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Family Lawyer Cypress, TX

A family lawyer Cypress, TX families have relied on for years understands that when you are going through a divorce or trying to figure out the best way to take care of your children, you may need to turn to a lawyer for help. There are many reasons a person may choose to leave their spouse or get help when it comes to child support or child custody and you have turned to the right place. At Winfrey Law Firm, PLLC, we care about giving families the help they need. If you are interested in a consultation or if you would like to speak with a member of our team, give our office a call. We are here when you need us. 

When it comes to divorce can I just file the paperwork without an attorney?

You are not required to have legal help when you are filing for a divorce. That said, your spouse may be asking for too much when it comes to fairly splitting the assets. It is also helpful to have a Cypress, Texas family lawyer on your side when it comes to what kinds of paperwork need to be filed and what the deadlines are. An attorney can also help make sure your children are safe and have the appropriate custody arrangement during and after the divorce. 

I don’t want to write down why we are getting divorced. Do I need to have a reason?

Texas is considered a “no-fault” state for divorce. That means you don’t have to write down any personal information for why you are getting a divorce when filing the paperwork. 

I am in a common-law marriage with my spouse. Is a formal divorce required?

While you may not have gone through the same marriage process as other people, Texas still considers you to be married in a common-law marriage. Although it is not the case in every situation, you may need to file a divorce petition to formally leave your spouse. You can speak with your attorney if you are not sure about the details of this. 

Can a court give grandparents custody of their grandchildren?

A court can give grandparents custody of their grandchildren but it is important to know that a court will not consider this an ideal situation. Grandparents will need to show that harm will come to their grandchildren if they stay in their parents’ custody. 

If you have any more questions about family law and would like to speak with a member of the Winfrey Law Firm, PLLC, contact our trusted family lawyer in Cypress, Texas now.

Getting Help From Our Team 

As a Texas family lawyer from Winfrey Law Firm, PLLC understands, going through any legal issues with family can be an emotionally difficult process. In fact, we understand just how quickly emotions can cloud a person’s thinking when it comes to legal issues which is one of the reasons why we encourage a person going through difficult family legal matters to find an attorney they are comfortable with. When you are looking for a family lawyer, you want to know you are getting someone who is compassionate about your situation but will be aggressive when it comes to defending you, especially if you need to go to court. To see if one of our attorneys can help you, give our office a call. 

3 Questions To Ask Your Family Lawyer

Getting a divorce can be overwhelming. You may feel like a failure. Or, maybe you feel angry that your spouse has walked away. Perhaps you feel worried about how your children will be affected. You will likely experience a range of different emotions, no matter the circumstances surrounding your divorce. 

Know that it is okay to feel all these feelings. Finding a good family lawyer in Cypress, TX, can help you move forward. The attornies from Winfrey Law Firm will want to help you find good outcomes.

Therefore, it is important to be upfront with your family lawyer. Asking them questions about your specific situation can help them gauge a proper course of action. 

What Are Their Methods?

Different attorneys focus on different areas of law. For example, if there is a large estate involved in the divorce, you may want a lawyer that focuses on that. If you have children involved, you likely want a lawyer that has experience in custody agreements. 

When you are trying to find a family lawyer in Cypress, TX, be upfront about what your divorce will involve. That way, you can quickly get an attorney that could be well-matched for your situation.

Are My Needs Reasonable?

Be sure you know what you exactly want in your divorce. This can especially be true if childrens’ custody has to be agreed upon. Be open with your family lawyer in Cypress, TX. 

Also, know that your emotions could hinder your judgment. You may not be seeing the practicality of the situation because you are angry at your ex. That is why checking in with your lawyer can be beneficial. They can be an outside opinion. In the end, that outside opinion could help you find a better solution.

What Does the Process Involve?

The divorce process may be a rocky road. How it will proceed depends on several personal factors. No matter if it is short or long, it can be emotionally draining. Asking your family lawyer about what to expect can help prepare you for the journey ahead. 

The Winfrey Law Firm understands how difficult a divorce can be. They can sit you down and explain the course of action you will take. You can at least have a plan of what will happen so you can prepare for appointments that may be more difficult. The road may be uncertain, but a family lawyer will help you build your new future. 

4 Reasons You Need a Family Lawyer

Most people have family dynamics, whether great or small. Sometimes those dynamics get to the point where they require someone outside of the family, such as a therapist, doctor or family lawyer to get involved in certain matters. Here are four reasons why you may want to consider hiring a family lawyer in Cypress, TX. 

1. You’re Getting Divorced

If you and your spouse have made the decision to end your marriage, then you might want to think about hiring someone from Winfrey Law Firm to help with the legal process. Even if your spouse doesn’t have legal representation, it is still a good idea for you to hire a lawyer to ensure that the process can go smoothly from your end.

2. You’re Figuring Out Custody

If you’re getting divorced and have children involved, a reputable family lawyer in Cypress, TX, can help you as you figure out the details of your children’s custody arrangements as well as schedule visitation times with your soon-to-be former spouse. If you think that it is in the children’s best interest to have you as the sole or primary custodian, then you can disscuss that with your lawyer and have them counsel you in how to move forward.

3. Your Child Needs Financial Support

Sometimes, if a parent does not have custody of their children, they are supposed to pay child support for each child. If your former spouse refuses to pay or is late with the payments, then it might be a good idea for you to hire a family lawyer in Cypress, TX, to assist you in getting the proper child support that you need.

4. Your Family Is Disputing

Family disputes can sometimes be so bad that they end up in court. Sometimes one family member will sue another for some reason or someone will contest the will of a family member that has died. If you are dealing with a family dispute that is headed in that legal direction, you may want to hire an attorney from Winfrey Law Firm to represent you.

Sometimes family dysfunctions can be overwhelming, especially when things need to be legally taken care of and dealt with. If you have things going on in your life that require a family lawyer in Cypress, TX, such as divorce proceedings, figuring out child custody arrangements, getting proper child support or family disputes, then hiring someone from Winfrey Law Firm is a step in the right direction for you.

Cypress, TX Family Law Infographic

divorce infographic

4 Types of Custody of Your Children

Legal Custody

Legal custody defines who gets to make decisions in your children’s lives. Decisions about medical treatment, school choice, religious upbringing and counseling are all included under the heading of legal custody. A family lawyer in Cypress, TX, such as the Winfrey Law Firm, may be able to give you a more detailed list.

While you were married, you and your spouse made these decisions together. After your divorce, judges want to keep it that way. They will often decide on joint legal custody of the children, absent any compelling reason to the contrary, such as in cases of abuse or neglect. There’s no distinction made between moms and dads; Texas law is written using only the word “parent.”

Joint legal custody means that neither parent can unilaterally decide what dentist the children see or whether the children will take piano lessons. All the major decisions in the children’s lives must be made together by the parents.

If the parents fight about every decision regarding their children’s lives, the judge may rule for sole legal custody going to one parent, regardless of physical custody. Your family lawyer in Cypress, TX may advise you to try to work through decisions regarding your children’s lives so the judge doesn’t have to make that decision for you.

Physical Custody

Physical custody defines which parent the children live with. Sole physical custody often happens when abuse or neglect enters into the picture. Physical custody includes making sure the children have food to eat, clothes to wear, a roof over their head, and access to medical and dental care. It also includes the duty to protect the child and provide them with reasonable discipline.

Joint Physical Custody

Joint physical custody means the children will spend time fairly equally between their parents’ homes. It isn’t always a 50/50 split, but should be something close. It works best when the parents live relatively close to each other and aren’t constantly at each other’s throats during transfers of the children from one parent to the other. A Winfrey Law Firm attorney can advise you on whether this might be best for your children.

Sole Physical Custody and Visitation

In cases where it’s clearly in the best interests of the children to stay with one parent the majority of the time, that parent will likely be granted sole physical custody of the children. The other parent may be awarded visitation rights. A common visitation schedule is for the non-custodial parent to see the children for dinner on a weekday and have them every other weekend. A family lawyer in Cypress, TX can help you hash out the details of your children’s schedule.

Common Family Law Questions 

When you have questions regarding family law, we are the lawyers to help you. 

I’m worried this divorce will take a long time. How long should I expect? 

There are a number of factors that can go into the length of a divorce. That said, if you and your spouse agree to a divorce, it could take only 60 days (the minimum number of days) from when you file for divorce with the help of your Cypress, Texas family lawyer to when the divorce is finalized. If, however, both spouses are not in agreement regarding the details of the divorce, it could take much longer than 60 days. If this is the case, you could be looking at months or over a year until your divorce is finalized. 

Can I get divorced without separating? 

Texas does not require a couple to separate for a specific amount of time in order for their divorce to be legal and finalized. Other states, on the other hand, do give married couples the option to legally separate from one another without divorcing. 

My spouse isn’t getting a family law attorney. Do I still need one? 

We understand that it may seem aggressive if you come out without an attorney while your spouse chooses not to retain one. However, our job is not to go after your spouse or make your divorce ugly. Our job is simply to examine all of the information and ensure you, our client, is protected. 

A Parent’s Right of First Refusal to Provide Childcare

A family lawyer in Spring, TX knows that divorced parents may sometimes feel that they are missing out on spending time with their children, especially if the other parent is awarded more parenting time in the divorce. Fortunately, under Texas law, divorced parents have an opportunity to spend more time with their children during the other parent’s official time.

Generally, parents are supposed to spend their parenting time with their children. However, if there is an emergency, a parent may need to have a babysitter or a family member watch the child for a significant period of time.

Under the law, before calling a third party to watch the child, the parent may be required to call the other parent and offer him or her the opportunity to pick up the child instead. This way, instead of the child being babysat by another person, the child spends time with the other parent. This is referred to as the right of first refusal to provide childcare.

A court usually awards this right of first refusal in a case if it is in the best interest of the child to do so. For example, if the court finds that the arrangement will promote a better relationship between the parents and the child, then the court can approve this arrangement.

The details of the right of first refusal agreement or order are very important. Your Spring, TX family lawyer will make sure these details are very clear in your parenting agreement. The amount of time that triggers the “significant period of time” threshold has to be clearly defined. The parents may agree, or the court may order that if one parent has to be away for several days on a business trip, the parent has to offer the other parent the opportunity to have the child.

But the period of time does not have to be days and could be hours depending on the child’s best interest and the alternative childcare available. For example, if one parent is leaving for a few hours and has to call a babysitter for a young child, this may be considered enough time to trigger the right of first refusal. However, if the parent who has to work has remarried and the parent’s spouse can watch the child for those few hours, the right of first refusal may not be triggered.

 Other issues, such as how the parents will make the offers to each other and how they will accept the offers, are also very important. Without spelling out all the parties’ expectations, disagreements are bound to come up. In order to prevent these potential disagreements, it is important to have a Spring, TX family lawyer representing you and ensure your parental rights are protected.

Want to learn more about what we can do to help you when you are dealing with a situation like a divorce or another family legal issue? Contact us to speak with a Cypress, TX family lawyer now.

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    “Wonderful legal services. I was never confused as to where I stood & what was going on with my case. Was thorough & empathetic. Was also very honest & I’m happy with the outcome! Thanks again! Couldn’t have done it without you! Thanks Derrick!!”
    Tana W.
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