Family Law

The Law Office of Mary Khano Foteh lawyers are skilled in working with people who are going through one of the most difficult and stressful periods of their lives.  Not only sensitive to clients’ needs, our lawyers are effective in achieving results for our clients through a variety of techniques.

Family Law Practice Areas

Divorce

Those wishing to end their marital relationship must file for divorce with the family courts. Divorce is the formal dissolution of the marriage and the way to end the divorce through a legal process. There are several grounds for a divorce in Texas; the most common is “insupportability,” or essentially irreconcilable differences. Texas law mandates that specific requirements be met, which our firm can help walk you through so that you can end the relationship properly. When there are no children involved, the major issues parties will deal with will be regarding the division of property and debt. When there are children involved, the parties will have to deal with custody issues, child support, and possession and access (or visitation). Also important to note is that in Texas, there is a mandatory 60-day wait period from the date a divorce is filed until the earliest date it can be finalized; Day 1 starts the day after a Petition for Divorce is filed. There is no such thing as a “legal separation” in Texas; so, any property you acquire while separated, is still community property. It is not atypical for an uncontested divorce to take three to six months; contested divorces can take years. Divorces can be tough—emotionally and mentally. We are here to help you walk through the process one day at a time.

Child Custody

This part of family law can often times be the most difficult, and involves custody (i.e. which parent will the child reside with or which parent will have the exclusive right to determine the child’s residence), possession (or visitation) schedules, rights and duties each parent will have in regards to raising their child, geographic restrictions on the residence of the child, child support, and health insurance. If custody is a disputed issue, the Court may appoint an Amicus Attorney to represent the child’s best interests. The main focus in our courts is always “the best interest of the child.” Child custody issues can arise in a divorce context, or even outside of a divorce context (for example where parties have children together, but were never married). Our goal in these cases is to help the judge see all sides of the child’s issues, so that the best interest of the child is never lost.

Child Support

Child support is money paid by one (or both) parents for the care of a child, often based on a court order, until the child turns 18 years old or graduates from high school (whichever is later). Child support calculations are governed by guidelines as set out in the Texas Family Code. These guidelines mandate how the computation of monthly child support should be determined, based on an obligor’s net monthly income. Monthly income includes income from all sources, and self-employment income, as well as unemployment benefits, is included.
Being unemployed will not prevent a Court from ordering child support, but the Court will consider all factors involved. Section 154.125 of the Texas Family Code provides the starting point for child support calculations, as follows:

CHILD SUPPORT GUIDELINES

BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
1 child 20% of Obligor’s Net Resources
2 children 25% of Obligor’s Net Resources
3 children 30% of Obligor’s Net Resources
4 children 35% of Obligor’s Net Resources
5 children 40% of Obligor’s Net Resources
6+ children Not less than amount for 5 children

Again, these are guidelines; the amount of child support can deviate up or down based on the facts of each case. These figures can also change if the obligor has other children he is supporting besides the children before the Court. Health insurance for the children is considered child support, as well, and the courts mandate that children be covered by some sort of health insurance policy. We aid our clients in getting child support calculated and set. We can also aid in modification of child support orders, as only a court can change or modify the amount of child support ordered to be paid.

DIvision of Property

When dealing with the division of property and debt, the court’s focus is to achieve a just and right, fair and equitable division for the parties. Texas is a community property state, which essentially means that all property accumulated by the parties during the marriage is presumed to be “community property,” and thus both parties may have equal rights to the properties and/or a financial interest in those properties. All assets and debt can be characterized as community property if accumulated during the marriage; these issues can get complicated and involve intensive focus on dates, sources of funds, and reasons behind the debt. There is no such thing as a “legal separation” in Texas; so, any property you acquire while separated, is still community property. We strive to ensure that all assets and all liabilities are accounted for first, and distributed fairly and justly.

Modifications

Modification actions occur after a final order has been rendered by a court, and new issues have arisen or changes need to be made to that court order. Modification actions can become necessary when circumstances of the parties and/or children have changed since the rendition of the last court order. Common modification actions include modifying child support, possession and access schedules of the children, and/or custody. There are different legal grounds that must be met depending on what you seek to modify. We will help you determine whether a modification action is warranted and possible.

Enforcement

Enforcement of court orders is sometimes necessary, especially when one party is not abiding by an order of the court. Enforcement actions can be done on temporary orders or final orders. Oftentimes, enforcement actions arise when one party is not fulfilling his or her obligation to pay child support or provide health insurance for the children; it can also arise when the terms of the division of property and debt are not being abided by, or when the possession, or visitation, schedule with the children is not being adhered to. Two wrongs do not make a right; if one party is not abiding by a court order, it does not give the other party the right to not comply with the court orders as it may relate to his/her duties/obligations. We will walk you through all options, and if an enforcement action is necessary, we will represent you through that process.

Paternity

Paternity is the legal identification of a father; it gives the father rights to the child, and also provides the mother confirmation of a legal responsibility owed to the child by the father.  Paternity issues can be highly contested matters; these actions can be brought by a man claiming to be the father of a child, the child’s mother, a governmental agency, or the child him/herself. Getting genetic testing ordered by a court does require correct legal procedures. Further, issues can get even more complicated when paternity of a child born during a marriage is contested by the husband. Recent changes in the law have lengthened the time a presumed, alleged, or deemed father has to contest paternity.  Texas provides for several legal “definitions” of “father,” and complications can arise, depending on when a claim of paternity is made and the timing of the child’s birth.   We have represented both mothers and fathers seeking the truth regarding their children’s paternity, and understand that this process can be emotional for all parties, especially the children.

Protective Orders

A Protective Order is the strongest type of court-ordered protection a party in fear of imminent harm or death can get from the court.  A violation of a protective order can lead to an arrest and criminal charges. These are not easy to get; however, our firm has successfully represented many parties in presenting facts to the Court we believe warranted a protective order and getting those clients some protection.  We also have defended against protective order applications, where the client is the person alleged to have committed family violence or a threat of family violence.  The process of filing for and getting a protective order, and defending against a protective order, can be complicated and is very detailed-oriented. If a final protective order is granted, it can be good for up to two (2) years (and can be renewed after that).  Again, these cases can involve alleged traumatic events. Our firm will provide sensitive and respectful advice to those who may need a protective order, or who need to be defended against a protective order, and do what it takes to achieve that goal for our client.