Frequently Asked Questions

For informational purposes only

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Nothing on this site should be construed as legal information, legal advice or legal representation. 

Joint custody has two parts: joint legal custody and joint physical custody. A joint custody order can have one or both parts.

Joint legal custody refers to both parents sharing the major decisions affecting the child, which can include school, health care and religious training. Other considerations under these types of custody agreements can include: extracurricular activities, summer camp, age for dating or getting a job, and methods of discipline.

Joint physical custody refers to the time spent with each parent. The amount of time is flexible, and can range from a moderate period of time for one parent, such as every other weekend, to a child dividing the time equally between the two parents’ homes. In situations where the time spent with both parents will be divided equally, it helps if the parents live close to one another.

2. When can a child choose which parent to live with?

In Texas, children who are at least 12 years of age can have a say in where they will live, but a judge does not have to follow the child's wishes. It is absolutely wrong to assume or tell a child that they get to decide where he or she will live once they turn 12 years old.

3. how do you get an annulment?

According to Texas annulment laws, you can file for annulment under the following voidable annulment grounds: 1. Marriage Under the Age of 14; 2. Marriage Under the Age of 18; 3. Under Influence of Alcohol or Drugs; 4. Fraud & Duress; 5. Impotency; 6. Mental Incapacity.

4. how does a father get custody of a child?

If you are a father (or mother) contemplating divorce and hope to secure 50-50 or primary custody of your children, you should: Speak with an experienced family law attorney right away, avoid moving out of the marital residence without your kids, stay the course with your parental duties and keep a calendar.

5. who pays child support in shared custody?

Joint custody doesn't negate a child support obligation. Even if both parents share custody on an equal basis, one parent will inevitably owe some amount in child support. Unless of course both parents earn exactly the same income and spend exactly the same amount of time with the children, which is highly unlikely.

6. I already have an attorney but am dissatisfied with him or her — can I change attorneys during my case?

Yes, you are permitted to change attorneys. It is not uncommon for clients to change attorneys during family law cases. 

7. how is property divided in a divorce?

Texas is a community property state. The judge in a divorce case has the discretion to divide the community property in a manner that the judge deems “just and right.” This usually means that the Judge starts out with the presumption that the community estate will be divided equally. However, in certain cases, depending on certain factors such as fault in the break up of the marriage or disparity in earning capacity of the parties, the judge, in his or her discretion, may divide the property in a disproportionate manner.

8. do you charge for an initial consultation? and if so, how much?

Yes. I charge a flat fee of $250, payable prior to your consult either online or at our office. To pay online click the make a payment link on this website.

9. do you accept credit cards?

Yes, I accept all major credit cards such as Visa, MasterCard, and Discover. I also accept Debit cards, checks and cash.

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