McKinney Divorce, Child Custody, Child Support and Adoption Attorney
At the Law Office of Michael G. Diaz, P.C., we are committed to helping people facing difficult family disputes, including divorce, child custody, child support, modifications, paternity cases, and adoptions. We know that the legal decisions you make during your divorce and other family law matters may be some of the most important that you will make. Decisions made during these matters won't only affect your life now, but will have an impact long into the future.
We offer a full-service family law practice. We are pleased to assist clients in these and other family law matters:
We understand the importance of the each situation and work to achieve the best possible resoluation for you. We will explain the proceedings and available options at each stage of the proceedings. The Law Office of Michael G. Diaz, P.C. will guide you through each issue involved including child custody, visitation, and child support. We will also guide you through the issues related to property division including how to determine a just and fair division of the community estates and what the law is regarding that division.
Additionally, we always try to work towards an amicable solution to avoid litigation, but we understand that sometimes litigation is necessary and we prepare accordingly.
To speak with Michael Diaz regarding any of the above issues, contact us at (972) 542-6820.
Child Custody and Visitation
Texas law divides child custody issues into two parts: (1) a parent's rights and duties towards a child and (2) possession and visitation with a child.
Texas law presumes that it is in a child's best interest for his or her parents to be named jont managing conservators. Joint managing conservators generally have the same rights and duties towards the child including the ability to make decisions for school, medical issues, religion, and discipline.
For possession and visitation, the Texas Family Code sets out a standard possession schedule where the non-custodial parent has visitation on the first, third, and fifth weekends of each month along with every Thursday evening. Under this schedule there will be extended visitation during the summer and holidays will be alternated.
Parents can always agree to a different schedule that better works with their own schedules or the children's circumstances. It is important to have an attorney who can discuss with you the different visitation options and ways to ensure you have quality time with your child.
Child Support
Texas has statutory guidelines that dictate appropriate child support payments. These guidelines use factors such as the net income, number of children, other children that a parent may have, and a child’s special needs to determine the amount.
The amount of child support that a parent is expected to pay will be based on that parent's income and the total number of children he or she is supporting. Generally, child support will be paid according to the following schedule:
- One child = 20% of your net pay
- Two children = 25% of your net pay
- Three children = 30% of your net pay
- Four or more children = 35% of your net pay or more as determined by the court
Child support typically ends at age 18 or when the child graduates from high school, whichever occurs later, but if your child is disabled or becomes disabled and is unable to care for himself or herself, parents are required to support the child for as long as the child needs support, no matter how old he or she is.
Whether you will be responsible for paying child support or will be receiving support on behalf of your children, the amount of support will play a critical role in your life moving forward. Both parents want to know that the amount was determined fairly and in a manner that is in the best interests of their children.
Modifications
If the circumstances of a parent or child have significantly changed since a prior order was entered, it may be necessary to request a modification of the prior order. When considering such a modification, the court will look at whether the modification is in the child's best interest, and if circumstances have "materially and substantially" changed since the original orders Some types of changes that may warrant a modification are:
- Changes in the needs of the child
- Child abuse
- Child neglect
- Not showing up for visitation
- Illness or disability of a parent
- Not abiding by the other parent's rights to visitation
- Drug or alcohol problems of a parent
- Domestic violence
- Moving out of the state with the child
- Moving outside of the geographical parameters set by the court
- The level of care a parent is able to provide
If the parent paying child support losses his or her job or has a significant pay reduction it is important to immediately request a reduction of the child support obligation, if necessary. Child support cannot be changed without a formal order from the court, and the amount owed cannot be changed retroactively. It often happens that a parent loses their job, can't pay child support but waits 6 months to ask for a reduction. By that time the parent is thousands of dollars behind, and although the court grants the reduction for support the reduction only applies for future support (the parent still owes the past payments at the prior amount).
Enforcement
Few things are more discouraging for a parent than the non-payment of child support. However, there are legal options available to enforce child support payments. It is possible to enforce a court order of child support or any other court decree. If the non-paying parent is found to be in contempt of court, he or she could be facing fines, probation, or even jail time. If you are struggling with non-payment of child support we can help present your case to the court to seek enforcement.
If you are facing a motion for enforcement of child support it is important to remember that child support is a serious matter with serious consequences for a person found to be in contempt of court. There are significant penalties for non-payment of child support, which can include up to six months in jail, the loss of a driver's license, and other harsh remedies. Just as a person should not attempt to represent himself or herself in a criminal trial, a person should not attempt self-representation when accused of failure to pay child support.
Adoption
Adoption generally is a two-step process where one or both biological parents will have his and/or her parental rights terminated. Texas law sets forth the basis for terminating a parent's rights including abandonment of their child, failing to provide support to the child or signing an affidavit to relinquish parental rights, among others.
After additional steps including a background check and home screening for the adoptive parent(s), the Court may then approve that person(s) and establish the parent-child relationship between the parties. Once the adoption is granted the parent-child relationship is established for all purposes as the child's legal parent.