Houston, Texas Family Law Attorneys in Harris County

What is Family Law in Houston, Texas?

Family law in Houston, Texas is focused on helping individuals with matters related to family relationships. It covers a wide range of issues, offering support and guidance to families during challenging times with care and compassion. Key areas of family law include dissolution, child custody, child support, adoption, paternity, and fathers’ rights.

Because these cases often involve added stress and emotions, the lawyers at Stange Law Firm are dedicated to guiding you through these difficult processes. Family law practice includes various topics, such as:

Dissolution of Marriage in Houston, Texas

Dissolution of marriage refers to the legal end of a marriage. When parties are married in Texas, they form a legal relationship. To begin the process of dissolving this relationship, one spouse must file a petition for dissolution with the court.

In Texas, the petitioner does not need to blame the other party or provide evidence of any misconduct and is only required to state that the marriage is irretrievably broken. This is known as a “no-fault dissolution.” While fault is not necessary for dissolution in Houston, it can influence factors such as alimony, property division, and child support. Factors that can be considered in a dissolution case in Houston consist of insupportability, separation, institutionalization, cruelty, adultery, felony conviction, and abandonment.

Dissolution is Civil Litigation in Houston, Texas

Dissolution cases are heard in the Harris County Civil Court in Houston. Like other forms of civil litigation, parties in a dissolution work with their legal counsel to gather evidence through depositions, interrogatories, and subpoenas. Mediation sessions can also occur, should the parties agree to do so. Other means of alternative dispute resolution, such as the collaborative process, can also be utilized. In many situations, dissolution cases may be settled before going to trial. However, other cases may be forced to go to trial if they involve factors such as contested matters or high assets.

Alimony and Spousal Support in Houston, TX

Under certain conditions, Texas law allows spouses to request alimony during a dissolution. It is important to understand that Texas differentiates “alimony” and “spousal support.” Alimony refers to monthly payments from one spouse to another that occur regularly, whereas spousal support refers to financial assistance provided to the receiving spouse temporarily while that spouse works to become financially self-supporting. Certain eligibility requirements must be met for courts to be able to award spousal support.

Pre and Postnuptial Agreements in Houston, Texas

A prenuptial agreement is a contract that individuals complete before a marriage. This document should include descriptions of any significant property and debt owned by each partner. A prenuptial agreement can range from a few pages to hundreds of pages, depending on the complexity and nature of the assets included. At Stange Law Firm in Houston, Texas, our lawyers draft each prenuptial agreement to meet your exact requirements.

Certain factors generally cannot be included in a prenuptial agreement in Texas. This includes details such as child custody, support, visitation terms, illegal activities, or unfair financial terms. Some factors can make a prenuptial agreement invalid, such as being signed involuntarily. Speaking with our Houston, Texas lawyers can help you ensure that your prenuptial agreement is comprehensively drafted. A postnuptial agreement is similar to a prenuptial agreement, with the difference being that the agreement is drafted after marriage.

Child Custody in Houston, TX

Child custody is often one of the most emotional aspects of any dissolution matter in Houston. Texas refers to child custody legally as “conservatorship.” Both parents are typically considered joint managing conservators and share the responsibility of making crucial decisions for their children’s well-being. The “primary managing conservator” refers to the parent who has custody of the child for the majority of the time. 

In a situation where one parent is awarded sole conservatorship, the other parent is named the “possessory conservator” and retains their parental rights, however, they do not have the final say in decisions regarding the children. A sole conservatorship may be awarded due to allegations of domestic violence, substance or alcohol abuse, child abuse/neglect, or abandonment.

Legal and Physical Custody in Houston, Texas

Texas generally prefers both parents to be labeled as joint managing conservators. In this joint conservatorship, both parents share the decision-making responsibility for their children on issues including education and healthcare. However, this does not mean that children spend equal time with each parent. In most situations, the children will primarily live with one parent, referred to as “the custodial parent.” The other parent is referred to as the “non-custodial parent.” 

In some joint conservatorships, a certain geographical area such as a school district or county can determine where the child lives and neither parent will have the right to make that decision.

Child Support in Houston

Texas law expects both parents to provide financial support for their children, regardless of the existence of a court order. Texas courts may order one parent to pay child support to the other, with the payments starting when the judge signs the order. In some situations, a judge may also order retroactive child support, often referred to as “back” child support. Child support in Texas is calculated using specific formulas and guidelines. Generally, support amounts are based on a percentage of the obligor’s (the non-custodial parent or possessory conservator paying support) income, after factoring in:

• Social Security taxes 
• Federal income tax (based on the tax rate for a single person claiming one personal exemption and the standard deductions) 
• State income tax 
• Union dues (if applicable) 
• Health insurance expenses for the children (if being withheld) 

Once finished determining the net income of the parent paying child support, Texas courts will apply a percentage based on the number of children involved in the case.

Abuse and Neglect Proceedings in Houston, Texas

In Texas, child abuse laws make it a crime to physically, emotionally, or sexually abuse minors. The law also requires anyone with knowledge of abuse to report it to the proper authorities. This reporting requirement applies to all individuals, including those privileged communication, and is not limited to just teachers and healthcare professionals. 

Abuse in Texas is constituted as causing or failing to prevent mental or emotional harm that affects a child’s growth or psychological well-being, physical injury leading to substantial harm or inconsistent with the given explanation, sexual abuse or exploitation, and the use of controlled substances that harm the child mentally or physically.