Family Law Practice Areas
- There are many different issues that can come up during the divorce process. Porter Legal Group can help you with any and all issues that will arise. Some things to consider during the divorce process are:
Community Property - In Texas, anything that is purchased during the marriage becomes community property. This can include a house, car, credit card debt, and any other property that has been acquired during the marriage. During the divorce process, all community property will need to be divided in order to finalize the divorce.
Children - If you have children in common, then the divorce process becomes more complicated. During the divorce process, the custody of the children will need to be established. The parent who has primary custody of the children will then have to provide visitation rights of the children to the other parent, given that the other parent pays child support. All of these things will need to be dealt with at the time of divorce. It is important to know your rights as the parent who has custody and the parent who has visitation.
- There are two types of general divorce cases.
Simple Divorce - A simple divorce is where both parties agree on all issues. This means that the parents agree on splitting the community property, custody and visitation of the children, and child support. This usually requires less time in court and means that both parties agree on all terms.
Contested Divorce - A contested divorce is where both parties do not agree on all issues. Although they may agree on some of the issues, there are one or more issues that cannot be resolved. This requires both parties to go in front of a family court judge and present their case detailing their terms.
Porter Legal Group can assist you throughout the entire divorce process. We understand that it is a very difficult time in your life and will do the best we can to make the divorce process as easy and painless as possible. Call us today to schedule your consultation!
Gaining custody of your children is an important step in protecting your rights to your children. Whether you are already divorced or were never married, custody of a child can still be established. In order to begin the process, the paternity of the child must be established. If this was not done when the child was born, the paternity can be determined through the family court in order to establish custody.
There are two main types of custody that can be ordered for a parent:
- Joint Custody - This is the standard custody order in which one parent becomes the primary conservator and the other parent becomes the secondary conservator. In this custody arrangement, both parents must agree on decisions made regarding the child. Typically, in this arrangement, the secondary conservator has standard visitation rights and pays the standard child support amount. Most custody orders fall into this category.
Sole Custody - This custody order means that one parent will have the exclusive right to make decisions regarding the child, including where the child lives and where the child goes to school. This order is typically granted when the other parent is not as involved in the child's life or does not wish to be involved. It can also be ordered if there is a history of violence in the household or if the court feels that the other parent could be a danger to the child.
There are many details to consider when you are trying to obtain custody of your child. Porter Legal Group can help you prepare for your custody case and assist you in obtaining the custody arrangement you desire. Call us today to schedule your initial consultation!
- Visitation of a child is usually established once custody of the child has already been determined.
- Standard Order - There is a standard order for visitation in Texas that usually awards the non-primary parent visitation on the 1st, 3rd, and 5th weekend of each month starting on Friday at 6pm and ending on Sunday at 6pm, including certain holidays or breaks from school. If you believe your visitation is unfair, contact us today so we can review your current visitation order.
- Non-Standard Order - This type of order can be in place when a special circumstance exists for one of the parents, such as a job that might require one of the parents to work over the weekend or a job in which the parent travels often. If you are in a situation that does not work for your current visitation, you can ask the court to change the current order that works better with your schedule.
- Supervised Visitation Order - Supervised visitation occurs when there is a safety concern for the children when they are with the parent who has visitation. This usually occurs when the primary conservator of the children is concerned about the safety based on past violence in the household or past criminal history of the other parent.
- No Visitation Rights - In extreme situations in which the court feels that it is not in the best interest of the children to see the other parent at all, it will grant an order for no visitation rights.
- If you need to establish a visitation order for your children or you need to change your current order, Porter Legal Group can assist you with the entire process. Contact us today to schedule your consultation so that we can review your current order and go over any options that you might have.
- Child Support
- Child support is usually established during the divorce process or when custody and visitation are established. There is a standard child support amount that the Texas Officer of the Attorney General has established. During the divorce process or the custody/visitation process, both parents can choose to have the child support go through the OAG's office or can agree to it on their own terms.
- There are many factors to consider when you are trying to establish child support. Porter Legal Group can review your current child support order to ensure that you are getting the money you are entitled to or you are paying the amount of money that you should be paying.
- Porter Legal Group can help you schedule a review of your current child support order with the OAG's office. Contact us today to schedule your consultation and we can review your child support order!