Family Law

Family law is a broad legal field that encompasses a wide range of family issues, including marriage, divorce, child custody, adoption, prenuptial agreements, the division of assets and property, and more. Family lawyers have specialized knowledge of state laws and codes, as well as the trial and appellate processes of family law cases.

Texas law has various requirements surrounding marriages, divorces, parental rights, spousal support, and other family issues.

Family lawyers can typically help represent clients in any of the following cases:

• Divorce: Some couples may try to seek a collaborative divorce, which allows them to negotiate and settle on property divisions and child custody without going to court. If either party does not agree, the case will need to be litigated in court, where a judge will rule based on evidence such as acts of adultery.
• Child custody: Many parents choose to settle a child custody and visitation schedule outside of court, but sometimes it is necessary to appear in front of a judge. The judge will rule based on factors such as home environments, parental capabilities, and domestic violence charges. A family law attorney can help you build a strong and successful custody case.
• Child support: If you need financial support for your child as a single parent, you should seek an attorney to help you negotiate the best possible outcome for your child.
• Adoption: Adoption is a complex and lengthy process that involves a lot of legal paperwork. An attorney can help ensure that all of your documents are filled out and submitted correctly to ensure a smooth process.
• Domestic violence: Domestic violence cases often result in criminal charges, divorce, child custody battles, and protective orders. It is important to seek legal help as soon as possible if you are involved in a domestic violence case.
• Protective orders: Protective orders can keep you safe from anyone who threatens your well-being, whether it be through physical attack or verbal abuse.
• Marital exit strategy: Planning and finalizing a divorce takes time and involves many legal steps. An attorney can guide you through the process to ensure that everything goes smoothly.

At The Law Offices of Richard C. McConathy , we do not focus on just one area of law. We work with you on any process we think you need to achieve success moving forward.

Types of Family Law Cases in Texas

Texas family law consists of a variety of legal requirements. Some common rules include:

• Adoption laws: These laws cover eligibility requirements, the age of consent, and home requirements.
• Prohibited marriage laws: These laws cover who can and cannot get an annulment.
• Abortion laws: These laws cover fetal viability, time restrictions, and physician requirements.
• Protective order laws and restraining order laws: These laws protect victims of domestic abuse or stalking.
• Child custody laws: These laws cover different visitation rights, parental rights, decisions, procedures, and rulings surrounding child custody.
• Marriage requirement laws: These laws cover the age at which you can get married with or without parental consent.

A family lawyer can represent your legal rights if you need support in any of these areas of law, including divorce. Often, one of these legal issues can lead to other problems that require the assistance of a family lawyer. For example, a divorce typically involves dividing property, managing assets, and determining child custody.

The Right to a Lawyer in Family Law Cases

People in Texas may be able to get a lawyer for a family law case if they have violated a court order or if their parenting rights are at risk. However, lawyers are not guaranteed in cases involving custody disputes, parentage, or divorce.

In Texas, you are not usually entitled to a lawyer in a family law case, such as a divorce, child support, or custody case. However, there are two exceptions:

• Civil contempt in enforcement proceedings: If you are an indigent defendant (meaning you have a very low income) and the court decides that you could go to jail as a result of a case to enforce visitation or child support, you have the right to an attorney. However, this right is limited to the contempt portion of the case; the court does not have to appoint an attorney for the entire enforcement proceeding.
• Termination of parental rights cases filed by the state: Indigent parents, including certain alleged fathers, have the right to an attorney in termination of parental rights proceedings filed by the state. This right also extends to appeals.

For more information, please see Texas Code of Criminal Procedure § 1.051(c) and Texas Family Code §§ 107.013(a), 157.163, 262.102(d), and 262.201(a-1).

Texas law does not entitle indigent (very low-income) people to legal representation in the following types of family law cases:

• Private custody
• Paternity
• Divorce
• Private termination of parental rights
• Adoption
• Voluntary relinquishment of parental rights

Courts can—but do not have to—appoint an attorney for indigent people in the following types of cases:

• Private custody disputes
• Private terminations of parental rights

See Texas Family Code § 107.021. Indigent defendants facing jail time as a result of an enforcement action may be wondering how to ask for a lawyer.

If the court determines that jail is a possible result of the enforcement case, it must inform you of your right to be represented by an attorney. If you are indigent, the court must also inform you of your right to have an attorney appointed to you.

How long it takes to get a divorce in Texas

It takes at least 61 days to get a divorce in Texas. However, the more conflict there is between the parties, the longer it will take to reach an agreement and finalize the divorce decree.

The ability of children to determine who to live with

In Texas, a child cannot choose which parent they live with until they are at least 18 years old. In some cases, the court may consider a child’s wishes if they are over 12 years old, but this is just one factor among many that the court will consider when making a decision.

How court orders impact parenting time

Without a court order, either parent can keep or take the child whenever they want. The court cannot enforce a parenting plan that does not have a court order.

When a person owned a home before a marriage, do they get to keep the house?

In Texas, marital property is any property acquired during the marriage. Property acquired before the marriage is considered separate property and remains with the owner during the divorce. 

However, it can get a bit more complicated than that. If one spouse invested in paying bills or making home improvements on the other spouse’s separate property, they may be entitled to a share of the property as well.

Child support for cases not involving marriage

Custodial parents are eligible to receive child support even if the parents were never married. Child support is the financial obligation of a parent to their child, regardless of the parents’ marital status or living arrangements.

What is the difference between conservatorship and custody?

In Texas, “conservatorship” is used instead of “custody.” There are two types of conservatorship: sole managing conservatorship and joint managing conservatorship. 

Sole managing conservatorship means that one parent is the custodial parent and the other parent is the non-custodial parent. Joint managing conservatorship means that both parents share custody of the child. 

Conservatorships can be agreed upon by both parties or ordered by the court.

Factors courts consider in custody agreements

The court always considers the child’s best interests when making final decisions about parental responsibilities. Some factors the court may consider include:

• The child’s living arrangements
• Any reports of child abuse or neglect
• The child’s well-being while with each parent
• Any physical or mental health issues that would prevent a parent from caring for the child

Family Law Courts in Tarrant County

The family law courts in Tarrant County hear cases concerning family law matters, including divorce and child-related matters. There are currently eight family law courts in Tarrant County, each identified by a district number.

They include:

• 231st District Court

Judge Jesus Nevarez, Jr.

Family Law Center – 5th Floor

200 East Weatherford Street

Fort Worth, TX 76196-0240

(817) 884-3796

• 233rd District Court

Judge Kenneth E. Newell 

Family Law Center – 5th Floor

200 East Weatherford Street

Fort Worth, TX 76196-0227

(817) 884-1794

• 322nd District Court

Judge James Munford 

Family Law Center – 4th Floor

200 East Weatherford Street

Fort Worth, TX 76196-0230

(817) 884-1427

• 322nd District Court

Judge James Munford 

Family Law Center – 4th Floor

200 East Weatherford Street

Fort Worth, TX 76196-0230

(817) 884-1427

• 322nd District Court

Judge James Munford 

Family Law Center – 4th Floor

200 East Weatherford Street

Fort Worth, TX 76196-0230

(817) 884-1427

• 360th District Court

Judge Patricia Baca Bennett

Family Law Center – 4th Floor

200 East Weatherford Street

Fort Worth, TX 76196-0290

(817) 884-2708

• IV – D (Child Support) Courts

Family Law Center – 1st Floor

200 E. Weatherford

Fort Worth, Texas 76196

• Child Protection Court No. 1 and No. 2 (CPS)

Family Law Center

200 East Weatherford Street

Fort Worth, TX 76196

Rules of Family Law Cases

The Texas Rules of Civil Procedure are the general rules that apply to all cases in all Texas courts. The Texas Family Code governs family law cases. 

The Texas Rules of Evidence apply to all contested hearings in which evidence is presented. Additionally, the Tarrant County Family Law Courts have adopted local rules that govern how family law cases proceed through their courts. 

Each court may also have its own rules, which can be found at justex.net. The court-specific rules take precedence. 

If there are no court-specific rules on an issue, the local rules apply. If there are no local rules on an issue, the Texas Rules of Civil Procedure apply. A copy of all applicable rules should be obtained at the beginning of a case.

Mediation in Family Law Cases

Mediation is a confidential settlement process in which parties to a dispute meet with a neutral person, called a mediator, to try to resolve areas of conflict. The parties, their attorneys (if applicable), and the mediator discuss the goals and positions of each party. 

The mediator helps the parties reach an agreement, but cannot force either party to enter into a settlement agreement. If the parties reach a settlement, the mediator drafts a binding agreement that reflects the negotiated settlement. 

The Mediated Settlement Agreement (MSA) is irrevocable as long as it meets certain criteria required by the Texas Family Code. The terms of the MSA will be used to create the order (e.g., Agreed Order or Final Decree of Divorce) that will be signed by the Judge.

Is mediation required in family law matters? Generally, yes. 

The court will usually order mediation prior to the final trial and prior to a temporary hearing. If the parties cannot agree on a mediator, the court will order them to attend mediation with a specific mediator and to schedule mediation. 

Each court has different rules and should be contacted about its specific requirements for mediation prior to a hearing or trial. Advantages of mediation include:

• Mediation is the parties’ process and decision, not the court’s.
• The process gives the parties control over the outcome of their case.
• Mediation offers certainty of the outcome.
• Mediation can be creative based on the individual parties and their children.
• Mediation is generally less expensive than a trial.
• Mediation is a friendlier, less contentious process.

Family Law Attorney in Tarrant County, TX

Family law matters can often be exceptionally high-conflict cases involving issues that are very pertinent to the parties involved. Looking for an experienced family law attorney in Fort Worth, Arlington, Grapevine, Keller, Southlake, or other areas in Tarrant County, TX? You can count on The Law Offices of Richard C. McConathy for help with all kinds of family law issues.

Feel free to call (817) 422-5350 or contact us online to schedule a free consultation that will allow us to fully discuss your entire case with you. We are adept in all kinds of family law cases, so we can offer assistance for virtually all family court needs.