Practice Areas

 

Family Law

 

Family law cases are highly emotional for the individuals. I work with you to understand your particular needs and concerns, and provide you with the legal advice and guidance you require. My goal is to provide answers in simple, understandable language that allows you to make informed decisions in your case.

I will work with you in your divorce or custody matter, simple or complex, contested or uncontested. I will provide the necessary guidance to ensure that your matters, such as property division and visitation, are handled legally and effectively.

 

Divorce (contested and uncontested)

Divorce is emotional and challenging enough without adding the stress of handling your own case or feeling like you are if your attorney does not return your calls. I work hard to ensure your telephone calls and e-mails are promptly answered. I take the time to understand your needs and your case, and to explain your options in simple language. I will keep you apprised of that status of your case throughout the process, and keep you included in the decision-making process.

My goal is to ensure that you are evaluating all aspects that may impact you in your divorce and have included all property and debts. Some items are often overlooked or considered not essential or not included. I will assist you in including all property and debts to ensure that the outcome is “fair and just”.

 

Custody/Visitation

My goal is to work with you to provide you an outcome that is best for you and your child. I will listen to your needs and work with you throughout the process. The bond between the parent and child should remain intact.

 

Child Support

Texas determines child support based on income. There are many factors that may effect child support and that need to be addressed so that all parties, especially the children, are treated fairly and reasonably.

 

Modification

When your situation changes or the needs of the child change, a modification may be necessary. Modification can include child support – if the paying parent is making more or less than previous. Modification can include the visitation schedule or the custody schedule. There are times when custody and/or visitation need to be modified. I will take the time to evaluate your case based upon your specific facts, and assist you in seeking the modification when necessary.

 

Property Division

Parties often have difficulty in knowing the value of property, or agreeing on the value of property. I will work with you to reach a reasonable valuation on your property, so that a “just and right” division of the assets can be made. There is often confusion over treatment of property as community or separate. There is also confusion over money or time spent on separate property, and the spouse’s rights involved.

I will assist you in understanding the property as separate or community, your “portion” of the assets, and the value of the property.

 

QDROs (Qualified Domestic Relations Orders)

Items like retirement funds, pensions, and 401K’s are often misunderstood. My office will ensure that any necessary QDRO’s are completed and filed, to ensure that your portion of such retirement money is paid directly to you.

 

Enforcement Visitation

Unfortunately there are times when you are unreasonably denied your right to visitation with your child(ren). If you are denied your Court-Ordered visitation, I will assist you in seeking remedy with the Court promptly to help ensure no further visitation time is lost. The non-complying party can be held in contempt, jailed and/or fined. You can be granted attorney fees and court costs associated with enforcement. You may also be granted additional time with your child(ren) to compensate for lost time. 

 

Enforcement Child Support

Unfortunately there are times when child support is not paid. You have the right to seek enforcement, and the Court made hold them in contempt, jailed and/or fined. You can be awarded attorney fees and court costs, and the arrearage amount confirmed. I will work with you to ensure that the matter is brought to Court promptly.

 

Paternity

I will work with you in cases where DNA testing is necessary, in cases involving the Attorney General. Establishing paternity assists in creating a full birth certificate, ensures financial support, and allows development of a relationship with both parents.

For fathers, determination of paternity allows for custody and visitation rights. I will assist you in gaining your rights so that you can ensure a healthy relationship with your child.

For mothers, determination of paternity allows for establishment of rights and duties of the father. I will assist you in this so that you can receive the proper assistance in raising your child.

 

Prenuptial/Premarital Agreements

I will assist you in determining if a prenuptial agreement is in your best interest. I will provide guidance in gathering the information necessary to draft an agreement that is fair and straight-forward, and protects your property. Prenuptial agreements are used when the parties have substantial assets, when one party has substantial assets and the other has little or no assets, or when both or one of the party’s has children from a previous marriage.

 

Termination/Adoption

If your ex-spouse wishes to terminate their parental rights, or if they no longer have contact with the child(ren) and you wish to terminate their parental rights, I will assist you in this goal for the benefit of your children. Often times one parent is remarried, and the other parent has ceased contact with the child(ren) for a significant time, the step parent may wish to adopt the child(ren). I will assist you in accomplishing this goal, and help you, your new spouse, and the child(ren) maintain some of the joy involved in the adoption process.

 

Same Sex Couples

Texas does not recognize same sex couples and currently prohibits any branch of government from benefits to partners of same sex couples. Please see Contracts/Same Sex Couples for more information.

 

Wills/Probate

I will assist you in drafting a will that will disburse your probate assets. I will also advise and assist you in drafting Medical Powers of Attorney, Statutory Durable Powers of Attorney, and Medical Directives to Physicians. These documents can be extremely useful in the event of your inability to make medical and/or financial decisions on your own. I recommend drafting all 4 of these documents when drafting your will to ensure that you are cared for in the event of serious illness, and that your assets are disbursed according to your wishes. 

It is important that you contact an attorney before your incapacity, so that you and your assets are protected and cared for when and if that occurs.

 

Personal Injury: Motor vehicle accidents; Slip and falls; Premises liability

If you are injured in a motor vehicle accident or in a slip and fall incident, I can assist you in determining whether compensation is available. I will work with you to determine what compensation is available and the best method of seeking the compensation, while you focus on taking care of yourself.

You will not be treated like just another client or passed around the office, I will personally oversee your case and answer all of your questions. 

 

Contracts

There are times when you need assistance in reviewing a document to determine if it is in your best interest to accept it. These may arise in situation of termination and gaining of employment, Homeowner’s Association rules and regulations and other document associated, lease, and a multitude of others. I have had personal and professional experience in reviewing many such contracts, and therefore, feel I bring a unique prospective to the situation. 

 

Contracts/Same Sex Couples

Since Texas law does not recognize same sex couples as they do heterosexual couples, to gain the same benefits same sex couples must contract these rights. Items such as wills, powers of attorney, guardianship agreements, etc can be used to grant the couple similar rights. These rights are granted under the contract law and not under marital law, these documents can be very complex and require the use of an attorney to ensure rights are protected. 

A living will/Medical Power of Attorney are a starting point for same sex couples. This allows the party’s to grant the other the right to make medical decisions when one cannot make them themselves. Under Texas law, this right is granted to a spouse automatically. A General Power of Attorney can be drafted to only take effect if you cannot make decisions on your own, thereby granting your significant other the right to make those decisions, as opposed to someone else that may be granted that right under the law if no Power of Attorney exists. An Authorization for Release of Medical Records can be completed so that the parties can access medical records of one another.

A Domestic Partnership Agreement can be drafted for couples that have been together and/or intend to stay together for life. This can deal with the property rights and child custody rights of the couple. This can be accompanied by a Nomination of Guardianship for children and/or adults and a Shared Parenting agreement. And, of course, a Last Will and Testament would deal with the assets in the event of a death. 

The combination of these documents grant the same sex couples rights similar to those automatically granted to heterosexual couples under Texas law. The agreements encompass what would happen if the couples separated, similar to what occurs in divorces, but done and completed before such event.

I will work with you in determining the best course for you in drafting these documents and to help ensure that you are protected in the event of a future separation.