Divorce - In a divorce, the Court will end the marriage between the parties and dispose of property issues (including debts). If children were born or adopted during the marriage, the Court issues orders concerning their conservatorship (custody), child support, visitation, health insurance, etc.
Each divorce is unique. Some couples are able to reach agreement on property issues and issues regarding their children without a large amount of intervention from their attorneys or the Court. Other cases require discovery which involves the production of documents and other types of information. This is especially true when one party may be less than forthcoming regarding financial matters or certain behaviors. Discovery methods are used to obtain a wide range of information such as tax returns, bank records, deeds and vehicle titles. It is in your best interest to prepare a detailed Sworn Inventory and Appraisement. This document lists all the property and debts of each party and their opinion of values and of claims, including any claims of separate property.
After sufficient information is obtained regarding the issues in the divorce proceeding, the parties should attempt to resolve their case. Most divorce cases are settled through direct negotiation between the parties’ attorneys, or through mediation. This is due to the significant financial costs to each party to prepare for Trial on the Merits. In some cases, Trial on the Merits is necessary and The Polansky Law Firm, PLLC will work tirelessly to litigate your case in court to obtain the best possible outcome for you. In Texas, the Court uses a "just and right" division with regard to division of community property. Decisions regarding children are based on the "best interests" of the children.
A “Decree of Divorce” is the written order that ends the marriage and contains the terms that have been reached by the parties or the Court; it must be signed by a Judge to become effective. Even in an uncontested divorce where the parties are in agreement and both have signed off on the divorce decree one of the parties must appear in Court and give sworn testimony.
Call the office today to consult with the attorney regarding your specific circumstances.
Family Law Attorney
Adoption is usually a two-step process. It is the creation of a parent-child relationship between the child and the adoptive parents and the termination of the parental rights of the biological parents. The adopted child is given all of the rights, privileges and duties of a child and heir by the adoptive family.
The adoption process begins with the filing of the Original Petition for Adoption. If the consent of the biological parents has been obtained prior to the submission of the petition, it is filed with the Court. The Court will investigate the prospective parents to determine if the adoption is in the "best interest" of the child. In most cases, the Court will require the appointment of an Ad Litem attorney to represent the child and a Child Custody Evaluation. The costs for the Ad Litem attorney and the Child Custody Evaluation are paid by the prospective adoptive parents. A hearing is required to allow the Court to evaluate the qualifications of the prospective parents. The hearing provides the required opportunity for the parties to present testimony and to examine witnesses. The adoption is granted if the court decides that the adoption is in the "best interest" of the child.
Child Custody Attorney & Child Support Attorney
One of the most difficult processes involved in family law is taking the step to attain custody of your children. In Texas, the courts refer to child custody as possession. One parent typically has the right to determine the primary residence of the child while the other parent typically has a Standard Possession Order as defined by the Texas Family Code, if there are no complicating issues. There are many factors involved in filing for custody and asserting your parental rights and the guidance of an experienced family law attorney is essential in many cases.
To determine the appropriate amount of child support, the parents need to provide the court with information regarding their income. The Texas Family Code has child support guidelines to help determine the correct amount of child support in most cases. If the income of the person paying child support increases or decreases significantly, a modification may be needed to bring the child support level in line with the current earnings of the obligor.
From the initial determination of child support and child custody, to post- judgment changes, a family law lawyer will be able to effectively assist you. Ms. Polansky works effectively and efficiently to get the support you need to raise your child, The Polansky Law Firm, PLLC believes in integrity and fights for the best interests of children in child custody and child support cases.
If you have questions concerning child custody or child support please contact the office at 979-266-9281.
Modification – Circumstances can change after the Court signs the final orders in a case. Modifications are used to change previous orders of the Court. The most common modifications include the amount of child support to be paid if a significant change in the income of the paying parent has occurred; a change in primary residence of the children or changes in possession and access to the children. Changes regarding the children often occur if a parent is convicted of family violence or a drug or alcohol offense. Call the office to consult the attorney to help determine if your change in circumstances would justify a modification of your prior orders.
Suit Affecting Parent-Child Relationship (SAPCR) – A SAPCR suit is necessary to determine the primary residence of the child, possession and access and child support if the parents of the child are not married. It establishes the rights and duties (obligations) of both parents regarding the child. It is necessary since disputes often arise as to where the child should live and how the expenses of the child should be paid. These issues can become complicated quickly when the parents of the child have work schedules to juggle, daycare costs and school schedules and expenses to handle. The SAPCR suit also makes sure that the child has health insurance provided by the parents if possible or has health insurance through a government sponsored program such as Medicaid or CHIPS.
Uncontested Divorce and Other Family Law Matters
Occasionally, both parties are able to reach an agreement on all issues before filing with the Court. All issues in a divorce include but is not limited to issues involving children, property, and debts. In a Modification or SAPCR suit the issues involve the children. This type of case is an uncontested case. If you have thoroughly discussed all matters with the other party and have actually reached agreement it may be possible to handle your case at a reduced cost. Call the office to set up an appointment with the attorney to discuss this option in person. Reduced cost estimates are not given over the phone.