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Domestic Dispute

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Children & Divorce

• Child Custody
• Paternity Testing
• Paternity Hearings
• Child Custody Mediation
• Visitation
• Mediation of Visitation
• Violence/Child Visitation
• Child Support
• Child Support Calculation
• Child Support Modification
• Child Support Enforcement
• Child Support Mediation
• Parent Rights
• Parent Rights Termination
• Emancipation
• Grandparent Rights

Family Disputes

• Marriage
• Marital Contracts
• Prenuptial Agreement
• PostNuptial Agreement
• Domestic Partnership
• Civil Union Agreements
• Alien Spouse
• Adoption
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• Open & Closed Adoptions
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Effects of the Divorce Process Can Last

All too often, the issues that led to the divorce persist long after the final decree of divorce has been signed. If there are children, they are frequently a point of contention or conflict between the parties. Hurt feelings and recriminations over real or perceived fault in the break-up can overshadow what should be the overriding concern of both parties: the best interest of the children. While many courts require parties to a divorce to attend a parenting or family stabilitization class prior to the finalization of the divorce, these may have little impact. Child support can amount to a significant percentage of the non-custodial parents’ income creating financial difficulty. Likewise, non-payment of child support imposes hardship on the single parent who may already be struggling. Swift action to enforce the child support order is the best means to adequately protect the best interests of the child. The experienced attorneys at Smith & Garg, LLC understand the importance of promptly restoring interruptions in child support payments. Usually, we can file the motion to enforce child support within twenty fours hours of being retained and seek the earliest possible hearing date.

Custody & Visitation

Child custody and visitation (called possession and access in Texas) is another major source of conflict in the post divorce arena. While possession and access are spelled out in detail in the final decree of divorce, it is inevitable that some conflicts will arise. Often if the non-custodial parent stops paying child support, the other parent will withhold the children. The other side of the coin is the custodial parent withholds the children and the other ceases paying support in retaliation. Both are contrary to the law and a warning to that effect is usually printed in capital letters in the final decree or other orders. Either party violating these provisions is subject to a finding of contempt of court which may include jail time, court costs and attorney’s fees. At Smith & Garg, LLC, we have the knowledge and experience to quickly resolve these difficult issues.

Remarriage Problems

These conflicts may further be complicated when one of the parties remarries. This is particularly true where the custodial parent remarries. The non-custodial parent may resent the new spouse’s influence and daily contact with the children. This resentment may manifest itself in various ways ranging from passive/aggressive behavior to outright physical violence. Child support paid to the custodial parent may come to be viewed by the other party as funding the new relationship rather than supporting the children. To the extent that any such events may disrupt or even endanger the children, it may be necessary to modify the existing support or possession orders to comport with the new reality. The court can order anger management programs, counseling or if necessary, supervised visitation. In extreme situations where violence has occurred or been threatened, a protective order may be appropriate.

Non-Contested Divorces

Not all post divorce life is so fraught with conflict. The courts encourage parents to work together and keep the best interests of the children as their foremost consideration. Many times the agreed final decree of divorce provides that the parties must attend mediation prior to initiating any further legal action. A large majority of disputes are resolved in this way resulting in less expense and a much lower level of conflict.

Child Support and Modification

Child support may be increased every three years by applying to the court to modify the support order, thus alleviating the financial strain on the custodial parent. In some cases, the new spouse may agree to adopt the children from the prior marriage and if the biological father agrees to the adoption, it is a fairly straightforward process. When the adoption is granted, the biological father’s child support obligation and right of possession and access are terminated. Usually, this occurs in cases where the father is absent from the children’s life, has not been paying child support or is otherwise unavailable. Most courts will not terminate a parent’s rights unless the new spouse is adopting the children; the court wants someone responsible for child support.

Regardless of the issues, Smith & Garg, LLC has the experience and expertise to provide prompt and competent legal representation.

Please call us today at 281.210.0010 or complete our contact form and let us assist you with your legal need.