Divorce

I am concerned about the person my Ex is dating; Can I modify my child custody orders to keep this person away from my child?

October 10, 2013 | by Guest and Gray Law Firm

You have been divorced for a few years and your child comes home after a visit with their dad and reports “daddy has a new girlfriend.” You start asking questions like the person’s name, what they look like, what they did, etc. You find out the new girlfriend spent the entire visitation weekend there, including overnights. You contact your ex to find out who this person is and if there is anything you should be concerned about. However, your ex refuses to tell you and instead tells you to stay out of their life and that it is none of your business.

Whether or not you can modify your final orders to keep away the new paramour will depend upon a few factors. For starters, a modification carries a burden of “material and significant change” in circumstances, the parties or child AND the modification must be in the best interest of the child. In most cases, the judge will not keep the new paramour away from your child because they are not viewed as a danger to your child. The key is going to be exactly why you are concerned with the new paramour. If your case is one in which the new paramour absolutely should not be around your child then you will want a stay away order. For instance, if the new paramour is a registered sex offender, introduced your ex to controlled substances, has an extensive criminal history some of which involves crimes against a child, or your child does not want to be around this person because they make them uncomfortable (there will need to be elaboration on this) or anything of that nature then you would want to consult with an attorney and seek a modification.

The important thing to know is that this paramour is not a party to your suit—therefore, in not being a party, they cannot be ordered to do anything and if they are it will not be enforceable. Rather, if you are going to get orders having the paramour not be present, it is important to request an injunction from your ex allowing this person to be present or near your child.

What Fathers Need to Know about Child Support

October 8, 2013 | by Guest and Gray Law Firm

You are a father who wants to be a good dad and support his child without breaking the bank and not being able to support yourself. You do need financial resources in order to do this and you will probably pay guideline support. Our firm can help you.

How Much Will I Pay in Child Support?

Some fathers fall into the trap of paying above-guideline child support. That is, they agree to pay more than they are required either in amount of child support or they pay support and in addition to that pay for extracurricular, daycare, etc. Texas Family Code 154.125 provides the chart on child support guidelines and it is as follows:

New Texas Family Laws for 2013

October 1, 2013 | by Guest and Gray Law Firm

New 2013 Texas Family Laws

At Guest and Gray our Forney and Rockwall Family team works to keep our clients informed on changes in the Family Code. Recently, the legislature passed many new laws that affects Texas families. Our family attorney can help you understand how these laws will affect your case, and we offer confidential consultation for all family law cases. Call us today so we can help you.

Miscellaneous Changes

Can my Facebook page be used against me in a divorce?

September 10, 2013 | by Guest and Gray Law Firm

Yes, But Guest & Gray, P.C. Can Help:

You’re in the midst of a contested divorce and you are keeping all of your friends, relatives, and the world update on Facebook. You post pictures, updates as to the status of your case, and post how you feel about your soon-to-be-ex. This should be your personal diary and is there for you to vent. Right? Wrong. Guest & Gray, P.C. handles numerous divorces on a daily basis. More recently, we are seeing the issue of our clients falling into the Facebook trap. Do not be discouraged; our office has the experience to assist you not only through your divorce but to ensure that you take the steps yourself so as to not hinder positive results.

If you post anything that is defamatory/derogatory/harassing, etc. against the other party or their attorney, the Court would definitely frown upon that. More importantly, that gives the other party ammunition to file a contempt motion against you. Dallas County, Rockwall County, and Kaufman County all have standing orders in every divorce action that specifically state what you and the other party are to do and not do while your case is pending. Dallas County standing orders state you are ordered to refrain from the following:

What happens if I fail a drug test in a child custody case?

September 3, 2013 | by Guest and Gray Law Firm

If there is an allegation that either you or the other parent is abusing an illegal controlled substance, then a drug test can be requested. Typically, the testing will occur with Forensic DNA & Drug Testing facility in Dallas and if requested by either party, then the court will order both parties to participate and pay for their respective drug tests. However, sometimes, the court will only order the one party accused of using an illegal substance to take the drug test and order that the requesting party pay for the drug test with the caveat that if the testing party has a positive result, then they must reimburse the requesting party the drug testing fee.

If you fail a drug test, or if the other party fails a drug test, there are consequences in a child custody case. The court could order that the failing party have little to no visitation with the child and if any visitation, then it will be supervised. Sometimes, the judges will ask if there is a family member who could do the supervision of the visits with the child. If there are not, then the extreme form of supervised visits is either Family Court Services if in Dallas County or other court-approved supervision facility. Also, if there is a history of abuse of an illegal controlled substance, then the court could order that you participate in a rehabilitation program before the failing party has any access to the child. In fact, there could be several steps that the court puts in place for the failing party to complete before they have any visitation with the child. Again, most courts will order supervised visitation with the child but it could be very limited to a number of hours per month.

Courts have also started putting injunctions in place to the effect that a party is to not consume an illegal controlled substance within a certain period of time (example 72 hours) before possession or access to the child begins. This is also something that can be requested by either party. Additionally, in final orders, it can be ordered that you submit to random drug testing at any time in the future if requested by the other party and they pay the testing fee.

Tips for a Successful Family Law Mediation

September 3, 2013 | by Guest and Gray Law Firm

Congratulations, you have made it to mediation stage in your family law case. For many, this is the step to final orders in your case. That is, if you have a successful mediation. There are a few things that you and your attorney can do to ensure this is the case for you.

(1) Many mediators send out a mediation packet to the attorneys/parties once the mediation is scheduled. This mediation packet should be taken seriously and completed to your utmost ability. It gives the mediator information about you, the other party, and the issues at hand as well as your stance on those issues. Some mediators go into more depth than others. The more that is addressed right off the bat, the better.

(2) If your case is a divorce with property issues, make sure you have at least a sworn inventory and appraisement from both sides so that you can make sure all of the property is addressed. To be more organized, you could make a spreadsheet of assets and debts, with a column for the ones you would like and the ones you would like for your spouse to have, as well as a column to check off whether or not the asset/debt is addressed in the mediation settlement agreement.

Can the court order me to pay attorney’s fees in a suit affecting the parent-child relationship?

August 30, 2013 | by Guest and Gray Law Firm

The court in your family law case has received a request to order you to pay attorney’s fees for the other party. Is the court allowed to do that? And if they are allowed, what kind of evidence is required to prove the amount? The Dallas Court of Appeals explored this issue in a recent decision and stated that reasonable attorney’s fees may be awarded. The Court also discussed the factors that it considers when calculating attorney’s fees.

When a suit affects the parent-child relationship, courts have the discretion to award attorney’s fees to a party. Suits affecting the parent-child relationship include matters like child support, possession, and conservatorship or custody. Awards of attorney’s fees can be challenged on appeal. The appeals court will analyze the award based on the “abuse of discretion” standard. This lenient standard is difficult to overcome because the appeals court can look at many factors, any or all of which can show that the trial court was not arbitrary. Most of the time, these factors will support the original award or attorney’s fees and the award will be upheld.

Factors to consider in determining the reasonableness of attorney’s fees are: (1) the time and labor required based on the novelty and difficulty of the questions involved and the skill required to perform the legal service properly; (2) the likelihood that the acceptance of the particular employment will keep the lawyer from taking other cases and employment; (3) the fee customarily charged in the local area for similar legal services; (4) the amount of money involved in the case and the results obtained; (5) the time limitations imposed by the client or by the circumstances; (6) the nature and length of the professional relationship between the client and lawyer; (7) the experience, reputation, and ability of the lawyer performing the services; and (8) whether the fee is a set fee or if it is contingent on results obtained or if before the legal services have been rendered there is uncertainty about the ability to collect.

My husband is having an affair, can I use that against him in a divorce case?

August 29, 2013 | by Guest and Gray Law Firm

This is such a hard issue that so many of my clients face. A divorce alone is emotionally and mentally draining, but when you add in an affair, it makes it such a hard case. In Texas, there are two different kinds of divorces, no-fault and fault. Fault divorces have specific statutory grounds, adultery being one of them. However, you must be able to prove the adultery in order to get the ultimate relief requested. This, sometimes, requires us to go so far as to have the person within whom your spouse is having the affair with to come and testify about the affair. This is accomplished through a subpoena to testify.

Most of the time, the purpose of pleading fault divorce is to ask for a disproportionate share of the community estate. The courts have a wide discretion in separating and awarding community property between the parties because they are only bound by the Texas Family Code to do a “just and right division.” Most of the time, the parties get a pretty even split of the property. However, in cases of fault, the court could examine that and as a way to compensate the other party, give them a little more assets than they would have before. It can also be used to the non-cheating party’s advantage in cases where they meet the requirements to request spousal maintenance.

Therefore, the answer is yes but ensure that it is going to be worth it–do you have a lot of property/assets or debts that you want to ensure that you (a) either get more of; or if it’s a debt issue (b) you get less or none. Our family law attorneys at Guest & Gray, P.C. would be happy to work with you to determine what the best avenue is for you to take.

I have been served with divorce papers, what should I do next?

August 29, 2013 | by Guest and Gray Law Firm

The reality is that most people get served with divorce papers and stick their heads in the sand because they are in denial. You cannot let this happen to you. If you fail to file a response, hire an attorney, or show up to the hearing, then you are facing a default judgment against you which results in your spouse getting everything that they want and a final decree being entered that could completely rock your world (sometimes more so than the divorce itself).

You need to set up a consult with a family law attorney and eventually hire an attorney who can represent you in this matter. So many clients come to me after they have been a part of a pro se divorce (they were not represented by legal counsel) and they want me to fix what they have screwed up. Once you hire me, we will either file a counterpetition (if there are certain specific things you want to ask for as a part of the divorce such as a disproportionate share of the community estate, have your separate property confirmed, temporary spousal support, etc.) or file a general denial. More than likely, if you have been served, you were not only served with the original petition for divorce but you were also served with a notice of hearing that you need to prepare for. You will need to make sure you have any of your necessary witness’ information for your attorney and any evidence that you want admitted to refute either your spouse’s claims or support yours.

As a family law attorney, I know how shocking and overwhelming it can be when served with divorce papers. Contact Guest & Gray, P.C. to help you make the best decision in this legal battle. Our family law team is ready to help.

Post-Divorce: Enforcement of Property Division

March 26, 2012 | by Guest and Gray Law Firm

You are divorced and in the final decree, your ex-spouse was ordered to take care of a particular piece of property. It could be that they were ordered to take a piece of property and pay for it, pay a debt, ordered to hand over a piece of property to you upon divorce, etc. However, your ex-spouse has failed to comply with these orders and you are fed up with asking them to do so time and time again without any result. So, you contact your attorney at Guest & Gray, P.C. in Kaufman County who informs you that a motion for enforcement can be filed on your behalf. In a nutshell, and quite simply, this is asking the Court to force the other party to do what they were originally ordered to do, because they never did it.

When dealing with an enforcement issue, the primary concern would be looking at the final orders and what particular provision you are seeking to enforce. This is crucial because the order language must be specific in order to be enforceable. If not, then you (within the final orders) are given the option of requesting a clarification from the Court via a motion to clarify. Basically, you would be telling the Court, I know you ordered my ex-spouse to do something, but we are unsure as to what the specifics were in that order or what the Court had in mind with that order. This request for a clarification can be joined with your motion for enforcement.

Also, the language within the final orders is important because when preparing your motion for enforcement, you have to identify the violated provision. That is, Texas Family Code Section 157.002(a)(1) states that the motion to enforce must “identify the provision of the order allegedly violated and sought to be enforced.” Therefore, a motion for enforcement serves as a tool to point out to the judge his/her orders in the final decree, the allegations that the party ordered to act has failed to do so, and then requests a remedy on your behalf due to the responsible party’s failure to comply.