Collin County Family Law Attorney

Collin County Texas Family Law Attorney

A family law attorney with extensive experience in the courtroom and in the negotiation seat is invaluable when you may find yourself emotionally fragile and overwhelmed. At Family Law of North Texas, we serve the areas in and around Frisco, and when it comes to issues pertaining to family law, we are the smart choice. We have many satisfied clients to prove it.

When you choose us, we will approach your case with compassion and dedication. We will help you through this every step of the way.

Practice Areas for Texas Family Law Matters

Family law is very complex, and Texas courts can be challenging to navigate. Most family law matters require extensive preparation, and the legal process itself is not easy. You need an experienced family law attorney from start to finish, especially if your case is very involved.

At Family Law of North Texas, we provide a wide range of family law services. Our law office has a strong, professional, knowledgeable, experienced legal team, whether you need a divorce attorney or want to modify your child custody order. We will handle your case with the care and concern it deserves - that you deserve.

Practice areas for Family Law of North Texas include:

Divorce

Divorce is never easy, but specific issues may be involved that make it even more difficult. There are so many different areas of divorce and so many circumstances that can affect the time the divorce takes and the amount of negotiation for all parties to agree. Having an excellent lawyer to shield you from at least some of the stress is a tremendous help.

Some of the more common divorce issues we deal with include:

Complex Contested Divorces

Highly involved contested cases can be particularly difficult to work through. The former spouse may contest property division, who gets the house, or how much child support they must pay. This can cause the proceedings to drag out and be emotionally draining. Our attorneys will help you negotiate property division, debt division, matters involving the children, and more. We've helped our clients resolve some highly complex cases, helping to ensure that their rights were protected and they got all that was legally due to them.

Simple Uncontested Divorces

Ideally, uncontested divorces are cut and dry with no conflict. Everyone agrees to the terms beforehand, and the paperwork is just a formality that has to be completed. However, even the most amicable divorce can turn in a moment and get quite ugly. A former spouse may decide they want the property divided differently or don't like some of the terms. Your simple divorce can become a nightmare very quickly. Even if you think your divorce will go smoothly, it is wise to retain legal counsel just in case. It is better to be prepared for the worst and never need it than to have the worst happen and be unprepared.

Same Sex Divorce

The U.S. Supreme Court's decision on Obergefell v. Hodges in 2015 made same sex marriage legal in every state, including Texas. This means that same sex couples can enter into a common-law marriage in Texas as long as they satisfy all the requirements of a common-law marriage or informal marriage in the state. The process for same sex divorce is similar to that of divorce in a formal marriage. They must file for divorce. However, if the couple lives separate and apart for two years or more, Texas law will presume that there never was a common law marriage, that it never existed unless proof is presented that shows otherwise.

Property Division

Division of property is a very hot topic in many divorces. Currently, only nine states are community property states, and Texas is one of them. Community property, in general, means that what the couple acquires during their marriage is equally owned by both spouses. A few exceptions exist, but most property falls under the community property laws. This can significantly impact divorce proceedings and has been the center of many bitter divorce feuds. Many times, a divorce is contested because community property is involved, and at least one ex-spouse doesn't like how it is being divided.

Child Related Matters

Children are often the innocent victims of a divorce. They wind up in the middle of the conflict even if their parents try to shield them from it. Some of the worst cases see children being forced to choose a side and pick one parent over the other. There are a lot of considerations in child-related matters, such as child custody, child support, and visitation. Parental rights may also be involved if paternity has to be established or if a parent is unfit to be with the child.

What it really comes down to, what the judge is most concerned with, is what is in the best interests of the child. That is, first and foremost, regardless of what anyone wants. The judge will first consider the child's best interests and base their decisions on that.

Child Custody Issues

Child custody cases are some of the most emotionally charged cases that come into a family law courtroom. The child may be more bonded to one parent, or they may have a better living situation, but the other parent may be the one who is best for them. Sometimes, both parents want custody of the children, and the judge must decide who to place them with and how to organize visitation so that the children can have a relationship with both parents. It is all framed around what is in the best interest of the child. Cases involving child custody tend to be very time-consuming in both preparation and process. They are also emotionally draining for the children, parents, and all involved.

Child Support

The Texas legal system is heavily involved in ensuring that child support orders are followed explicitly. In a child custody case, child support is one of the standard determinations. According to the Texas Child Support Scale, the noncustodial parent pays support for the child or children to the custodial parent. This is determined by parental income. The custodial parent receiving the support has the right to file a modification order to increase the child support obligation of the other non custodial parent if one or both parents' situations change. The judge will look at a number of factors, such as employment, and decide what is in the best interest of the child and how the child will be best supported.

Visitation Rights

Maintaining and facilitating a relationship with both parents is usually considered to be in the child's best interests. While the child may live with the custodial parent, they also have a legal right to spend time with the other parent. Often, the judge will order visitation with the noncustodial parent, requiring that the child spend a certain amount of time with them. Visitation is a natural part of child custody. Texas family law is very serious about visitation in child custody cases because the general attitude is that a child needs both parents.

Parental Rights

Under Texas family law, if a child is born to an unmarried couple, the father has no legal rights to the child until paternity is established. This means that he has no right to custody, visitation, or even medical records. He is not legally entitled to participate in any of the important decisions that parents make regarding their children. In a child custody case, he has no rights at all, even to see the child - but he is not legally required to pay support either. There are several ways that paternity can be established, and your attorney can help you decide which one is best for your situation.

Sometimes, a person's paternal rights must be revoked or suspended due to health issues, abuse, and other circumstances. In these cases, the child will remain with the other parent or a legal guardian for the proscribed time set forth by the judge.

Domestic Violence

Domestic violence is a growing problem in the U.S. and Texas lawmakers are taking it very seriously. Texas has some of the toughest domestic violence laws in the country, including a new law passed for a public access site that lists people with a history of violence against intimates. It allows people to check out a potential romantic partner before getting involved. It is intended to help protect people from violent partners and give parents of children peace of mind about who they date or what adults come into the home.

Criminal law areas cover domestic violence, but it is also handled in family court. Our legal team can help you in your DV case as you resolve financial issues, establish child custody, get a divorce, and address child abuse allegations. We can also refer you to agencies and organizations that can provide services to help you and your family move on and heal.

Frequently Asked Questions and Answers

How long does it take to get a divorce in Texas?

On average, a divorce in Texas takes about six months, sometimes longer. However, an uncontested divorce could be much faster, as little as two or three months. The state does have a 60-day waiting period from the date the divorce is filed.

What is the 10-year rule in divorce in Texas?

Court-ordered spousal maintenance is more likely to be awarded if the couple was married for 10 years or longer before divorcing.

Is spousal support mandatory in Texas?

Spousal support is voluntary. The couple who is divorcing will typically agree on it while negotiating the terms of the divorce. Spousal maintenance is court-ordered and enforceable.

Is child support mandatory in Texas?

The parent the child is not living with is legally required to pay support for the child or children.

When can a child in Texas choose which parent to live with?

When a child is 18 years old, they may choose which parent they wish to live with. At that age, they can also refuse to see a parent.

Can a parent keep a child away from the other parent in Texas?

If there is court-ordered visitation for the other parent, the custodial parent is legally required to comply. If they refuse, they may be found in contempt of court.

What is the standard custody in Texas?

The Texas Standard Possession Order for visitation in custody cases allows the noncustodial parent visitation every Thursday night for about two hours, the first, third, and fifth weekends of every month, alternating holidays, and a minimum of one month during the summer break.

Is Texas a father's rights state?

In Texas, mothers and fathers have the same rights regarding their children.

Experienced Legal Representation from a Trusted Family Law Attorney

At Family Law of North Texas, we are committed to our clients and work diligently to ensure that justice is served. Call today to schedule a free consultation so we can review your case and discuss the next steps with you. Our superior track record ensures that we will handle your case with the utmost care from start to finish. We will walk you through each step in the process and make sure that the best interests of you and your children are kept at the forefront at all times.

If you are in Denton County, Tarrant County, Collin County, Texas, or the surrounding area, we can help you with your family law case. Call and make an appointment today and get the experienced, compassionate, professional legal representation that you deserve.