Understanding Your Rights in Family Law Cases

Whatever type of family law matter you’re facing, whether it’s a divorce, probate court issues, adoption, or issues of child support and visitation, your rights are best protected when you work with a family law attorney in Austin, TX. Here are a few of your rights that you should be aware of and which your lawyer can help you protect.

Understanding Your Rights in Family Law Cases in Austin, TX

Right to Representation by Your Own Family Law Attorney

One of your fundamental rights in family law cases is the right to have your own legal representation. While you have the option to represent yourself (something called pro se in the law), family law is very complicated, and the rules and requirements of the courts can be confusing and onerous.

Your lawyer will be able to interpret the Texas family law code for you as well as advocate for your interests. It’s important that the lawyer you choose the specifically conversant in family law. It’s not enough to have a general law practitioner.

It’s also important that you have your own family law professional on your side. It’s never a good idea, nor is it ethical, for a lawyer to represent two spouses in a divorce or two sides in a legal matter, even if you and your family are accustomed to doing things together. You need someone who is specifically representing you and your interests and specifically looking out for your rights.

Rights in Divorce Proceedings

In divorce, your rights include several key things.  First, you have the right to expect your marital property to be divided in a “just and right” manner. In other words, not necessarily a 50-50 split but an equitable distribution that considers all the important factors of your marriage, like the contributions that each of you has made to the marital estate, your current financial situation, your future earning capacity, and the length of your marriage. You also have the right to your fair share of the entirety of the marital property, so your lawyer will protect this right by making sure your spouse is not trying to hide property.

You may also have the right to spousal support, often called “alimony,” to mitigate any unfair economic effects of dissolving the marriage. This could be temporary to help you get through the divorce and then potentially get on your feet with a new job and career, or it could be long-term or even permanent, depending on the situation. Your lawyer will help you to understand what is owed and make the best case for you.

Child Custody and Visitation Rights

When it comes to child custody and visitation, you should expect the court to award you all your parental rights unless there is clear proof of a compelling reason not to do so. This includes not only the right to visit your child but also the right to have custody over them and have an equal say with the other parent in all the important decisions of your child’s life, such as what healthcare they will receive, what school they will go to, and what religious education they may or may not have.

This right is mitigated by the requirement upon the court by the law to do everything in this area according to what is in the “best interest of the child.” This means that the court will look carefully into issues like parental fitness, the child’s preferences (if they are of sufficient age and maturity), and each parent’s ability to maintain a stable environment.

Child Support Rights

Child support is another critical area where your rights are defined by law. If you’re the custodial parent, which in Texas law is called having “possessory conservatorship,” you have the right to seek financial support for your child from the noncustodial parent, calculated based on income, the child’s needs, and state guidelines.

Conversely, if you’re ordered to pay child support, you have the right to understand how that amount was determined and challenge it if it does not properly take into consideration the full facts of your financial situation or if your spouse is mismanaging funds. You also have the right to seek a modification if there have been significant changes in your circumstances, the child’s life, or the circumstances of the other parent.

However, it is important to understand that child support is first and foremost a right that belongs to the child, not to the receiving parent, because the intent is to ensure that the child’s needs are met. You have the right to pursue it on behalf of your child, but the money is not yours by right should it be awarded.

Rights in Domestic Violence Cases

If you’re a victim, you have the right to seek protective orders, which can be written in whatever way the court deems best for the circumstances. An experienced Austin family law attorney will be able to tell you exactly what to ask for and will make a strong case on your behalf. Some of what these orders can do might be, for example, mandating that an abuser stay away from you and any place where you regularly are, such as your workplace and your child’s school. These orders can also address custody and visitation issues if there is concern about a child’s safety.

If you are being accused of domestic violence, you have the right to defend yourself. This includes the right to have a hearing in public where you can contest every allegation being made against you. Again, an experienced lawyer is always in the best position to help you in these cases.

Rights in Adoption Proceedings

Prospective adoptive parents have rights to accurate information about a child’s health, background, and any special needs so there can be informed consent to adoption. Birth parents, particularly in open adoptions, have rights to varying degrees of contact or information about the child post-adoption, depending on the agreements that are made. Children, when old enough, have the right to access their adoption records or to search for their biological relatives, if they choose.

Rights in Guardianship Cases

Guardianship is a legal arrangement where someone is given legal rights over another because the second person is unable to manage their own affairs. Guardianship can sometimes be applied to children if their parents have died or are otherwise unable to fulfill their parental duties. However, in Texas, guardianship is more often of older people who cannot manage their own affairs due to age or disability.

If you are seeking a guardianship, you have the right to petition for it and to provide evidence of why it’s necessary and why you are a suitable guardian. The person who may potentially have their legal rights given to another (the “ward”) also has rights, including the right to have their own legal representation and to challenge the guardianship. Even if guardianship is necessary, they have the right to the least restrictive environment possible.

There are more rights than these and more situations where a family law lawyer can help you. Whatever your family law concern might be, we can help. Contact the Evans Family Law Group in Austin, TX for help. We also have offices in Bastrop and serve families in Travis, Williamson, Bastrop, and Hays Counties and all surrounding towns.