Family Law
Family law includes a wide variety of legal issues ranging from divorces to adoptions. Family law also includes enforcements of spousal support, modifications of previous family law orders, paternity determinations, and even prenuptial agreements. Divorce and child custody issues can arise in cases where the parents are not married, but consider themselves "common law married", or have biological or adoptive children.
Because family law is such a broad area, we have provided the following definitions for your information and guidance into the potential areas in which Fox & Associates, PLLC may be able to assist you.
Divorce
Divorce is the legal process by which a marriage is terminated. In a divorce proceeding, the marriage is legally ended and the related issues, such as spousal and child support, child custody and visitation, and property and debt division, are resolved, either by the parties' voluntary agreement, through the assistance of a mediator, or after a trial. A divorce may be appropriate even where two people meet the requirements for being "common law married".
Collaborative Law
Collaborative law is a revolutionary and innovative approach to divorce and family law matters, from the very simple to the most complex. The collaborative approach is a process that promotes open communication between disputing parties, with the assistance of collaborative lawyers. Collaborative Law is a solution-oriented system to resolve all disputed family law matters under negotiated terms and conditions that are best for you and your family. For more information about Collaborative Law, please see http://www.austincollaborativelaw.com.
Child Custody & Support
Child support is ordered by the Court in cases in which a child lives primarily with one parent. The non-custodial parent, or the parent with whom the child does not live primarily, is responsible for contributing a certain portion of his or her income, based on state child support guidelines, to help support the child, even if the custodial parent has income of his or her own.
Conservatorship and Possession
Conservatorship and possession issues can arise when parents are divorced or separated, when the parents have never been married, or when some type of reproductive technology, complicates the issues even further. Courts will apply a "best interests of the child" standard when determining to whom conservatorship and possession time should be awarded.
Adoption Legal Services
Adoption is a legally recognized way of forming a family. Adoption options include international adoptions, domestic adoptions, agency adoptions, independent or private-placement adoptions, stepparent adoptions, blood-relative adoptions, surrogacy-related adoptions, open adoptions, and closed adoptions.
Maintenance & Spousal Support
Maintenance and spousal support are legal terms for income provided by one spouse or former spouse to the other during a separation and/or after divorce. Maintenance/spousal support is awarded to a spouse if he or she needs financial assistance and the other is able to provide it. Maintenance/spousal support is, by law, temporary unless otherwise agreed to by the parties.
Paternity
Paternity refers to a legal action that establishes that a man is the father of a child. A paternity action may be brought in order to impose a child support obligation, establish a right to inheritance, secure consent for the child's adoption, or gain or prohibit custody or visitation rights.
Prenuptial Agreements
Prenuptial agreements are contracts entered into by a couple in contemplation of marriage. They usually address property issues that may arise in the event of divorce or death. These agreements are often used as vehicles to provide for greater awards of property to children from previous marriages and/or when one spouse brings substantially greater assets to the marriage.
Mediation
Mediation is utilized in all aspects of litigation. A mediator is a neutral third party who acknowledges your emotional and practical concerns, while helping to negotiate an agreement between you and your spouse. Mediators work with both parties to resolve issues pertaining to finances, custody and property division. Mediators do not make decisions for the parties, but rather assist the parties in reaching an agreed solution. Margo Ahern Fox is a trained mediator. She has attended training with the Dispute Resolution Center of Austin, Texas and the Conflict Resolution Training Institute.
Custody Modification
Custody modification occurs when there is reason to modify the existing orders. The grounds for a change of custody are complex and should be discussed with an attorney. Some of the factors the court considers are material and substantial changes in circumstances of the parties of the child, an emergency concerning the child, if the proposed change would be positive improvement for the child, and if a change would be in the best interest of the child. In Texas law, there must be "substantial change"…
Grandparent & Siblling Access
In very specific circumstances grandparents can join an action between the parents, or even begin an independent action, for the purpose of obtaining a court order for conservatorship and/or possession of the grandchildren.
Enforcement
A suit for enforcement may be filed in the court that issued the original decree. Property enforcement allows for clarification, order for delivery of property, contempt and the resolution of other property and financial issues. Spousal maintenance enforcement applies when spousal support is not being paid or when divisions did not happen based on the decree. Possession and access enforcement may be filed when visitation is not being exercised or clarification is needed. Child support enforcement can be filed in response to failure of the obligor to pay support.