Family Law
Child Custody
In Texas, the first priority in a child custody case is the best interest of the child. Parents may differ on what they opine is in “the best interests of the child.” Remember a child custody case is not about you. It is about your child. Ask yourself the following: who has been the primary caregiver for the child? Who is able better to provide for the emotional needs of the child? Who will have more time to be with the child? Who will be able to provide better financial support? Who has been more involved in child’s school and extracurricular activities? Who has been taking the child to a doctor?
How will a Judge approach custody issue? The lead case is Holly vs. Adams, 544 S.W.2d 367 (Tex. 1976). In determining Possession and Access, the Judge will consider the following factors: the emotional and physical danger to the child now and in the future; the parental abilities of the individuals seeking custody; the stability of the home or proposed placement; the programs available to assist these individuals to promote the best interest of the child; the plans for the child by these individuals or by the agency seeking custody; the acts or omissions of the parent which may indicate that the relationship is not a proper one; and any excuse for the acts or omissions of the parent; desires of the child; and the emotional and physical needs of the child now and in the future. Said factors are not exhaustive, but they do indicate a number of considerations which are pertinent to any child custody case. Note that the Holley test focuses on the best interest of the child, not the parent's best interest.
Custody battles are excruciating and confusing to the parents and the children. Because the best interest of the child does not require proof of any unique set of factors nor limit proof to any specific factors, we take seriously our commitment to evaluate our Client’s case, help the Client to understand the legal issues involved, and assist the family through a tough time. We serve to protect our Clients’ parental rights while paying special attention to the children’s rights and needs.
We routinely represent parents and grandparents in CPS cases. These cases are often difficult and lengthy due to all the court hearings, home visits and evaluations. Has Child Protective Services (“CPS”) invaded your home? Have you been provided with a safety plan? Has CPS already removed your children from your home?
Please contact us online or at the Law Offices of Sherin Thawer, P.C. We are here to fully answer your questions about CPS procedures.
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Possession/Access
In Texas, the best interest of the child is the Court’s primary consideration in deciding issues of possession. There is a rebuttable presumption that the standard possession order is in the best interest of the child. However, if special circumstances of either conservator or the child make the standard order unworkable or inappropriate, the Court will render an order that grants periods of possession of the child as similar as possible to those provided by the standard possession order. In deviating from the standard possession order, the Court may consider the following factors:
the age, developmental status, circumstances, needs, the circumstances of the managing conservator and of the parent named as a possessory conservator, and any other relevant factor.
Joint Managing Conservatorship:
The Texas Family Code presumes the appointment of both parents as joint managing conservators commonly referred to as joint custody is the best arrangement for the children unless there is family violence. Both parents have rights to the children’s education, health, and welfare.
Sole Managing Conservatorship:
The Court usually appoints one parent to be the possessory and managing conservator. Courts rarely award this type arrangement unless there is family violence, drug abuse or other endangering factors for the child. The other parent may have supervised visitation or no visitation at all.
Are you aware of your right under the law in regard to child’s Access and Possession? Do you need help in negotiating the terms of child visitation? Do you want to make sure that if the other parent cannot be with the child you will be given an opportunity to be with your child?
Please contact us online or at the Law Offices of Sherin Thawer, P.C., so our experienced Child Visitation attorneys may advise you.
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Grandparents’ Rights
State of Texas recognizes a fundamental constitutional right of parents to direct the upbringing of their children. The right to rear their children includes the right to determine who shall educate and socialize them. The law presumes that parents act to maintain a child's emotional growth, health and stability, and physical care.
However, under certain circumstances, and because the Court has wide discretion in determining the best interest of a child in family law matters such as Custody, Visitation, and Possession, a grandparent may petition a Court for Access to or Custody of a grandchild.
If you are concern about your grandchild’s well being or you are denied access please contact us online or at the Law Offices of Sherin Thawer, P.C., for an advice associated with your rights regarding your grandchild.
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Divorce
From the beginning of times the marital relationship was recognized as a most important union that the state had an interest in regulating. As such marriage, as creating the most important relation in life, as having more to do with the morals and civilization of a people than any other institution, has always been subject to the control of the legislature. The law prescribes the age at which parties may contract to marry, the procedure or form essential to constitute marriage, the duties and obligations it creates, its effects upon the property rights of both, present and prospective, and the acts which may constitute grounds for its dissolution.
In Texas, on the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable and there is no reasonable expectation of reconciliation. Texas Court will make orders regarding the custody of the children born or adopted to the marriage, a division of the estate of the parties in a manner that the Court deems just and right, and spousal maintenance, if applicable.
In regard to parties’ property, generally, a divorce court has wide latitude in the exercise of its discretion to divide the marital estate. For example, a disproportionate division must have a reasonable basis. Spouse’s fault in breaking up a marriage is one of the many factors that the Court will consider in making a division of the community estate. The grounds for a fault-based divorce for example, among many others, include cruelty and adultery.
Finally, Texas is one of the very few states that recognizes a common law marriage. Proof of such marriage includes either properly file a proper Declaration and Registration of Informal Marriage; or a proof to the Court that a man and woman agreed to be married, after that agreement lived together in Texas as husband and wife, and represented to third parties that they were married. Proof of a common law marriage or the denial of a common law marriage is very tricky and fact-intensive. (You need to obtain a divorce from common law marriage.)
If you are served with divorce papers you must file an Answer no later than 10:00 A.M on the first Monday after twenty days.
Please contact us online or the Law Offices of Sherin Thawer, P.C., to assist you. At the Law Offices of Sherin Thawer, P.C., we will use our legal knowledge, human understanding and experience to support you every step of the way during your divorce. Please contact our experienced Divorce attorneys for an advice associated with Divorce proceedings.
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Parentage/ Paternity
A parent-child relationship is established between a man and a child by a paternity. The man whose paternity is established may then assert his right to seek parentage of the child in the Courts of law.
How is paternity established? If an unmarried father is already paying support, is it necessary to establish paternity? The father never registered his parentage of the child with the Texas State's Registry of Paternity and now, he wants to adjudicate his parentage? What if the father does not believe it is his child?
At The Law Offices of Sherin Thawer, P.C., our experienced Family Law attorneys can assist you. Please contact us online to obtain an advice regarding your Parentage/Paternity predicament.
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Child Support
The Texas Family Code provides that the amount of child support payments set by the child support guidelines is presumed to be in the best interest of the child. However, if the evidence rebuts the presumption that application of the guidelines would be in the best interest of the child and justifies variance from the guidelines, the Court has an authority to order periodic child support payments in an amount other than that established by the guidelines. In varying from the guidelines, including, among other things, the Court will consider the age and needs of the child, the ability of the parents to contribute to the support of the child, the financial resources available for support of the child, and whether either party has managing conservatorship or actual physical custody of the child.
To determine the child support amount, in accordance with the guidelines the Court will need to know the parent’s “net resources"? If gross monthly income is $3,000, the Court will adjust that gross monthly income by a set amount to determine the net resources. If gross income is $3,000, then, by law, the "net resources" are $2,453.42 per month. The amount of child support will be based on that number. (These calculations apply strictly up to a maximum $6,000 per month in net resources.) The percentages vary, depending on the number of children. It is 20% for one child, 25% for two children, 30% for three children and up to 40% for five or more children. The amount may be reduced if the paying parent has an obligation to support other children. The child support calculations are based on the presumption that paying parent is also paying the cost of providing health insurance coverage for the children. Child Support can always be lowered or raised depending on the facts of the case.
To determine the child support amount in variance from the guidelines, the Court will ask the following question: What are the financial needs of the children?
Is it possible that neither party pays child support and that this is in the best interest of the child? Can the child support be order in a case where the parent does not have any income? What if other parent is intentionally unemployed or underemployed? Do you need to modify an existing child support obligation?
At the Law Offices of Sherin Thawer, P.C., we will make sure that you receive or pay the correct amount of child support. Please contact our Child Support attorneys to discuss the child support issues.
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Spousal Support
Prior to 1995, the award of post-divorce alimony or spousal maintenance was held to be impermissible under the statutes and public policy of Texas. However, effective September 1, 1995, the legislature authorized the award of post-divorce spousal maintenance, but only under limited circumstances.
The legislature provided that the Court may order maintenance for either spouse if: the spouse from whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence; or the duration of the marriage was 10 years or longer, the spouse seeking maintenance lacks sufficient property to provide for the spouse's minimum reasonable needs, and the spouse seeking maintenance is unable to support himself or herself or the child; or clearly lacks earning ability in the labor market adequate to provide support for the spouse's minimum reasonable needs.
If the Court determines that a spouse is eligible to receive maintenance, the Court then will determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors, including the financial resources of the spouse seeking maintenance and the education and employment skills of the spouses, among others.
Finally, parties always can agree to an alimony obligation for the payment of support to a spouse after divorce which does not contemplate the above restrictions. (In some divorce cases, there are significant tax advantages to this type of agreement.)
Are you not sure if you are entitled to a spousal support? Do you wonder the amount of support the Court may order, or when such support will end?
We will make sure that you receive a financial assistance from your spouse that you ought to have. Please contact us online or at the Law Offices of Sherin Thawer, P.C., so our aggressive and dedicated Family Law attorneys may discuss the issues associated with your spousal support issue.
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Child Support /Enforcement
 At The Law Offices of Sherin Thawer, P.C., we believe that obtaining the financial and medical support is necessary for children to grow up healthy and succeed in life.
Is there a statute of limitations to enforce a child support order? No, if any arrears are owed, the Court retains jurisdiction to take enforcement action until the arrears are paid in full.
If you are frustrated with the other parent and you are getting nowhere with him or her, please contact our aggressive and dedicated family law attorneys at the Law Offices of Sherin Thawer, P.C., to enforce child support orders and collect child support. You have nothing to lose and much to gain by making one phone call.
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Prenuptial/Postnuptial Agreements
A marriage ideally lasts “until death do us part.” But in today’s world, that sometimes does not happen. Divorces can be troublesome and costly. Disputes about dividing property can be lengthy and costly. Courts have wide discretion to make a “just and equitable” division of property between spouses. But often times it is hard to determine what division of property will be “just and equitable.”
You can solve this problem with prenuptial or postnuptial agreements. Prenuptial and postnuptial agreements can solve many of the headaches associated with divorce or separation. These agreements made either before marriage or during marriage, outline how you and your spouse will divide the property, pay child support, spousal support, attorney’s fees in the event of separation and divorce. By having these agreements, you and your spouse can save time and money in the event of a divorce or separation. Furthermore, these agreements protect you and your property in the event of divorce.
At the Law Offices of Sherin Thawer, P.C., we can assist you with every step of the process to protect you and your assets. From the early stages of drafting until execution of the documents, the attorneys will assist you and answer all your questions that you might have. Please contact our Family Law attorneys to discuss how you can protect your assets.
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Separation
There is no legal separation in State of Texas. You are considered legally married until the DECREE OF DIVORCE is approved, signed and entered by the Court of the proper jurisdiction.
Please contact the Law Offices of Sherin Thawer, P.C., our Family Law attorneys to discuss how you can protect your assets and avoid liability resulting from your spouse’s possible actions or omissions.
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Collaborative Law/ Mediation
Mediation is currently held in great favor by many practitioners and Judges in Texas as an effective way of disposing a significant number of law matters with a reduced amount of use of a judicial system.
Family collaborative law provides clients and their lawyers with a new, formal and strictly non-adversarial approach to resolving legal disputes. It encourages mature, cooperative and non-combative behavior, as the parties contract not to litigate in Courts of law.
At the Law Offices of Sherin Thawer, P.C., our trained attorneys use collaborative and mediation techniques to expedite the process and reach amicable settlements. Please contact us online or at the Law Offices of Sherin Thawer, P.C. our attorneys to discuss whether the process will be appropriate in your case.
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