Lakeway, TX Family Lawyer

Lakeway, TX Family Law Attorney

Family law issues can be deeply personal and tough to navigate on your own without the right kind of legal representation standing by your side. The consequences, penalties, and fallout of a family legal issue can stay with you forever and affect multiple people for better or worse. Securing your parental rights or dealing with a messy divorce can be simpler with the help of a Lakeway family lawyer.

What a Family Lawyer Does

Legal situations involving family can be considerably more stressful than those that don’t. Handling a divorce, a custody agreement, a child relocation, an adoption, or drafting a prenuptial agreement can be challenging on your own. A family lawyer can help carry the load and provide you with peace of mind that your future is in good hands. There is a good chance you will be dealing with a great deal of stress throughout a family legal situation. Your lawyer can help keep you grounded.

Having someone by your side who understands the inherent complexities of family law and can apply that knowledge to your case can help you achieve a favorable outcome. Navigating the legal proceedings of family law without knowledgeable assistance can result in substantial legal defeats that could affect your relationship with certain members of your family.

A Lakeway family lawyer can be a great support for you during this particularly challenging time, so you will want to go with someone you can trust. Before deciding on a family lawyer for your case, it is important to know the various kinds of cases that family lawyers handle on a daily basis. That wide range of cases includes:

• Divorce: One of the main family issues that family lawyers tend to be involved with is divorce. A divorce can be an overwhelming and upsetting situation to find yourself in, particularly if you are the party who did not file. When a couple gets married, they probably do not think about the possibility of divorce, but it happens for various reasons. Regardless, Texas is a no-fault state, so if you want to file for divorce, you do not need a reason, and neither does your spouse. However, just because you can file without a valid cause does not mean the process will be easy. If your divorce is contested for whatever reason, you can prepare for a difficult process. Asset division and custody agreements can be a painful process, and personal problems can become public. An experienced family lawyer can try to help you keep things civil throughout.
• Collaborative Divorce: While it may certainly seem like a messy divorce is inevitable at times, it is important to remember that not every divorce is a battle. Sometimes, partners simply grow apart, and it is nobody’s fault. In those cases, both spouses may wish to pursue a collaborative divorce, in which both parties sit down and discuss all aspects of their dissolution of marriage. Everything from custody agreements to asset division and spousal support is discussed amicably.When both parties are in relative agreement and appear to be acting civil toward one another, a collaborative divorce can be an acceptable route to take that leaves everyone content with the divorce’s outcome. Not every divorce is going to be able to take this route, and it is important to remember that when deciding on a family lawyer. Depending on how challenging or amicable your divorce may be, you may want a litigator or a mediator.
• Custody Agreements: A child custody agreement can get very personal and difficult to navigate without upsetting multiple parties. A good family lawyer in Lakeway, TX can really be a significant help when deciding on custody, as they are an objective party that is unbiased. Depending on how civil your relationship is with your spouse, you may be able to talk things out and agree on a custody plan without the need for a court battle.When there are children involved in a legal battle, the primary goal of the Texas court system is to prioritize the well-being of the children. The desires of the parent often come secondary in the court’s eyes when it comes to the emotional security and physical safety of the children. When deciding on a custody arrangement, the court will take into consideration both parents’ financial status, willingness to provide, housing situation, and any past criminal activity.
• Prenuptial Agreements: A prenuptial agreement, or prenup, can be a divisive topic amongst couples intending to marry. On one hand, a prenup exists to protect the premarital assets of both partners in a divorce. On the other hand, it can appear distrustful or disrespectful to some partners if one of them suggests drafting a prenup. It actually can be a helpful tool to protect both spouses in the event of a divorce and help clarify other financial matters before marriage.A prenuptial agreement is simply an additional security for one partner who may have quite a lot to lose in the event of a divorce and chooses to take extra precautions. Regardless of the reason for wanting one, a prenup is only legally enforceable if it is drafted according to state law, which an experienced family lawyer can help you do.
• Fathers’ Rights: Child custody agreements may appear to favor the mother as the primary caregiver over the father. Fathers may have a harder time proving their parental rights and being awarded primary custody over a mother trying to do the exact same thing. Texas state law prohibits discrimination between parents. Both the mother and father are considered equal guardians of their child.A father has the same rights as a mother to decide on their child’s moral education, religious upbringing, discipline, and additional support as needed. Since Texas law allows equal consideration, if a father wishes to support his child and there is no legal barrier prohibiting him from doing so, he may wish to fight for his rights as a father. If you believe those rights are in danger, you may want to consult with a family lawyer.
• Relocation: In the aftermath of a painful divorce, the parent who was awarded primary or sole custody of their children may wish to move to a new location. Moving away and starting fresh can be healthy not just for you but for your children. However, it is vital that you adhere to the custody agreement, and that could prevent you from leaving.

If the other parent has a problem with you relocating the kids, they may be able to go to court and force you to stay in the area. The other parent may be able to claim you are in violation of the custody agreement. Be sure to consult with your lawyer before relocating, if only to ensure that you are legally allowed to do so.

FAQs

Q: How Long Does It Take to Finalize a Divorce in Texas?

A: In Texas, the time it will take to finalize a divorce will vary, depending on the complexity of your case. Before a divorce can be finalized, you must wait at least 60 days from the date that you filed the paperwork, regardless of whether your divorce is contested or uncontested. The more issues that must be resolved, such as child custody and asset division, the longer a divorce can take to finalize.

Q: Is Asset Division 50-50 in Texas?

A: Asset division is not necessarily 50-50 in Texas. Texas is not a formal community property state. Asset division in Texas is done according to equitable distribution, in which the assets in a marriage are divided according to a fair and reasonable decision. Asset division will be decided based on both partners’ income, their earning potential, their individual needs, their premarital assets, and the need for child custody. The goal is to divide assets as needed, not just down the middle.

Q: What Do Judges Look for in Child Custody Cases in Texas?

A: In child custody cases in Texas, judges must consider what is going to be in the interest of the child. Their decision will ultimately reflect that consideration. Judges will look into the child’s age, needs, preferences, and rate of development. They will look into the parent’s mental health, history of domestic violence or drug abuse, earning potential, and willingness to provide a stable home. If the child is old enough to ask which parent they would like to live with, that may also be a consideration.

Q: What Are Fathers’ Custody Rights in Texas?

A: Fathers’ custody rights in Texas are the same as mothers’ custody rights in Texas. Texas family statutes declare that both parents are equally responsible for their child’s welfare, meaning that a father has every right to be involved in his child’s life whether the mother tries to demand full custody or not. If there is a history of violence or abuse with either spouse, that is something that will affect custody rights. Overall, fathers have the same parental rights as mothers in Texas.

Contact Us Today

The legal team at Vaught Law Firm, P.C. is prepared to help you with any family legal issue you are dealing with. Contact us today to schedule a consultation.