Dallas Family Law Specialist Lisa Garza, P.C.
Areas Of Legal Practice And Legal Definitions
DIVORCE
Divorce in Texas is either a "fault" or "no fault" grounds
described in the Texas Family Code. Most divorces are founded on
the no-fault ground of "in-supportability" (i.e. incompatibility),
which can be granted to either spouse if that spouse feels that the
marriage has become insupportable because of discord or conflict in
personalities which makes any reasonable expectation of
reconciliation impossible. Lisa Garza, P.C., counsels all clients
through divorce proceedings to eliminate the stress that can be
emotionally taxing.
CHILD CUSTODY
The charge and control of a child including the right to
make major decisions such as residence, education and certain
non-emergency medical decisions is known as child custody. Custody
in Texas is usually shared jointly by the parents with one parent
having the right to determine the child's residence and to receive
child support. This relationship between the parents and child is
called "joint managing conservatorship".
MODIFICATION OF CHILD SUPPORT & EXISTING
ORDERS
Child support is a payment by one parent to the other parent for
the support of their child or children. The amount of child support
is normally based upon the net monthly resources of the paying
parent and may be withheld from his or her wages. A change in
financial resources may require you to ask the court to grant a
change in your child support, known as modification of child
support.
CHILD SUPPORT
ENFORCEMENT CASES
Dallas family lawyers Lisa Garza, P.C., will assist you in filing a
lawsuit against the non-custodial parent asking the court to
enforce a child support order. If non-custodial parents do not pay
child support, they are subject to enforcement measures to collect
regular and overdue payments. The Child Support Division uses many
techniques to enforce child support orders, including: wage
garnishment; intercepting federal income tax refund checks; filing
liens against property or other assets and driver's license
suspension. A judge may sentence a nonpaying parent to jail and
enter a judgment for past due child support. If you are in need of
enforcing child support or facing the child support enforcement
penalties listed above, Dallas family law Attorney of Lisa Garza,
P.C., can help you today.
CHILD PROTECTIVE SERVICES CASES
If you are being wrongfully accused of abusing your children and
facing the loss of custody, you need an attorney immediately. You
must prevent the loss of custody or visitation of your children,
and avoid fines and jail time. If you suspect that your former
spouse is abusing your children, you need to take action to stop
the abuse as soon as possible. Document any evidence with notes and
pictures and contact Lisa Garza, P.C., today. Our office can help
you file a complaint with the Texas Child Protective Services
office which investigates reports of abuse and neglect of children
and can provide services to children and families in need.
DIVIDING PROPERTY AND DEBTS
Property in Texas is either community property or separate
property. The court in a divorce is required to divide the
community estate of the parties in a manner that the court deems
fair and reasonable. This division can involve questions of the
value of property and debts and the character of the property as
either community or separate. There are many legal issues and
options surrounding the division of property that can be fully
discussed with family lawyer Lisa Garza, P.C.
Other areas of family law include:
PARENTAL RIGHTS
The Texas system of joint managing conservatorship is
actually an allocation of various rights between the parents. There
are a number of rights and duties set out in the Texas Family Code.
Some may be exercised only by one parent, some may be exercised by
either parent and some may be exercised jointly. The primary rights
are the right to determine the child's residence and the right to
receive child support. Of secondary importance are: the right to
make educational decisions for the child and to consent to invasive
medical procedures or psychological or psychiatric treatment for
the child.
FAMILY VIOLENCE
Sometimes called "domestic violence", this term refers to
assault or serious threats upon family or household members or upon
one with whom a dating relationship exists. Family violence
presents serious issues in both family law and criminal law. If you
are a victim of family violence there are legal remedies available
to assist you in ending an abusive relationship. Known as a
temporary restraining order, your family law attorney can help you
file necessary paperwork to keep an abusive spouse away from you
and your children.
PRE-MARITAL AGREEMENTS
These include formal agreements written in a contract
before marriage which legally bind the rights and responsibilities
of the parties during or after the marriage is established.
Post-marital agreements are arranged after marriage which may
allocate property or other rights between the parties or change the
character of property.
SPOUSAL SUPPORT
An amount of money given to one spouse to another while they are
separated or upon their divorce is known as spousal support. Texas
has very specific requirements for obtaining post-divorce support.
The maximum term of spousal support is 3 years unless the receiving
party is disabled. If the spouse in need of support is disabled he
or she will receive payments until they no long suffer
disability.
PATERNITY
Establishing legal fatherhood and the rights and duties
that accompany it is known as paternity. There can be a difference
between a biological father and a legal father. When a child is
born, the mother's name automatically appears on the birth
certificate. If she is married, her husband is assumed to be the
baby's father. But if the parents are not married, under Texas law,
the child does not have a legal father. If the parents are not
married, it is important for the mother, for the father, and above
all for the child, to establish paternity, regardless of whether
the parents stay together.
When experience and personalized service matter most, contact Lisa
Garza & Associates at (888) 646-2373 or
complete the contact form to receive a full assessment of your
legal needs.
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