The Family Court System can be one of the most overwhelming and frustrating experiences during a time of crisis in your life and your family‚Äôs life.  Often families need a detail-oriented and aggressive advocate that can navigate a complicated legal system without unnecessarily escalating an already volatile situation.  We represent clients in family matters in the following areas: 

Divorce

When you're facing a divorce, you're probably uncertain about your many legal options. And in the state of Texas, there are some specific community property rules regarding marital property you should know about.

Through a process called characterization, property proven to have been owned before the marriage, that was inherited, or acquired by a gift will be considered a separate estate of the spouse. Other property owned at the time of the divorce is considered community property and is typically divided appropriately by the Court.

Once characterization occurs, a completely assessment of community assets is determined. These assets are weighed against their value in the market and are subject to reimbursement claims. Then, based on the results of settlement negotiation or trial, the assets are divided between the divorcing parties and the divorce will be granted.

As experienced attorneys in the realm of divorce court, we help our clients with this process and provide information they need to make the right decisions about their property in the court system.

Child Custody

In most cases, determining child custody can be the most complex issue in family law. Whether it's part of an ongoing divorce suit or a separate suit between parents, once a disagreement occurs on who should have custody, it's up to the Courts or juries.

Many factors go into deciding child custody cases, including:

  • Which parent has provided primary care
  • What the children want
  • The emotional and physical needs of the children, present and future
  • The possibilities for emotional or physical danger to the children
  • Each parent's parenting abilities
  • Which programs are available to each parent to promote their children's best interest
  • Each parent's plans for their children
  • Stability in each proposed home
  • Omissions or acts by parents that could indicate unfitness, as well as their explanations

This is but a small list of the many issues that go into custody battles for children. That's why Biggs & Greenslade understand the playing field, and know how to help parents assess their custody case and avoid litigation if possible. If the case goes to trial, we'll prepare the evidence and arguments that properly convey to the judge and jury the fitness of our client to be granted primary custody of their children.

Child Support

The Texas Family Code provides certain guidelines to allow for some uniformity when it comes to the amount of child support owed for each child. Whatever amount eventually determined should be in the best interest of the child. The child support code bases the number of child support dollars to be given on statutorily defined net resources.

You likely already know, if you receive or pay child support, that the percentage of net resources allocated for one child is 20 percent, 25 percent for two children, 30 percent for three children, etc. If you have other dependent children not included in the support order, there are certain offsets to these amounts.

If you have questions regarding East Texas child support calculations, or need help creating the initial orders for child support, we can help you construct and enforce your child support orders. Contact Biggs & Greenslade today for more information on how you can provide best for your children.