Family Law Attorney Houston

A: The time it takes to resolve a child custody dispute often depends on how quickly parents can agree on physical custody and visitation schedules. Uncontested child custody cases typically take a couple of months to be resolved. However, if the parents cannot agree to the terms, the case could take up to a year or longer. In many instances, parents utilize a third-party mediator to assist them in coming to a mutual agreement. Nevertheless, fathers involved in custody cases must have an experienced family law attorney who will advise them and protect their legal rights.

A: Texas law defines domestic violence as when a family or household member intends to inflict physical bodily injury, harm, assault, or the threat of harm. In terms of a divorce, family members include a spouse or children. The law lists cruelty as grounds for a divorce, which may include domestic abuse allegations. If a judge finds evidence of domestic violence, the court may favor the victim when dividing marital property and waive the mandatory 60-day waiting period for a final judgment to be issued.

A: Although Texas courts have the legal authority to order spousal support, the court will determine if the spouse meets the eligibility requirements and review several factors to determine if spousal maintenance is warranted. Some of the most common reasons include the spouse’s inability to earn sufficient income, which affects her ability to care for a child produced by the marriage properly. However, typically, the child’s needs must be such that they require considerable care due to mental or physical disability.

A: Paternity may be established in several ways, including an action brought by the child’s mother, a man believing he is the father, a child, or a government agency. When two parents are married to one another when the child is born, the husband is presumed to be the father. However, if the couple is unmarried, the father must take steps to legally establish paternity. If you are having legal issues establishing yourself as a child’s father, you must take action immediately. Contact a family law attorney with experience in paternity law who can fight for your rights.

A: Many men are initially unaware that their soon-to-be former spouse may be entitled to receive up to half of their retirement benefits in a divorce proceeding. Whether the spouse is awarded any portion of retirement benefits depends on when the contributions to the account were made. If the contributions were made during the marriage, a judge would award a share to the former spouse. However, if the contributions were made before the marriage, they are not considered marital property and, therefore, not subject to property division.