Areas of Family Law Practice
HOUSTON DIVORCE PLANNING LAWYERS
If you have made the decision to end your marriage, there are many important items to consider in order to protect your interests well before the divorce petition is filed. The experienced attorneys of Bill De La Garza & Associates, P.C. will help you envision life beyond divorce and position you to stand your ground on key matters along the path to a fair, practical and timely dissolution.
If you are the spouse who has been served with divorce papers, it is even more important to seek counsel and take action right away. We can step in quickly to turn you around from reacting on the defensive to taking proactive steps to protect your and your children’s rights beginning immediately.
Sophisticated Counsel Before You Dive In
Our legal team has more than 80 years of combined experience. We will explain your rights and what to expect through every phase of the divorce process, so that you can make informed decisions before and during these critical proceedings.
Our attorneys have handled courtroom fights over multimillion-dollar estates and high-stakes custody disputes. But our philosophy is to avoid unnecessary litigation through advance planning. We pick our battles to fight for what’s truly important as we simultaneously work with you to:
- Understand your rights and the timeline of divorce
- Discover what you have in terms of total joint assets
- Identify your goals for division of property and custody of children
- Understand how the court would rule or what the judge will approve
Preparing for Temporary Orders — A divorce lawsuit is initiated when one person files the divorce action and either serves his or her spouse with notice of the suit or provides a document entitled a Waiver of Service. A hearing to establish temporary orders may be held as soon as three days after the responding spouse is served with the suit.
This hearing requires prompt consideration. Temporary orders will most likely be in effect until the divorce is finalized, covering such matters as:
- Child custody and visitation
- Child support and interim spousal support
- Possession of the house, vehicles and other property
- Control of bank accounts and other financial assets
- Responsibility for paying certain bills
- No-contact orders and injunctions
We thoroughly prepare you for the hearing and the ramifications once a divorce is under way. Is the other spouse hiding money, assets or important papers? How do you break the news to the kids? Is there a prenuptial agreement and will it hold up in court? Is either spouse seeking to relocate the children?
Preparing for Divorce Proceedings — If you and your spouse agree on every detail of property division, children and financial support, uncontested divorce is an option. But for most couples, marital assets are too complex and intertwined to simply divide by two and go your separate ways.
There will be a formal discovery process to verify income and sort out marital property from separate property. Mediation will most likely be required by the court. If we cannot reach an agreement on property or custody, a judge will make the call after a contested hearing. We make it our regular business to arm you with the knowledge necessary to keep you well-informed. Knowledge is power.
Texas Divorce Asset Protection Lawyers
Divorce planning is ongoing. As events unfold, we work with you to adjust strategies so that you remain in control of the outcome to the maximum extent possible. Contact our Houston divorce planning attorneys at (281) 486-7007 or by email to arrange your initial consultation.
HOUSTON HIGH NET WORTH DIVORCE LAWYERS
No Stranger to High-Stakes, High-Profile Divorces
With more than 80 years of combined experience in the divorce wars, our Houston attorneys have earned reputations as powerful advocates for our clients. We are persuasive in negotiations and formidable in litigation, with preparation the key to success either way.
The complex issues in dividing a large marital estate do not necessarily equate to a long, expensive fight. Our law firm excels at practical and discreet settlements.
Bill De La Garza & Associates, P.C. has handled high net worth divorces in Harris County, Galveston County and surrounding counties in Texas. We have represented business owners, corporate executives, professionals, athletes and other high earners, as well as the lesser-earning spouse or the spouse who has not worked outside the home.
Houston High Net Worth Divorce Attorneys
With Texas being a community property state, Texas judges have a fairly wide range of options to choose from when deciding how to divide the community estate. Community property does not necessarily mean 50-50.
So the challenge is not whether the estate will be divided, but how we can gain an accurate picture of the total estate so that we can fight for the distribution of the estate that best serves the interests of our client. Fortunately, our team has extensive experience in business valuations and other complex property division.
It is easy to be consumed by wrangling over particular possessions or maneuvering to punish the other spouse. Our legal team is skilled at working with you to help you focus on the significant legal issues involved in your case:
- What separate property is owned by the client that, by law, cannot be awarded to the other spouse?
- Is there a prenuptial agreement and is it enforceable?
- Does the income disparity between the spouses put alimony in play?
- Is the other spouse hiding assets or downplaying income?
- Were marital assets expended on an extramarital affair (gifts, travel, housing, etc.)?
- Will one party stay in the main residence or must it be sold?
- Can the two of you work this out, or is litigation inevitable?
Our goal is a fair settlement that lets you move on in solid financial shape. We have a network of valuation experts, forensic accountants, tax specialists and other professionals who help us to protect your interests. Our firm and our experts also strongly emphasize discretion; we understand that many of our high net worth clients wish to keep their divorce as low-profile as possible.
Texas Divorce Asset Protection Lawyers
You do have control over the outcome of your divorce, even with considerable assets at stake. Call (281) 486-7007 or contact us online to arrange a consultation.
HOUSTON DIVORCE PROPERTY DIVISION LAWYERS
Creative Solutions to Complex Property Division
If you have been married any length of time, you and your spouse have probably acquired wealth and debts that must be divided in accordance with the community property laws of Texas. There are complicated issues involved with splitting any marital estate and there are many ways that your rights could be unnecessarily infringed or even forfeited without experienced counsel by your side.
The Houston divorce lawyers of Bill De La Garza & Associates, P.C. have extensive experience in complex property division. From multimillion-dollar estates with diverse assets to the more typical couple with a house and a retirement nest egg, we work to protect your fair share and find a practical solution to splitting your commingled wealth. Arrange a consultation today.
Texas Marital Asset Protection Lawyers
Our legal team has more than 80 years of combined experience. We are skilled at identifying all assets that comprise the marital estate, accurately valuing those assets, and suggesting creative ways to divide the assets to the best advantage of our clients.
Our high net worth clients can especially benefit from our proven capacity for resolving complex issues such as:
- Identifying separate property
- Valuation of a corporation, closely held business or other entity
- Tracing hidden assets or true income
- Disposition of the marital home (stay and refinance? sell and divide the proceeds?)
- Dividing retirement assets — 401(k), IRAs, pensions and other qualified plans
- Value of stock options, employment benefits and fringe benefits
- Distribution of joint debts
- Vehicles, real estate, furnishings, pets and other community property
We use tracing experts and forensic accountants if spouses are not forthcoming about income, separate accounts or assets under their control, or if there is question about the characterization of assets as separate versus community property. We also work with business valuation experts to put a dollar value on an ownership stake for purposes of divorce.
Once all assets are accounted for and a net worth is determined, we can engage in the creative trading and offsets to arrive at a settlement. Even here, there are important questions and issues: Is there a premarital agreement that trumps community property law? Would spousal support (alimony) be awarded and if so what form will it take? Is one spouse in a better position to take on debts in exchange for a greater share of other assets?
When these complicated issues must be decided by a judge, we strive to keep litigation focused to control costs and stay on track for an efficient resolution.
Houston Divorce Property Division Attorneys
Call (281) 486-7007 or email us to schedule a consultation. We are committed to fighting for your rightful share and helping you focus on your long-term best interest.
HOUSTON DIVORCE BUSINESS VALUATION LAWYERS
Valuing Ownership Stake in a Company
If one party in divorce is an owner or shareholder of a business, it raises significant issues for the division of marital property. What is the value of the company or partnership? What share is the spouse entitled to? How does the foregoing factor into asset division without disrupting the business?
Our team of Houston divorce lawyers is well-versed in these complex issues. We represent business owners and partners in Harris, Galveston and contiguous counties in Texas, or the non-owner spouse who deserves consideration for his or her share of the ownership stake. Arrange a consultation today.
Houston Divorce Business Valuation Attorneys
We work closely with business valuation experts to zero in on the key issues that will result in a practical resolution:
- What is the market value of the business? We are familiar with all the factors, and we can counter or reconcile competing valuations by the other spouse’s experts.
- What is the ownership structure, and what is the liquidity of the owner’s stake?Would the business survive a buyout? Could the spouse be cut in for a non-voting share?
- What is the community property portion? Did the owner spouse inherit a family business or start the company before marriage? Were marital funds invested in the business during the course of the marriage? Was the spouse involved in operations?
- What are the options for offsetting the value? The other spouse might get a greater share of retirement savings, equity in the house, more alimony or absolution from joint debts. We work for the solution that makes the best long-term sense for our client.
Texas Marital Property Valuation Lawyers
We have handled practically every type of closely held business in our divorce cases: professional associations (physician practices, law firms, etc.), sole proprietorships, partnerships, LLCs and family-owned businesses. We can capably address all complex property division issues to protect our client and the business entity.
Call (281) 486-7007 or email us to schedule a consultation at our Houston office.
HOUSTON DIVORCE PROPERTY DIVISION LAWYERS
Confirming or Challenging Separate Property in Divorce
Texas is a community property state. The court starts with the assumption that all assets at the time of divorce are joint property subject to division. The burden of proof is on a spouse to prove that an asset is separate property and, therefore, not subject to division by the court.
The law firm of Bill De La Garza & Associates, P.C. is effective in negotiation or litigation of separate property disputes. We can represent either party in divorce to convince the court that certain assets are separate from the estate, or in contesting separate property status when those assets would deprive our client of a substantial portion of their rightful distribution.
We handle all complex property division matters, serving high net worth clients, business owners and other divorcing parties in Greater Houston, Harris County, Galveston County and surrounding communities in Texas. Schedule your appointment today.
Texas Divorce Asset Protection Lawyers
Whether you are asserting or challenging separate property, our legal team is a powerful ally for your cause. We bring more than 80 years of combined legal experience to the complicated issue of characterizing the nature of assets.
In general, separate property is (a) anything owned prior to marriage, (b) inheritance or gifts to one party during marriage or (c) proceeds of a personal injury lawsuit. But it is not always black and white.
There are also many scenarios in which property is a combination of separate and community property and, therefore, is still subject to being divided or in which a spouse may be entitled to partial consideration:
- Commingled assets: If separate property accounts are combined, or if community assets were used to purchase or enhance a separate asset, the court may very well be considering reimbursement claims and co-mingling issues. Examples might include an addition to the house or investment of marital funds in a closely held business.
- Increase in value: The portion of a separate asset that increased in value during marriage, such as a pension or 401(k), would most likely be subject to community property laws.
- Title to property: If a spouse’s name was added to the title of the other spouse’s separate property home or other property (a refinancing, for instance), Texas law presumes that the added spouse is entitled to an equity interest in that asset at divorce. Conversely, buying property in your name only during marriage does not make it separate property.
- Tracing: If documentation cannot be obtained or produced that identifies the transfers and transactions involving certain separate property, the court can rule that the “non-traceable” asset is community property.
- Premarital and marital agreements: Assets identified in marital contracts may override the community property assumption, and these agreements can be challenged.
We have a network of tracing experts and forensic accountants who can support either position regarding separate property — proving that it belongs to you alone or that it should go into the marital pot as part of the overall distribution of the estate.
Questions About Marital Property? Contact Our Houston Divorce Property Division Attorneys.
Our legal team is prepared to go to trial when these issues cannot be resolved, if it makes financial sense to do so. Call us at (281) 486-7007 to arrange a time to discuss separate property and all aspects of divorce planning.
HOUSTON PREMARITAL AGREEMENT LAWYERS
Prenuptial and Post-Marital Agreements
The very idea of having a premarital agreement may be distasteful to some, as if they are preparing for divorce before they are even married. Judging many instances, however, a premarital agreement allows the future spouses to determine via contract what would otherwise be left up to the law and a judge.
The law firm of Bill De La Garza & Associates, P.C. provides experienced counsel for drafting, review, negotiating and, if necessary, litigation of premarital and post-marital agreements. Based in Houston, we have drawn prenuptial agreements for clients throughout Harris County and surrounding counties in Texas. Arrange a consultation today.
Texas Marital Contract Lawyers
With more than 80 years of combined legal experience, our Houston premarital agreement attorneys can relate countless examples of how these types of agreements have protected our clients when the marriage ended. We can likewise tick off many scenarios in which a simple “prenup” would have avoided expensive, protracted and uncertain divorce litigation.
A premarital agreement (prenuptial agreement) identifies separate property that each spouse brings to the marriage, and may contain other stipulations for how assets are to be divided in the event the marriage is dissolved by divorce. Similarly, a marital agreement(post-marital agreement) can address each of these issues at any time during a marriage.
While we advise many high net worth clients, one does not have to be “rich” to benefit from a premarital agreement. There are many scenarios in which a marital contract should be considered:
- You both own significant assets and want to keep them separate.
- One of you is launching a business or high-earning career.
- You are the one marrying into wealth and don’t want to be cut off with nothing.
- This is your second marriage and you want to protect assets and inheritance for children from the first.
Our attorneys personalize your prenuptial/postnuptial agreement to your circumstances. It could address all assets or focus only on your ownership stake in a business. It might stipulate terms of alimony or a lump-sum settlement, or dictate arbitration of any disputes. The terms of such a contract are infinitely diverse, including provisions that could vary depending on the length of the marriage. While prenuptial agreement cannot be determined by contract what child support or custody will be in the event of divorce, the sky is the limit regarding agreements that can be reached toward the creative, thoughtful structuring of marital assets.
Enforcement of Marital Agreements
We work carefully to ensure that a prenuptial agreement will hold up in court. In general, it should stand if the language is unambiguous, the terms are not patently unfair and the contract is not signed under duress. (Springing a prenuptial ultimatum the night before the wedding is legally a bad idea, but it happens from time-to-time, nonetheless.)
Our lawyers have defended premarital agreements and successfully challenged them. We can also review a contract that has been presented to you and advise on whether it is in your best interests to sign it.
Call us at (281) 486-7007 or contact us online to schedule a consultation.
HOUSTON CONTESTED CHILD CUSTODY LAWYERS
Resolving Child Custody and Visitation Disputes
The problem is as old as divorce itself — parents at odds over “custody” of their children. The Texas Legislature has tried to shift the focus from children as possessions that one party can “win” to an approach that centers on both parents spending time with the child.
But what if you and the other parent simply cannot come to agreement on what is in the best interests of your children? What if the other parent is bogged down in an unhealthy mindset or actively sabotaging your relationship with your child?
At Bill De La Garza & Associates, P.C., we are determined to find those sometimes elusive co-parenting solutions. We aim for a practical parenting schedule that works for mom, dad and the children. Our firm employs formidable litigators when those “practical” avenues have been exhausted and there is no option but to have the court rule on custody.
Texas Custody Dispute Lawyers
Our legal team has more than 80 years of combined experience. We strive to avoid a custody tug of war and to keep the focus on the needs of the child, no matter how the adults feel about each other, but such is not always possible.
We make it our business to fully inform you of your rights and duties as a parent under Texas law and to provide our expert advice on every aspect of your case that requires attention:
- Traditional custody and visitation — A standard possession order in Texas means the child lives “primarily” with one parent, with the other parent having possession and access on alternate weekends, some evenings mid-week during the school year, and extra time for summers and holidays.
- Shared custody — The child spends equal or nearly equal time with each parent, without the labels of “primary conservator” and “non-custodial parent.”
- Something in between — We excel at creative, lasting solutions that factor in parents’ work schedules, the child’s activities and other realities. It could be a modification of standard custody that gives more “face time” with the child or a variation on shared custody that limits the bouncing back and forth between two households.
| Sole custody is granted more rarely, and typically only upon the introduction of substantiated evidence of the other parent’s abuse, neglect or other endangerment to the child’s well-being. |
Houston Contested Child Custody Attorneys
Upon a filing for divorce, a court will issue a temporary custody order upon the request of either party. We make sure our clients are prepared for this critical hearing. Our family law judges are required by law to first consider that the current status quo will continue while the divorce is pending, i.e., who has been the primary caregiver of the children.
If parents cannot agree on a long-term parenting plan, the matter will be left to the discretion of a judge pursuant to formal contested proceedings. The court may appoint an amicus attorney to advise the court on the best interests of the child, and may order a forensic psychologist to conduct a custody evaluation of both parents. The judge may also consider an older child’s preference regarding placement.
After initial custody has been determined, we can also step in to modify custody, to enforce visitation or to represent either parent in petitions to relocate the children.
Engaged in a Custody Battle? Seek Help Today.
Call us at (281) 486-7007 or email us to arrange a consultation at our Houston office.
HOUSTON POST-DIVORCE MODIFICATIONS LAWYERS
Modifying Child Custody or Child Support Orders
It is not at all unusual for divorced parents to find new relationships and to remarry. Parents find new jobs and get laid off from jobs. Further, children’s needs necessarily change as they grow older. Sometimes these inevitable changes require going back to court to revisit the court orders issued at the time of divorce.
The family law attorneys of Bill De La Garza & Associates, P.C. represent parents in post-decree modifications of orders relating to custody, visitation or financial support. Our Houston law practice serves clients throughout Harris County as well as Galveston County and surrounding counties in Texas.
You will need strong, knowledgeable advocacy to assert a change or defend against a modification that is hostile to your interests or the best interests of your child. Arrange a consultation today.
Texas Child Support Modification Lawyers
There must be a substantial change in circumstances to modify child support from what was previously ordered. This “change in circumstances” can take myriad forms, just a few of which are:
- The paying parent is earning more.
- The paying parent is out of work and can’t meet support obligations.
- The child has special needs necessitating an increase in support.
- The child has reached age 18 or is no longer living with the recipient parent.
- The recipient parent believes the paying parent is underreporting income.
We have experience in justifying or challenging these petitions, and can call on forensic accounts if necessary to prove the truth.
Custody or Visitation Modification
Our legal team has more than 80 years of combined experience handling many issues, including high-profile custody disputes and contested hearings to modify custody. We can step in to represent the primary conservator parent or the non-custodial parent in any scenario:
- Requests to relocate children (beyond the Houston area or out of state)
- Petitions for sole custody (abuse, neglect, drug use, criminal activity, mental illness)
- Reversal of custody (a teen who wants to live with the other parent)
- Substantial modifications of the parenting schedule
The court’s standard is a substantial change in circumstances and a solution that is in the best interests of the child. We can present a petition to the court if both parents are in agreement about the change. We are also prepared to vigorously argue your position and to bring in professionals as necessary (child psychologists, social workers, amicus attorneys) in contested modifications.
Call us at (281) 486-7007 or email our Houston divorce modification attorneys to discuss your rights, your options and where you stand.
HOUSTON COURT ORDER ENFORCEMENT LAWYERS
Enforcement of Visitation Rights or Unpaid Child Support
The family court judges of Texas take a dim view of parents who openly defy their orders. Failing to pay child support or interfering with parenting time can result in a finding by the court that the person is in “contempt of court,” and the consequences have real teeth — potentially including time in jail.
One of our Houston family law attorneys can require the presence of the other parent in court to answer to serious violations or ongoing defiance of any court order relating to custody, financial support and/or terms of possession and access, among other items. We often and where warranted will request that the court impose harsh sanctions to force compliance and deter future violations.
Contact Bill De La Garza & Associates, P.C. at 888-707-0064 if you need enforcement of an existing order. We practice in Harris County, Galveston County and surrounding Texas jurisdictions.
| Unjustly Accused of Violating an Order? Our attorneys are masters at defending against contempt charges. We have been persuasive in getting unfounded cases of interfering with custody or willful failure to pay support kicked out of court. We can also represent those clients in seeking modification of child support when they are unable to pay because of involuntary unemployment or other hardship. |
Houston Court Order Enforcement Attorneys
Many portions of the orders issuing from family courts in Texas can result in contempt of court proceedings when the orders are violated. Just a few of such instances include:
- Failure to pay child support or provide health insurance
- Failure to pay spousal support (alimony enforcement)
- Not allowing child visitation
- Failure to return the child after a visit or returning the child several hours late
- Relocating without permission of the court
Judges have broad power to enforce orders once the person is found in contempt. Sanctions on the lighter side can include garnishment of wages, make-up visitation time and awarding of attorneys fees. For more serious cases or continued defiance, the judge can put the person in jail or award primary custody to the aggrieved parent.
Texas Child Support Enforcement Lawyers
If the other parent is not respecting your parental rights or not adhering to a court order,contact us today for prompt action on your behalf.
HOUSTON PARENTAL RELOCATION LAWYERS
Relocating a Child Requires Permission of the Court
Few issues cause as much friction as when one parent seeks to move away with the children. Outside very limited circumstances, only the family court that has jurisdiction over the original custody decree can grant a parent the right to relocate with his or her child. As one might imagine, the matter is often hotly contested.
You want an attorney from the law firm of Bill De La Garza & Associates, P.C. on your side during a hearing over custodial parent relocation. With more than 80 years of combined legal experience, our legal team has successfully represented mothers and fathers on either side of the issue — to gain approval for relocating children or to prevent a custodial parent from doing so.
The Houston law firm of Bill De La Garza & Associates, P.C. handles all child custody matters in Harris County, Galveston County and adjoining jurisdictions in Texas. Call today at (281) 486-7007 for the skilled advocacy you will need.
Texas Parental Move-Away Lawyers
Most custody agreements contain a residency restriction that limits how far away a parent can move without court approval. A primary conservator parent in Houston would typically be limited to residing within Harris County and contiguous counties. The courts in Texas are required to either state what the geographical residence of the child will be OR that there is no geographical restriction on the residence of the child. The current trend in the nation, and in Texas, is to keep children close to both parents when at all possible.
Overcoming a residency restriction is a tall order. The burden is on the relocating parent to prove that the move is in the best interests of the child and will not unduly affect the bond between the child and the parent left behind. The farther away the move, the more skeptical the judge will be.
Our lawyers have prevailed both ways in litigation. We have represented the move-away parent, demonstrating that the child would benefit from better schools, the parent’s better job or a family support network. We have also represented the non-primary parent, arguing that the child would be isolated or have fewer opportunities, or that the real reason for the move is to deprive our client of the parental relationship.
Houston Parental Relocation Attorneys
Contact us today to arrange a consultation to discuss your rights and how we can protect what is best for your child.
HOUSTON GRANDPARENTS’ RIGHTS LAWYERS
Grandparents’ and Non-Parents’ Rights
When parents divorce or split up, the grandparents and other relatives sometimes find themselves cut off from their grandchildren. Even when parents are together, they may decide not to grant access to Grandma and Grandpa.
Texas law does not recognize grandparents’ rights as such, and a landmark decision by the U.S. Supreme Court in 2000 further undermined their legal standing to sue for visitation or custody. However, Texas courts have interpreted the ruling as allowing grandparents and other non-parents to maintain access in certain scenarios.
If you are not being allowed to see the grandchildren who have been such a big part of your life, contact the Houston family law attorneys of Bill De La Garza & Associates, P.C. We are sympathetic to your plight and will exhaust our legal recourse to fight for you to be able to spend time with your grandchildren again.
Texas Grandparent Visitation Lawyers
A typical scenario we see is a divorced parent who has been granted primary or sole custody, who then proceeds to systematically cut the other parents relatives, often the grandparents and other family members, out of the picture. Unfortunately for grandparents and other family members who are being excluded from seeing the children they love, the United States Supreme Court ruled that parents are within their rights to grant or refuse access to whomever they wish, whether family or not.
However, please know that there are myriad exceptions to this law. The lawyers at our firm intimately understand how to identify these more unique scenarios and “loopholes” so that you can see the children who have formerly been involved in your life. You may have standing to petition for visitation or custody of a grandchild if:
- The parent previously allowed visitation and it is not in the best interest of the child to be excluded from seeing the relative or caregiver.
- The child lived with you for a time because the parents were absent or unfit.
- The child’s welfare is in danger because of the custodial parent’s addiction, mental illness, abuse/neglect or domestic violence in the home.
Our team of lawyers has more than 80 years of combined experience. If we can’t find an avenue to reconnect you to your beloved grandchildren, then likely no one can. We work to convince the court that you have standing under the established thresholds:
- In a suit for visitation, we can argue that the child (grandchild) would be harmed by discontinuing an existing relationship with Grandma and Grandpa.
- In a suit for custody, we would present evidence that the parent(s) are not fit for the reasons listed above.
| We have also represented parents who have a legitimate reason to resist grandparent visitation, such as past sexual abuse or past interference with custody rights. Our thorough knowledge and understanding of all aspects of the law make us fierce advocates for parties on either side of such a case. |
Houston Grandparents’ Rights Attorneys
Our legal team will always and only serve the best interests of the boys and girls at the center of these conflicts, whether that means a healthy relationship with their grandparents or eliminating a threat to the child’s welfare.
Call us at (281) 486-7007 or email us to discuss your situation.
HOUSTON CHILD ADOPTION LAWYERS
Adoption and Termination of Rights in Texas
In most cases, adoptions are a happy occasion for all involved, and the attorney’s role is to clear any legal obstacles and make sure that the paperwork is completed correctly. Sometimes, however, an adoption involves terminating parental rights against the will of the parents.
The law firm of Bill De La Garza & Associates, P.C. provides sound counsel and representation for all scenarios, including stepparent adoptions, adoptions by foster parents, and adoptions by grandparents or other family members who have assumed custody.
Our Houston child adoption attorneys have more than 80 years of combined legal experience and have handled many adoptions. We practice in Houston, Harris County and surrounding counties in Texas. Arrange a consultation today.
Stepparent, Foster Parent and Family Adoptions
We are always glad to pave the way for an uncontested adoption, a win-win for the child who needs a stabile, loving home and for those adults who have provided care and want to cement their commitment. Adoption bestows all the legal rights and responsibilities of natural parenthood, including inheritance, financial support, decisions regarding education, and medical care and upbringing.
In the best case scenario, the biological parent who has been absent or unfit to parent has voluntarily relinquished parental rights, and the proceedings are a formality.
But if the biological parents are not willing to waive their parental rights, the prospective adoptive parents must petition the court to involuntarily terminate the parents’ rights. We will prepare evidence and witnesses as necessary to effectively demonstrate the grounds for termination to the court, such as:
- Willful failure to provide support to the child
- Abandonment of the child
- Surrendering the child to the care of others
- Endangering the child’s welfare (abuse, neglect, drug use, criminal activity)
- Not fit because of serious mental illness
Once the court terminates rights of both biological parents, the prospective adoptive parents can then proceed with the formal adoption process.
| The Other Side of the Story — We have also represented many parents who are facing termination of rights and fighting for the right to raise their children. When we represent a person faced with this situation, the parent may have a history of addictions, criminal convictions or CPS interventions. When we are faced with such potentially difficult facts, our 80-plus years of combined experience enable us to find the best way to assist the parent through the process. When Child Protective Services or family members move to terminate parents’ rights, our attorneys have the experience and knowledge to render the best possible service to the client. |
Texas Termination of Parental Rights Lawyers for Stepparent Adoption and More
Call (281) 486-7007 or email us to talk with our experienced Houston child adoption attorneys.
HOUSTON PATERNITY LAWYERS
Custody and Support Issues for Unmarried Parents
When parents who never married split up, both parents have the same rights and obligations regarding their children as if they had married and divorced. They face the same issues — and some unique ones — in asserting custody rights or obtaining child support.
Texas law sides squarely with the child in these matters. The courts will enforce support obligations even if the non-custodial parent is not in the child’s life. The courts are also friendly to the rights of fathers and mothers who want to be involved in raising their child, so long as it is in the child’s best interests.
The Houston family law attorneys of Bill De La Garza & Associates, P.C. represent mothers or fathers in paternity actions and proceedings to enforce child support or establish custody rights. Serving Harris County and surrounding counties in Texas, we invite you to arrange a consultation.
Texas Parental Rights Lawyers for Paternity Cases
Either the mother or the father of a child can initiate a paternity action — before the baby is born, at the time of the breakup or even years later. This typically sets in motion the need for a DNA test (by court order if necessary) to prove the paternity of the child. Once parentage is established:
- The primary parent can file for child support, including retroactive support up to four years back or more. If necessary, we can help our client enforce this obligation through wage garnishment or by having the reluctant obligor brought up on contempt of courtcharges.
- Either parent can petition for custody or access, up to and including full shared custody. For a child under the age 3, Texas law encourages uniquely tailored possession provisions that best serve the interests of the children. The courts will often order periods of possession initially with the non-primary parent that are short but frequent. As the child grows older, the periods of possession increase in length and decrease in frequency until a standard possession order is put in place when the child reaches the age of 3. If the child is over the age of 3, the courts most frequently order visitation according to a standard possession order.
- If a parent has evidence that the other parent is unfit (child abuse, drug addiction, mental illness), that parent could petition to have primary custody or sole custody reversed to him or her.
- If a parent truly believes that the other parent is a danger to the child, our experienced litigators can represent that parent in fighting against any visitation or access at all.
Paternity cases can be emotionally charged and awkward, especially if the breakup was bitter or the parents hardly knew each other when they conceived a child. We work with clients to protect the best interests of the son or daughter and to foster a cooperative parenting arrangement conducive to raising a healthy child in spite of these obstacles.
Questions About Fathers’ Rights or Establishing Paternity? Contact Experienced Houston Paternity Attorneys.
Call us at (281) 486-7007 or email us to discuss your rights and duties as an unmarried parent.
HOUSTON CHILD PROTECTION LAWYERS
Fighting for Texas Families in CPS Actions
The Texas Department of the Family and Protective Services (Child Protective Services, or CPS) fulfills a vital mission: keeping children safe from abuse or neglect. Yet sometimes CPS goes too far in its zeal to protect. Children get trapped in the system, separated for extended periods from parents, relatives or foster families while CPS makes those adults jump through an endless series of hoops.
The law firm of Bill De La Garza & Associates, P.C. can step in to rescue children from the rescuers. We advocate for families who are seeking to have children released after CPS has taken them away for months on end. Contact our Houston office today. We practice in Harris, Galveston and all adjoining counties in Texas.
Experienced CPS Defense Attorneys
Once Child Protective Services removes children from the home, the process of getting them back is long and frustrating. CPS places the child with relatives or in foster care, and it can take up 18 months to prove that you are fit to parent again. When the child is very young and in this circumstance, it can be challenging to overcome such a disruption in the life of the child.
More importantly, it is scary and confusing for the child, and detrimental if the separation lasts too long. Kids in foster care, especially very young children, can literally lose the ability to re-bond with the natural parent or family members if kept apart too long.
Our attorneys have more than 80 years of combined legal experience and have handled many CPS defense cases. We are committed to helping parents, grandparents or foster families take on the system to regain custody of their children sooner rather than later.
We can help clients avoid traps in the process of getting their kids back. CPS requires parents or custodial caregivers to take parenting classes, meet with drug and alcohol counselors, engage in family therapy, and submit to drug tests and psychological evaluations. Meanwhile, parents also must show that they can provide a stable home by keeping a steady job. As parents jump through the hoops, CPS counselors are watching for any misstep as proof that the adults are not ready to resume parenting. And so the cycle continues.
Our firm can bring in private psychologists and other experts to conduct an independent evaluation to prove to the court that you have met the requirements to be reunited with your children.
CPS Adoptions
If the natural parents have abandoned the child or made no serious attempt to get their kids back from CPS, we represent foster parents, grandparents or other adoptive parents in the process of formally adopting the child. These adults face the same CPS scrutiny and bureaucratic hurdles in proving that they can provide the child with a safe and reliable haven. Again, we can hire independent professionals to prove that our clients are fit for the role and that it is in the best interests of the child to be released from the CPS system. We work to establish custody and then begin the adoption process, including termination of parental rights of the biological parents.
Texas Child Endangerment Protection Lawyers Handling All Elements of Child Abuse Protection
For vigorous representation in taking on the inflexible CPS system, call (281) 486-7007 or email us to arrange a consultation with our experienced Houston child protection attorneys.