Arlington Family Lawyer

The Ins and Outs of Family Legal Matters

Although there are exceptions to this rule, there are three primary kinds of family legal matters.

Administrative Issues

Administrative issues are fairly straightforward and generally involve filing paperwork with the state. This is something an Arlington family lawyer can help you with. Obtaining a name change and formalizing uncontested paternity results are examples of administrative family legal matters.

Mediation

Relatively amicable family legal matters are more complex but can often be resolved through mediation and/or attorney-led negotiation. When spouses divorce and are willing to compromise with each other, they may benefit from one of these approaches to their marital dissolution. Similarly, relatively straightforward child custody, child support, and guardianship issues fall into this category.

Judicial Intervention

Contentious family legal matters can generally only be resolved through judicial intervention. Divorces and child custody cases impacted by fundamental differences between the parties are considered contentious. Similarly, certain domestic violence issues can only be resolved in a courtroom setting, as they are neither administrative nor are they appropriate for a mediation/negotiation approach.

No matter what kind of family legal matter you are currently facing, chances are that you could benefit from seeking legal guidance from a family lawyer Arlington, Texas trusts. It is important not to rush into a decision to represent yourself in a family legal matter, as the consequences of an inexperienced approach can be life-altering in the most negative sense of the word.

Divorce

Divorce is a hard time for both the spouses and the children. Brandy Austin Law Firm, PLLC can handle every aspect of your divorce including, child custody, child visitation, and child support. Following the finalization of the divorce, these skillful lawyers can fight to make sure that the child support is being paid and the visitation agreements are being followed. These attorneys feel that a divorce is better handled through the process of mediation where the parties will meet with a neutral third party to work and come to an agreement without having to go to court and let the decision be up to a judge.

As a family law counsel in Arlington Texas can explain, when it comes time for a family court judge to determine custody and visitation rights, the child’s (or children’s) well-being takes priority. The court will always choose in favor of the child’s physical, mental, behavioral, and emotional well-being, and custody and visitation will be granted accordingly. The determining factors of visitation rights are often based on the non-custodial parent’s:

• Living location in proximity to the custodial parent (as well as the non-custodial parent’s relatives)
• History of criminal behavior (if any)
• History of substance abuse (if any)
• History of child abuse and neglect (if any)
• History of mental health disorders (if any)

It can seem entirely unfair for a mental health disorder to determine whether or not a parent will be able to visit their child on a regular basis, but that is often one of the factors that the court considers. After all, parents who suffer from certain mental illnesses pose a potential threat to their children’s mental and emotional well-being, according to various research outlined by the Institute for Family Violence Studies under FSU’s College of Social Work. Whether you suffer from a mental illness and are fighting for your visitation rights or, conversely, you believe that the child’s non-custodial parent, who is suffering from a mental illness, poses a threat to the well-being of your child, contact an Arlington Texas family law counsel today to discuss your visitation rights, a custody hearing, or any other visitation or custody issues.

Mental Illnesses are More Common Than You May Think

At some point in their lives, 10 to 25 percent of women are diagnosed with major depression, while five to 12 percent of men are diagnosed with major depression. Additionally, according to the National Alliance of Mental Illnesses, 18 percent of Americans have an anxiety disorder, 2.6 percent of the population lives with bipolar disorder, and 1.1 percent of the population lives with schizophrenia. One in 25 Americans have a serious mental illness.

An Arlington family lawyer understands that mental illnesses often have quite serious ramifications for an individual’s professional and home life. It is reported by some studies that 70 percent of parents living with a mental illness have lost custody of their children. And children who have a parent with mental illnesses are more likely to develop psychological problems, though, many mental illnesses are genetic. However, not all mental illnesses have the same impact on a person’s life. The debilitating effects of depression or bipolar II are almost always much less than that of schizophrenia. It may be that the court sees that the non-custodial parent is no risk at all to their child.

Arlington Family Infographic

Whether you are seeking a dissolution of your marriage or are looking to legally adopt your stepchildren, the process may feel overwhelming and complicated. It is imperative that you choose a family lawyer in Arlington TX who is knowledgeable, skilled, and compassionate. Our legal team can assist you in any of the following situations:  

Mediation: The role of a mediator is not to decide on a resolution but to assist both parties in reaching a mutually fair resolution. Our family lawyer in Arlington TX will guide you through the mediation process by explaining the steps, paperwork, and negotiations.  

Separation and divorce: Whether you choose to go through mediation or a Court to dissolve your marriage, our family lawyer in Arlington TX at Brandy Austin Law Firm, PLLC will be by your side through it all. When it comes to separating you and your spouse’s assets and debt, we can  negotiate with them and their lawyer to seek the outcome that you deserve.

Child custody and support: Our family lawyer in Arlington TX will fight for the health and well-being of your children, including optimal living arrangements and an appropriate child support agreement. In addition, we know how important it is to establish a financial agreement during the initial proceeding because it can be difficult to modify the amount after the decree is finalized.

Spousal support (alimony): Our family lawyer in Arlington TX is knowledgeable about state laws surrounding spousal support. We will guide you every step of the way regardless of whether you are the one who will be paying or receiving the support.  

Adoption: If you wish to adopt your stepchildren, our family lawyer in Arlington TX can guide you through the process. If you would like to adopt a child from an agency, we can help you locate a reputable organization. In addition, our team is ready to assist with the necessary paperwork which can be overwhelming and complicated for most people.

Prenuptial agreements: Often referred to as a “prenup,” this document is intended to clearly define the assets and debts of each party prior to their marriage and how things are to be handled should the marriage end in divorce. For example, most prenups include the division of assets and debt, who will reside in the home, and alimony payments.

How an Arlington Family Lawyer Can Help With Your Prenuptial Agreement

At one time, only the rich and famous considered putting together prenuptial agreements before walking down the aisle, but even then, there was often resistance because it was felt that having a prenup in place meant you had no faith the marriage would work out. However, in recent years, the role of prenuptial agreements has evolved, and many couples make sure they contact a family lawyer for their prenups before living happily ever after.

The following are some of the most common reasons why a couple should consider getting a prenuptial agreement. To find out more detail on how a prenup can work in your situation, contact a family lawyer from Brandy Austin Law Firm, PLLC today.

One or Both Spouses Have Been Previously Married

One of the most common reasons why a couple will contact a family lawyer in Arlington, Texas for a prenuptial agreement is because either one or both of them have been married before. They are aware what the divorce process can entail and how it can often negatively impact a person’s finances. Having a prenuptial agreement in place offers security in knowing exactly how your life would be impacted if a divorce should happen.

One or Both Spouses Have Children from Prior Relationships

Another common reason why a couple will get a prenup is because one or both of them have children from prior relationships or marriages. Prenups can help ensure that your children’s future inheritance would be protected in case of a divorce. For example, if one spouse is bringing much more financial security to the marriage and they have children, a prenup would protect their finances in case the marriage does not work out.

One or Both Spouses Own a Business or Property

When one or both spouses already own property and/or own their own business, it is important to protect those assets in the event the marriage breaks down. A prenup can have clauses in which the couple agrees that these assets are not part of the marital estate.

One of the Spouses Has Significant Wealth

If one of the spouses has much more money than the other, it is critical to protect those assets in the event the couple divorces. Otherwise, the other spouse could end up with half of the wealthier spouse’s assets.

One of the Spouses Has Significant Debt

Just as a spouse needs to protect themselves if they have more wealth, a spouse also needs to protect themselves if they are marrying someone with significant debt (regardless of their own financial standing). A prenuptial agreement can specify which spouse the debt belongs to and who will be legally responsible if they split up.

A postnuptial agreement might make sense if a family business was started and you want to outline exactly how much of the business each spouse is entitled to in the event of a divorce. This can also be beneficial if one party finds they are in significant debt and they wish to protect their spouse from creditors. A postnuptial agreement can define what is community property and what is separate property so that time and money is saved in the event of a death or divorce.

Family law can also be used for joyful moments in life, like adoptions. Learn about the Types of Adoptions.

An Arlington family lawyer the community trusts can assist you with this, as well. Stepparent adoptions occur when a stepparent to a child wishes to legally adopt the child and become his or her legal guardian. In order for them to be able to adopt the child, the biological parent needs to surrender all parental rights, or they can be terminated. In order to terminate a biological parent’s rights, they need to be able to prove that the termination is necessary due to the parent being unfit or neglecting the child.

Relative adoptions are when a relative like a grandparent, aunt/uncle, or older sibling adopt a child following the death of a parent or if the parent is no longer able to provide for them. A lawyer still needs to prove that the adoptive parent is fit to parent the child and the judge will always rule in the best interest of the child. In domestic adoptions, lawyers assist with finalizing adoption, helping birth parents surrender their legal rights, and drafting the legal documents necessary to modify a birth certificate to reflect the new parents and if the child was given a new name.

A Family Law Firm to Help Enforce Court Orders

In the event of your ex-spouse failing to adhere to his or her court orders, or obligations, following a divorce, it may be a good idea to talk with an Arlington family lawyer about what you should do next. In general, if your ex is ignoring their duties, you may have to ask the court to enforce them; otherwise, consequences may result. Although this might seem like something you don’t necessarily want to do, or may come with financial concerns, sometimes this is the only option. If you would like to know more about enforcing court orders, please call an Arlington family lawyer now.

Enforcing Court Orders After Getting a Divorce

As a family lawyer, we at Brandy Austin Law Firm, PLLC, understand how challenging, and emotionally tiresome, a divorce can be. Once things are finalized you may be ready to move on with your life. However, what happens when your ex-spouse fails to live up to their side of the agreement? Sadly, this is very common. In fact, between 40 and 50 percent of divorce agreements will be short lived. Whether it’s related to the custody of your children, child support, alimony, assets, or other matters, when an agreement falls through, and your ex is no longer cooperating with you, turning to an Arlington family lawyer from Brandy Austin Law Firm, PLLC, may be the right choice.

In general, the Arlington, Texas Family Court has the right to enforce court orders that had been agreed to by the parties, but are no longer in good standing. Bare in mind that the agreement should have been noted in an official legal document. If you and your ex agreed to something over dinner, for example, but it was never made official, it will almost certainly not uphold in a court of law.

Issues That May Be Enforced By the Court

• Child custody
• Child visitation
• Child support
• Spousal maintenance/ alimony
• Division of assets
• Restraining orders

To enforce an agreement, the party who neglected the order must first be found in contempt. In other words, they knew they were neglecting the order, even willfully, but did so anyway. If this is true, and they continue to neglect their responsibilities, a judge may penalize the party through fines, wage garnishment, jail time, and more. If a judge believes the party was unclear about his or her obligations, it may be possible for the court to make them more clear and understandable; afterwhich, they may have another opportunity to adhere to them.

Frequently Asked Questions About Family Law

What is the process for filing for divorce in Arlington, Virginia?

In Arlington, Virginia, the process for filing for divorce begins with one spouse filing a complaint for divorce in the Circuit Court of Arlington County. Virginia law requires at least one party to have been a bona fide resident and domiciliary of Virginia for at least six months before filing. The complaint must outline the grounds for divorce, which can be either fault-based (such as adultery, desertion, or cruelty) or no-fault (living separately for the required period). After filing, the complaint must be served on the other spouse, who has an opportunity to respond. The court process will address the division of marital property, alimony, child custody, and support issues if applicable.

How is child custody determined in Arlington Family Law?

In Arlington, child custody decisions are made based on the best interests of the child, a standard that considers several factors, including but not limited to the child’s age, physical and emotional needs, the relationship each parent has with the child, the parents’ ability to cooperate in child-rearing, and the child’s preference if of sufficient age and maturity. The court can award sole or joint custody, focusing on ensuring that the child maintains frequent and continuing contact with both parents, when it is in the child’s best interest. The aim is to provide a stable and loving environment for the child, with both parents playing an active role in their upbringing.

What are the guidelines for child support in Arlington, Virginia?

Child support in Arlington, Virginia, is determined based on the state’s child support guidelines, which take into account the income of both parents, the number of children, healthcare and childcare costs, and any special needs the child may have. The guidelines use a formula to calculate the obligation, aiming to ensure that the child receives the same proportion of parental income that they would have received if the family were still together. Both parents are responsible for the financial support of their child, and the non-custodial parent typically pays support to the custodial parent to cover the child’s living expenses.

Can alimony be modified in Arlington, Virginia?

Yes, alimony (also known as spousal support) can be modified in Arlington, Virginia, under certain circumstances. Either party can request a modification of the alimony amount if there is a significant change in the financial circumstances of either party, such as a substantial increase or decrease in income, unemployment, or a serious health condition. The court will consider these changes and decide whether to adjust the alimony payments accordingly. It’s important to note that the ability to modify alimony also depends on whether the original agreement or court order allows for modification.

What is the role of a prenuptial agreement in Arlington Family Law?

A prenuptial agreement in Arlington, Virginia, is a legal document entered into by a couple before marriage that outlines the distribution of assets, debts, and the provision of alimony in the event of a divorce or death of one of the spouses. Such agreements are particularly useful for protecting premarital assets, inheritance rights, and business interests, as well as for clarifying financial responsibilities during the marriage. Prenuptial agreements must be fair, entered into voluntarily by both parties, and based on full disclosure of assets to be enforceable under Arlington family law.

Schedule Your Consultation Today

At Brandy Austin Law, we understand the complexity and sensitivity of family law matters that our clients face in Arlington. Our dedicated team of experienced attorneys is committed to providing comprehensive and compassionate legal support tailored to the unique needs of each family. Whether navigating the intricacies of divorce proceedings, child custody and support, alimony modifications, or the drafting and enforcement of prenuptial agreements, we are here to ensure that your rights and interests are protected. With a deep commitment to professionalism and client-focused service, Brandy Austin Law stands as a pillar of support for individuals and families during their most challenging times, striving to deliver outcomes that pave the way for new beginnings and lasting resolutions.