Family Law

Houston Spanish-Speaking Family Law Attorney

For more information about a family law matter, click on the heading.

The vast majority of divorce cases in Texas are not resolved pursuant to a contested trial. Instead, they are resolved through an uncontested divorce or by agreement. Texas law provides an elaborate set of rules that the courts apply to issues such as property division, spousal support and spousal maintenance, child custody, child support and visitation. The level of contention on how these rules apply to your circumstances depends on the factual complexity of your individual case and on the personalities, character, values and attitudes of all the parties involved.

Contested Divorce

In a contested divorce case, the role of your lawyer is to assert your position zealously and protect your rights as they pertain to child custody, property and asset division, or spousal maintenance. In a contested case, Attorney Hart will work hard to protect your rights and ensure you receive the best possible result under the circumstances of your case.

Child Custody and Visitation

The Texas Family Code defines a standard child custody and visitation order that you and your spouse can use as the starting point for discussing child custody. Parents are also free to fashion their own arrangements, subject to the approval of the Court.

Child Support

Texas child support guidelines set forth a formula for determining child support payment obligations. Factors considered include the income of both parents, number of children, heath insurance coverage, after school activities, daycare costs and other expenses.

Interstate and International Child Custody

Interstate and international child custody cases often present both jurisdiction and enforcement issues. It may not be clear which court should exercise the power of decision over your child, and it may be necessary to bring an action where your child is located to obtain an enforceable order in relation to the child, such as enforcement of child support orders or visitation rights. Uniform state laws and international treaties have been developed to help address these questions and may be applicable to assist you in addressing your case.

Modifications

A custody and visitation schedule that was in the best interest of a child at age two may not be in the child's best interest at age fourteen. For this reason, you can generally seek a modification of a family law order whenever there is a significant change in your circumstances, your spouse's circumstances or your child's circumstances.

Property Division

In Texas, all property accumulated during your marriage is generally community property and will be divided between you and your spouse in the event of a divorce. Generally, all property you brought into your marriage, as well as gifts and inheritances you received during your marriage, are separate property and are yours to take with you. In high asset divorces, evaluation of complex financial issues, such as the valuation of business interests, valuation of pensions or IRA accounts, appraisal of additional real estate properties and discovery of hidden assets are required.

Spousal Support and Maintenance

In divorces where one of the parties has a financial need and the other has the ability to pay, Texas courts may order temporary spousal support (alimony). In certain circumstances, courts may also order post-divorce spousal support or spousal maintenance.

Prenuptial and Postnuptial Agreements

Parties with substantial assets often enter into prenuptial or postnuptial agreements to structure and manage their assets. Such agreements are useful to confirm understandings and expectations between the parties relating to their assets and for estate planning and asset-protection purposes. People entering a second marriage often also enter into a marital agreement to protect assets brought into the second marriage and to protect the property rights of children from a first marriage.

Paternity

Unmarried parents who go their separate ways face the same issues as divorced parents when it comes to child custody, visitation, support and support enforcement. The one difference is that paternity must first be established before the family court can order child support and approve a child custody and visitation order.

Adoptions

Most adoptions in Texas are family affairs, involving a stepparent, grandparent or other relative adopting a child with whom he or she already has a custodial relationship. The process can be simple, depending on the circumstances, status and attitude of the biological parent whose parental rights are to be terminated as part of the adoption.

Grandparents' Rights

When parents divorce or separate, their legal relationship, rights and responsibilities involving their children are defined by a court order or child custody arrangement. However, grandparents may feel their rights get lost in the mix. Grandparents may be eligible to pursue rights to grandparent visitation or other rights in cases where it is in the child's best interests.

Child Protective Services (CPS)

Allegations of emotional or physical child abuse or child neglect may initiate an action by Child Protective Services (CPS) to remove the child from the home and place him or her in out-of-home foster care. The prospect of losing parental rights can be overwhelming for parents. Experienced defense representation should be sought immediately to prepare for a CPS hearing.

Domestic Violence and Protective Orders

Protective orders and restraining orders serve as a means to provide security to people threatened with abuse — by a spouse, girlfriend/boyfriend, parent or other relation. Domestic violence matters are serious. Whether you are being abused or are facing a temporary restraining order, it should be brought to an experienced lawyer you can trust for immediate action.

For a free consultation with a Houston Spanish-speaking family law attorney: Contact Terry Hart to discuss your legal questions. Se habla español.