Texas Family Law Attorneys
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Absolutely recommend this practice! If you are needing someone to fight for you or your children and give you the best and most true advice ever, this is the practice for you. I always knew that Bria was fighting for my children and me. She is absolutely amazing.
– Krystal England
Bria Larson is a brilliant, amazing lawyer. She handled both of my family law cases — a divorce and subsequent motion to modify — professionally and strategically. She clearly explained what information was needed to get the best result and worked tirelessly on my behalf.
– Rodney Hopper
Bria Larson and her staff were the utmost professionals I could have ever asked for. Not only were they aggressive in their pursuit of my rights, they were as personable and accommodating to all my questions and needs. They handled my case with great effectiveness.
– Dennis Baker
I can’t say enough good things about my experience hiring Bria as my divorce attorney. She and her entire office were nothing short of spectacular. The way I was treated with kindness and patience in my individual situation will be something I will never forget.
– Texas Red
From divorce to custody, McCarty-Larson stands beside Texas families through every step of the process.
Texas Family Law Attorneys
Serving Ellis County, Johnson County and Tarrant County
Family law in Texas covers a wide range of issues that affect families. If you are facing any family-related legal challenges, it is important to understand the key areas of this field. The following sections provide an overview of important topics in Texas family law, including adoption, divorce, child support, custody and visitation, modifications and enforcement, father’s rights, grandparent’s rights, and prenuptial and postnuptial agreements.
McCarty-Larson, PLLC also helps residents in the following areas across Texas: Alvarado, Arlington, Burleson, Dallas, DeSoto, Fort Worth, Grand Prairie, Mansfield, Midlothian, and Waxahachie
Adoption in Texas
Adopting a child is a significant decision that involves several legal steps. In Texas, the adoption process requires careful planning and adherence to legal requirements. Prospective adoptive parents must first complete a home study, which includes background checks and interviews to ensure a safe environment for the child. After this, the court must review and approve the adoption. The goal is to ensure that adoption is in the best interests of the child. This process can be complex, and having knowledgeable legal support can help navigate the requirements and paperwork involved.
Divorce in Texas
Divorce is the legal dissolution of a marriage and can be a challenging experience for everyone involved. In Texas, a divorce can be either contested or uncontested. An uncontested divorce is when both parties agree on all major issues, including property division and support arrangements. A contested divorce, on the other hand, occurs when the parties cannot agree and need a court to make decisions. Factors such as division of property, debt allocation, and spousal support are considered. Our Texas family law attorneys can help ensure that your interests are protected during the divorce process.
Child Support in Texas
Child support is a crucial issue in many family law cases, as it ensures that children receive financial support from both parents. Texas law requires non-custodial parents to contribute to their child’s living expenses. The amount of child support is determined based on guidelines set by the state, which consider the income of both parents and the needs of the child. If there are changes in circumstances, such as a change in income or the child’s needs, adjustments to the support amount may be necessary. Legal guidance can assist in navigating these adjustments and ensuring compliance with support orders.
Custody and Visitation in Texas
Custody and visitation arrangements are central to many family law cases involving children. Custody refers to the legal responsibility for a child’s upbringing, while visitation determines the time a non-custodial parent spends with the child. In Texas, custody is typically divided into physical custody (where the child lives) and legal custody (who makes decisions about the child’s welfare). The courts aim to make decisions that serve the best interests of the child, considering factors such as the child’s relationship with each parent and the parents’ ability to provide a stable environment. An attorney can help in negotiating and formalizing custody and visitation agreements. If you are specifically looking for a Johnson County child custody lawyer, our team is ready to help.”
Modifications and Enforcements in Texas
Family law orders, such as those related to custody or child support, are not always permanent. Changes in circumstances may require modifications to these orders. For example, if a parent’s financial situation changes significantly, it may be necessary to adjust child support payments. Enforcement is also an important aspect of family law, ensuring that court orders are followed. If a parent is not complying with a custody or support order, legal action may be needed to enforce the order. Our Texas family law attorneys can assist in both modifying and enforcing family law orders to reflect current circumstances.
Father’s Rights in Texas
Fathers have important rights in family law cases, particularly concerning custody and child support. Texas law recognizes that both parents have rights and responsibilities regarding their children. Fathers seeking custody or visitation rights need to understand their legal standing and work to demonstrate their ability to provide a supportive environment for their children. Legal representation can be crucial in ensuring that fathers’ rights are upheld and that they are fully involved in their children’s lives.
Grandparent’s Rights in Texas
Grandparents may seek legal rights to visit their grandchildren under certain circumstances. Texas law allows grandparents to petition for visitation rights if it is in the child’s best interest and if the child’s parents are divorced, deceased, or if the child’s physical health or emotional well-being is at risk. The legal process for obtaining these rights can be complex, and having a knowledgeable attorney can help navigate the court system and advocate for the grandparents’ role in the child’s life.
Prenuptial and Postnuptial Agreements in Texas
Prenuptial and postnuptial agreements are legal documents that outline the division of assets and responsibilities in the event of divorce. A prenuptial agreement is signed before marriage, while a postnuptial agreement is created after the marriage has occurred. These agreements can help clarify financial matters and protect individual interests. In Texas, these agreements must be fair and reasonable to be enforceable. Consulting with a family law attorney can ensure that these agreements are properly drafted and reflect both parties’ intentions.
Navigating family law issues in Texas can be challenging. Whether dealing with adoption, divorce, child support, custody, or other family-related matters, having a knowledgeable attorney can provide valuable assistance. McCarty-Larson, PLLC is here to support you through these legal processes and ensure that your rights and interests are protected.
Why Choose McCarty-Larson for Your Texas Family Law Case
Family cases require careful legal work at every stage, from the paperwork of a first filing to the trial of a contested case. McCarty-Larson, PLLC brings over 50 years of combined legal experience to family law matters across Ellis, Johnson, Tarrant, and Dallas Counties. Bria Larson leads the firm’s family law work and represents parents, spouses, and other family members in divorce, custody, child support, paternity, adoption, and property division cases.
We prepare clients for mediation and temporary orders hearings, build cases around Texas Family Code standards, negotiate settlements when possible, and litigate when a fair agreement is not. Every case gets direct attorney attention and a plan built around the facts and goals of the family in front of us.
Costly Mistakes in Texas Family Law Cases
Family law cases turn on the decisions made in the first weeks of the case as much as on what happens at the final hearing. The mistakes below are the ones we see most often hurt otherwise strong cases in Texas family courts.
Making Unilateral Decisions About Children or Property
Once a family case is filed, the parties are usually restricted from making major unilateral decisions about the children or the community estate. Changing schools, starting medical treatment for a child without the other parent’s consent, moving significant sums of money, or selling community property without the other spouse’s agreement all send a signal to the court that the party will not respect legal boundaries. That signal often carries through to the final ruling on conservatorship and property division.
Moving Without Court Permission
Texas family orders often include geographic restrictions that limit how far a parent can move the child’s primary residence without court permission. Moving in violation of a geographic restriction is one of the fastest ways to lose primary conservatorship. Even without a restriction, moving during a case without notifying the court sets up a modification fight that the moving parent usually loses.
Hiding Assets or Moving Money Before Filing
Texas is a community property state, which means most assets and debts acquired during the marriage are subject to division in a divorce. Attempting to hide assets, transfer funds to friends or family, or drain accounts in the weeks before a filing is not a defensible strategy. Forensic accountants and discovery tools regularly uncover these moves, and when they do, the court can award the concealed asset entirely to the other spouse under Texas Family Code §7.009.
Disparaging the Other Parent or Spouse Around the Children
Most Texas family orders include a standard clause prohibiting parents from disparaging each other in the children’s presence. Violating that clause during a case is a red flag for the court and often appears in custody evaluations. Parents who cannot separate their feelings about the other parent from their conduct around the child give the court a reason to question their judgment on every other issue in the case.
Frequently Asked Questions About Family Law in Texas
Filing for divorce in Texas starts with meeting the residency requirement under Family Code §6.301: either spouse must have lived in Texas for at least six months and in the filing county for at least 90 days. After that, the filing spouse prepares and files an Original Petition for Divorce, pays the filing fee, and arranges for the other spouse to be served. Texas then imposes a mandatory 60-day waiting period under §6.702 before any divorce can be finalized, so even an uncontested divorce cannot close in less than about two months.
Texas is a community property state, so most assets and debts acquired during the marriage are subject to division in a divorce. Under Family Code §7.001, courts divide the community estate in a manner that is “just and right,” which does not have to mean 50/50. Judges can weigh fault in the breakup, disparity of earning power, health, custody of the children, and other factors. Separate property, defined by §3.001 as anything owned before marriage, gifts, inheritance, and certain personal injury recoveries, is not subject to division and stays with the spouse who owns it.
Texas splits what most people call “custody” into two separate legal questions. Conservatorship decides who has the right to make major decisions for the child, including decisions about education, medical care, and where the child primarily lives. Possession and access is the schedule that decides when each parent spends time with the child, typically built around a Standard Possession Order under Family Code §153.312. Every Texas family case with children resolves both questions, but the legal analysis for each is different.
Under Texas Family Code Chapter 156, both types of orders can be modified when circumstances change, but the tests are different. A conservatorship modification requires a material and substantial change since the last order and a best-interest finding under §156.101, with additional restrictions in the first year of the order under §156.102. A child support modification can be granted under §156.401 when circumstances change materially and substantially, or when the guideline amount differs from the current order by at least 20% or $100 per month, whichever is less. The support test is often easier to meet.
Texas does not actually use the terms “legal custody” or “physical custody.” Those come from other states. Texas splits custody into conservatorship, which decides who has the right to make major decisions for the child, and possession and access, which decides when each parent has the child. What most people call “legal custody” is really joint or sole managing conservatorship under Texas Family Code §153.131. What most people call “physical custody” is really the Standard Possession Order or a variation of it under §153.312. Different terms, same underlying questions.
Texas uses a guideline formula under Family Code §154.125 based on the paying parent’s monthly net resources, which is gross income minus taxes and the child’s health insurance premium. The guideline percentages are 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more. The percentages apply to the first $9,200 of monthly net resources, and courts can deviate above that cap. The custodial parent’s income does not affect the guideline calculation.
Contact Our Texas Family Law Attorneys at McCarty-Larson, PLLC
Family cases move fast in the first few weeks, and the decisions made early often shape the final ruling. Whether you are facing a divorce, a custody dispute, a paternity question, a child support issue, or a modification of an existing order, our team is ready to help.
Call 972-775-2100 or contact our office online for a free, confidential consultation. Our Texas family law attorneys represent clients across Ellis, Johnson, Tarrant, and Dallas Counties.
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We Proudly Serve the Following Communities
Ellis County including the cities of Ennis, Waxahachie, Midlothian, Red Oak, Ferris, Palmer, Italy, Milford, Maypearl, Garrett, Pecan Hill, Alma, Oak Leaf, and Bardwell.
Johnson County including the cities of Cleburne, Burleson, Joshua, Keene, Alvarado, Godley, Grandview, Venus, Rio Vista, Briaroaks, Cross Timber, Coyote Flats, and Joshua.
Tarrant County including the cities of Fort Worth, Arlington, Grand Prairie, Mansfield, Euless, North Richland Hills, Bedford, Grapevine, Haltom City, Keller, Hurst, Southlake, Colleyville, Saginaw, Watauga, White Settlement, Azle, Forest Hill, Lake Worth, Richland Hills, River Oaks, Sansom Park, Westworth Village, Benbrook, Crowley, Blue Mound, Edgecliff Village, Everman, Pantego, Dalworthington Gardens, and Kennedale.
Dallas County including the cities of Dallas, Garland, Irving, Grand Prairie, Mesquite, Carrollton, Richardson, Rowlett, DeSoto, Duncanville, Cedar Hill, Lancaster, Farmers Branch, Balch Springs, Coppell, Seagoville, Glenn Heights, Sachse, Wilmer, Hutchins, Addison, Sunnyvale, Cockrell Hill, Highland Park, and University Park.
