Family law is the term applied to the laws and rules developed regarding family relationships. When you are faced with an important life decision regarding a key family relationship, the advice and assistance of a family law attorney often proves crucial to your understanding of the issues involved and your satisfaction with the ultimate outcome of your family law matter. Nicole Thibault, Attorney & Counselor at Law assists people in making the best legal relationships as possible for the child and all impacted members of the family. Specific areas of representation include paternity, child custody, child support, adoption and even name changes.
Child Custody and Visitation
The parent-child relationship does not end after a final divorce. Custody address' both physical custody of the child and legal custody of the child, both will be dealt with until the child, or children, reach the age of eighteen years of age. Physical custody typically involves allocating parental rights and responsibilities regarding the day-to-day care and activities of the children. Legal custody typically involves allocating the legal rights and responsibilities associated with the child's upbringing. In general, the courts favor joint ongoing child rearing responsibilities with the children residing where it is most practical and where they will flourish. Unfortunately, not all parents cooperate as they agreed to do in the final order, and life happens and circumstances change. The advice and assistance of a family law attorney can help a parent legally enforce the existing custody and visitation agreements or can make a request for the modification of the original orders, the focus remaining on the interests of the child or children.
Standard Texas Parenting Plans
Although "Joint Managing Conservatorship" in Texas means that both parents have rights to the child or children, most of the time one parent is awarded the right to determine the child's primary residence. The other parent shares in the rights and duties of raising the child, and although the parent who does not determine the child's primary residence can agree to almost any amount of possession time with the child, most of the time he or she is awarded "Standard Visitation," or "Expanded Standard Visitation."
Standard Possession Time
(Or Parenting Times)
Every Thursday night during the regular school term from 6:00 to 8:00 p.m.
First, Third, and Fifth weekends beginning on Friday night at 6:00 p.m. and ending on Sunday night at 6:00 p.m.
Alternating times during the Christmas holiday: From 6:00 p.m. on the day school is dismissed for the Christmas holiday until December 26th at noon, or from December 26th at noon until 6:00 P.M. on the day before school resumes after the Christmas holiday.
Thanksgiving holiday in alternate years from 6:00 p.m. on the day the Thanksgiving holiday begins to 6:00 p.m. on the day before school resumes after the Thanksgiving holiday.
Spring Break in alternate years from 6:00 p.m. on the day the break begins to 6:00 p.m. on the day before school resumes after the Spring Break.
30 days in the summer.
Mother's Day or Father's Day weekend each year.
The child's birthday from 6:00 p.m. to 8:00 p.m.
Extended Possession Times
(Or Parenting Times)
Every Thursday night from the time school is dismissed on Thursday until the Time school resumes on Friday morning (or 8:00 a.m. when school is not in session).
First, Third, and Fifth weekends beginning on Fridays after school is dismissed and ending on Sunday night at 6:00 p.m. (or by agreement ending Monday morning when school resumes).
Alternating times during the Christmas holiday: From the time school is dismissed on the day the Christmas holiday begins until December 26th at noon, or from December 26th at noon until 6:00 p.m. the day before school resumes after the Christmas holiday (or by agreement, at the time school resumes after the Christmas holiday).
Thanksgiving holiday in alternate years from the time school is dismissed on the day the Thanksgiving holiday begins to 6:00 p.m. on the day before school resumes after the Thanksgiving holiday (or by agreement, at the time school resumes after the Thanksgiving holiday).
Spring Break in alternate years from the time school is dismissed on the day Spring Break begins to 6:00 p.m. on the day before school resumes after Spring Break (or by agreement, at the time school resumes after Spring Break).
30 days in summer.
Mother's Day or Father's Day weekend each year.
The child's birthday from 6:00 p.m. to 8:00 p.m.
Child Support
Has your, being either the mother or the father of the child, income changed due to an increase or decrease since the original support order? Parents must financially support their children. That obligation usually lasts until the child reaches the age of majority (usually 18 or 21 years old depending on state law) or becomes self-supporting. An order for child support may be entered during or after a divorce, and either parent may be ordered to pay support depending upon how custody is arranged. In most states, an unmarried mother may also file a petition for child support in family court, and an order for support will be entered once paternity has been established.
A parent who fails to remain current on his or her child support obligations faces significant penalties. Every state has a child support enforcement office that works with the family court to suspend professional or business licenses, take away driver and recreational licenses, require payment of future owed sums in advance, or place non-paying parents in jail when child support obligations are overdue. Because of the state specific requirements involved in child support, parents can benefit from the advice and involvement of a family law attorney at our firm when child support issues arise. Nicole Thibault, Attorney & Counselor at Law will work hard to either secure the continuing financial support necessary for the well-being of your children, or seek the court to adjust the order accordingly.
Child Custody
In times past, most courts granted child custody almost exclusively to the mother. Currently, courts in most cases tend to favor joint custody arrangements for the children. If you are either the father or the mother of the child, or neither, but the child has resided with you for a minimum of six months, and you believe the best interest of the children is not being served, contact Nicole Thibault immediately to discuss your options. The sooner Nicole is involved in the process, the greater your chances are for success in obtaining child custody.
Grand-Parent Access
Are you a grand parent and having difficulties implementing visitation of your grand child? You have legal rights too. Contact Nicole Thibault, Attorney & Counselor at Law to help you enforce your visitation rights.
Adoption
Every adoption requires the action and approval of a court to become final, and each state has its own adoption policies and procedures. Most states have measures in place to assess the fitness of the adopting Parents. Adopted children generally receive all the benefits afforded to natural children, and parents owe adopted children the same legal duties of care and support owed to a natural or birth child of the marriage. Nicole Thibault can help with the adoption throughout all phases of the process.
There are a host of legal consequences in the Family Law realm. Contact Nicole Thibault, Attorney & Counselor at Law to help you from the beginning to the end of the process. She will explain the laws that apply to your particular situation and help you to make the best choices for you and your family.