A family lawyer in Austin, TX might be your first call if you’re thinking about adoption, need to get a
divorce, want to change your child support or child visitation schedule, or for lots of other reasons. It’s a pretty broad area of law, but here are some key situations where you’ll definitely want to consult with a qualified
family law attorney in Austin, TX.
When Should You Consult a Family Lawyer in Austin, TX?
When You’re Thinking About Divorce
The end of a marriage is always a difficult time, but a lawyer with experience in the family courts can help this time go as smoothly as possible. An
Austin divorce attorney will help you
file for divorce, negotiate any settlements with your spouse, represent you in court if it comes to that, advocate for your interests, and make sure that you meet all the legal requirements at every step. They can also review all agreements that you and your spouse might come to about property division or
child custody to make sure they are fair to you and will also be acceptable to the courts.
Divorce can also get contentious. If that happens, it can be hard to make decisions that are in your own best interests and keep focused on your future. Your lawyer provides help in this regard by being someone who is on your side, but who is also emotionally detached from the case. This allows them to focus on what’s best for your future and give you good advice. And if you’re up against a spouse who was hiding assets, trying to undermine your relationship with your children, threatening you with violence, or otherwise making this time more difficult than it would otherwise be, your lawyer will advocate and fight for you and your rights.
When You’re Thinking Through Child Custody and Visitation
In any divorce, child custody and the visitation schedule has potential to be the most contentious and emotionally charged aspect of the separation. It can be very helpful to have a family law attorney on your side to give you excellent advice on what to expect, help you understand what the courts will be looking for in terms of the child’s best interests, and help you make proposals for custody arrangements or advocate for a change in existing arrangements.
Texas has several types of child custody, known as “
conservatorship” in our state. Conservatorship can be physical (“possessory” in Texas law) and refer to who actually has the child living with them, or it can be legal, which refers to who makes decisions on the child’s behalf. These two things don’t go together by default, so a parent may have no possessory conservatorship while still having full legal conservatorship. Your lawyer can help you understand these different terms and how they apply, what you should be asking for, and how to fight back against the child’s other parent if they are trying to deny you your right to be involved in your child’s life.
When You Need Child or Spousal Support
Child support can always be contentious, and your lawyer will help you to understand how Texas law calculates child support and what’s reasonable to ask for and expect. If the other parent is not paying child support as they should, your lawyer can help you explore all the options to get this taken care of and put pressure on them legally to get the support you need to take care of your children. On the other hand, if you have been assigned to pay child support and can’t afford it, your lawyer can help to dig through your finances and show why your payments may need to be lowered.
Spousal support is not a given in a Texas divorce. Whether the court assigns spousal support will depend entirely on the unique circumstances of your marriage and factors like the length of the marriage, the financial situation of the two spouses considered separately, your earning potential, and a lot more. Your lawyer will come alongside and help you work through each of these factors so that you can advocate for the amount of support you need or fight back against an unreasonable demand for support.
And whether it’s child support or spousal support, if circumstances have changed and you need to modify support orders, your lawyer can help you do this as quickly as possible.
When You’re Considering Adoption or Guardianship
Adoption is a wonderful time in a family’s life, but adoption is also one of the most complex legal procedures there is. Things will go a lot more smoothly and quickly if you work with a family law attorney. Your attorney can be with you at every step of this process to make sure that all the i’s are dotted and t’s are crossed and all paperwork is filed in the right place and at the right time. Whether your adoption is of a stepchild or other relative or you’re looking at international adoption, having a family law attorney on your side will make an enormous difference in how much time and frustration this process takes.
Guardianship is another key area where a family law attorney is very helpful. In Texas, most commonly, guardianship is assigned to elderly people who can no longer care for themselves. But whether you’re dealing with guardianship of an elderly relative, of a child, or of someone with special needs, a lawyer can help you understand the complex laws regarding types of guardianship and how to get the best situation possible for your loved one.
When You’re Facing Domestic Violence
Victims of
domestic violence often feel alone. With a lawyer, you’re not alone. If you’re facing an immediate emergency threat, you should, of course, call 911, but if there’s no immediate threat, your lawyer can do a lot to protect you. The court can issue what’s known as “protective orders” that can make all kinds of things illegal for your abuser that would otherwise be perfectly fine, such as giving you a call or showing up at your child’s school. Your lawyer can represent you in court and get these filed quickly, showing the court precisely why they are necessary to protect you and your children.
When You’re Working Through Property Division
Whether you’re dealing with divorce or probate, dividing up property can always be a contentious issue within a family. In a divorce, a lawyer can help you to identify which assets are marital assets – meaning they were acquired by either party during the course of the marriage and therefore belong to both – or are separate assets – meaning items that were owned wholly before the marriage or have been inherited by only one person. Once that has been established, a lawyer can help you claim what’s fairly yours and explain to the courts what a proper division really should look like for your situation.
In probate, a lawyer with family law experience can help the family to properly understand a will, get it through the courts, and minimize the disagreements and contention that so often arise in these situations.
If you’re facing any situation like this, contact us today at the Evans Family Law Group in Austin, TX. We also serve Bastrop, Hays, Travis, and Williamson counties.