Galvan & Bunger: Dallas Family Law Attorneys             Call: 972-335-2011

 



DIVORCE
Unfortunately, couples sometimes grow apart and are not able to reconcile their differences. When the marriage ends, it can be a confusing, tumultuous, and complicated time. Often, complex issues need to be resolved. Unfortunately, one of the parties is usually not prepared for the marriage to end. A divorce can be much more difficult when the parties cannot agree on their best interests or the best interests of their children. Divorce is one aspect of family law where almost everyone needs a family law attorney to counsel them on their rights and to find the best resolution to the various issues. Very few people ever “want” a divorce, although one spouse may say that to the other. Circumstances may make a person feel they have little choice but to obtain a divorce if they want to change their life or the lives of their children for the better. Consultation with a family law attorney can help you decide whether or not divorce is the best decision for your family.

CHILD CUSTODY, CUSTODY MODIFICATION, CHILD CUSTODY BY GRANDPARENTS OR OTHER RELATIVES
Often, when a child is born, the parents are not married to one another. In these cases, the parent not in possession of the child usually has a duty of support to the child. If the couple cannot or does not want to get married, a court order will specify which parent has what rights concerning care, custody, and control of a child. The court’s order will provide stability for the care of the children and protect the rights of the parents and children. There are only certain individuals who may bring a custody suit, and there are timelines that may affect one person’s ability to file such a suit. Every case is unique, therefore the approach to the case depends on the facts of each case. A consultation with a Dallas family law attorney on child custody issues is necessary.

CHILD SUPPORT, CHILD SUPPORT INCREASE, CHILD SUPPORT DECREASE,AND CHILD SUPPORT ENFORCEMENT / COLLECTIONS
The Texas Legislature has established guidelines for child support amounts. The Court will determine the best interests of the child to decide which parent should have primary custody of a child. This means the Court will determine with which parent the child will primarily live. Once the Court determines which parent will be the primary custodian of the child, child support will be ordered paid by the other parent. In an initial determination, often, support has not been requested or paid for many years. Therefore, it is possible that the court would order ongoing child support and a lump sum for retroactive or back child support. The ongoing child support is normally a monthly payment to the other parent for support of the child. Any retroactive or back child support will be prorated over the next year or more. However, many times circumstances change that make the initial on-going child support in a divorce decree or custody order too low, or too high, and changing the amount becomes necessary to bring the support within the guidelines established by Texas law. An attorney is needed to file a petition to modify the support order. The attorney can help obtain verification of the current income amounts and properly present the information to the court.

VISITATION ENFORCEMENT
When a relationship ends, one or both parties may be hurt emotionally by the loss. Where there are no children, the parties can walk away and have no contact with each other. However, where there is a child of the relationship, the parties are tied to one another through that child. The parties should always consider the best interest of the children when they deal with each other. Although the parties are no longer together, the children love both of their parents. For the children’s best interests, it is important for parents to deal with each other fairly and honestly. A child deserves and needs the love of both parents. Unfortunately, where the relationship ended in anger or emotional pain, too often, one parent or both continue to hurt each other. The children become pawns to be used to cause the other parent pain. The custodial parent will refuse to allow the other parent access to the children. Or, the custodial parent will limit visitation in violation of the Courts order. The attorney can help parents recognize the emotional damage this situation causes to the children. Where a parent refuses to follow the Court’s orders, the attorney can bring the matter before the Court where the judge can impose sanctions, order counseling for the parents, or modify the custody order.

JUVENILE LAW, DELINQUENCY CASES, DETERMINATIVE SENTENCING CASES, DETENTION HEARINGS, JUVENILE TRIALS
No issues in life concern you more than those involving your child. When your child is accused of having committed a crime, you will face a situation that is both more different and more difficult than any you may have previously faced as a parent. If your child is 10 years old and under 17, there is a special court system that will decide if your child has done something illegal, and then seek to adjudicate and punish/rehabilitate your child on the basis of the system's decision. This system is a hybrid of family law and criminal law where the punishment depends on the level of crime. The Court’s primary goal is rehabilitation for the child so they can grow into productive members of society.

If you become aware that the police are investigating your child as a suspect in any crime, you should seriously consider retaining a juvenile law attorney immediately. Your child does not have to talk to the police without you being present, or without a juvenile law attorney present. The law states that only a magistrate without law enforcement can question a child. However, children are easily confused, therefore, they should not answer questions about any crime without an attorney present. Both misdemeanors and felonies are very serious situations, because once your child has a history in the juvenile system he or she is more likely to be a suspect in future juvenile law offenses.

The Juvenile System In Texas
Juvenile law is a hybrid system using crimes from the criminal law statutes and procedures from family law statutes specifically to deal with youth crime. It is similar to, yet different from both criminal law and family law. This system uses the same police to arrest and procure evidence that are used in adult cases. The system also uses Assistant District Attorneys to prosecute your child just as in adult cases. The procedures and punishments involved make the system slightly less punitive than the adult criminal law system, but the similarities in the systems outweigh the differences.

Punishment
Juveniles can receive deferred adjudication sentences and probation sentences, just as adults can. If an offense is a repeat offense or a serious offense, a youth can be placed outside the home, either in a counseling program locally or away from the area for several months, or commitment to the Texas Youth Commission, the juvenile penal authority in the state of Texas. If a juvenile commits certain types of felony offenses, the youth can be made to stand trial as an adult, and even have sentencing imposed which is a composite juvenile and adult sentencing, resulting in the creation of a permanent criminal record.

All criminal charges are serious. They will affect a child's self-image, a child’s reputation with others such as his school educators, as well as the child's current and future opportunities.

WILLS AND TRUSTS
Everyone desires to protect their families when they pass on from this world. Funeral expenses and final living expenses need to be paid. Ownership of your property will need to be transferred. Some property can pass without going through probate. For property that must pass through probate, State law has an established set of rules for distribution of property. However, often these default rules do not meet your desires for distribution. Some children and/or other relatives may need more assistance than others. A properly written Will allows the you to decide and direct how you wish to distribute your property. For those persons who are too young to receive their distribution or who cannot manage their property due to physical or mental issues, a Trust can be established to manage their share of the estate. An attorney can help you evaluate your estate, discuss all of your desires and concerns, and find the best resolution for your concerns. The attorney can help you to decide how you wish to distribute your property and the best method for distributing that property.

 
 

 


Lead Maverick RSS image

design by:
Prism Web Media