Protective Orders in texas
A victim of sexual abuse, stalking, or domestic violence can request a protective order to put certain conditions in place to prevent the offender from committing the crime again. A protective order can prevent an abuser from hurting, threatening, or harassing the victim or their family. It prevents them from entering within a certain distance of the victim, including their work and children’s daycare/ schools. In addition, it stops the abuser from carrying a gun, even with a license.
Furthermore, a Judge can order the abuser to pay child support if necessary, separate your cell phone from their payments and order the abuser to attend anger management support classes. In order to implement a protective order, you must be able to provide evidence that violence occurred and that the violence is likely to reoccur. For stalking and sexual abuse matters, you must provide evidence that the crime took place. A Memorial Area family law lawyer can help you do this.
When considering a protective order, there are some factors to take into account.
- Family violence includes violence towards intimate partners and dating relationships.
- A relationship with the abuser is not relevant in the cases of stalking or harassing.
- As soon as possible, call the police and local authorities when an event has occurred to ensure thorough documentation is kept about each event of abuse.
- Any further documentation, such as photographs, messages, and recordings can be used as further evidence.
Child Custody Agreements And Child Support
When spouses seek a legal separation, the discussions about child custody and child support follow soon after. Custody agreements are dependent upon the circumstances within each family, and it is the court’s job to divide up the parental rights and custody agreements depending on what the court decides.
Parental rights
Under family law, parental rights are the legal right to protect a child. This includes deciding the residency for the child, consenting to medical care in all fields, and deciding the child’s educational prospects.
A Texas court can award parental rights when the child’s current parent or guardian has been proven to provide inadequate care. This family law legal matter means that parental rights can be awarded to the other parent, grandparents, aunts, uncles, and other relatives.
Types of custody
In addition to alterations to parental rights, within these family law cases, differing types of child custody can be awarded. The legal procedure that determines custody agreements can still maintain some rights to the parents with visitation rights.
- Joint Custody – in many cases, joint custody is the preferred option. A court can grant joint custody to two parents who have shown that they can work together effectively in the best interests of the child. In this case, the parents must agree together on the parental rights in regard to the child, such as the medical, educational, and welfare needs of the child.
- Sole Custody – In the event that sole custody is awarded to one parent/relative, the other parent/s may be awarded some visitation rights. If one parent is granted sole custody, it is preferable for the other parent to be awarded some visitation rights if it is within the best interests of the child. The parent with sole custody will be issued the sole parental rights and may have to consult the other parent in regard to the health, welfare, and educational needs of the child. However, this is conditional to each family law matter, and these rights can be removed if the visitation parent abuses them.
To further understand your family law legal rights, it is recommended to discuss your case with a family attorney in Houston, TX as soon as possible in order to protect your future. An initial consultation can highlight the rights you deserve in your family law issue and allow you to ask any family law questions you may have.
Child support
In many cases, the parent who does not have sole custody of the child can be ordered to pay child support to the parent who has the child for the majority of the time. In family law cases arising from child support, the court will begin by calculating the net income of that parent. This is calculated through the following documents:
- Yearly income, including bonuses.
- Interests and dividends.
- Other financial incomes, such as retirement or disability payments.
- Net rental income.
It is important to remember that visitation rights and custody support are independent of one another, and these two family law cases must be determined by the court.
How Can An Attorney Support An Adoption Process?
Adoption is an amazing way to grow and flourish your family whilst providing a child with a much-needed loving home. If you live in Texas and are seeking to adopt, our family law firm will be able to support you every step of the way.
An experienced family law lawyer will be able to handle all matters within the adoption process. They can support the filing of formal documentation and act as a legal representation in meetings with the birth parents. Our family law attorneys can represent all individuals wishing to adopt in a range of adoption procedures, including:
- Adoptions within America and Internationally.
- Stepparent adoption.
- Grandparents and other relative adoption.
- Agency or private adoptions.
- Open or closed adoption.
Adoption processes can be lengthy and complex, which is why it is imperative to have a supportive attorney that you can trust every step of the way. From initial applications to home visits, to final legal documentation, we can handle every matter to ensure you get the outcome you deserve.
In addition, family attorneys in Houston can handle the required legal forms to terminate the parent’s rights in order to complete the adoption. In the early year’s adoption, we can act as your legal representation whilst negotiating the medical and other expenses from the birth or care of the child prior to the adoption.
Name Change As A Family Law Legal Matter
Changing your name in Texas can be simple, but it is imperative to follow the correct steps in order to gain the outcome you wish. A name change is often related to a divorce or wedding, and these processes can be done without a court order if the correct documentation is provided. In other family law legal matters, a court order may be needed, such as the name change of a person under 18.
Additionally, those with a criminal record can be required to ask the court if they wish to change their name. This is particularly difficult for those convicted of a sex crime or required to sign the sex register, as it is imperative the local authorities have the correct information about the defendant at all times.
Name change for a minor
In all instances of a name change for a minor, there must be a court order put in place. A petition for the name change of a child is a separate court order unless it is part of a separate family law legal matter, such as an adoption or paternity proceeding. An order that grants a name change of a minor does not alter the custody, parental rights, or visitation rights of either parent. In addition, it is not a replacement for legal adoption.
Finally, in the circumstances of joint custody or both parents having parental rights, a notice of petition must be issued to the other parent or guardian to express interest in changing the child’s name. Any child over the age of 10 must consent in writing to the name change, and it must be found to be within the child’s best interests.
