Family Law FAQ

 

Answers To Common Family Law Questions

What does family law entail?

Family law is a general term used for cases that involve any aspect of divorce, annulment, custody (including emergency orders), protective orders, child support (including attorney general proceedings), child protective services (CPS), adoption, termination of parental rights, prenuptial agreements, post marital partition and exchange agreements, domestic relations orders (DRO), and more.

How long does a divorce or custody case take?

Every case is different. It depends on what is in dispute, the needs of the parties, the needs of the children, the availability of the court, and the availability of witnesses. An average contested divorce or custody case can take 18 months.

I see forms for these cases online, why should I pay an attorney?

Because custody and distribution of property/debts is not something you want to get wrong. Unfortunately, we often see clients come to us after entering their own orders with “buyer’s remorse” or needing us to fix an issue with the order. Once an order is entered, it can cost you significantly more money to fix an issue, than it would have cost for us to represent you in the original case.

Can I just ask the court for a court-appointed attorney?

Typically, no. The only cases where you are entitled to a court-appointed attorney (assuming you meet the income requirements for one) are child protective services (CPS) cases, when your parental rights are being terminated, or when there is a possibility of jail time (i.e. for failure to pay child support).

How much does a divorce or custody case cost?

Please call us at 254-526-5688 to schedule a free consultation.

What counties do you practice family law in?

Bell, Coryell, Lampasas, Milam, Williamson, and Travis.

My prior orders are from outside of Texas, but I want to modify them here, can I?

This depends on some very specific facts. Generally, jurisdiction for a case follows the residence of the child, but please schedule a free consultation so we can accurately assess your case.  

My prior orders are from a different county than where the children reside now, can I move them?

This depends on some very specific facts. Generally, jurisdiction for a case follows the residence of the child, but please schedule a free consultation so we can accurately assess your case.

Why can’t my children tell the Judge who they want to live with?

Generally, the rule is the children must be at least 12 to speak with the Judge. However, a Judge is not necessarily bound to rule in accordance with the child’s preference. Furthermore, even if the child is 12 or older, it may not be a good idea to have the child speak with the Judge. There are also other methods to demonstrate the child’s choice to the Judge. Since each case is different, we can help you determine what is the best for you.

How do I know which attorney/law firm I should hire?

Hire someone you feel comfortable with and will help you understand not only your legal position, but also the practical implications of the same. Additionally, be sure you understand the attorney’s fee structure and how/what you will be charged for.

For more information, or to schedule your free consultation, contact The Carlson Law Firm. We care, we can help.