Family Law: Answering Commonly Asked Questions

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Family Law deals with issues related to family and domestic relations. If you are dealing with a legal matter ruled by Family Law, it is important to consult an experienced family law attorney and hire one, if needed. When hiring a family lawyer, it is important to have some basic understanding of the law, which will also help you move the right foot forward.

To help, in this 2-part series, we have covered some of the frequently asked questions about family law, divorce, and child custody. Take a look.

Should I settle my case out of court?

Settlement outside the court depends from case to case, but more often than not, it is not the best option. Before making any decision, you and your family attorney must evaluate your case, compare the process and outcome of ‘out of court settlement’ against ‘court settlement’. Also, factor in the cost of the trial, psychological impact, and everything else associated with both options.

Can my children be taken away without my consent?

If there is no court order restricting the residence of your children then the answer is, yes! To avoid such situation, it is important to obtain a geographical restriction on your children’s residence. After obtaining the restriction from the court, the other party cannot move your children away without your consent or the court’s permission.

Who divides the property in a divorce case and how?

The judge involved in the divorce case has the authority to divide the community property in a way the judge feels it’s ‘just and right’. Though in most cases the community assets are divided equally, in some cases, for example, the disparity in income of both parents, the judge may divide the property in a disproportionate manner. As the rules related to property valuation and division are quite complex, it is advisable to have an experienced family law attorney on your side.

Is it important to get a paternity test done?

The answer is, yes! It is important to be assured of your biological relationship with the child to avoid last-minute setback. If you avoid this test initially and later come to know that you are not the biological parent of the kid, the court order won’t be reversed. It, therefore, makes sense to get a paternity test done before the trial and be 100 percent sure. However, as per the latest amendment made to Texas Family Code section 161.005, a man who is not the biological father of the child but has been paying the child support is allowed to request order of termination under certain specific circumstances.

The Way Forward

Family law is a complex maze that requires professional assistance from a lawyer. We, at Austin LRS, understand that different clients have different needs and budget. We are here to help connect you to a certified Family Law lawyer based on your specific needs for legal advice. For an initial consultation, call (512) 472-8303, or fill out our contact form and one of our representatives will get you the suggested help as soon as possible.

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