Megan B. Rachel, Attorney At Law

Family Law, Divorce, and Child Custody Law Firm

214-396-2048

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What to Look for in a Child Custody Attorney in Plano

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Divorce is already a hard enough situation on you, it shouldn’t have to be hard on your child. Getting the right attorney to handle this delicate situation is of the utmost importance.

What Custody Options Are There?

Physical/legal custody: Physical custody means the child lives with one parent and they have the say in their daily activities. Legal custody means having the say in long-term decisions for the child such as medical care and education.

Joint/sole custody: A parent with sole custody has the decision over both the legal and physical custody of the child. Joint custody is the sharing of the legal and physical custody between parents. This has three different types of sub-custody, which we can discuss in person.

Joint-managing conservatorship: In Texas, this is similar to joint custody. Both parents may have separate duties or decisions that the other might not. The judge will be the one to decide which parent gets which decisions to best serve the child’s welfare.

Enforcement/modification of decrees: Enforcement refers to the enforcement of things such as when one party has not been paying their child support. Modification of decrees means changing the decision of a previous ruling to better fit the child’s needs in the present.

What Custody Do I Want?

It is up to you, but we can advise you what would be best given your unique situation. Keeping this process civil and in the best interest of the child should always be the top priority. Also important is whether you and your former spouse can still work together.

We understand how difficult and painful divorce can be but it must be remembered that a child is involved. Your child needs to know that his/her parents love them and that they are in no way the cause of the split between you and your spouse.

When Should I Get Started?

Getting started immediately is in your best interest. If you’re looking for a child custody attorney in Plano, then The Rachel Firm is here for you. Don’t hesitate, give The Rachel Firm a call and schedule a consultation today. We understand the difficulties of divorce and will always have your child’s interest at heart.

Finding A Child Custody Attorney

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Divorces can be very difficult for the whole family. Not only is it emotionally and financially taxing for the adults, but it is also tough on their children, who don’t want to see their parents split up. If you’re going through a divorce and are considering seeking custody of your children, you may need to consult with a Frisco child custody attorney to get some legal advice.

Firstly, before you see an attorney, take some time to think about exactly what it is that you want. For parents that are splitting, there are many ways to organize custody of the children, such as shared custody or full custody for one parent. In some cases the arrangement will depend on the circumstances of the divorce. For instance, if you are divorcing your spouse because of drugs or abuse issues, you may feel that taking sole custody is the best arrangement. However, you also need to think about what your children may want, since it affects them too. Just because you are divorcing their parent, doesn’t mean they want to as well.

Your Frisco child custody attorney should help you navigate the custody procedures so that your family can reach the best possible arrangement for all involved. He or she will help you to complete the necessary legal paperwork that must be filed with the court in order to make your custody wishes known. It is important that the custody arrangements are legally permissible under the divorce regulations of the state. You attorney should be well-versed in these procedures, and provide important advice to you when you need it.

If you’re unsure which attorney to use, start by speaking with friends or family members who have recently been through a divorce with kids. They may be able to recommend an attorney who is competent and knowledgeable that was able to help them. However, don’t choose an attorney solely on someone else’s recommendation. Create a list of two or three attorneys and meet with each of them yourself. Remember, this is someone whom you will be dealing with on very personal issues to you, so don’t choose someone that you aren’t totally comfortable with.

Texas Protective Orders Attorney : Texas protective orders against domestic abusers

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Texas law sets out procedures for the victims of family violence to obtain protective court orders against their assailants.

Texas laws allow family-violence victims to seek court orders protecting them from their abusers, and the numbers support the need for protective orders to keep people safer.

Texas family violence

According to the Texas Department of Public Safety or DPS, in 2012 there were almost 200,000 instances of family violence in the Lone Star State, an 11.5 percent increase over 2011. When gender was known, about three-quarters of the victims were women or girls, and about one-quarter male. The gender numbers for perpetrators were flipped: about three-quarters were male.

The highest number of victims – as well as offenders – was 20 to 24 years old. Almost all of the incidents fell into the category of assaults, mostly simple assault. “Major injuries” were reported in almost 10 percent of the incidents responded to by law enforcement, with the highest numbers being internal injuries or lacerations.

More than 80 percent involved perpetrators using their hands and feet as weapons to inflict injury, as opposed to using guns or objects as weapons. Incidents with no weapons accounted for 7.5 percent, which involved threats (still considered family violence if they create fear of imminent harm).

Texas Protective Orders Attorney

The Texas Family Code contains many complicated procedures for protective orders against family violence and dating violence. Because of this complexity, a family lawyer can be especially helpful to an applicant seeking one.

Alternatively, an attorney with protective-order experience can vigorously defend a person against whom such an order is wrongly or unnecessarily sought, including a possible rescission or appeal if an order is issued.

A protective-order application can be filed independently in state court or in conjunction with a divorce or a suit affecting the parent-child relationship.

The law says simply that the Texas state court shall render a protective order if the judge finds a history of family violence and the likelihood that it will continue.

“Family violence” is defined as an act by the “member of a family or household” (even if not related) against another member meant to cause injury or sexual assault, or a threat of such an act that makes the intended victim fear for “imminent physical harm, bodily injury, assault, or sexual assault …”

Family violence also includes abuse of a child in a family or household by a member of that family or household, as well as dating violence.

Dating violence means the same acts or threats as described in family violence, but against another person with whom the perpetrator has or has in the past had a dating relationship, defined as a “continuing relationship of a romantic or intimate nature.” Dating violence also extends to victims who are married to or dating a third party with whom the abuser also has or has had a marriage or dating relationship.

A victim can seek a short-term temporary protective order “ex parte” (without notice to the alleged perpetrator) for up to 20 days with the possibility of another 20-day extension. A regular protective order requires notice to and service on the alleged perpetrator and the court has specific time limits within which to schedule a hearing.

A regular protective order can last up to two years or longer in the worst cases. A judge can order many things such as prohibiting the respondent from taking a child or pet, or from disposing of mutually owned property; giving the victim use of the residence or other property even if jointly owned with the respondent; providing custody, visitation and child support arrangements; ordering a battering prevention program; forbidding communication or contact; and more.

Keywords: Texas, family violence, domestic violence, protective order, court, domestic abuse, dating violence, threat, judge

Texas Protective Orders Attorney