What Legal Services Do Family Law Attorneys Provide?

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A family law attorney has the experience and training needed to guide families in all legal matters that relate to them as families. They are numerous areas within family law, and if you are facing a situation in any of the following categories, contact a family law attorney in San Antonio, TX for experienced help.

What Legal Services Does a Family Law Attorney in San Antonio, TX Provide?

Divorce and Legal Separation

Assisting in divorces is one of the first things most people think of when it comes to family law. Your attorney will prepare and file all the necessary documents (and there are many of these) and make sure that each one is accurate and filed with the right entity, so there are no delays.

An attorney can also negotiate settlements with your spouse and your spouse’s attorney on issues like dividing your assets and debts, child custody, spousal support, and more. Of course, an attorney can also represent you in court if you and your spouse can’t come to an agreement or if there are issues of abuse or violence that prevents you from being able to negotiate.

Child Custody and Visitation

Child custody disputes are another core focus for family law attorneys. Your lawyer can help you create a custody plan for physical custody (where the child lives) and legal custody (decision-making authority) and help you present this plan with accompanying evidence to the court in a convincing way to show that your plan is in the best interests of your child.

Your attorney can also help you hammer out a visitation schedule with the child’s other parent, mediate discussions if there are disputes, and represent you in court as needed. If you need a modification to existing custody orders, an attorney can help here, too.

Child Support Arrangements

When a child’s parents no longer live together, child support payments often become a requirement. These payments are typically ordered when one parent has custody of the child and the other parent must contribute to cover all the expenses of raising children: like education, daily needs, and healthcare.

There are state guidelines to help determine fair amounts of child support, but these can also vary depending on the custody arrangements, the income and earning potential of both parents, and the child’s specific needs. Your attorney can help you draft an agreement and present it to the court or negotiate it with the child’s other parent. If the other parent is refusing to pay, an attorney can help you pursue enforcement actions. If you are the parent who is being asked to pay, and what you’re being asked to pay is unreasonable, your lawyer can help you adjust the support orders in light of what’s fair given your actual financial situation.

Spousal Support

Spousal support, also known as alimony, is not necessarily a given in a Texas divorce, but it is still sometimes ordered and may be very necessary. The courts are likely to award spousal support when there is a great income disparity between two divorcing people, and especially if they’ve been married for a while.

Your attorney can help you negotiate the terms for both temporary and permanent support, draft an agreement that will specify how much should be paid and for how long, and make sure this is done as clearly as possible to minimize the possibility of disputes and confusion. If you’re being asked to pay more spousal support than is fair, your attorney can help you show your true financial situation (and that of your spouse) and argue for a modification or even termination of alimony if appropriate.

Adoption and Guardianship

Another important area where a lawyer serves clients in family law is in issues of adoption and guardianship. Your lawyer can prepare and file a petition for adoption, whether you’re working through an agency, in a private arrangement, or within the foster care system. A lot of documentation and red tape is required for adoption, and a lawyer can help you with every part, from handling consent forms from biological parents to fighting to terminate parental rights, if that’s necessary. Your lawyer can also represent you as you finalize the adoption in court.

Guardianship is a bit different from adoption, and in Texas, most guardianships are actually of elderly or disabled relatives who are incapable of caring for themselves. An attorney can help you properly understand the types of guardianship, work with you to set up the right guardianship for your loved one, ensure that all the paperwork complies with state law, and draft agreements that outline all the responsibilities of the guardian. If a guardian needs to be terminated or a guardianship needs modification, your lawyer can help here, too.

Domestic Violence and Protective Orders

For those who are facing domestic violence, a family law attorney is an important ally who can represent you in court, prioritize your safety, and fight for you to receive all the legal protections that Texas has in place. An attorney can help you file for protective orders, which are sometimes called restraining orders, and to do so quickly if it’s an emergency.

Your lawyer can then help you prepare for the full hearing, where you will give details of the abuse and present evidence to secure a long-term order. Your lawyer can also advise you as to what type of protective order it would be best for you and exactly what measures you should ask the court about. If those protective orders are violated, your lawyer can help you petition the court for enforcement through legal action. Beyond this, family law lawyers also know how to direct clients towards other resources they may need during this time, like shelters or counseling services.

Prenuptial and Postnuptial Agreements

If you are considering marriage and want to set up an agreement about how to deal with assets before you get married, an attorney with experience in family law can draft a prenup agreement that will clarify things and which the courts will find acceptable. An attorney can also facilitate a discussion between you and your future spouse so that your expectations are matched and both of you know what to expect going forward.

If you’re already married and want to set down a postnuptial agreement, your lawyer can do very similar things to help here, too. With both pre-and postnups, it’s vitally important that the agreements meet all the legal standards so they can’t be challenged later or rendered void. It’s always important to draft such agreements with the help and oversight of a lawyer.

Paternity Issues

Establishing paternity is essential for determining parental rights and responsibilities, and an attorney can help you if you need to file a paternity action to confirm a father’s legal status. Whether you are a mother who needs DNA testing to compel a father to support his children, or a father who needs to establish his right to be involved in his child’s life, an attorney can help. Your attorney can then also help you with all related issues, like getting child support for a mother or fighting for custody rights for a father.

Whatever your family law matter, we can help. Reach out to the HGC Law Firm in San Antonio today to speak to an experienced lawyer.

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