At the law office of Darden, Fowler & Creighton, L.L.P., our attorneys understand that family law and divorce cases are some of the most difficult and emotionally-trying matters our clients may ever have to face. We strive to make the process a little easier for our clients by offering comprehensive support and guidance throughout their case, including enforcing or modifying orders after a divorce is finalized. From our office in Montgomery County, we provide assistance to clients throughout Texas in all types of family law matters, including:
- Community Property Division
- Spousal Support & Maintenance
- Child Custody & Visitation
- Child Support
- Grandparents' Rights
In many cases, it may be beneficial for the spouses to negotiate a marital settlement agreement that addresses such issues as the division of community property, spousal support, and child custody and support. If the spouses are unable to come to an agreement, our experienced trial attorneys will help protect your interests through aggressive litigation to obtain a judicial order.
Texas is a community property state, meaning that property and debt incurred during the marriage of spouses is presumed to be jointly-owned property. However, unlike some community property states, Texas does not require a 50/50 division of property. Instead, the courts may divide the property as they deem fair given the circumstances of the parties. Our firm helps clients properly classify, valuate, and divide all community property, including any real property, stocks or bonds, investments, savings accounts, and retirement benefits.
The courts may consider many different factors when determining whether an award of spousal support is justified, and if so, how much should be awarded. These factors include the needs of the spouses, their ages and earning capacities, the duration of the marriage, their standard of living, each spouse's community property award, and the length of time the dependent spouse will need support payments.
When spouses with children divorce, they must either work out a custody arrangement through negotiations and/or mediation, or the court will issue a custody order. In either case, a combination of one or both parents will obtain legal custody, which gives the parent decision-making responsibilities over the child, and physical custody and visitation, which determines how much time the child will spend with each parent.
In any custody arrangement, both parents are generally held responsible for the needs of their children, including the costs of the child's medical care, educational needs, and any costs associated with a disability. Basic support obligations, which may be paid by the noncustodial parent to the custodial parent, are determined by Texas guidelines.
Establishing paternity is the legal determination of who the father of a child is, and it is essential to obtaining child support or child custody or visitation. We can assist both fathers and mothers who wish to establish or challenge paternity.
When a spouse remarries, the newly married step-parent may seek to adopt their spouse's children. However, adoption by a stepparent can result in the termination of the parental rights of the parent who isn't a party to the marriage. Our firm can assist both parents and step-parents in all aspects of these often complex adoption proceedings.
In Texas, in order for a grandparent to seek custody or visitation, the children's parent or parents must refuse to allow the grandparent custody or visitation; this refusal must significantly impair the child's health or well-being, and the children's parents must be incarcerated, deceased, legally incompetent, or not have custody.
Montgomery County Family Law Attorneys
With a long history in the Conroe and Montgomery County communities, our firm has guided clients through all types of family law cases. To schedule an appointment with one of our experienced, knowledgeable attorneys, contact Darden, Fowler & Creighton, L.L.P. today.