Family Law

In a divorce with minor children, the primary issue often involves custody, or conservatorship, of the children. The law presumes that it is in the best interest of the child that the parents be appointed joint managing conservators of the child, where they will often share in the medical, educational and legal decisions of the child. Although the parents may be named joint managing conservators, one parent often has primary custody of the child. Many factors are involved in the designation of which parent may have primary custody, and you will need an experienced attorney to guide you through that process.

One parent can also be named sole managing conservator of the child. In this instance, that parent will often have the exclusive ability to make the medical, educational and legal decisions for the child. Factors to be considered in naming a parent as the sole managing conservator are family violence or lack of involvement in the child’s life, among others.

The nonprimary parent will most often have a possession schedule to see the child, whether that is the Standard Possession Order or some other schedule tailored to fit the facts of the case. Of course, the parents can always agree on the custody and possession issues, and they can create a resolution that works best for them and the child.

Whether you are getting divorced, already divorced or never married, child support issues will arise when raising a child. Child support is the weekly, bi-weekly or monthly payments sent from a noncustodial parent to the custodial parent for the support of the child. Child support is calculated pursuant to the guidelines set forth in the Texas Family Code, but can vary from those guidelines in limited situations.

Child Support can be legally modified at any time by the filing of a motion to modify the prior support order. The paying parent or the receiving parent can file such motion. Common factors leading to modification cases are job loss, increase in income, or any other substantial change in circumstances of either parent or the child.

Property division involves community and separate property. Community property is any assets, property and money accumulated during the marriage. It is property both you and your spouse own. Separate property is income, property and other assets acquired prior to marriage or by gift or inheritance during marriage. Separate property cannot be divided in a divorce. Your spouse may try to label community property as separate property to keep it from being divided by the court. When this happens, you will need a skilled attorney to protect your rightful property and ensure that the divorce proceeds fairly in regard to your rights.

This may be a very emotional time for you. You want to raise your child. You may need to end your marriage. You may need to modify or enforce a prior order. Nevertheless, you do not want to lose any legal rights you may have. In these most trying times, you need an experienced attorney to protect your rights, fight for you every step of the way, and guide you through this process. Tommy Carter looks forward to helping you in this regard.

Modifying a divorce decree or prior order typically involves altering the terms of the prior order relating to child custody, support or possession of the child. To modify an order, the following steps are generally followed:

1. Grounds: The person seeking the order must usually demonstrate a material and substantial change in circumstances since the prior order was issued. This could include changes in income, relocation, conduct of a party, or changes in need of the child.
2. Filing of Petition: The party seeking a modification must file a petition with the court that outlines the requested changes. Unless the modification is agreed by all parties, the other party must be formally served with the petition.
3. Court Hearing: If both parties agree on all terms of the requested modification, an agreed order may be submitted to the court. Otherwise, a court hearing will be held where both parties can present their case. In considering cases involving custody, possession or support of a child, the court’s primary consideration will be the best interests of the child.
4. Order: If the court approves the modification, a new order will be issued reflecting the changes. This new order replaces the relevant portions of the prior order.

It is important to seek experienced counsel to guide you through the modification process. Tommy Carter has successfully represented clients in hundreds of modification cases. Please call or email for more information or to schedule a consultation.

Enforcing a divorce decree or other order involves ensuring that both parties adhere to the terms outlined in the divorce decree or other order. This can include issues relating to child support, custody and visitation, division of property, spousal support, and any other terms of the order.

If one party is not complying with the terms of the prior order, the other party can file a motion for contempt. This is a legal action where the court can hold the noncomplying party in contempt, which could result in fines, jail time, or other penalties until they comply with the court order. The court may also order a judgment against the noncomplying party for attorney’s fees incurred by the party seeking to enforce the order.

The process of contempt is detailed and difficult to follow unless you have a skilled and experienced attorney to guide you through the case. Tommy Carter has successfully represented clients in countless enforcement proceedings. Please call or email to schedule a consultation.