Diaz Law Firm

Family Law Attorneys Texas

Choose Manuel Diaz Law to Fight For You in your Family Law Case

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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 Manuel 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

Divorce-Statistics-Infographic

DIVORCE

Top-Questions-About-Child-S (1)

CHILD SUPPORT

DIVORCE

The number of laws and processes involved in getting divorced in Texas is as big as the Long Horn State itself. From mutually agreeable and non-contested divorces, to embroiled battles over dividing up assets, our team is ready to help you find the right solutions and ensure your best interests are always being looked out for. We provide aggressive yet compassionate divorce representation that gets results for you and your family.

For most couples, ending a marriage is a complex process that requires them to equitably divide their property, financial assets, debts and parenting responsibilities. When you are going through a process that touches so many important areas of your life, it is critical that you have a knowledgeable counselor by your side.

The Divorce Process in Texas:

Texas Family Law Attorneys

Our firm has extensive experience helping our clients obtain favorable outcomes for what is often a sad and difficult time in their lives. We can help you with a myriad of legal issues surrounding divorce including but not limited to:

  • Planning for a divorce
  • Uncontested and contested divorce cases
  • High profile divorces
  • Military divorces
  • Spousal support/alimony issues
  • Changing your name
  • Pursuing mediated settlements
  • Division of assets/asset protection
  • And more…

Whether you are filing for divorce or your spouse has already filed for divorce, you need the expertise and personal attention of a divorce lawyer who not only understands the complexities of family law and the court process, but who also appreciates the significant impact this event will have on your life. Contact us at 855-900-3429 for a FREE consultation

CHILD SUPPORT

Child support is determined by the courts and is made in the form of a set monthly payment paid by the non-custodial parent to the custodial parent. Child support orders are designed to aid the custodial parent financially with the costs of raising the child. It also ensures the non-custodial parent is carrying out their financial duties to the child.

How is Child Support Calculated in Texas?

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

Contesting Child Support Orders in Texas

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. Contact our firm today for a free consultation.

child-custody-1

CHILD CUSTODY

adoption

ADOPTION

CHILD CUSTODY

The process of determining child custody cases in Texas can be an emotional, confusing and stressful experience for any parent or guardian to go through. Our team of compassionate and dedicated attorneys can help you navigate these waters and can act as a support system for you and your family at every step of the way.

As a family-oriented team, we know first-hand how important it is to ensure your children’s interests are at the forefront of any legal issues or proceedings you may be involved in. Our experienced team is ready to advocate and fight to ensure your child’s safety and your parental rights are protected.

Under Texas Statutes, Family Code, Chapter 153, the court presumes joint managing conservators (i.e. joint custody) as the preferential outcome so that the child may maintain a meaningful relationship with both parents. However, the court also is under obligation to take the best interests of your children in mind in its decision.

Types of Custody Include:

  • Joint
  • Sole
  • Shared
  • Split Custody

Determining Child Custody in Texas

Custody battles are often contentious and complex, with the court taking into consideration a number of factors when making a determination.

Aspects the court may consider include:

  • Expressed wishes of the child
  • The child’s current and future physical and emotional needs
  • Any potential current or future physical or emotional dangers
  • The ability of each parent to adequately “parent” the child
  • The availability of programs designed to aid the parent in promoting the best interests of the child
  • Each parents’ respective “Plans” for the child
  • The stability of each home
  • Any acts or omissions made by either parent that may indicate unfitness
  • And more…

Hire Diaz Law Firm and let our team of talented legal minds and staunch advocates ensure you are positioned in the best light and well-represented. Contact our firm today for a free consultation.

ADOPTION

The adoption of a child is one of the most rewarding and fulfilling moments an individual can experience. But there are quite a few steps between wanting to adopt and becoming a child’s legal guardian.  

Adoptions in Texas are guided by a number of state and federal regulations and laws. These laws apply to both prospective adopting families as well as the birth parents.

The process is wrought with red tape and paperwork that needs to be filed correctly, efficiently, and on time with the right organization and departments. As such, the process can be stressful for many adoptive parents. However, you don’t have to go at this alone. We can assist at every step of the process leading to successful adoption.

Let us handle the legal complexity and steps required for adoption. Our attorneys have helped couples expand their growing family and provide a loving and caring home for an adopted child.

Types of Adoption in Texas:

  • Adoption by stepparents
  • International adoptions
  • State (or interstate) adoptions
  • Adoption of a foster child
  • Infant adoption
  • Adoption of a relative
  • Same-sex adoptions

Legal Issues when Adopting a Child In Texas:

  • In what way will the biological parent’s rights will cease
  • When will the biological parent’s rights end
  • Where and when is it appropriate to file for adoption
  • What expenses you may legally pay to the birth mother
  • Interstate complexities if the child was born in a state other than Texas
  • Understanding your rights and obligations throughout the process
  • What happens if the biological parent(s) have second thoughts or back out?
  • What if the biological parents try to attempt contact with the child later on in life?
  • Can the biological parents later petition for rights?
  • What types of safeguards need to be in place

Establishing an Adoption Strategy

Creating an adoption strategy tailored to your unique circumstances can help make the process smoother, set proper expectations, identify milestones and goals, improve the efficiency of moving through the steps in a stress-free manner and more.

We know that the adoption process can be both overwhelming and intimidating to tackle on your own, which is why we take the time to walk you through start to finish, step by step. Contact our firm today for a free consultation.

FAMILY LAW PRACTICE AREAS

DIVORCE

DIVORCE

The number of laws and processes involved in getting divorced in Texas is as big as the Long Horn State itself. From mutually agreeable and non-contested divorces, to embroiled battles over dividing up assets, our team is ready to help you find the right solutions and ensure your best interests are always being looked out for. We provide aggressive yet compassionate divorce representation that gets results for you and your family.

For most couples, ending a marriage is a complex process that requires them to equitably divide their property, financial assets, debts and parenting responsibilities. When you are going through a process that touches so many important areas of your life, it is critical that you have a knowledgeable counselor by your side.

The Divorce Process in Texas:

Texas Family Law Attorneys

Our firm has extensive experience helping our clients obtain favorable outcomes for what is often a sad and difficult time in their lives. We can help you with a myriad of legal issues surrounding divorce including but not limited to:

  • Planning for a divorce
  • Uncontested and contested divorce cases
  • High profile divorces
  • Military divorces
  • Spousal support/alimony issues
  • Changing your name
  • Pursuing mediated settlements
  • Division of assets/asset protection
  • And more…

Whether you are filing for divorce or your spouse has already filed for divorce, you need the expertise and personal attention of a divorce lawyer who not only understands the complexities of family law and the court process, but who also appreciates the significant impact this event will have on your life. Contact us at 855-900-3429 for a FREE consultation

CHILD SUPPORT

CHILD SUPPORT

Child support is determined by the courts and is made in the form of a set monthly payment paid by the non-custodial parent to the custodial parent. Child support orders are designed to aid the custodial parent financially with the costs of raising the child. It also ensures the non-custodial parent is carrying out their financial duties to the child.

How is Child Support Calculated in Texas?

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

Contesting Child Support Orders in Texas

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. Contact our firm today for a free consultation.

CHILD CUSTODY

CHILD CUSTODY

The process of determining child custody cases in Texas can be an emotional, confusing and stressful experience for any parent or guardian to go through. Our team of compassionate and dedicated attorneys can help you navigate these waters and can act as a support system for you and your family at every step of the way.

As a family-oriented team, we know first-hand how important it is to ensure your children’s interests are at the forefront of any legal issues or proceedings you may be involved in. Our experienced team is ready to advocate and fight to ensure your child’s safety and your parental rights are protected.

Under Texas Statutes, Family Code, Chapter 153, the court presumes joint managing conservators (i.e. joint custody) as the preferential outcome so that the child may maintain a meaningful relationship with both parents. However, the court also is under obligation to take the best interests of your children in mind in its decision.

Types of Custody Include:

  • Joint
  • Sole
  • Shared
  • Split Custody

Determining Child Custody in Texas

Custody battles are often contentious and complex, with the court taking into consideration a number of factors when making a determination.

Aspects the court may consider include:

  • Expressed wishes of the child
  • The child’s current and future physical and emotional needs
  • Any potential current or future physical or emotional dangers
  • The ability of each parent to adequately “parent” the child
  • The availability of programs designed to aid the parent in promoting the best interests of the child
  • Each parents’ respective “Plans” for the child
  • The stability of each home
  • Any acts or omissions made by either parent that may indicate unfitness
  • And more…

Hire Diaz Law Firm and let our team of talented legal minds and staunch advocates ensure you are positioned in the best light and well-represented. Contact our firm today for a free consultation.

ADOPTION

ADOPTION

The adoption of a child is one of the most rewarding and fulfilling moments an individual can experience. But there are quite a few steps between wanting to adopt and becoming a child’s legal guardian.  

Adoptions in Texas are guided by a number of state and federal regulations and laws. These laws apply to both prospective adopting families as well as the birth parents.

The process is wrought with red tape and paperwork that needs to be filed correctly, efficiently, and on time with the right organization and departments. As such, the process can be stressful for many adoptive parents. However, you don’t have to go at this alone. We can assist at every step of the process leading to successful adoption.

Let us handle the legal complexity and steps required for adoption. Our attorneys have helped couples expand their growing family and provide a loving and caring home for an adopted child.

Types of Adoption in Texas:

  • Adoption by stepparents
  • International adoptions
  • State (or interstate) adoptions
  • Adoption of a foster child
  • Infant adoption
  • Adoption of a relative
  • Same-sex adoptions

Legal Issues when Adopting a Child In Texas:

  • In what way will the biological parent’s rights will cease
  • When will the biological parent’s rights end
  • Where and when is it appropriate to file for adoption
  • What expenses you may legally pay to the birth mother
  • Interstate complexities if the child was born in a state other than Texas
  • Understanding your rights and obligations throughout the process
  • What happens if the biological parent(s) have second thoughts or back out?
  • What if the biological parents try to attempt contact with the child later on in life?
  • Can the biological parents later petition for rights?
  • What types of safeguards need to be in place

Establishing an Adoption Strategy

Creating an adoption strategy tailored to your unique circumstances can help make the process smoother, set proper expectations, identify milestones and goals, improve the efficiency of moving through the steps in a stress-free manner and more.

We know that the adoption process can be both overwhelming and intimidating to tackle on your own, which is why we take the time to walk you through start to finish, step by step. Contact our firm today for a free consultation.

Meet Our Family Law Attorneys

Our Recent Victories

L.A. v. D.A: Custody

Obtained primary conservatorship

S.G. v. R.G: Divorce

Primary conservatorship & supervised exchanges

J.M v. M.M: Divorce

Successfully defended allegations of family violence

A.R v. A.P: Custody

After 4 years of being denied access, our client has weekend visits

J.H v. B.C & B.H: CPS

Children are back with their parents and CPS is no longer involved

M.A v. M.S: Custody

Primary custody obtained

Family Law FAQ

Although the state of Texas has what is known as “no-fault divorce”, which means you do not need to have grounds for divorce, some of the most common grounds are:

  • 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.
  • 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

When you receive a Petition for Dissolution of Marriage (Divorce), you need to file a written response with the court. This is basically a written notice of your positions on each paragraph or statement in the original filed Petition. Essentially, it is your opportunity to agree to, object to, admit to, or deny what is being stated or requested by your spouse.

Many people may file the Answer, believing this is enough to protect themselves throughout the divorce proceedings. However, from a legal standpoint, this may not always be true, and it is usually best practice to file both an Answer and a Counter-Petition.

In Texas there is a 60 day waiting period by law from the day you file the petition – but on average a divroce can take about 5-12 months depending on how fast the parties can reach an agreement and the court timing.

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)

Child custody types consist of legal and physical custody. Legal custody refers to the right to make all decisions, such as religious affiliation, education, and medical care, concerning a child’s upbringing. Physical custody refers to the right to provide a physical home for a child. Both legal and physical custody may be awarded to one parent (sole custody), or the parents may share some combination of the two (joint custody).

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

Although the state of Texas has what is known as “no-fault divorce”, which means you do not need to have grounds for divorce, some of the most common grounds are:

  • 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.
  • 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

When you receive a Petition for Dissolution of Marriage (Divorce), you need to file a written response with the court. This is basically a written notice of your positions on each paragraph or statement in the original filed Petition. Essentially, it is your opportunity to agree to, object to, admit to, or deny what is being stated or requested by your spouse.

Many people may file the Answer, believing this is enough to protect themselves throughout the divorce proceedings. However, from a legal standpoint, this may not always be true, and it is usually best practice to file both an Answer and a Counter-Petition.

Yes, you can get a divorce in Texas as long as you’ve lived in the State for a continuous period of at least 6 months and 90 days in the County, even if your spouse does not live in Texas.

Yes, there are several steps your attorney can take to get you a divorce, even if the other party does not want to.

Yes, the court may require additional steps to show that you did everything possible to try to serve or notify your spouse about the divorce, but it can be done.

In Texas there is a 60 day waiting period by law from the day you file the petition – but on average a divorce can take about 5-12 months depending on how fast the parties can reach an agreement and the court timing.

All property acquired during the divorce is usually considered to be marital property, unless it can be proven that it is separate property.

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)
Child custody types consist of legal and physical custody. Legal custody refers to the right to make all decisions, such as religious affiliation, education, and medical care, concerning a child’s upbringing. Physical custody refers to the right to provide a physical home for a child. Both legal and physical custody may be awarded to one parent (sole custody), or the parents may share some combination of the two (joint custody).
Visitation rights entitle non-custodial parents (parents who do not have custody) to spend time with their children. Typically, the parents jointly determine visitation schedules, although in cases where hostility exists between parents, a court might order fixed visitation (predetermined schedules, such as every weekend). In cases where a parent has a history of violence or substance dependency, a court might order supervised visitation, which requires a court- and custodial parent-approved adult to be present during all of the non-custodial parent’s visits with the children.
The custodial parent means the parent the child resides with for the majority, or all, of the time by a court order. Even in cases of shared custody, there is a custodial and noncustodial parent, it is just the parent the kids are with most of the time. The prospect of being a non-custodial parent shouldn’t be looked at as a negative thing. You can be just as involved in your child’s life as the custodial parent, and bear an equal share in the responsibilities of parenthood. Depending on the nature of the court-ordered custody, non-custodial parents may or may not have the ability to make important decisions regarding the child. Only in cases where one parent is given sole physical and legal custody does the entire responsibility for the care and raising of the child as well as all decision-making concerning the welfare of the child fall on one parent.

Without a custody order signed by a judge, police won’t get involved. You will need to file a Suit Affecting Parent Child Relationship in order to obtain an order granting a specific custody arrangement. Once an order is in place, if the other party attempts to break it, it’s possible to enforce it in court or with the authorities.

It’s always best if parents can agree, although that isn’t always possible. If they can’t, there will be a court trial. Each parent or their Texas child custody attorney on their behalf can submit evidence as to why their desired custody arrangement is in the child’s best interests. The judge might agree that one parent’s proposed custody arrangement is best for the child, or they might come up with their own.

Once custody has been determined by a court through a Decree of Divorce or Decree of Custody, you must show a substantial or material change of circumstances which was not anticipated at the time of the decree prior to making any modification. Then you must show that because of this change it would be in the best interest of the minor child that there be a change in custody.

However, an immediate modification of parenting time can be requested if it is shown that the child’s present environment may endanger the child’s physical health.

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
If there is already an order, enforce it. If not, file a CS order with the AG office.

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.

Child support never changes automatically. If the circumstances of the parents or the children change in a way that might affect child support, the affected parent needs to seek a change in the order that requires payment of child support.

Again, if the child support order was made by a court as part of a divorce proceeding, the parent who seeks a change in child support would need to return to the court that issued the order. They would file a petition for modification of child support. Local courts may require the use of certain forms, e.g. a post-judgment modification of support or custody form. If a person’s income fluctuates significantly from year-to-year, they may check with their local family law court to see if the court has documents for explaining this situation to the court.

Usually, a child is considered an adult when they reach the age of 18 and is no longer entitled to support from either parent. In a child support order, a judge may even state that it expires when the child reaches the age of 18. Or, if a child passes away, child support payments would end. Or, if a child successfully seeks emancipation before turning 18, then the non-custodial parent’s child support obligation would end.

However, child support may continue if it is shown that the child has a mental or physical issue that makes them dependent on parental support continuing into adulthood.

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.

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