Category: Ft. Worth Divorce Attorney

Child Custody in Texas

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Child Custody in Texas – Divorce

When dealing with Child Custody Legal Consultation, you should never compromise on quality. Child custody cases are very complex and sensitive cases that require experience and knowledgable law services. So if you are currently in the midst of a child custody case in or near Tarrant County, then your best bet is to contact The Fetty Firm P.C. today. With our experienced and Texas-born attorney Rashelle Fetty, you are guaranteed to get knowledgeable law services from one of the leading law firms in North Texas. Our firm will get you big firm results with the personal and relatable care and attention of a small firm.

Child Custody Law Services

Child Custody Legal Consultation

Family law matters are very tedious and uncomfortable affairs. The process of child custody cases is extensive, lengthy, and just difficult overall. Usually, the best way to handle these types of cases is with the services of an experienced and trusted law firm. With Rashelle Fetty, you’ll receive the services of an attorney with vast knowledge on Texas Family Law. Additionally, Ms. Fetty always puts clients as her first priority. When you work with The Fetty Firm, you will receive our full commitment and effort to ensure that you get the best settlement possible. Contact us today to learn more about our services and why we are a leading law firm.

Child Custody Legal Consultation

Rashelle Fetty understands how difficult it can be to handle child custody cases as she has dealt with these types of cases for years. One of our goals is to make sure your child’s welfare is secured. With us on your side, we’ll do everything in our power to make sure that your child and your rights as a parent are protected.

Colleyville TX Child Custody Lawyer

Expert Family Lawyer Services in Tarrant County

Knowing your options is very important when dealing with family law matters. As a result, Ms.Fetty always explains each type of custody that is available. You’ll receive a thorough explanation of the four types of custody: Joint, sole, temporary, and split custody. For more information on the ins and outs of child custody cases, contact The Fetty Firm P.C. today. You can get in touch with us by calling (214) 546-5746 or clicking here. Furthermore, if you wish to learn more about our firm and our Child Custody Legal Consultation services, click here.

What is joint custody in Texas? What is sole custody?

In Texas, courts divide child custody issues into two different categories: conservatorship and possession & access. There is no real “full custody” in Texas because the courts look at custody as two separate things.

Conservatorship is the rights and duties of the parents. Conservatorship can be done in different ways, including allowing one parent to make all the decisions (Sole Managing Conservatorship) or allowing both parents to jointly make the decisions (Joint Managing Conservatorship).

Possession and access refers to when the parents have physical custody of the children or when they can visit with the children. Texas has two statutory possession and access schedules: standard and extended standard. These schedules dictate the time each parent spends with the child.

However, the parties can agree on different possession and access schedules based on their needs or the court can order a different possession and access schedule based on the best interest of the child.

If you’re wanting to consult with The Fetty Firm, P.C., go ahead and give us a call for your Child Custody in Texas – Divorce issues.

Child Support Modification

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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.

Metroplex Divorce Lawyer

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Metroplex Divorce Attorney

As unfortunate as divorces can be, the fact is that they are common occurrences. Simply put, sometimes things just don’t work out. Regardless of the reason for the divorce, these types of cases can be stressful, painful, and quite complex. If you live in or near Tarrant County and are seeking an experienced divorce attorney, turn to Rashelle Fetty and The Fetty Firm. We have vast experience in various types of divorce cases and will work diligently to advocate for your best interests. With The Fetty Firm, you can expect a great work ethic as we aim to get you the best divorce settlement possible. There are many Metroplex Divorce Attorneys, trust us.

General Overview of Divorce in Texas

General Overview of Divorce in Texas

Our sole attorney, Rashelle Fetty, founded The Fetty Firm 6+ years ago and has helped countless clients as they navigate the oftentimes complex divorce process. Additionally, we have experience with clients dealing with cases such as child custody, child support, and spousal support. Above all, our goal is to provide compassionate and understanding support to all of our clients. Contact us at your earliest convenience to learn more about why we’re a leading firm in North Texas.

Overview of Divorces in the State of Texas

If you’re in the process of getting a divorce, you should aim to acquire the services of an experienced law firm. We’ve assisted countless clients in navigating complex and high-conflict divorce litigation. Here are some of the aspects of divorce we can help you with:

  • Comprehensive Divorce Planning
  • Uncontested and contested divorce cases
  • High-asset/high net worth cases
  • Marriage Annulment
  • Much more
Great Divorce Planning

Comprehensive Divorce Planning

There are some things you should keep in mind when divorcing in Texas. For one, grounds for divorce in Texas include:

  • Adultery
  • Three years of confinement for incurable insanity
  • Felony conviction and imprisonment for over one year
  • Cruel and inhumane treatment
  • Insupportability

The divorce process can be very lengthy. Some cases can wrap up in as little as 2-3 months. However, some cases can take up as much as 18-24 months. The length of the process depends on factors such as the complexities of the case and the level of disagreement. In the state of Texas, legal separation is not recognized by the courts. As such, even if a married couple “separate,” any property or debt acquired while married is still considered community property and debt. In divorce cases, the best bet is to have an experienced family law attorney by your side. Contact Rashelle Fetty and The Fetty Firm at (214) 546-5746 to for more information.

Metroplex Divorce Attorney