Category: Custody Law Texas

Colleyville TX best divorce lawyers near me

Child Support Modification Tarrant County

Leave a comment

Modify Child Support in Texas

In certain instances, it will be necessary to attempt to modify court orders pertaining to child support. Court orders can at times be unfair or unworkable from the start. Also, the circumstances that the court order was based on can change. Some of the circumstantial changes include children growing older, a change in financial standing, or a change in living arrangements. Whenever you are dealing with this type of case, your best bet is to acquire the services of an experienced attorney in family law cases. Rashelle Fetty has the experience and know-how to provide guidance and representation during the process.

Texas Law firm to modify support orders

Attorney for child support orders

Child Support Modifications

In Texas, child support orders can be modified if at least one of the conditions below is met.

  • It has been more than three years since establishing the order or the last order modification
  • The amount of the order differs by from the amount that the guidelines set by 20% or $100
  • A substantial and material change occurs since the last child support order

A material and substantial change applies if one of the following situations are true:

  • There are changes in the income of the parents that don’t have custody
  • Additional children become the legal responsibility of the non-custodial parent
  • There are changes in the child’s medical insurance coverage
  • If the child starts to live with a different parent

Fortunately, the Fetty Firm and its sole and experienced attorney, Rashelle Fetty, can elaborate on all the stipulations and also help you submit a review request to the Office of the Attorney General of Texas. Additionally:

Experienced Law Firm for court order modifications

Consultation for modifying child support orders

  • Child support orders can only be modified through an in-person hearing (Child Support Review Process) or a hearing
  • Any type of informal agreements between the parents stated outside of the Review hearing, or court hearing do not change the original court order

Above all, it is important to note that this is only an overview of these types of cases. If you wish to learn more, make sure to give us a quick call. You can reach us by calling (214) 546-5746. Furthermore, you can learn more about child support modifications by clicking here.

Can you modify a custody order?

Leave a comment

Can you modify a child custody order in Texas?

If your circumstances have changed, it is possible to modify a child custody order.

If you are divorced and have children, you know that the custody order determines who has custody of the children. However, you may believe that the order is set in stone, even if it no longer is feasible. Fortunately, this is not the case in Texas, as many of life’s events such as job relocation can serve as the basis to ask a court to modify a child custody order. Additionally, orders may be changed if there are other changes in circumstances where the current order no longer reflects the child’s best interests.

When orders may be modified

Under Texas law, either parent may file a petition seeking child custody modification anytime. The petition must be filed in the court that granted the divorce, unless the child has moved. If this has happened, the case may be transferred to the court in the child’s new county.

Depending on whether there is agreement between the parties, the modification process can be quite swift. If both parents agree that there is a need to modify the order, all that needs to be done is to submit a proposed custody order reflecting the changes to the court. The court will then review the modification and approve it in most cases. Once the order has been approved, it becomes legally enforceable.

In cases where the parents do not agree on the need to modify the order, the modification process is lengthier, as both parents need to go in front of a judge to modify the order. Under the law, the parent that wishes to modify the order must demonstrate that:

• The child is 12 years old and wishes to change the primary caregiver; or

• There has been a change in circumstances that is material and substantial; and

• The proposed changes to the order would serve the child’s best interests.

If the child is under 12 years old or does not wish to change the primary caregiver, the order cannot be modified unless the change in circumstances has been material and substantial. Courts in Texas have interpreted this requirement to include:

• Changes in marital status of the parents

• Job relocations

• Unemployment

• Medical conditions

• Abuse or neglect of the child by either parent

• Substance abuse

In all cases, the court will not modify the custody order unless the changes reflect the best interests of the child. In determining whether the proposed order meets this standard, courts consider many factors such as the child’s needs, wishes (if he or she is old enough to express them) and relationship to each parent.

Can The Fetty Firm Help Me?

Yes, we can! If you are ready to seek a family law attorney, visit our law firm. Rashelle Fetty is the best attorney in Colleyville as well as the sole attorney at this firm. She is highly qualified and can bring her expertise to your court hearing. She represents clients for family law issues and could become your savior in this situation.

You may not be well-versed in the ins and outs of the legal system, but Ms. Fetty is. She has been working in the legal field since 2008, which makes her experience range over a decade, so you can count on years of experience! Rashelle grew up in Enid, Oklahoma and went to college at Old Dominion University in Norfolk, Virginia. Clients are her first priority and they can feel the difference her attention makes.

 

Rashelle Fetty is a Board Certified Family Law Attorney

There are many aspects of family law. Here is a list of the family law matters that The Fetty Firm covers.

  • Adoption
  • Child Support
  • Child Custody
  • Divorce
  • Enforcement of/Modification of Orders
  • Spousal Support
  • Termination of Parental Rights

There may be many irresponsible attorneys who are seeking to profit from this potentially painful situation. Representing clients sympathetically and effectively should be their focus. You deserve the best family law attorneys available to you.

 

How Do I Contact The Fetty Firm?

The Fetty Firm

It sounds like you are ready to proceed. You can call today to schedule a consultation with Ms. Fetty, at (214)-546-5746. If you would like to email instead, you can send your message to rashelle@thefettyfirm.com. Thank you for your time and consideration.

Take the next steps to alter your life for the better. You’ve found the TX Child Custody Lawyer and it’s time to set off!

Termination of Parental Rights

Leave a comment

Termination of Parental Rights in Texas

Are you a parent who has to deal with a TX Termination Of Parental Rights issue? Call The Fetty Firm if you want the best representation in court. No matter which side you stand on in the difficult case, The Fetty Firm can assist you through the legal process of terminating the rights of a parent or avoiding rights termination. Usually, these types of cases are as complex as they are difficult.

Even if you wish to give up your parents right voluntarily, you should still hire a Texas family law attorney to ensure that your decision is legally valid. If the court is attempting to terminate your parental rights, you need a strong defense to support your case. In many circumstances, the courts may be able to find an alternative solution. If you want to retain parental rights over the legal, medical, and educational decision of your child, you might have to fight your case in court. However, an experienced attorney can make a large difference in the outcome.

Colleyville TX Termination Of Parental Rights

We can assist you in child custody cases and maintain your parent-child relationship!

What Is A Termination Of Parental Rights?

When parental rights are terminated, the individual no longer has the capability to make decisions on behalf of the child. Furthermore, the parent is not obligated to provide for the child once he or she has terminated parental rights. There are two methods of terminating parental rights: voluntary and involuntary.

Voluntary Termination

A parent may wish to terminate his or her parental rights for one of several reasons. For example, the individual may currently be required to pay child support for a child that is not biologically theirs. Instead of shirking child support payments and dealing with severe penalties later, a parent can terminate his or her right and with it, terminate the obligation to pay child support. Some parents also terminate parental rights when they believe that they are unfit to serve as the child’s guardian. Rather than make a series of unfair decisions that put the child’s welfare at risk, the parent may terminate his or her rights. That way, the child can be under the guardianship of a more suitable caretaker. Additionally, the parent will prevent the need for an involuntary termination or a criminal case arising from negative parenting decisions.

Another reason that a person may terminate their rights to parent a child has to do with adoption. In fact, termination is often required in order for the child to be adopted by another guardian. Terminating parental rights can ensure potential adoptive parents that the birth parent won’t change their minds about the adoption. Furthermore, if the parent does change their mind, they are legally limited in regards to retaliatory actions they can take. The biological parent can’t run away with their child that they gave up for adoption or make decisions for the child without the adoptive parent’s consent.

Colleyville TX Termination Of Parental Rights

TX Termination Of Parental Rights Attorney

Involuntary Termination

That being said, the court may revoke a parent’s right to make decisions for their child. If this happens, the parent has been deemed by a judge to be unfit to parent. Sometimes, a parent may have tried to retain parental right but they were revoked due to the parent’s actions or behaviors, such as substance abuse issues. However, these cases are not clear-cut. Sometimes, spiteful ex-spouses try to paint a negative picture of their child’s parent, in order to obtain sole custody. If you believe that it is in your child’s best interest that you retain your parental rights, you can fight your case in court.

Depending on the reasons for termination, your case may vary in terms of difficulty. No matter how obvious it seems to you that you’re fit to parent your child, you need an attorney. Don’t risk your parental rights by relying on the judge’s common sense or your own great debate skills. Instead, call The Fetty Firm. We can weigh your options and figure out how we can help you.

As you can see, termination can prevent legal consequences arises from unwise parenting decisions. If you don’t intend to properly care for a child for their entire childhood, you may benefit from a voluntary termination agreement. The Fetty Firm can explain the regulations and process in more detail before you proceed with termination. For one, you must prove that the voluntary termination is in the best interest of the child, and not solely because you seek to avoid legal consequences. The termination should serve the child, not the parent.

Why Would The Court Terminate My Rights?

The reasons for voluntary termination are numerous, but they all must meet the same qualification. In order to successfully terminate your parental rights voluntarily, you must prove that doing so would be in the child’s best interest. Similarly, the court orders involuntary termination on behalf of the child’s welfare. If a court seeks to terminate your parental rights, it is because the judge believes that you are incapable of making good decisions to keep your child safe. Possible explanations for involuntary termination include abuse, neglect, abandonment, criminal behavior, or a dangerous physical or mental environment. Additionally, if you refuse to support the minor child or an adult child who has a mental or physical limitation that prohibits them from caring for themselves, your rights may be terminated.

Even if someone believes that your child isn’t in an ideal living situation, that doesn’t mean that your rights will necessarily be terminated. The courts will review all convincing evidence before making a decision. Everyone involved wants to do what’s best for your child, but first, we must discover what that means.

Colleyville TX Termination Of Parental Rights

Termination of Parental Rights

Call Us!

If your child’s other parent is unsuitable in your opinion, we can fight to terminate their parental rights. On that same note, we will fight to help you retain your rights if someone wrongfully accused you of abuse or are getting out of a bad situation. Call The Fetty Firm law office at (214) 546-5746 to learn more about how we can help you deal with this stressful TX Termination of Parental Rights matter. Alternatively, you can contact us at any time using our online form. Let us know how we can help you.

Child Custody in Texas – What are my rights?

Leave a comment

As parents, we all want what’s best for our children. Understandably, we are going to make every effort to give what we feel is best. That’s why child custody is one of the most challenging aspects of divorce.

The litigation process is extensive, lengthy, and quite frankly, difficult. Generally, it is best that you hire a family law attorney that has extensive knowledge of Texas child custody law.

Experienced Colleyville child custody lawyer Rashelle Fetty understands what you are going through. You want to make the best decision to ensure your child’s welfare. Rashelle Fetty and the Fetty Firm’s goal for each child custody case is to ensure that the rights of your child and your rights as a parent are protected.

Knowing your options

Rashelle Fetty will advise you of the types of custody that are available as your child custody lawyer. She will explain each option thoroughly. In short, there are four custody options available: joint, sole, temporary, and split.

Joint Custody

Joint custody, which is the preference of many Texas courts, is where both parents are awarded custody of the child. Joint custody is further broken down into three types:

  • Joint legal custody, which means that both parents have the legal right to make decisions for the child.
  • Share physical custody, which is the event that the child has two legal residences.
  • Combination of joint legal and physical custody, in which determined by numerous factors. Please consult with Rashelle Fetty and the Fetty Firm for examples as to how this may work.

Sole Custody

Sole custody is when one parent has both legal and physical custody of the child. All decisions pertaining to upbringing, education, health care, and other matters rest with parent with full legal custody. The child lives full time with the parent who has physical custody of the child.

Temporary Custody

Temporary custody is often the first step of child custody litigation, and it refers to where the child will be residing at the start of the process. The court will decide based upon the child’s best interest. This is only a short-term arrangement.

Split Custody

This differs from the types of custody listed above and typically involves two or more children. The court may decide to award full physical custody of one or more children to one parent, however neither parent has full custody of all the children. This arrangement may be based on numerous factors, such as the child’s age, where the children wish to live, and other factors.

Child custody is a very complex process and to ensure that your child’s rights and your rights are protected, you must contact an experienced child custody lawyer. Consult with The Fetty Firm today.

 

Child Custody Lawyer

Leave a comment

Child Custody Lawyer

 

 

 

As parents, we all want what’s best for our children. Understandably, we are going to make every effort to give what we feel is best. That’s why child custody is one of the most challenging aspects of divorce.

Child Custody Lawyer

The litigation process is extensive, lengthy, and quite frankly, difficult. Generally, it is best that you hire a family law attorney that has extensive knowledge of Texas child custody law.

Experienced Colleyville child custody lawyer Rashelle Fetty understands what you are going through. You want to make the best decision to ensure your child’s welfare. Rashelle Fetty and the Fetty Firm’s goal for each child custody case is to ensure that the rights of your child and your rights as a parent are protected.

Knowing your options

Rashelle Fetty will advise you of the types of custody that are available as your child custody lawyer. She will explain each option thoroughly. In short, there are four custody options available: joint, sole, temporary, and split.

Joint Custody

Joint custody, which is the preference of many Texas courts, is where both parents are awarded custody of the child. Joint custody is further broken down into three types:

  • Joint legal custody, which means that both parents have the legal right to make decisions for the child.
  • Share physical custody, which is the event that the child has two legal residences.
  • Combination of joint legal and physical custody, in which determined by numerous factors. Please consult with Rashelle Fetty and the Fetty Firm for examples as to how this may work.

Sole Custody

Sole custody is when one parent has both legal and physical custody of the child. All decisions pertaining to upbringing, education, health care, and other matters rest with parent with full legal custody. The child lives full time with the parent who has physical custody of the child.

Temporary Custody

Temporary custody is often the first step of child custody litigation, and it refers to where the child will be residing at the start of the process. The court will decide based upon the child’s best interest. This is only a short-term arrangement.

Split Custody

This differs from the types of custody listed above and typically involves two or more children. The court may decide to award full physical custody of one or more children to one parent, however neither parent has full custody of all the children. This arrangement may be based on numerous factors, such as the child’s age, where the children wish to live, and other factors.

Child custody is a very complex process and to ensure that your child’s rights and your rights are protected, you must contact an experienced child custody lawyer. Consult with The Fetty Firm today.

 

 

Custody Attorney | Child Custody Lawyer | Custody Lawyers

Child Support Modification

Leave a comment

Child Support Modification

Clients commonly express concern to regarding possible changes to their income during a divorce in relation to their obligations to pay child support. What I usually tell them is in general after a divorce property issues are done. However, under the law of Texas child issues are generally not done until after the child graduates high school or turns 18 whichever comes later.

Basically this means that child support law was written with the understanding that the person responsible for paying child support’s financial situation may change. Jobs change. Life changes. Situations shift.

When these changes happen,  a person is allowed file a “Petition to Modify” the child support order on the basis that there has been a “substantial change in circumstance”

Possible reasons for a substantial change in circumstance may include:

  1. a serious illness
  2. change in employment, or
  3. even being deployed in the military

It is good for a client to know they have these options

When to Modify Child Support

Something parents should keep in mind is that child support is not supposed to be a bad thing, revenge or a form of punishment. Child support serves a real purpose to serve real needs of the child.

Another consideration when deciding whether to file for a modification should be a cost benefit analysis on whether it is worth it financially or emotionally. For example, if you file:

  1. The other parent may file asking for a change of their own for something else
  2. If you hire an attorney it’s going to cost, your money to get the change and if the difference in child support is not very much then you may be spending $2000 to get $40 extra dollars a month.
  3. Alternatively, if you go through the Office of the Attorney General’s office you may get the State of Texas to handle the modification for you for free. However, this may take a very long time to get them to Act. If the change is substantial, then it is probably worth hiring an attorney to get the change done quicker.

Tarrant County Child Support Modification Attorneys

The Fetty Firm, PC is dedicated to helping you and your family find the solution that works best for everyone. We understand things may have changed from the time child support decision was made, and we will work to promote the best interests of you and your child in the modification of the child support order.

The Duty to Support

In Texas, parents have the legal obligation to support their children until the child reaches the age of 18, or until the child stops going to high school whichever is later.

If your child was disabled before his or her 18th birthday, that duty will extend into adulthood. This duty to support does not apply to children who are self-supporting, living away from home (if over the age of 16) or married. If the parent who pays child support dies, the obligation to pay does not die with him, but will accelerate and be due immediately from his or her estate.

You may not stop paying your child support simply because you believe the amount is too much, or because you have been denied visitation with your child. In both cases, there are legal remedies available to you, and you should talk to a lawyer.

Likewise, filing for bankruptcy will not relieve you of your duty to pay child support. Even if your debts are discharged, you must continue to pay child support.

How Child Support Amounts are Determined

The amount of child support you will pay is determined by the court under statutory guidelines. The court is required to look at the following 5 factors when deciding how much child support is appropriate:

  1. The statutory guidelines
  2. The needs of the child
  3. The ability of the parents to support the child
  4. Any other resources available to support the child
  5. The amount of access to the child the parent has

The statutory guidelines are somewhat complicated. The amount of child support recommended by the statute is a fixed percentage of the parent’s “net resources”, taking into account the number of children involved. For example, a parent will pay 20% of his net resources in child support if he has one child, but he will pay 40% if he has five. The law presumes that the statutory guidelines are reasonable and in the child’s best interest.

A parent’s “net resources” include all of their income, minus some deductions for things like FICA, income tax and health insurance costs for the children. Net resources are capped. That cap can change every few years. Even if you make more than that amount, the court will not order additional support unless the child has special needs or extraordinary circumstances exist.

Your attorney can review your child support obligations and finances with you to determine whether the statutory guidelines were applied correctly in your case.

Modification of the Support Order

There are two circumstances where the support order might be modified. First, if the circumstances of either parent or the child have changed, the court may modify the order.

Some examples of changes of circumstance which might warrant a modification include:

  1. Release from prison
  2. Serious illness or injury
  3. The birth or adoption of another child
  4. Deployment or being called to Active Duty

Second, the court may modify the order if it is not in line with the statutory guidelines. However, the order will only be modified if three years have elapsed since the order was entered, and the amount of support differs from the guidelines by either 20% or $100.

Either parent may file a Motion to Modify the Support Order with the court.

 

Contact Rashelle Fetty and The Fetty Firm at (214) 546-5746 to for more information.

Power Outages, Custody and Texas Family Law

Leave a comment

Many parents are suffering through some of the hardest times right now with Winter Storm Uri. It is not easy to balance work, a pandemic, and a weather crisis with attempting to be the best parent possible. Below will be some tips about how to handle this crisis and how it plays into Texas Family Law. Let The Fetty Firm help you through this troubling time.

Be Proactive

First, it is possible to add language into a decree that allows for make up time or disaster plans. The Standard Possession Order generally plays off the the holidays and school days. In your Final Divorce Decree you may want to put in variations for what happens if either parent loses power, loses water, or is unable to travel due to weather conditions.

Communicate

Most of you are reading this or searching about this because you did not have it in your decree. That’s okay. Want to know the best thing that you can do for your children? Communicate. You should have open, amicable discussions about custody and what should be done for the best interest of the children during this time.

Do not hide any conditions that may pose a possible harm to your child’s life. Be upfront. Remember the point is to protect your child.

Miss time? Need an Attorney?

If communication or amicable discussions are not working, you can seek an attorney during this time to possibly make up missed parenting time as a result of bad weather. Seek out The Fetty Firm with what can be done to help you.

 

If you’re working on a decree or agreement or your parenting time / custody has been impacted contact Tarrant Custody Law Firm : The Fetty Firm.