Family law is a broad legal field that encompasses a wide range of family issues, including marriage, divorce, child custody, adoption, prenuptial agreements, the division of assets and property, and more. Family lawyers have specialized knowledge of state laws and codes, as well as the trial and appellate processes of family law cases.
Texas law has various requirements surrounding marriages, divorces, parental rights, spousal support, and other family issues.
Family lawyers can typically help represent clients in any of the following cases:
At The Law Offices of Richard C. McConathy , we do not focus on just one area of law. We work with you on any process we think you need to achieve success moving forward.
Texas family law consists of a variety of legal requirements. Some common rules include:
A family lawyer can represent your legal rights if you need support in any of these areas of law, including divorce. Often, one of these legal issues can lead to other problems that require the assistance of a family lawyer. For example, a divorce typically involves dividing property, managing assets, and determining child custody.
People in Texas may be able to get a lawyer for a family law case if they have violated a court order or if their parenting rights are at risk. However, lawyers are not guaranteed in cases involving custody disputes, parentage, or divorce.
In Texas, you are not usually entitled to a lawyer in a family law case, such as a divorce, child support, or custody case. However, there are two exceptions:
For more information, please see Texas Code of Criminal Procedure § 1.051(c) and Texas Family Code §§ 107.013(a), 157.163, 262.102(d), and 262.201(a-1).
Texas law does not entitle indigent (very low-income) people to legal representation in the following types of family law cases:
Courts can—but do not have to—appoint an attorney for indigent people in the following types of cases:
See Texas Family Code § 107.021. Indigent defendants facing jail time as a result of an enforcement action may be wondering how to ask for a lawyer.
If the court determines that jail is a possible result of the enforcement case, it must inform you of your right to be represented by an attorney. If you are indigent, the court must also inform you of your right to have an attorney appointed to you.
It takes at least 61 days to get a divorce in Texas. However, the more conflict there is between the parties, the longer it will take to reach an agreement and finalize the divorce decree.
In Texas, a child cannot choose which parent they live with until they are at least 18 years old. In some cases, the court may consider a child’s wishes if they are over 12 years old, but this is just one factor among many that the court will consider when making a decision.
Without a court order, either parent can keep or take the child whenever they want. The court cannot enforce a parenting plan that does not have a court order.
In Texas, marital property is any property acquired during the marriage. Property acquired before the marriage is considered separate property and remains with the owner during the divorce.
However, it can get a bit more complicated than that. If one spouse invested in paying bills or making home improvements on the other spouse’s separate property, they may be entitled to a share of the property as well.
Custodial parents are eligible to receive child support even if the parents were never married. Child support is the financial obligation of a parent to their child, regardless of the parents’ marital status or living arrangements.
In Texas, “conservatorship” is used instead of “custody.” There are two types of conservatorship: sole managing conservatorship and joint managing conservatorship.
Sole managing conservatorship means that one parent is the custodial parent and the other parent is the non-custodial parent. Joint managing conservatorship means that both parents share custody of the child.
Conservatorships can be agreed upon by both parties or ordered by the court.
The court always considers the child’s best interests when making final decisions about parental responsibilities. Some factors the court may consider include:
The family law courts in Tarrant County hear cases concerning family law matters, including divorce and child-related matters. There are currently eight family law courts in Tarrant County, each identified by a district number.
They include:
Judge Jesus Nevarez, Jr.
Family Law Center – 5th Floor
200 East Weatherford Street
Fort Worth, TX 76196-0240
(817) 884-3796
Judge Kenneth E. Newell
Family Law Center – 5th Floor
200 East Weatherford Street
Fort Worth, TX 76196-0227
(817) 884-1794
Judge James Munford
Family Law Center – 4th Floor
200 East Weatherford Street
Fort Worth, TX 76196-0230
(817) 884-1427
Judge James Munford
Family Law Center – 4th Floor
200 East Weatherford Street
Fort Worth, TX 76196-0230
(817) 884-1427
Judge James Munford
Family Law Center – 4th Floor
200 East Weatherford Street
Fort Worth, TX 76196-0230
(817) 884-1427
Judge Patricia Baca Bennett
Family Law Center – 4th Floor
200 East Weatherford Street
Fort Worth, TX 76196-0290
(817) 884-2708
Family Law Center – 1st Floor
200 E. Weatherford
Fort Worth, Texas 76196
Family Law Center
200 East Weatherford Street
Fort Worth, TX 76196
The Texas Rules of Civil Procedure are the general rules that apply to all cases in all Texas courts. The Texas Family Code governs family law cases.
The Texas Rules of Evidence apply to all contested hearings in which evidence is presented. Additionally, the Tarrant County Family Law Courts have adopted local rules that govern how family law cases proceed through their courts.
Each court may also have its own rules, which can be found at justex.net. The court-specific rules take precedence.
If there are no court-specific rules on an issue, the local rules apply. If there are no local rules on an issue, the Texas Rules of Civil Procedure apply. A copy of all applicable rules should be obtained at the beginning of a case.
Mediation is a confidential settlement process in which parties to a dispute meet with a neutral person, called a mediator, to try to resolve areas of conflict. The parties, their attorneys (if applicable), and the mediator discuss the goals and positions of each party.
The mediator helps the parties reach an agreement, but cannot force either party to enter into a settlement agreement. If the parties reach a settlement, the mediator drafts a binding agreement that reflects the negotiated settlement.
The Mediated Settlement Agreement (MSA) is irrevocable as long as it meets certain criteria required by the Texas Family Code. The terms of the MSA will be used to create the order (e.g., Agreed Order or Final Decree of Divorce) that will be signed by the Judge.
Is mediation required in family law matters? Generally, yes.
The court will usually order mediation prior to the final trial and prior to a temporary hearing. If the parties cannot agree on a mediator, the court will order them to attend mediation with a specific mediator and to schedule mediation.
Each court has different rules and should be contacted about its specific requirements for mediation prior to a hearing or trial. Advantages of mediation include:
Family law matters can often be exceptionally high-conflict cases involving issues that are very pertinent to the parties involved. Looking for an experienced family law attorney in Fort Worth, Arlington, Grapevine, Keller, Southlake, or other areas in Tarrant County, TX? You can count on The Law Offices of Richard C. McConathy for help with all kinds of family law issues.
Feel free to call (817) 422-5350 or contact us online to schedule a free consultation that will allow us to fully discuss your entire case with you. We are adept in all kinds of family law cases, so we can offer assistance for virtually all family court needs.
Our law firm’s expertise in family law include the following practice areas; divorce, child custody, child support, spousal maintenance, and domestic violence.
The court always takes the child’s best interest into consideration when making the final decision regarding parental responsibilities. These are a few of the factors considered: