+ What Does Joint Custody Mean?

In Texas, there is a presumption in a divorce that the parents be appointed as “joint managing conservators.” However, this does not necessarily mean that the court divides custody equally with no support being paid. Usually, the court decides that one parent has “primary” possession of the child and has the right to establish the child’s residence while the other parent has visitation rights and is ordered to pay child support. Other parental decision making powers are allocated between both parents.

+ How are visitation and child support handled in Texas?

There are presumptive guidelines for visitation and support, which constitute general rules for the courts to follow. There is a visitation schedule known as the Standard Possession Order, which sets forth the presumptive minimum amount of time for a person named as a joint managing conservator. Likewise, there are somewhat standardized child support guidelines so that, generally, child support is presumed to be set as a percentage of the obligor’s net income. It is important to know, however, that there are certain instances where the “presumed” guidelines may not be applied. By agreement or court order, the actual visitation or support ordered can deviate from the guidelines. This is where having competent legal representation can be crucial. Call me for more information.

+ How is property divided in a divorce?

The judge in a divorce case has the discretion to divide the property in a manner that he or she deems “just and right.” This usually means that the Judge starts out with the presumption that the community estate will be divided equally. However, in certain cases, depending on certain factors such as fault in the break up of the marriage or disparity in earning capacity of the parties, the judge, in his or her discretion, may divide the property in a disproportionate manner.

+ How does a Lawyer make a difference in Family Law Litigation?

Lawyers in Texas have the title, ‘Attorney & Counsellor’ at law. At this point in my career, I value the role of counsellor most. Think of the consigliere in The Godfather, played by Robert Duvall (Tom Hagen). Michael Corleone is involved in the ugliest aspects of life, but those aspects are very real, have always existed and will always be with us (in government or out, in religion, education, media and elsewhere). Corleone needs more than a lawyer who understands capital murder; he needs someone who understands the people who MAKE law, people who ENFORCE the law, and the judges who APPLY the law. Corleone needs a counsellor — a consigliere. Honestly, you pay for good counsel, not a law professor (you can Google the law). The difference is always in the experience and the wisdom of your consigliere; it’s about knowing people, trends, places and the thing at hand. Hire a lawyer. Google the law.

+ Do you Offer free consultations?

No, I do not.