Name Change of a Child

Posted by Williamson County Attorney In Family Law related issues 0 comment

Do I need to notify the biological father of my child if I want to change my child’s name?

The simple answer is yes. The Texas Family code requires that a “parent” of the child, whose rights have not been terminated, must be served with citation. Typically, Williamson County Family Attorneys will file a petition for change of a name for a child. The other parent will be served; then, a hearing will be set to let the judge make a decision. However, if the other parent is in agreement, or at the very least not opposed to the name change, then an uncontested hearing on the matter may be accomplished without his presence.

Lawyers in Texas are required to file a petition for a name change of a child containing all of the required information set forth in the Texas Family Code.

The first requirement is that the “petition of the name change of the child” must be verified. This means that the petition requires a declaration under oath, or upon penalty of perjury, that a statement or pleading is true, located at the end of the pleading.

The petition for name change of the child must also contain the present full name of the child and the place of residence of the child. This requirement is straightforward. The state of Texas wants to make sure that we know who’s name the state is changing, and to ensure that the court hearing the matter has the jurisdiction to render a ruling on the case. If you are living in Round Rock, Texas, located in Williamson County, Texas, you cannot file a lawsuit in Killeen, Texas, located in Bell County, Texas. That court would not have authority to hear the case.

The next requirement is the reason the person is requesting a name change and whether the child is subject to the continuing jurisdiction of a court (are there any previous child custody or child support cases for the child), and whether the child is required to register under the Texas Sexual Offender program.

Who must be notified about the name change of a child?

Now to get to the issue of whether you need to tell the biological father that you are attempting to change child’s name … Under section 45.003 of the Texas Family Code the following persons are entitled (meaning you have to serve these people): 1. A parent of the child whose rights have not been terminated; 2. Any managing conservator of the child; and 3. Any Guardian of the child. These people have to be served with a citation.

The biological father of the child would be considered a parent whose rights have not been terminated. Therefore, you need to have him served.

It is important to remember that when filing a lawsuit that involves a child where there are no previous orders, undesired consequences may ensue. Anytime a lawsuit is filed you should consult with an attorney. Child Custody lawyers have experience dealing with these issues on a regular basis. If you file a lawsuit and the other party decides they want custody, conservatorship, visitation, or child support, then you may be the recipient of a counter petition requesting such matters be heard by the court.

Consult With an Attorney

If you have any questions about the name change of a child, call the Round Rock Law Office of Clifford Swayze at (512) 335-5245. We serve communities in Williamson County, including Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto, Taylor and Austin.

The following zip codes are served: 75409, 78608, 78611, 78613, 78615, 75032, 78621, 78620, 97116, 78665, 78626, 78633, 78628, 78627, 78634, 78642, 78641, 78646, 78645, 79836, 78653, 78660, 76511, 78664, 78663, 78669, 76526, 78674, 76527, 78673, 76530, 64093, 77327, 76537, 78681, 78947, 78704, 76543, 78266, 76857, 76549, 78717, 76567, 89801, 78726, 76573, 76577, 78728, 78727, 76574, 78730, 77853, 78729, 76578, 78732, 78734,l 78737, 47122, 78745, 78748, 78750, 77388, 78759, 78605.

Social Media Effects on Divorce and Child Custody Cases

Posted by Williamson County Attorney In Child Custody, Divorce 0 comment

Social media: A source of marital conflict and evidence in child custody and divorce lawsuits.

Social media may help you make new friends, communicate/connect with old friends and family, network, or communicate with people with similar interests. Social media use may also contribute to divorce, and social media posts can also provide important evidence during child custody hearings, divorce proceedings, enforcement actions and protective order hearings.

During a divorce or child custody case evidence can be compelled from multiple sources. In recent years, evidence gained from social media outlets such as Facebook have had a significant impact on legal proceedings.

Evidence gained from social media may be persuasive in showing the judge that:

An extramarital affair has occurred,
That a party has spent community property on the affair,
That a romantic partner has been brought around the children,
That a party to the divorce has been engaging in activity that may endanger the physical health or emotional development of the child.

Social media can have complex effects on a divorce proceeding or child custody case. The negative or harmful activity on social media that caused your divorce may be used as a paper trail to cause a negative or harmful effect on your divorce proceeding. The evidence gained from social media may reveal information about the parents, lifestyle or ability to care for the child that may influence the court during a hearing. When preparing for a divorce you must keep these effects in mind.

Talk to a lawyer before commencing a divorce or child custody case

What evidence will influence the final outcome of your divorce or child custody case? Sometimes the answer to this question can be complex. Social media may provide the court with more information than you want anyone to know.

What information, relevant to you your child custody or divorce, may be obtained from social media?

Social media can be used to show a parent’s state of mind. Is there a large quantity of pictures showing alcohol consumption, pro drug articles, or a large amount of partying? The lifestyle choices that a person chooses to post on a social media account can show that a person is not putting their child first. Perception of the evidence is the issue.

Social media may be used to document a person with romantic partners that may be used as proof of adultery during the marriage. The evidence may show that you were at a particular place at a particular time. Were you supposed to be with your children at a particular time? Yes. A picture gleaned from a social media account with a time-date stamp — along with longitude and latitude of your precise location — may persuade a court that you were not where you were supposed to be.

The information a person posts can be used as evidence of their actions, spending or income, to track where you have been. This evidence may be used during a heated custody battle or divorce proceeding.

Social media may be used to prove that you have violated court orders

In Williamson County, Texas, lawyers generally will obtain restraining orders to maintain the status quo, to preserve and protect property, or simply to attempt to cause people to be congenial to each other during a divorce or child custody case. Social media posts, messages, and email may be used to persuade the court that a person was violating the restraining order. Social media outlets such as Facebook store all the activity and information that has been posted or communicated on your account.

Changing your privacy settings will not keep the court from viewing this information. The opposing party during a divorce or child custody case may compel you to download your entire Facebook, or other social media account, and transfer it to their lawyer during a divorce or child custody case.

While social media can be a great resource for your relationships with friends, family and co-workers, one should consider the above information to minimize social media’s influence on your divorce, child custody case or marriage.

How to safely use social media during your divorce or child custody case

Remember the old saying that less is more. What I mean by this statement is that when communicating on social media, consider your audience before you communicate. Pretend that the post, text or email is being given directly to the judge before you press enter, post or send.

Do not use social media:

as your counselor,
to share personal information,
to communicate with romantic partners.

Remember that the people on your social media account are not your close personal friends. You cannot trust them with your personal information, opinions, and feelings. Absolutely resist the temptation to use social media as your support system during your divorce or child custody case. Complaints about your ex-romantic partner, spouse, or children should never be posted on a social media site.

Written communication, texts, emails, pictures, and social media provide some of the strongest evidence in child custody or divorce proceedings.

Seek advice from divorce or child custody lawyer

Evidence used during divorce and child custody proceedings may be complex with many different effects on your case. To fully prepare for a divorce or child custody case, seek the advice of an attorney. Round Rock Lawyers may be able to offer advice on relevant laws, practices and other issues that may ultimately impact your case.

If you have any questions about divorce or child custody call the Round Rock Law Office of Clifford Swayze at (512) 335-5245. We serve communities in Williamson County, including Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto, Taylor and Austin.

Answers to Common Protective Order Questions

Posted by Williamson County Attorney In Family Law related issues 0 comment

What is a protective order? How does a protective order work? What can it do or not do? When does a protective order work and when does it not work? Lastly, who can request a protective order?

As an Attorney that has an office located in Williamson County, Texas, I have heard my fair share of answers to the above questions from people in various roles within our community. Lawyers, judges, police officers and average citizens have misconceptions about protective orders.

A protective order is a piece of paper. In and of itself it cannot protect a victim from family violence. However, a violation of a protective order does have criminal consequences. A protective order can also be an effective instrument to de-escalate situations where there is a pattern of violence.

Below you’ll find answers to the most common protective order questions I receive in my Round Rock family law practice.

Who can obtain a protective order?

The vast majority of “family violence” cases are male on female violence. However, a considerable amount of “family violence cases are female on male, male on male, or even female on female violence.

The family code defines “family violence” as an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself; abuse by a member of a family or household toward a child of the family or household; or dating violence. If you are the victim of family violence, and the violence is likely to occur in the future, then you can obtain a protective order.

Will a protective order help me gain an advantage in my divorce or child custody fight?

If your intention is to gain an advantage in your divorce or child custody dispute then you should know that a protective order is not a substitute for a divorce or child custody order. If you or your child have been a victim of family violence you should also seek a divorce and child custody order, modify the existing child custody order, or use another legal remedy to address the specific legal issue you are dealing with at that moment. Note that a protective order does not prevent the parties from co-parenting. A protective order can later be vacated or modified (with judicial approval), if the parties reconcile.

What is the difference between a restraining order and a protective order?

For purposes of this conversation the restraining orders and protective orders we are discussing are related to family law issues, or Texas Family code issues.

A restraining order in the context of a family law case such as a divorce or child custody case typically contains standard language filed within, or together with a petition for divorce, or suit affecting a parent-child relationship (petition in a child custody case). These temporary restraining orders (TROs), typically contain against one or both parties a laundry list of prohibitions intended to preserve property, protect the parties and maintain the status quo while the lawsuit is pending.

A typical TRO or injunction would prevent a party from harassing the other party, damaging property, hiding or secreting the children or canceling health insurance. A violation of a temporary restraining order does not in and of itself have criminal consequences. There are also no automatic ramifications for a violation of a temporary restraining order. A party must return to court with a motion for enforcement, or some sort of contempt action.

A protective order does carry criminal consequences if a party violates the order. The charge may even be a felony under certain circumstances and the prohibition language in a protective order can also be altered to fit the type of protective order being sought. The length of the order may also be altered under certain circumstances. A protective order combined with a final order in a divorce or child custody case may even create more protections for victims of family violence.

Can someone obtain a protective order if they are still in a dating relationship or married to the other person?

Yes. An adult involved in a dating relationship or married may obtain a protective order.

Can someone obtain a protective order if there is no evidence?

In order to obtain a title 4 protective order, under the family code, a judge has to make a finding that family violence has occurred and is likely to occur in the future.

Does this mean that a person who has never reported abuse to law enforcement can’t file for a protective order? No. Does this mean that if there are no witnesses that a person cannot file for a protective order? No. Does this mean that if there are no photos a person can’t file for a protective order. No. There also does not need to be scars, injuries or hospital visits. A lot of people who seek protective orders have never reported anything to the police or collected evidence. The testimony of the applicant for a protective order is sufficient to obtain a protective order.

Can someone obtain a protective order when there has not been any physical violence?

As stated above, the threat that reasonably places the member of family or household in fear of imminent physical harm, bodily injury, assault, or sexual assault is enough to establish family violence.

Consult With an Attorney

If you have any questions about protective orders, call the Round Rock Law Office of Clifford Swayze at (512) 335-5245. We serve communities in Williamson County, including Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto, Taylor and Austin.

Grounds for Divorce in Texas – Insupportability

Posted by roundrockattorney In Divorce, Property Division 0 comment

In the State of Texas there are two separate types of divorce: fault grounds for a divorce and no fault grounds for a divorce. The purpose of this article is to discuss no fault grounds for divorce in Texas, meaning simply that neither party has caused the divorce.

The vast majority of Texas divorces are filed as no fault divorces. However there are situations where the conduct of one spouse may have caused the divorce such as adultery, cruelty, conviction of a felony, abandonment, living apart, or confinement in a mental hospital. Each of these cases would be considered fault grounds.

Grounds for Divorce: No Fault, Insupportability

Upon the Petition of either party to a marriage, the court may grant a divorce without regard to fault. This comes into play if the marriage has become insupportable because of discord or conflict of personalities that destroy the legitimacy of the marital relationship and prevents any reasonable expectation of reconciliation.

Evidence to Support No Fault Divorce

The Court cannot grant the divorce without hearing evidence supporting the factual issues. As such, the petitioner must present to the court adequate evidence for a no fault divorce. Additionally, the respondent must be given the opportunity to acknowledge the evidence prior to the court determining these issues factual. Failure to allow the respondent to reply would violate his or her due process rights.

Even assuming there is no defense to a petition for divorce on the ground of insupportability, the petitioner is still required to establish the facts with evidence. That being said, the prima facie case — a case accepted as correct until proven otherwise — for a no fault divorce should be satisfied by the declaration of the petitioner that he or she sincerely believes that the marriage is irreparably broken. Upon such testimony, dissolution should ordinarily be granted, unless the judge detects hesitancy on the part of the petitioner regarding the possibility of saving the marriage.

Since the Texas Legislature enacted the statute for insupportability as grounds for divorce, the trial court has no discretion to deny the divorce. The point is that Texas will not force you to continue being married forever against your will.

Property Division

When deciding whether to request a no fault divorce there are a multitude of different issues to consider. Property division is a complicated area of the law. Once such issue that may arise is the ultimate division of the marital estate. The Texas Family Code puts forth that the Court shall divide the estate of the parties in a manner the court deems to be just and right. If you are attempting to be awarded a disproportionate share of the community estate, then you need to plead and prove factors that will convince the Court of this. When filing for a n0 fault divorce, this becomes exceptionally tricky, and you will need to explore different “fairness issues” with your lawyer. After presenting your case, the court may then decide to award you a larger share of the estate; however, the court is not required to take such fairness factors into consideration.

When to Consult With an Attorney

Consult with an attorney if you are dealing with a divorce or a property division case. These cases are incredibly complicated and having an experienced divorce lawyer is important. If you have any questions, call the Round Rock Law Offices of Clifford Swayze at (512) 335-5245. We serve the following communities in Williamson County, including Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto, Taylor and Austin.

Community Property Presumption – Texas

Posted by roundrockattorney In Divorce, Family Law related issues, Property Division 0 comment

In Texas, community property consists of property, other than separate property, acquired by either spouse during marriage. What does this mean? The answer can be complicated. The spouse claiming a certain property must trace, and clearly identify the property, as separate. TRACING involves establishing the separate origin of the property by showing the time and means by which the spouse obtained it.

Clear and Convincing Evidence of Separate Property

Property possessed by either spouse during a divorce is presumed to be community property. Clear and convincing evidence is required to establish the property as separate. This is a tough burden to meet. For example, clear and convincing evidence is what’s required for the government to remove your child from your home. Typically, civil cases only require the “preponderance of the evidence standard” — meaning the degree of proof required is greater than 50%. If the testimony is disproved or unsupported by documented evidence, the “standard” hasn’t been met.

However, separate property will retain its character through a series of changes during marriage if the property’s time and manner of acquisition establishes it as separate property.

When “tracing” separate property, it’s not enough to show that separate funds were the source of the next deposit of money. This type of guesswork is not enough evidence to prove the separate origin of property required by the Texas Family Code.

Property is characterized as “separate” or “community” when the title to the property is written. The origin of a title occurs when a party can first claim the right to it when the title is established. It is a familiar principle of law that the separate or community character of property is determined not by the claiming of the final title … but by the origin of title.

The “status” of the marital partners’ property is determined by the time and circumstances of its “acquisition.” It is therefore helpful to keep in mind what is meant by “acquired.” The term signifies the origin or inception of the right, rather than its later ripening or fruition.

Does the status of the separate property change if it is co-mingled with community funds?

Generally, when separate property and community property are commingled in a single bank account, we presume the community funds are withdrawn first — before separate funds are withdrawn. When — at the time of divorce — there there are always sufficient funds in the account to cover the separate property balance, we assume the balance remains separate property.

Characterization of property is a complicated legal issue. The tracing and method of tracing the property can have a large impact on the ultimate characterization of the property. It is important to discuss this issue with an experienced divorce lawyer.

In Closing …

Consult with an experienced Round Rock divorce attorney before entering into any agreement with your spouse about the division of property, spousal support, child custody or child support. If you have any questions regarding agreements before or during a divorce, call Clifford Swayze, Round Rock Divorce Lawyer, at 512-335-5245 located at 1000 Heritage Center Circle, Round Rock, Texas 78664.

Establishment of Parent child relationship – Texas

Posted by roundrockattorney In Child Custody, Family Law related issues 0 comment

When is the mother not the mother?

The Texas Family Code in section 160.201 sets forth the requirements to establish the parent child relationship. In certain situations, the establishment of paternity is rebuttable by genetic testing. Does this rule also apply to the establishment of maternity? Does the law allow maternity to be rebutted by genetic testing?

The parent child relationship is established between the mother and child by:

1. The act of the woman giving birth to the child.
2. A court proceeding adjudicating the woman’s paternity.
3. Or the woman adopting the child.

The parent child relationship is established between the father and the child by:

1. An unrebutted presumption of the man’s paternity of the child under section 160.204 of the family code.
2. An effective acknowledgment has been rescinded or successfully challenged.
3. A court proceeding adjudicating the man’s paternity.
4. The man adopts the child.
5. The man consenting to an assisted reproduction by his wife that results in the birth of the child.

Assisted Reproduction

Section 160.204 of the Texas Code provides situations where paternity may be rebutted, but other than one exception for woman, who have used the assistance of reproductive technology, there is no provision to rebut the presumption of maternity. A woman and “the intended parents” may enter into a written agreement whereby the woman will give birth to a child conceived via assisted reproduction. In this scenario the parties would use the egg of the “intended mother or another donor,” and the woman relinquishes all parental rights.

However, the agreement must comply with certain requirements and be validated by a court to be enforceable. The Texas Family Code provides that in the event of a validated gestational agreement, the mother-child relationship exists by an adjudication confirming the woman as parent, regardless of the fact that the gestational mother gave birth. However, the parties must comply with certain requirements in order for this agreement to be enforceable. There can be no such agreement if the “intended parents” are not a married couple.

The Texas Legislature has defined a situation where a woman who gives birth to a child is not the mother. The Texas Legislature expressly laid out the criteria in order to exclude the birth mother as the mother of the child. The law does include a provision ensuring that an unmarried man who provides sperm for assisted reproduction by an unmarried woman is the father of a resulting child. Nowhere in the Texas Family Code is there a provision that permits the man to exclude a woman who gave birth as the mother even if a donor egg was used and she has no biological relationship to the child.

What does this mean? That the mother-child relationship established by a woman giving birth is not rebuttable by the results of genetic testing.

If you are dealing with a suit affecting the parent child relationship or a child custody case, you should consult with an attorney. These cases are incredibly complicated and having an experienced child custody lawyer is important. If you have any questions, call the Round Rock Law Offices of Clifford Swayze at (512) 335-5245. We serve the following communities in Williamson County including Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto, Taylor and Austin.

Motions to Transfer- Texas

Posted by roundrockattorney In Family Law related issues 0 comment

Motions to Transfer: Texas Family Code

MANDATORY TRANSFER

The Texas Family code provides that transfer from a court of continuing, exclusive jurisdiction can be mandatory or discretionary. This issue typically comes up when a party to a child custody case would like to file a modification or enforcement action.

Although, modifications and enforcements can involve a multitude of different legal issues and facts, most of the time they are filed in relation to a child custody case. Generally, the parties will not dispute that a particular court has continuing, exclusive jurisdiction. With a few exceptions, a court obtains this status by issuing a final order. For instance, if Williamson County, Texas, issued the child custody order, it will retain jurisdiction of the case for subsequent modifications and enforcement actions — unless a party requests a transfer.

The rules regarding motions to transfer are complicated. In most civil cases the rules for transferring a case within the state to a different county are controlled by the Civil Practices and Remedies Code or the Texas Rules of Civil Procedure. This is not true for Family Law Cases.

Courts have held that, in a Suit Affecting the Parent Child Relationship, the Texas Family Code’s Transfer provisions supplant the Texas Rules of Civil Procedure, and other venue statutes, which govern venue challenges in other types of civil lawsuits. Courts have also held that there is no due order of pleadings rule in the Family Code. However, the party still needs to comply with the time requirements put forth in the Family Code on a motion to transfer.

A venue challenge, regarding timeliness of the motion to transfer, occurs when the responding party to a motion to transfer files objections to the motion or a controverting affidavit. As stated above, there are no “due order of pleadings” relating to family law motions to transfer.

Requirements for Filing Motion to Transfer

The Texas Family Code puts forth two requirements regarding the filing of a motion to transfer. The first relates to the petitioner or movant. The petitioner should file their motion to transfer at the “time of filing” the new lawsuit.

What does time of filing mean? It means contemporaneously (existing or happening during the same time period) with the motion to modify or motion for enforcement.

It’s difficult to believe that the Texas Courts would be hyper technical with the requirements for a motion to transfer. I don’t want to supplant my opinion in place of the Texas Courts, but it goes without saying that the further one gets from the time of filing the original lawsuit the less likely that party is complying with the rules.

The second requirement regarding timeliness of a motion to transfer applies to the respondent. This rule is a little more objective than the requirement of the movants motion to transfer. The respondent should file the motion to transfer by the same deadline as is required in filing an answer. The respondent has the Monday following the expiration of 20 days to file a motion to transfer.

Under the Texas Family Code there are two types of transfer: Mandatory and Discretionary. A mandatory transfer would be required if a party files a “timely” motion to transfer to another Texas county where the child or children have resided for six months or longer. The court will be required to transfer the case to the county where the child has resided for the prior 6 months.

If you are considering filing a motion to modify a parent-child relationship, and the children live in another county — and have lived there for more than six months — you should consult with an attorney prior to filing the lawsuit. If you don’t file the motion to transfer at the time of filing the initial pleadings, than you may waive your objection to venue.

There are compelling reasons for transferring cases to the county where the child has resided for the 6 months prior to the filing of the lawsuit. The witnesses to the case will be located in that county. Teachers, counsels, Doctors ect. It is easy to see why it would be important to deal with a child custody case in the county where the child has been residing.

I will address discretionary transfers in a subsequent post, but for now a discretionary transfer may apply to a situation where the child no longer resides in the county with exclusive, continuing jurisdiction, but has not resided in another county for at least 6 months.

If you are dealing with a modification or enforcement action relating to a child custody case you should consult with an attorney. These cases are incredibly complicated and having an experienced child custody lawyer is important.

Motions to Transfer/Child Custody Questions?

Call the Round Rock Law Offices of Clifford Swayze at (512) 335-5245. We serve the following communities in Williamson County including Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto, Taylor and Austin.

Round Rock Child Custody Lawyer

Clifford Swayze

1000 Heritage Center Circle,

Round Rock, Texas 78664

Divorce Agreements

Posted by Williamson County Attorney In Divorce, Family Law related issues 0 comment

Parties can either agree or disagree to the terms of their divorce. Regardless of whether the parties agree to the divorce the final agreement must be accepted by the court and be incorporated into a final judgement for divorce by the court. The final order will be contract that is also an order. For instance, there are certain terms in a decree that may be enforceable under contract law that are not enforceable by contempt of court. If the parties enter into an agreement that provides for spousal maintenance over and above what is allowable under the Texas Family code then the non-breaching party has two possible remedies:

Motion to enforce spousal maintenance – This remedy would be allowable for amounts provided for in the Texas Family Code.
Breach of contract for contractual alimony. – This remedy would be for amounts over and above those set forth by the Texas Family Code.

Had the parties not agreed to the provision allowing for spousal maintenance over and above the amounts provided for in the Texas Family Code the Judge would not have included this is the order. Provisions for spousal maintenance over amounts set forth in the Texas Family Code are generally referred to as contractual alimony.

As stated above, depending on where you are in the divorce process when the breach occurs may have an effect on the remedies available to the non-breaching party. The remedies available will differ depending on the facts of the case. If one of the parties has revoked their consent to an agreement, prior to the acceptance of the agreement by the court, the agreement may not be enforceable. Conservatorship, possession, access and visitation, and child support are always subject to change. The reason that issues regarding child custody and support are always subject to change is that the ultimate ruling of the court must be in the best interest of the child. If events have changed such that a prior agreement or situation is no longer in the best interest of the child the court will deal with the change. The possibility of change in one portion of an agreement could change whether the division of the assets, debts, or spousal support is just and right upon divorce.

The court’s final order in the divorce must divide the property in a manner that is just and right. An agreement between the parties is always subject to the court disapproval if the court does find that the division of property is not just and right. Therefore, since certain portions of the agreement may change the entire agreement as a whole is subject to change prior to the acceptance of the agreement by the court. ). If court concludes the agreement is not just and right, then the trial court must either request the parties submit a revised agreement or set the case for a hearing.

Prior to entering into any agreement with your spouse as to the division of property, spousal support, child custody or child support consult with an experience Round Rock divorce attorney. If you have any questions regarding agreements prior to or during a divorce call Clifford Alan Swayze at 512-335-5245 located at 1000 Heritage Center Circle, Round Rock, Texas 78664.

Child Custody Modifications

Posted by roundrockattorney In Child Custody, Family Law related issues 0 comment

People have come into my Round Rock under many different conditions asking about changing an order that had been rendered on a divorce case or child custody case. This issue is covered under Chapter 156 of the Texas Family Code. Specifically the issue is referred to as a motion to modify the parent child relationship. As of September 1, 2016 Texas changed some of the laws under this provision regarding temporary orders.

Specifically, the Texas Legislature added a new requirement that in order to set a case for temporary orders a party must submit an affidavit to the judge and upon approval of the judge the party may than set the case for a temporary orders hearing. The reason for the change is that in order to flip custody on a modification case the party must meet a very high burden. I will cover burdens of changing the right to designate the primary residence of the child in future blog posts.

In order to file a motion to modify the parent child relationship the party must have standing and must file the case in the court with continuing exclusive jurisdiction. A motion to modify is the pleading that contains the allegations and requests being made by the party looking to modify the parent child relationship. There are many different reasons why a party may seek to change a previously rendered order. It may be as simple as the party wanted to change a few provisions relating to rights and duties or as complicated as restricting and denying another parents possession, visitation, and access to a child.

The overriding question with any family law case that involves children is what is in the best interest of the child. This is the most important consideration by any court dealing with a family case involving children. As such, a suit to modify the parent child relationship should only be filed if the modification is in the best interest of the child, there has been a material and substantial change in the circumstances of the child, children, conservator, or another party affected by the order.

Generally, a modification suit cannot be filed within 1 year of the order to be modified. There are circumstances under which a motion to be modified can be filed within 1 year, but the lawsuit must have an affidavit attached that sets forth the necessary statutory allegations to obtain such relief requested.

A modification of the parent child relationship is a complex lawsuit that should not be entered into without the direction of an experienced child custody lawyer. There are risks to filing a suit to modify the parent child relationship including:

typically increases hostility between the parties,

the changes ordered might not be what you would desire,

the other party may file a counterpetition, and expense.

There are risks that come with any lawsuit. When you are considering a modification think about the children first! Ask yourself the question What is in the best interest of my child? If the answer is making the change then consult with a qualified child custody lawyer.

If you have a child custody case currently filed against you then you should seek the advice of an experienced lawyer practicing in Williamson County. If you have any questions about child custody please call The Law Office of Clifford Alan Swayze located in Round Rock, Texas at 512-335-5245.

We serve the following communities and zip codes in Williamson County Texas:

Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto, Taylor and Austin. The following zip codes are served: 75409, 78608, 78611, 78613, 78615, 75032, 78621, 78620, 97116, 78665, 78626, 78633, 78628, 78627, 78634, 78642, 78641, 78646, 78645, 79836, 78653, 78660, 76511, 78664, 78663, 78669, 76526, 78674, 76527, 78673, 76530, 64093, 77327, 76537, 78681, 78947, 78704, 76543, 78266, 76857, 76549, 78717, 76567, 89801, 78726, 76573, 76577, 78728, 78727, 76574, 78730, 77853, 78729, 76578, 78732, 78734,l 78737, 47122, 78745, 78748, 78750, 77388, 78759, 78605.

Child Support Williamson County

Posted by roundrockattorney In Family Law related issues 0 comment

A regular question parents ask when they come into my Round Rock Office to discuss child custody or divorce is how long they will receive child support. A break up is a traumatic occurrence in people’s lives, and they are generally worried about their future.

If the amount of child support is sufficient for the parent to keep the house, then we go for the house. However, what if the child is 15 years old and 2 years from graduating from high school?

How Long Does Child Support Last?

The answer to this question is not as clear as most parties would hope. Parents generally believe their child support obligation ends when the child turns 18. Some people realize the obligation will continue if other key milestones have not been reached, but many don’t realize the obligation to pay may last past the child’s 18th birthday.

A child support obligation may continue until the child turns 18 or graduates from high school — whichever milestone is later. However, if the child has been identified as disabled, the obligation will generally continue indefinitely.

I understand that as a parent you would like to make sure your child has the financial support needed. I also understand that most parents want to know what their financial obligation will be so that they can make decisions about their future.

Can I afford a house?

Do I take the more expensive car or the one that is 10 years old, but paid off?

These are real issues.

While a parent want’s to ensure their child’s financial needs are met, they don’t want to pay more than their fair share.

Will They Pay?

If you are the parent who will have the right to receive child support for the benefit of your child then consider the likelihood that the other party will pay the full amount.

How can I enforce the child support order?

Can I enforce the child support order?

Every question that is answered creates more questions.

Are You Suing for Child Custody, Child Visitation or Child Support?

If you are dealing with a lawsuit, you need to discuss your case with an experienced child custody or child support lawyer. Please call me, Clifford Alan Swayze, at 512-335-5245.

Clifford Alan Swayze represents parties for child support matters in Williamson County including Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto, Taylor and Austin. The following zip codes are served: 75409, 78608, 78611, 78613, 78615, 75032, 78621, 78620, 97116, 78665, 78626, 78633, 78628, 78627, 78634, 78642, 78641, 78646, 78645, 79836, 78653, 78660, 76511, 78664, 78663, 78669, 76526, 78674, 76527, 78673, 76530, 64093, 77327, 76537, 78681, 78947, 78704, 76543, 78266, 76857, 76549, 78717, 76567, 89801, 78726, 76573, 76577, 78728, 78727, 76574, 78730, 77853, 78729, 76578, 78732, 78734,l 78737, 47122, 78745, 78748, 78750, 77388, 78759, 78605.

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