Month: March 2021

Enforcing Modification Orders

Modifying Child Support and Custody Orders

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Modifying Child Support and Custody Orders

When dealing with situations such as child custody and child support, there might come a time where you’ll need to seek a child support lawyer for modified court orders. Why would this happen? Well, in some instances, the original court order may have been unfair or unworkable from the get-go.

In other cases, the circumstances in which the original order was based on may change. Circumstances can vary, including the children grow older, a change in financial situation, or a change in living arrangements.

In these situations, a modification of orders could be needed, whether it’s custody, support, or visitation rights. Finding yourself in these types of situations may seem complex, but it doesn’t have to be with the assistance of a qualified attorney.

Texas Estate Planning

Texas Family Law firm

Child Support Modifications

In Colleyville, child support orders can be modified under Texas law is one of these conditions is met:

  • More than three years since the establishment of the order or last modification
  • The monthly amount of the orders differs by either 20% or $1oo from the amount that would be awarded based on the guidelines
  • A “material and substantial” change since the last support order

Child Custody Modifications

State law allows modifications of child custody orders to petitions filed by either parent at any given moment. This is as long as it is filed in the court that granted the divorce originally. In the event of relocation, the petition could be filed in the new.

If both parties agree that a custody order is needed, the proposal must be submitted to the courts. The court reviews the proposal, often approves it and becomes legally enforceable.

Top-Rated Attorney in Texas

Top-Rated Attorney in Texas

One thing to note is that if both parties don’t agree on the need for modifications, then an extensive litigation process begins. The law stipulates that the petitioning parent must demonstrate that:

  • The child is of at least 12 years of age and wishes to live with the other parent
  • Material and substantial change (like a losing a job, job relocation, income, abuse and neglect, substance abuse, or medical condition)
  • The modification in the order is in the best interest of the child.

For more information on modifying orders, contact Rashelle and The Fetty Firm at (214) 546-5746. Moreover, you can also learn more by visiting our modification of orders webpage.

Advanced Directive

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Advanced Directive in Tarrant County

An advanced directive, also known as a living will, is an important aspect of estate planning. In short, this document provides doctors and caregivers instructions on what medical treatments you do or don’t want in the case that you’re unable to give those instructions yourself. Those instructions can include orders such as don’t resuscitate and orders regarding organ donation. By creating a living will now, you’ll ensure your last wishes are carried out while also preventing potential problems with loved ones. Living wills typically cover:

General Overview of Living Wills

General Overview of Living Wills

  • Resuscitation, such as CPR or an electric shock to the heart
  • Breathing machines
  • Tube Feeding
  • Dialysis
  • Medicine
  • Palliative care
  • Organ donations

Overview of Living Wills in Texas

A valid living will meets the following conditions:

  • The declarant must be in a state of competence
  • A requirement of two witnesses
  • The living will can be oral with two witnesses and a present physician
  • A written directive becomes part of your medical records. If the directive is oral, the witnesses have to sign the medical record
  • Advanced directives are not operative for pregnant patients
Top-Rated Attorney in Texas

Top-Rated Attorney in Texas

Keep in mind that livings wills can be revoked at any time. You can sign and date the revocation or choose to do it orally. The revocation of the document takes effect one the document of intent is sent to an attending physician or when the physician is notified of the revocation. This document will remain valid until it’s revoked. Even more, there are additional legal conditions that’ll apply to these documents. As such, it’s best to contact an experienced attorney for a better understanding. Rashelle Fetty and The Fetty Firm can provide answers to your questions.

 

If you wish to learn more about this delicate matter, contact us at your earliest convenience. You can reach us by calling (214) 546-5746. Moreover, you can set an appointment by clicking here. Together, we’ll work towards a comprehensive, advanced directive based on your circumstances.

Tarrant County Estate Planning – What is a Will? What is a trust?

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What is a will? What is a trust?

Estate Planning in Tarrant County

You may have used or heard of the words “will” and “trust.” Some people believe they are interchangeable, but that is not the case. On the surface, these two documents may be very similar, but they have several differences. A will is used to distribute any property you have after your death. A trust is when a trustee signs over property to another known as beneficiary.

Trusts can start once it is completed, upon a person’s death, or after. A will takes effect after the person has died. There are other significant differences between a will or trust. The Fetty Firm specializes in both of these documents. If you are interested in setting up either, get in touch with the firm today. Rashelle Fetty is the owner and sole attorney at the firm. She can help you decide which document is best.

Sit down with a Tarrant County Estate Planning Attorney so that you can learn what it is that you need for your situation.

Major Differences of these Documents

will and trust

A will and trust are not the same thing.

One major difference between the documents is a will only distributes the property under your name. If you have any property that is owned jointly, that will not be distributed. When it comes to a trust, the property must be in the name of the trust to be distributed. Another major difference is that wills go through probate. Probate is when a will goes through court to prove its authenticity.

If there is no will when a person dies, then the court can distribute the property how they like. Wills are not private records since they go through probate. Trusts bypass probate and are remained private. Additionally, trusts are capable of planning for disability or saving for taxes. It cannot specify a specific person or funeral arrangements.

Wills and trusts have their advantages and disadvantages. It is important families know the differences and determine which document is best for them. The Fetty Firm can help clients find the right document for their future. There is a wide range of reasons to choose one over the other. Let Rashelle Fetty help you make that difficult decision.

Choose the Right Document

Get in touch with The Fetty Firm today. You can reach our firm by calling (214) 546-5746. Clients should also visit our pages about wills and trusts. They provide important information that may help you decide which document is better.

Estate Planning – Tarrant County

Child Custody Lawyer in Tarrant County

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Child Custody in Tarrant County

In the state of Texas, child custody is oftentimes referred to as “conservatorship.” So instead of referring to a parent as a “custodian,” courts in the state of Texas are referred to as a “conservator.” Furthermore, conservatorship is the term that describes the legal rights and responsibilities of a parent.

A family law judge decides on the detailed terms of a conservatorship. In the case that both parents come to an agreement for a custody plan, then the courts will just approve a written agreement. In all custody cases, the most important concern for courts is what is the best interest of the child. Moreover, here are the two types of conservatorship in the state of Texas:

  • Joint Managing Conservatorship (JMC)
  • Sole Managing Conservatorship (SMC)

Rights Included in a Conservatorship

Child Custody Laws in Texas

Child Custody Laws in Texas

For the most part, a conservatorship includes the following rights:

  • Getting information from the other parent about the child’s health, education, and welfare of the child
  • Obtaining access to psychological, dental, medical, and education records of the child
  • Ability to speak to a psychologist, physician, or dentist about the child
  • Speaking to a school’s officials regarding the welfare and education status of the child, with the inclusion of school activities
  • Consent to dental, surgical, and medical treatment during an emergency involving dangers to both the health and safety of the child

Joint Managing Conservatorship

In a Joint Managing Conservatorship (JMC),  both parties share the duties and the rights of a parent. Even in this situation, one parent is awarded the exclusive right to make certain decisions. In the case that both parties are named conservators, the courts will specify the responsibilities of each parent separately and jointly.

Law firm for family law cases

Legal assistance for family law and estate planning

Sole Managing Conservatorship

An SMC, or Sole Managing Conservatorship, means that a single parent has the right to make certain decisions regarding the child. Additionally, an SMC gives the designated parent rights, such as:

  • Making a decision on the primary residence of the child
  • Ability to consent to medical and dental treatment
  • Consenting to a psychiatric and psychological treatment
  • Legal right to attend school activities
  • Right to receive child support
  • Ability to make decisions concerning the child’s education

Keep in mind that this is simply an overview of child custody laws in Texas. If you want to learn more about our child custody law services, contact us by calling (214) 546-5746. We look forward to hearing from you and helping you in your child custody case.

A Tarrant County Child Custody Lawyer is important. It is important to have an attorney that is well-versed in the local laws. It is important to have an attorney that is capable of doing what needs to be done to make the process smooth.

Tarrant County Divorce: Are you ready for a divorce?

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Is it time for a divorce?

Find a Tarrant County Divorce Attorney

Tarrant County Divorce

Tarrant County  Divorce Attorney Near Me

Finding a family attorney that is close to you is important. The Fetty Firm is your Colleyville, Tarrant County attorney. However, when you are wanting a divorce, you need to think, “Are you ready for a divorce?”

A few questions that are important to investigate when deciding if you’re ready for a divorce:

  • Have I voiced my concerns about our marriage to my spouse? Have we really tried to work on our problems?
  • Am I threatening divorce out of frustration, spite, anger, or as a warning?
  • Would I honestly be happier without my spouse?
  • What would my life look like without my spouse?
  • Am I ready to handle the negative consequence of divorce?
  • Do I still have feelings for my spouse?

Be true to yourself when answering these questions.

There’s a concept to explore called “divorce readiness” It’s essentially the idea of whether a person is emotionally ready to go through with a divorce. The questions above reveal the emotional toll that a divorce can take, and also highlight just how dramatic and life-changing divorce can be.

In divorce, each person involved typically has a differing level of divorce readiness. Many times, the person who is preparing to file for divorce has a higher degree of divorce readiness than the person who is about to be served with a petition. That stands to reason — if someone is making legal preparations to get divorced, that person is undergoing the emotional preparation to get there.

The other person in the relationship may have a sense his or her spouse wants a divorce, and may even want to get divorced also. But the feeling of wanting to get divorced and actually going through the divorce process are two very different things. It often takes time and energy to get both people on the same page.

Find the perfect Tarrant County Divorce Attorney for you.

If you are looking for a Tarrant County Divorce attorney then you need to come to The Fetty Firm. Contact The Fetty Firm, PC today to learn more about how our Texas Divorce Firm can help you.