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- Attorney Manuel Diaz
Family Law Attorneys Texas
Choose Manuel Diaz Law to Fight For You in your Family Law Case
Family legal issues can be stressful, putting a strain on relationships and resources. From divorce to property division and parental rights, legal issues can have lasting and serious consequences for you and your family.
At Diaz Law Firm our Texas-based legal team is caring, compassionate and dedicated to helping you achieve the best possible outcomes for your family, both in and out of court. We know what it takes to win, and have the experience you need in your corner during these trying times.
Call or reach out today for a free, no-obligation consultation and to find out why so many families and clients trust us to fight for their rights.
Texas Family Law Services
Our firm has a depth of experience and a demonstrated track record of expertly handling a myriad of family legal issues. From simple clear cut issues, to complex situations requiring unique approaches and outside-the-box solutions, our team is ready and eager to help.
Family law in Texas is both nuanced and complex, with a seemingly simple issue involving a range of laws and required processes and paperwork. Even small errors can result in dire consequences for your case.
When dealing with any family legal matter, seeking out support and representation from an experienced law firm that is familiar with the nuances and intricacies of Texas family law is critical. Reach out today and let us make sure your rights and best interests are looked after. We represent the following types of Family Law cases:
FAMILY LAW PRACTICE AREAS
You may file for divorce under the following grounds:
- Insupportability – in legal terms, a “conflict or discord of personalities” such that it prevents any potential for a “reasonable expectation of reconciliation”.
- Living Apart – defined as living separately in the absence of cohabitation for a period of three years or longer.
- Confinement in a Mental Hospital for a minimum of three years and that the mental disorder requiring such hospitalization is of a nature and degree that adjustment is unlikely or that relapse is probable.
- Cruelty, adultery or conviction of a felony
- Abandonment – requiring that one spouse left the other with the intention of abandonment and remained absent for a minimum of one year
Texas courts tend to favor arrangements that involve joint custody, often with one parent awarded primary physical custody and the other parent awarded visitation/parenting time and typically ordered to pay child support.
The Family Code of Texas is used by the court to determine child custody arrangements. Depending on certain factors, including (but not exclusive of) both parents’ finances, ages of children, health, etc., legal rights and responsibilities will be determined for both parents, including:
- Where the child will live the majority of the time (primary residential/physical custody)
- Making decisions regarding education, medical care, religion (legal custody)
Physical custody legally refers to “possession”. A parent in Texas who has “physical custody” is said to be the possessory conservator and the child resides with that parent. Legal custody refers to the parental rights the parent(s) have with regards to raising the child and making decisions that impact the child’s day to day upbringing (i.e. the religion they are exposed to, medical treatments, where they go to school, etc.).
Calculation of child support in Texas is made at the court’s discretion, taking into consideration a number of factors such as:
- Salary, wages and other income
- Receipt of government benefits
- Retirement benefits
- Severance pay
- Alimony, prizes, gifts or other costs
Upon making a determination, the court will designate a percentage of income that is required to be paid monthly as child support to the custodial parent.
The Following is Typical in Texas:
- 20% of net financial resources monthly for one child
- 25% for two children
- 30% for three children
- 35% for four children
- With 5 or more children commanding 40% or more
There are additional factors that the court may consider when determining child support payments, based on the guidelines in Family Code Chapter 154.123. Some of the other factors the judge may consider include:
- The child’s age and needs
- The ability of both parents to financially support the child
- Any financial resources that are available to support the child
- Each parent’s amount of time spent with and access to the child
- The cost of child care expenses incurred by either parent in order to maintain employment
- Whether either parent has physical custody of another child
- The amount of alimony or spousal support being paid or received by either parent
In some cases, one or both parents may not agree with the court’s determination regarding child support. Although the court order is legally binding, either parent has a right to contest a child support order in Texas. We can help challenge the order and advocate on your behalf to ensure your child’s best interests are at the forefront of every court decision.
An adoption is a court order in which the rights of the parents are transferred from the natural or birth parents to the adoptive parents. Once the adoption is finalized, the adoptive parents become legally responsible for the adopted child as if it were a biological child.
The adoption process in Texas consists of the following steps:
- Pre-adoption home evaluation
- Termination of paternity rights
- Final adoption.
Texas Family Law Attorneys - Work with Us Today
Call or message today for a free, no-obligation initial consultation and to see if we’re the right fit to represent you and your family.