Dallas - Ft. Worth DWI Attorney

Fort Worth Texas Family Law - Divorce Attorney

At the Law Offices of David Sloane, we have guided families through these emotional trials with understanding and compassion. As a family law practitioner, David is prepared to help you with many different aspects of your life. Here are some examples of legal matters with which we can help. In addition to

Divorce
Child Custody
Visitation
Division of Property
Grandparents Rights
Child Support

Family Law FAQ's

Can I have amy Marriage Annulled?
How is paternity established for children conceived outside wedlock?
What is a marital estate, and how are they divided upon divorce in Texas?
Is there Alimony in Texas?
How does the court decide who gets the kids in a divorce?
I'm afraid of my spouse, another family member, or a member of my household, what should I do?
Do Grandparents have any rights?
What should I do if my child has been abused while in the care of the other parent?
Can Active Military Status affect a divorce proceeding?
As Possessory Conservator, how much can I expect to pay in Child Support?
The Possessory Conservator isn't paying child support, what can I do?
My girlfriend and I have a baby, as the father do I have the same rights as the mother?

Can I have my Marriage Annulled?
To dissolve most marriages, and annulment is rarely an option. An annulment is where you ask the court to dissolve the marriage as though it had never occurred. You can get an annulment if the marriage took place due to duress or coercion. You can get an annulment if one of the parties was under the lawful age to marry. You can get an annulment if one or both of the parties were intoxicated at the time of the marriage and the marriage took place due to this intoxication. You can get an annulment within 72 hours of the marriage if the parties did not wait the required 72 hours following the issuance of the marriage license. You can get an annulment if it is discovered the man is impotent following the marriage.

How is paternity established for children conceived outside wedlock?
Frequently, children are born or conceived out of wedlock. A suit to establish paternity is used to determine the rights and obligations of the parties. The child needn't yet be born for this suit to proceed. However, if the probable father chooses to contest paternity, this suit cannot be resolved until after the child is born, and DNA testing can be done. Unless he is absolutely certain he is the father, a probable father should always contest paternity in these suits until DNA testing can be done. Once a probable father acknowledges paternity before the court, as a matter of law he becomes the father. This is so even if as a matter of fact, he is not. Once paternity is established, the probable father can be required to pay the legal costs incurred by the mother in prosecuting her suit. He can also be required to pay half the delivery costs for the baby, and of course, child support and visitation schedules are ordered at that time.

What is a marital estate, and how are they divided upon divorce in Texas?
The marital estate is basically all assets and liabilities acquired during the marriage. This includes retirement accounts, the value of a family business, real estate and personal property, and cash on hand. The rule is basically to divide the assets and liabilities down the middle. However, certain circumstances can be present to make an unequal distribution the more likely result. Adultery; fault in the marital break-up; and unequal contributions to the estate, etc. can factor into the division.

Is there Alimony in Texas?
The short answer to this question is "No." However, for a long term marriage (one lasting more than 10 years) a spouse can ask for spousal maintenance lasting up to 3 years following the divorce. This situation is reserved for cases where the former spouse has unequal earning capacity because he or she passed up educational and career opportunities in lieu of the marriage. Generally, this situation occurs where the wife has stayed at home and raised the kids while the husband followed his career. Once the kids are grown or nearly grown, the husband tells the wife to hit the road. The three-year period is designed to give the under-skilled spouse the opportunity to pursue career and/or educational goals and develop the ability to support him or herself. Even with long-term marriages, this rule is rarely applied when both spouses worked for all, or substantially all the marriage.

How does the court decide who gets the kids in a divorce?
Regardless of the wishes of the parties, the court will consider one thing and one thing only: The best interest of the child(ren.) In other words, who is best suited to provide a stable environment for them. This person will be named Managing Conservator, or Joint Managing Conservator in Primary Possession. The other will be named Possessory Conservator, or Joint Managing Conservator. Texas law prohibits discrimination based on gender in making this determination. However, for children under three, rarely will possession of the children go to the father. You should also know the law disfavors splitting up the children absent good reason. Once a child reaches the age of 12, they can tell the court which parent they want to live with, and the court will certainly consider it. However, the wishes of the child will not trump the prevailing standard, which is again, the best interest of the child. You should also know that custody battles are expensive. By the time you involve experts, conduct extensive discovery, and have a trial, a heated custody battle can easily costs between $20,000 and $40,000 dollars.

I'm afraid of my spouse, another family member, or a member of my household, what should I do?
In cases of domestic violence, there are extreme and rapid remedies available to you. Your attorney can obtain a protective order with a kick-out provision, which essentially orders the abuser out of the home and prohibits any further harassment. They are entitled to a hearing within 15 days in this extreme situation. At the same temporary orders can be entered to provide for child and interim spousal support. Keep in mind there needn't be a traditional "marriage" to obtain this relief. The Ft. Worth, Texas Law Offices of David Sloane has successfully prosecuted protective orders in cases where there was an abusive stepparent, sibling or son or daughter; the parties were cohabitating outside marriage; and even in cases of gay domestic partnerships. All that is required is the parties be members of the same household. This provision of the law should be used judiciously however. Once a member of a household has been found to have engaged in family violence there are serious and permanent ramifications for them. This is particularly true for those alleged abusers who are members of law enforcement or in the military. Domestic abusers are forever barred for owning or possessing a firearm. The law also prohibits a Joint Managing Conservatorship of the children if one of more of the parents has been found to engaged in family violence. If you need a protective order, or if you have been served with a protective order against you, you should contact an attorney immediately.

Do Grandparents have any rights?
Once the initial family unit is fractured, Grandparents can sue for custody and/or visitation of their Grandchildren. The family unit can become fractured several ways, but generally it occurs with the filing of a divorce or the death of one of the parents. In cases where a child is born out of wedlock, the family unit was fractured from the start.

What should I do if my child has been abused while in the care of the other parent?
Cases of emotional, sexual, and physical abuse should be taken very seriously. Even though you may trust the other parent, you should be particularly watchful for this whenever your child has had extended contact with stepsiblings (particularly pubescent males) and stepparents who frequently resent the presence of your child. In cases of suspected sexual abuse, DO NOT BATHE THE CHILD! Take them immediately to a hospital emergency room. If you have a children's hospital in your area, this is preferred because they generally have much more experience in dealing with these cases involving children. If they confirm your suspicions, they will collect the evidence and make the necessary referrals to the Police and Child Protective Services. The same holds true in cases of severe physical abuse. However, you should photograph the injuries yourself in addition to those taken by the police in case the photos taken by the police are inadequate, or they refuse to release them while a criminal prosecution is pending. Emotional abuse of children is the most common, and often the most difficult to prove. Even though the police and child protective services have relatively high standards they must meet to bring a criminal prosecution, remember in family court you need only show more likely than not that the abuse occurred. You should also know it is against the law to knowingly file a false report of child abuse. If you are not the Managing Conservator of the child, and the time to return them to the abusive environment is approaching you must file papers with the court alleging there is a serious immediate question regarding the welfare of the child and get the court's permission to disregard it's prior order to return the child.

Can Active Military Status affect a divorce proceeding?
Yes! During World War II, Congress passed a federal law called The Soldier's and Sailor's Relief Act in response to lenders and mortgage holder's attempting to foreclose on the family farms while the family breadwinners were away at war. More recently, during Desert Storm many high paid Airline Pilots who were activated and now found themselves trying to support their family and lifestyle on military pay invoked it. Basically this law allows someone who is active military and stationed away from home to stay many legal proceedings against him or her until they can come home and deal with it. It does not mean you can shirk your responsibilities altogether, however, it does provide some temporary relief. If Texas is your home state, you should contact the JAG office if you have been served divorce papers. Regardless of where your spouse now lives, if Texas is not your home state, and was not the last location of the marital bed, it may be the case that the Texas Courts have no jurisdiction over you whatsoever, unless you voluntarily submit to it's jurisdiction. If you file ANY responsive letter or pleading (including request for relief under the Soldier's and Sailor's Relief Act) other than a special appearance, under Texas Law, you have just voluntarily submitted to its jurisdiction. This is a very harsh result, and a law I do not necessarily agree with under this circumstance. Realize most JAG Attorneys have never practiced in Texas and are unaware of this nuance of Texas Long Arm Jurisdiction. Please have them contact me and I'll advise them how to proceed on your behalf at no costs.

As Possessory Conservator, how much can I expect to pay in Child Support?
Assuming the child has no special needs, the amount of child support to be paid by a Possessory Conservator is regulated by statute. Generally, the amount is based upon the income of the Possessory Conservator. In general, the amount is 20% of the net income for the first child, and an additional 5% for each child thereafter. The court can exceed this amount if it believes the Possessory Conservator has become voluntarily unemployed, or underemployed for the purposes of reducing the child support calculation. These amounts also assume the Possessory Conservator will be the one providing health insurance, half the unreimbursed medical expenses, and will be exercising their visitation, which, naturally will involve spending money on the children.

The Possessory Conservator isn't paying child support, what can I do?
This is a thorny subject for most family law attorneys because collecting from deadbeat parents is a difficult and tedious process, usually on behalf of clients who can least afford their services. Motions for enforcement and contempt proceedings can be brought. Ultimately, the non-paying parent can go to jail. But usually when they reach this point, they will pay or promise to pay just enough to stay out of jail. The court is reluctant to lock them up, knowing, as long as they're in jail, they won't pay anything. The meager amounts that can be squeezed out of them rarely equal the legal costs incurred in getting it. There are other things that can be done. You can have their driver's license, and any professional licenses suspended. Criminal non-support is a felony in Texas and a few District Attorneys will pursue it. For those who cannot afford to pursue the other parent, the Texas Attorney General will pursue them on your behalf at no costs. Many complaints about the Attorney General are unfounded. Their success rate is just as high, if not higher, than that of private attorneys.

My girlfriend and I have a baby, as the father do I have the same rights as the mother? No. If this child was born outside wedlock, and you haven't been deemed the father by the court, in Texas you are the "presumed father." It matters not that you were named the father on the child's birth certificate, or signed a statement of paternity. You do not have the same legal footing as a parent as the mother until you go to court and establish paternity. The only fathers in Texas that automatically have the same legal footing the mother are those of children born during a marriage.