Dallas Divorce Lawyer Blog

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

Kaufman County Divorce Lawyer: Health Insurance in Child Custody Cases

September 22, 2013 | by Robert Guest

Health Insurance for Children in Custody Cases

In a case involving child custody, child support isn’t the only monetary obligation. The law also requires that health insurance be secured for the children. The most common way for this obligation to be fulfilled is for the non-custodial parent to provide health insurance for the child(ren) through the insurance available to them through work. The non-custodial parent can also reimburse the custodial parent monthly if insurance for the children is obtained via the custodial parent’s employment. If neither party has access to health insurance through their employment, the court may order a private health insurance policy to be obtained. It’s also possible in some instances to obtain insurance for the child(ren) through a government program.

The obligation to pay for medical support is an obligation in addition to a child support obligation. The amount you pay for medical support cannot be deducted from the amount of child support owed. And this obligation can be enforced through withholding from earnings just as child support can.

What is the law on terminating parental rights in Texas?

September 19, 2013 | by Guest and Gray Law Firm

The involuntary termination of parental rights implicates fundamental constitutional rights. Holick v. Smith, 685 S.W.2d 18, 20 (Tex. 1985). To terminate parental rights, the trier of fact must find, by clear and convincing evidence, that the parent has committed one of the acts prohibited under section 161.001(1) of the Texas Family Code and that termination of parental rights is in the child’s best

interest. TEX. FAM.CODE ANN. § 161.001(1), (2) (West Supp. 2012); In re E.N.C., 384 S.W.3d

796, 803 (Tex. 2012).

Kaufman County Divorce Lawyer: Getting Your Child Support Lowered

September 10, 2013 | by Robert Guest

If you’ve lost your job and need your child support lowered, I can help you through the process. We get many Kaufman county residents in our office with this very same problem, and we have helped many get their child support lowered. I would like to sit down with you and discuss your specific situation, so please call my office at (972) 564-4644 to set up a confidential consultation with me, Brett Talley, your Kaufman County Family Lawyer.

In order to lower child support, a petition to modify child support must be filed with the court. To oversimplify, you can file such a petition if

It has been three years since the previous order, or

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.