Family Law | Winborne LaFleur PC

Texas Family Law Firm

Family law can be complex and the procedures can vary significantly from other areas of law. Therefore, a Family law matter can require an attorney more often than not. We handle the following types of Family law matters, as well as other Family law matters that are not listed below.

Divorce
Child Custody
Child Support
Enforcement actions
Modifications
Grandparent rights
CPS matters
Adoptions
Termination of Parental Rights

Divorce

Nobody gets married planning on later getting divorced. However, divorce is something that happens all to often, and in the event that it happens to you, you want the proper legal representation to help you navigate through your divorce.

The division of your property and assets while also having to deal with child custody issues, will most likely be one of the most difficult times of your life. Therefore, you need someone who can help you get through the divorce with as little pain as possible, let the attorneys at Winborne LaFleur PC help you through this difficult time.

Child Custody

It does not matter if you are going through a Divorce with children or if it is a child custody suit outside of a marriage arrangement, here at Winborne LaFleur PC, we can help you get the best possible outcome for your child custody matter.

The determination of who gets to have primary custody can be based on a number of factors in Texas, called the "Holley Factors"

These factors include:

desires of the child(ren)
the emotional and physical needs of the child(ren) now and in the future
the emotional and physical danger(s) to the child(ren) now and in the future if they were to live with one parent
the parental abilities of the parents
the best interest of the child(ren)

There are also a number other factors that a Court can consider in making a Child Custody determination.

Child Support

Here at Winborne LaFleur PC, our attorneys can help you with your child support matter.

We can help with:

Determining the amount of child support due and owed
Child Support Modifications
Making modifications if there has been a, "material change or changes in circumstances regarding the children that would cause the child support amount to change
Getting child support amounts changed based on inaccurate information used to calculate the support
Pursuing a non-paying party for child support and cash medical support of the child(ren)

Texas law has set specific guidelines to determine the amount of child support that is owed by the noncustodial parent. These guideline amounts can be changed by the Court based on a number of other factors.

The basic guideline estimates are as follows:

One child

- 20% of the noncustodial parents net income after taxes have been accounted for

Two children

- 25% of the noncustodial parents net income after taxes have been accounted for

Three children

- 30% of the noncustodial parents net income after taxes have been accounted for

Enforcement Actions

In Family law if one party fails to follow the orders of the Court they can be sued for enforcement or to be held in Contempt of Court. There are two main areas this can happen in Property Division during a divorce and in child custody and support. Temporary Orders and Final Orders can be enforced using a separate enforcement action, also if the Court has a standing order, those can also be enforced by the

When it comes a property division matter. If you were awarded specific property in a divorce and your now ex-spouse refused to turn it over, then you can come back to Court to have an additional order placed on them to comply with the property division from the Divorce. The ex-spouse can be held in contempt of court as well, however, you cannot ask for jail time in your enforcement suit, but attorney's fees and other costs that you may have incurred due to their non-compliance with the prior order could be rewarded by the Court.

As for child support enforcement actions, there are more remedies that can be sought on someone who is behind in child support. These can include jail time, suspension of license(s) including drivers, hunting, fishing, and professional, and someone being placed on community supervision for a number of years by the Court. Also, an added remedy to those already listed for child support enforcement for an enforcement of visitation is make-up visits to make up for the time that was missed due to the bad actions of the other party.

Modifications

Child custody and child support orders can be modified if the there has been a substantial change in circumstances of the parties. This change can be found to be a number of things that are fairly common occurrences in most people's lives. Such as a party moving to a different city, the child's preference of who to live with, and a number of other things.

There is also a limitation on how soon you can modify an order for custody, unless there is a present danger to the child. If there is not a danger to the child then the modifications are limited to once every year from the date of the prior order.

Grandparent Rights

It is possible depending on the circumstances of your matter, that grandparents maybe entitled to visitation and possibly custody of the child(ren). Here at Winborne LaFleur PC, we will gladly help navigate you through the difficult area of grandparent rights.

CPS Matters

When a CPS investigation begins it is important to have an advocate on your side to help you navigate the issues that can occur and what your rights are during an investigation.

If you have received contact from CPS or there is an active investigation involving you or your child(ren) contact us today at (972) 330-2171.