Family Law Services from Our Compassionate Team
The Mohr Law Firm, PLLC in San Antonio, Texas, handles cases ranging from uncontested divorce to complex property disputes and difficult child custody problems. As Family Law Attorney’s, we aim for a cost-effective resolution of your case as well as defending your legal position in high conflict litigation battle through final resolution if necessary. Let our family lawyer’s help you with your family’s legal issues.
DIVORCE & PROPERTY
Our Divorce Attorney’s can help you navigate the complex legal issues concerning property and debt. We strive to work with our clients concerning all of their complex property and debt issues so that an equitable division of property and debts will be awarded appropriately. Our Divorce Lawyer’s are ready to take your call now.
CHILD CUSTODY, CHILDREN & DIVORCE
The quality and amount of time you spend with your children is very important. This is often a highly contested and stressful subject to work out with the other parent when going through a divorce. If visitation and access to the children have been denied or child support is unpaid, an enforcement action can be filed to enforce a court order. Three big issues concerning the children in a divorce are:
- Conservatorship—issues concern the rights and duties of the parents in relation to the child. Health, education, religious upbringing, discipline, and children’s property are some of the issues addressed in conservatorship. Two of the most important conservatorship issues to parents are the right to set the primary residence of the children and the geographic restrictions on the primary residence of the children.
- Possession & Access—issues concern when and how each parent gets access to their children. Possession and access schedules typically include holidays, weekday visits while school is in session, electronic communications including telephonic access, and child exchange locations. The Standard Possession Schedule can be found in the Texas Family Code.
- Child Support—issues concern payments by the parents for the benefit of the children. The Texas Family Code sets out the guideline child support amounts which are fairly standard for the majority of cases. A Court may deviate from the guidelines but must make findings for the reasons why it deviates from setting child support at a guideline amount.
Our child custody attorneys are ready to help your family now.
MODIFICATION OF A CHILD CUSTODY ORDER
If your life circumstances have changed and the current arrangements for child visitation or child support obligations need to change to accommodate this lifestyle, you may need to renegotiate your Parent-Child Relationship agreement. If you need help navigating the complex child custody laws and how they affect your circumstances, please give us a call. We also help with probate law, including guardianship and estate distribution.
Taking on the legal responsibility as a parent of a child that is not biologically their own.
ALIMONY / SPOUSAL SUPPORT
A regular payment to the spouse to provide support during/ after court proceedings of divorce is called Alimony or Spousal Support. The purpose is to limit any unfair economic effects of the divorce or to help the spouse maintain the standard of living they had during the marriage.
DEFINING CHILD CUSTODY
Child custody describes the legal and practical relationship between a parent and their child, as far as making decisions and the duty to care for the child. Deciding where the child will reside and with which parent is based on the best interest of the child.
Contribution to the cost of living for a child made by a non-custodial parent, failure to oblige with child support ordered by the judge can result in punishment.
CLARIFICATION OF THE PROPERTY DIVISION IN DIVORCE
The court may render further orders to enforce the division of property made or approved in the decree of divorce or annulment to assist in the implementation of or to clarify the prior order. The court may specify more precisely the manner of effecting the property division previously made or approved if the substantive division of property is not altered or changed.
DIVORCE / CONTESTED / UNCONTESTED
A contested divorce is when both parties cannot come to an agreement about the divorce beginning with the filing of divorce to the distribution of properties and many other factors. An uncontested divorce is when both parties are in agreement of filing for divorce and have no existing disagreements.
Enforcement is the term for proceedings that are brought to force a person to obey a court order. Factors that are enforced are child support, visitation, division of property and post divorcee spousal alimony.
GRANDPARENT AND SIBLING POSSESSION AND ACCESS
Grandparent access can be awarded under certain conditions to a child’s siblings and grandparents. The United States Supreme Court addressed this issue in Troxel v. Granville, a case out of Washington State. While the Court in that case refused to address whether the law in other States than Washington State had laws that were unconstitutional, the US Supreme Court was clear that parents are given deference for custody of their children. Our laws in Texas are narrowly tailored to protect the parent child relationship between parents and their children, but still making access to the child by the Grandparents and siblings available if it is in the best interest of the child.
MARITAL SETTLEMENT AGREEMENTS
Clarifies the terms of the divorce and the relationship between the two spouses after the divorce. Covered in the agreement are property division, child custody, child plans, debt division, spousal support and any other relevant issues related to the divorce.
Mediation is the attempt to settle a dispute between both parties to agree on fair terms, if the mediation is successful it can result in an early settlement.
MILITARY DIVORCE & MILITARY PROPERTY
When one of the parties is active military there are a set of laws, under the Civil Service Members Act, to protect active duty military members against being held in default from failing to respond to a divorce action. There are also special provisions in the Texas Family code to protect Service Members against changes to the custody orders while Service Members are deployed. There are also special circumstances concerning retirement and division of retirement in a divorce that need to be considered in a divorce suit. Military disability gets special treatment in a suit for divorce, but is still counted towards a net monthly earnings in a child support calculation.
The legal relationship between the father and his child, determining his rights with regards to a divorce or custody issue.
Establishes the property and financial rights of each spouse in the event of a divorce, before the marriage takes place. Protects the assets of a spouse.
PROPERTY – SEPARATE PROPERTY DIVISION
The division of property during a divorce where each spouse keeps his or her half of the property.
PROPERTY – COMMUNITY PROPERTY DIVISION
Assets and earnings accumulated during marriage are divided equitably and fairly, but not necessarily equally.
Contact Mohr Law
South Texas Office
Justice League Property
3030 Nacogdoches Rd., Suite 222-H
San Antonio, Texas 78217
Office: (210) 212-7589
North Texas Office
Cedar Ridge Building
950 East State Highway 114, Suite 160
Southlake, Texas 76092
Office: (817) 345-3637