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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. 

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.


With Law Offices in Llano & Cypress, TX

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