Family Law Attorney in Montgomery County, TX
Providing Experienced Family Law Representation to Clients Facing Divorce and Custody Issues
Family matters can be very complex. Whether you’re dealing with complex child conservatorship or visitation issues, going through a challenging divorce, seeking representation in a Child Protective Services case, creating a family trust, or establishing guardianship for an elderly parent, family law matters can be stressful. You need a knowledgeable and experienced team on your side.
When a family law attorney represents you in family law matters, you have someone who knows the law, knows your rights, can ensure that your interests are adequately represented, and will fight to ensure you receive a just outcome. If you’re dealing with legal issues relating to divorce, child custody, or other family law matters, speak to a family lawyer as soon as possible. Call Justice By Carter, PLLC, to set up a free 30-minute phone consultation.
What Are the Most Common Types of Family Law Cases?
At Justice By Carter, PLLC, we see a wide variety of family law cases, and we’re prepared to help with everything from family law disputes to postnuptial agreements. Some of the types of cases we handle include:
- Child custody
- Child support
- Order modifications
- Issues involving Child Protective Services
- Protection orders
- Mediation
- Divorce
- Separation of community and/or shared property
- Premarital agreements
- Post-marital agreements
- Name changes
- Guardianships
Dealing with the legal system when it comes to your family can be challenging, but having an experienced family law attorney who can guide you can make it less stressful and provide peace of mind. Call our firm today if you are experiencing challenges related to any of these issues or have questions about what you can expect from the process.
Does Texas Have a Presumption for Child Custody?
The main factor that the court considers when determining child custody is the best interests of the child. However, Texas does have a presumption that it is in the best interests of the child to be raised by their parents and that, in the case of divorce or separation, the parents should be joint managing conservators. In lay terms, this means that the court assumes that joint custody is the best option unless there is evidence to the contrary.
The presumption for joint custody is rebuttable, which means that if a parent can provide strong enough evidence that joint custody would not be in the child’s best interests, the court may consider a sole custody arrangement. The parents may also come to an agreement that one parent will have sole legal custody or primary physical custody.
Keep in mind that circumstances generally need to be significant to rebut a presumption of custody. One parent letting a young child stay up late during their parenting time is usually considered a minor issue that doesn’t affect custody. However, abuse of a child or a parent who is struggling with substance use would be a problem.
What Is a Suit Affecting the Parent-Child Relationship (SAPCR)?
Family law cases don’t always involve divorce or parents who were married. That’s one reason why the legal system in Texas uses the term Suit Affecting the Parent-Child Relationship, commonly abbreviated as SAPCR. A SAPCR is generally filed by an unmarried parent, a prospective adoptive parent, or a person who has been providing care for the child for at least six months, such as a grandparent. SAPCR cases can involve child custody, child support, and conservatorship matters, and they are also common for situations that require the establishment of paternity so that an unmarried father can get parental rights.
A family law attorney can help you determine if a SAPCR would benefit your situation, draft and file the petition for you, and guide you through the process, which can include multiple hearings.
What Steps Should You Take to Protect Your Rights and Interests?
Being informed of your rights and working with a family law attorney are key to protecting your rights in a family law case. It’s common for clients to have already attempted to handle a matter by themselves before getting counsel involved, but in general, the sooner you consult with an attorney, the better. A lawyer can provide counsel on what you should say and do while you’re going through this situation and help you document everything so that you have a strong case if and when you need to go before a judge.
An attorney can also explain court orders for you and ensure you’re aware of your legal rights. If mediation is an option, an attorney can represent you through this process and negotiate things like custody and child support on your behalf.
You don’t have to go through the family law system alone. At Justice By Carter, PLLC, Attorney Sherell Carter is here to help. Call our office in Conroe, TX, at 346-595-8002 to find out more about the services she offers and the next steps.