent’s rights be seriously limited – or denied altogether.

Child Support

Child support is the state’s tool for ensuring that both parents continue to support their children financially. If one parent takes on the primary custodial role, the other parent generally makes the child support payments. When parenting time is shared more evenly, however, the higher earner is likely to have the child support obligation. 

The Division of Marital Property

The assets that married couples acquire – either together or separately – are considered marital property that must be divided in a just and right manner on divorce. This means a fair division in light of the specific circumstances that apply.

Anything either of you owned prior to marriage and kept separate throughout remains that spouse’s separate property. To claim separate property, however, you must prove its separate nature. It should also be noted that the line that divides separate property from marital property can weaken over the course of your marriage.

Spousal Maintenance

Spousal maintenance, or alimony, is reserved for those divorces that leave one spouse unable to cover their own minimum reasonable needs while the other is in a position to help. Generally, the marriage must have lasted at least 10 years for spousal maintenance to apply.

Paternity

When the parents of a child are not married at the time of their birth, the mother’s rights are established, but the father’s rights are not. If both parents are willing to sign an acknowledgement of paternity, paternity can be established in the hospital. The completed form can also be filed with the state at a later date.

When the parents are not in agreement regarding paternity, either can request that it be established through the court. This generally leads to DNA testing. 

Adoption

The adoption process in Texas is exacting but extremely rewarding. The basic steps forward include:

• Establishing eligibility
• Submitting the application, undergoing the background check, and completing the required training
• Completing the home study
• Finalizing the adoption through the court

Before a child can be adopted in Texas, both parents must have lost their parental rights or have given them up voluntarily.

Cases Involving Child Protective Services

Child protective services plays a role in cases that involve reports of child neglect or abuse, child endangerment, and sexual abuse of children. Reports prompt investigations, which can have a variety of outcomes that range from finding no basis for the report to placement with a relative, reunification, or – in very serious cases – the termination of parental rights.

The cases instigated by Child Protective Services are often interwoven with divorce and other family law cases. In fact, they can directly affect parental rights, parenting time, and conservatorship.

Discuss Your Case with an Experienced Westcliff Family Lawyer Today

Brett Pritchard at The Law Office of Brett H. Pritchard is a trusted Westcliff family attorney who is well prepared to tirelessly advocate for a case resolution that upholds your rights and works well for you and your family. Our dedicated legal team cares about you and your case and will spare no effort on your behalf. To learn more about what we can do to help, please do not hesitate to reach out by contacting or calling us at 254-781-4222 and scheduling a free consultation today.