Midence & Skillern Family Law

Enforcements

Webmaster — Mon, 21 Mar 2011 22:08:57 +0000

Texas family law enforcement proceedings involve compelling one or both parties to a divorce or suit affecting the parent/child relationship to comply with the terms of a court order such as the final decree of divorce. Examples include compelling a recalcitrant party to comply with visitation schedule or the payment of child support. Some enforcement actions are be quasi-criminal in nature — meaning jail time could be a penalty if the petitioner proves his/her case. Therefore, it is critical to have experienced legal representation whether you are the movant or respondent in an enforcement action.

Modifications

Webmaster — Mon, 21 Mar 2011 22:07:10 +0000

Modification actions involve making legal changes to a prior divorce decree or court order. Examples include requesting a change in child support, primary custody of the child, geographical restrictions as to the child’s residence, and visitation schedules.

Alimony

Webmaster — Mon, 21 Mar 2011 22:06:11 +0000

Contractual alimony is based on an agreement between the parties in their divorce decree. For tax purposes, contractual alimony is normally deemed income to the receiving party and is deductible from the income of the paying party. Since contractual alimony must be based on an agreement of the parties, there are no limits to the possible amount or duration of the alimony.

Suit Affecting the Parent-Child Relationship

Webmaster — Mon, 21 Mar 2011 21:55:05 +0000

SAPCR stands for Suit Affecting the Parent-Child Relationship. A SAPCR can be an independent lawsuit, or it may be part of a divorce action. A divorce case can involve three lawsuits in one: (1) terminating the marriage relationship; (2) division of property; and (3) a suit affecting the parent child relationship. While a divorce eventually becomes final, a SAPCR may be remain intermittently active until all children turn the age of 18 and graduate from high school. Also, in circumstances where the parents of a child are not married, there would be no reason to file a divorce action; however, the parties may need to establish rights and duties with regard to the child as well as child and medical support.

Divorce

Webmaster — Mon, 21 Mar 2011 21:39:58 +0000

At Midence and Skillern, P.L.L.C, before anything else, we will listen to you and answer all of your questions. We will evaluate your situation and advise you of all of your options under the law. Our goal is to help you make the decisions…
Read More

Child Custody

Webmaster — Mon, 21 Mar 2011 21:39:26 +0000

Children typically do not have a voice in the divorce process, especially if they are under the age of twelve. At Midence and Skillern, P.L.L.C., we are committed to protecting the psychological and emotional well-being of the children…
Read More

Property Division

Webmaster — Mon, 21 Mar 2011 21:38:53 +0000

The only hard and fast rule for the division of marital property is a “just and right division.” An ambiguous term at best. In most cases, the Court will divide the property along the lines of 50/50 absent some circumstance which indicates otherwise…
Read More

New Houston Family Law Blog

Webmaster — Thu, 17 Mar 2011 22:42:50 +0000

Welcome to the new Houston Family Law Blog at Midence & Skillern. The purpose of this blog is to provide the Greater Houston area information regarding divorce, child custody, and other family law related issues. This blog will also provide the public with information regarding the Harris County and surrounding counties Family Law Courts and resources.

Midence & Skillern are Houston lawyers who represent people in divorce and child custody cases. There is a lot at stake in family law cases and it is important to find family law lawyers who are familiar with the divorce process and child custody issues. We look forward to providing the public with information regarding divorce and child custody.

Do I Need a Divorce Lawyer?

Webmaster — Thu, 17 Mar 2011 22:42:02 +0000

I get this question a lot. There are some people who can handle a divorce case on their own if their marriage has been short enough and there are not any children. But I have seen time and again, persons who thought they could handle the divorce, tried to, and just created a mess. I have taught a class called how to do your own divorce. It is possible in some situations. If you have children, handling a divorce on your own is careless and not what is best for your children. There are just too many issues and methods for someone to get a handle on. I know tons of Houston lawyers who say they would not touch a family law divorce with children or child custody issues because they do not feel comfortable in handling them. These are good lawyers who say this.

At the very least, if you are considering going it alone, you should at least pay for a consultation with a divorce lawyer. That one hour and a couple a hundred dollars may completely save you from a disaster. Also, that consultation with a divorce lawyer, may help you decide whether you should attempt to play lawyer down at the family courts.

There are so many reasons not to handle your own divorce. Even lawyers (smart ones) that hire other lawyers to represent them in their divorces. There are certain documents that have to be done in a divorce to transfer property, both real and personal property, there are tax consequences in a divorce, retirement plan issues, and just a lot of other things that need to be done properly.

Houston Child Custody Case

Webmaster — Thu, 17 Mar 2011 22:41:36 +0000

In Texas, a child custody case is called a Suit Affecting Parent Child Relationship or SAPCR. The Texas Family Code allows a parent of a child to file for custody in a family law court. The SAPCR is no different than any lawsuit. Only parties with standing may file the suit, which is a fancy way to say that usually only a parent may file for custody of child. There are a few other scenarios such as grandparents rights under certain situations or when any person has possession of a child for six months or more, then a person other than a parent may file for custody of a child.

Usually, when a custody suit is filed, there is a temporary restraining order prohibiting parents from removing the child from the jurisdiction of the court or hiding or secreting the child. In a child custody suit, the court determines each decision it makes regarding the child by the best interests of the child standard.

The Court first determines if it will order Joint Managing Conservatorship or Sole Managing Conservatorship. Joint Managing Conservatorship is more common and presumed to be in the best interest of the child. The rights and duties of the parents are established based on the type of conservatorship that is ordered. The most sought after right is the right to establish the primary residence of the child. Most child custody cases hinge on that one important right. The next most important aspect of a child custody case is the possession and access schedule. Courts can order the traditional Standard Possession Order (a future blog will cover these issues) or can order a Customized Possession Order. No matter what the order is, the Court must determine the possession order is in the best interest of the child.

Another heavily litigated issue in a child custody case is the amount of child support and health insurance one party pays another. The typical amount of child support is based on a chart found in the Texas Family Code. For one child, the courts order an obligor to pay 20% of a person’s net resources.

There are so many issues in a child custody case that this blog will evaluate the issues separately. Every child custody case is different so the issues and fight is different in every child custody case. It is important to always fight for what is in the best interest of the child.