Family Law- Outline

A. Family Law Matters

Introduction
Divorce

Temporary Order/ Restraining Order
Community Property
Post-Divorce Issues (Modification/ Enforcement of Existing Decree)

Adoption (Adopt Child/ Adult)
Paternity (Paternity Test/ Visitation)
Child Support

Enforcement /Collection of Child Support
Modification of Child Support Order

Protective Order / Domestic Violence
Name Change pf Minor/ Adult
Agreement

Nonmarital Cohabitation Agreement
Premarital Agreement / Prenuptial Agreement
Separation Agreement
Convert Separate Property to Community Property

B. FAQ’s

1. General Family Law
Divorce
hild Custody and Child Support

C. Useful Link

A. Family Law Matters

Introduction

Today, The Law Firm of Solomon M. Musyimi, is an energetic group of attorneys with diverse talents and broad experience which has been built on foundation of Excellence. We are associated with professionalism, skilled work, and compassionate, attentive service in every aspect of family law. We understand the unique stressors that may be placed on individuals and families involved in these types of situations. Our firm strives to take the pressure off of you in order to more effectively address the issues at hand in a calm and often collaborative manner. Located in Houston, Texas, we help people throughout the United States and overseas with legal issues surrounding family Law.

We are proud to provide our clients with comprehensive representation in most family law matters. Some of the specific types of cases that we handle are listed below, though we handle many other types of cases for our clients as well.

Divorce
Adoption (including step-parent adoption and traditional adoption)
Paternity (Paternity Test/ Visitation)
Child Support
Protective Order / Domestic Violence
Name Change
Agreement (including prenuptials and separation agreements)
Convert Separate Property to Community Property

We are dedicated to standing by our clients throughout the entirety of their cases. You have an ally in the fight for your family's rights. Let a member of our legal team assess the possibilities for your case during a consultation at our office. We offer flexible appointment times in order to accommodate your family's already busy schedule.

The Law Firm of Solomon M. Musyimi can also accommodate your financial need by providing Payment Plans that will fit your budget.

Divorce

Choosing a divorce lawyer is a critical and key decision you will have to make if you want to emerge from a divorce with the best outcome possible. Keep in mind that “best outcome possible” is a highly relative term. Generally speaking, you want to come out of a divorce with something more than the shirt on your back and ideally, with something closer to an equitable distribution of property, and other real assets are nice, too. It is not a pie-in-the-sky best-case scenario. If you do hard work now, it will pay off later. Of course, money is always a factor, but money spent on a good attorney is money well spent. Oftentimes money not spent here will cost you much more in the end, so picking a lawyer deserves your utmost consideration at the initial early stages. Still, for any budget, there are points to consider when selecting a Lawyer.

Do you need a divorce lawyer?

Ask yourself this simple question. It may be that you and your ex-spouse can amicably come to terms with your property and any arrangements involving custody of children or other financial assets. Maybe it is that you don’t have children, there are no financial assets worth bothering about and there is no real property of any value that might hang in the balance. Maybe you were both in debt and rented a place? In that case, you might do fine with a simple divorce.

Does your spouse have a lawyer?
Are there substantial financial assets involved?
Are children involved?
Are you concerned about your safety?
Are you afraid of your former spouse?
Was your divorce due to some form of abuse, be it physical, mental or otherwise?
Is your spouse otherwise cruel or vindictive?

If you answered "yes" to any of these questions then it is highly suggested you call the experienced attorneys of The Law Firm of Solomon M. Musyimi to ensure that your interest, and your children’s is protected.

Call us today at (713) 541-4444 for a free consultation.

a. Temporary Order/ Temporary Restraining Order

Temporary orders usually act like a short-term divorce decree. Temporary orders are legally binding guidelines for you and your spouse until the Court can make its ruling in the final decree. They can specify who gets to reside in the marital residence, who can write checks on specific bank accounts, who gets the child, etc. Temporary orders can also prevent a spouse from contacting you, spending or transferring money, leaving with the child, or almost any other action you can prove could be detrimental to you or your child. In a divorce you are also entitled to have a temporary restraining order issued with out your spouse being present

that is valid for 14 days.

Click here for FAQ page.

For Additional information, call us today at (713) 541-4444 or 1-877-MUSYIMI for a free consultation.

b. Community Property

Community property is defined as any asset acquired or income earned by a married person while living with his or her spouse. Separate property is defined as anything acquired by a spouse before the marriage, or during the marriage by gift, devise or bequest. Texas law requires that the community estate be divided equally if there is no written agreement to the contrary. This means that from the total fair market value of the community assets, the joint obligations of the parties are subtracted, yielding the net community estate. Typically, each spouse receives half of the net community estate. However, if fault is found in one of the parties, the Court may give more than half of the community property to the innocent spouse.

Click here for FAQ page.

For Additional information, call us today at (713) 541-4444 .

Post-Divorce Issues

At The Law Firm of Solomon M. Musyimi , we urge clients not to hesitate to request a modification of the divorce decree when financial or other conditions change. People's lives are not set in stone. The legal system allows for modifications to a divorce decree to handle alterations in the lives of divorced couples and their children.

Alterations in the lives of a divorced couple can arise because of job changes, location changes, or changes in the needs of the children. For example:

The parent providing child support receives a raise or a better-paying job
A child becomes seriously ill and needs expensive treatment
One parent moves from the area, increasing the cost of scheduled visitation
A new parental work schedule interferes with the original visitation plan
A parent becomes unable to properly care for a child because of an ongoing drug or alcohol problem
One parent makes allegations of child abuse against the other parent, or the other parent's boyfriend, girlfriend, or new spouse

The result of a modification request can include an increase or decrease in the amount of child support paid, an adjustment to the visitation schedule, a change in the child custody arrangements, or a requirement for supervised visitation.

For Additional information, call us today at (713) 541-4444.

Adoption

Adoption cases are among the happiest cases we handle at The Law Firm of Solomon M. Musyimi. We help families navigate the complex adoption process and do all the legal paperwork that makes a child theirs forever. We’ve all heard of cases where families have lost children who have been living with their adoptive families for years due to mistakes in the adoption process.

One of our jobs as adoption attorneys is to ensure that a full and final termination of the biological parental rights is made so there is a greatly reduced chance for anyone to come back later and make a claim (valid or invalid) to a child in your home.

We also make sure all appropriate Texas approvals are obtained. By helping families mitigate and minimize risks, we can take a joyous occasion for families and help ensure that it stays that way.

We also help stepparents adopt the children for whom they are already serving as role model and care-giver. Stepparent adoptions are often called adoption-terminations, since the biological parent's rights need to be terminated first before the stepparent can adopt the child.

Adoption-terminations are appropriate in cases where the biological parent is not involved in the child's life and does not want to pay child support. In cases like these, an adoption-termination brings legal standing to a parent-child relationship that already exists.

For Additional information, call us today at (713) 541-4444.

Paternity

A paternity action can be initiated either by the father or the mother of a child born out of wedlock. The mother of the child may initiate a paternity action in order to receive child support payments from the father. The father of the child may initiate a paternity lawsuit in order to receive visitation rights and to obtain legal standing for the father-child relationship.

The first part of a paternity action consists of providing evidence, including DNA testing, to determine the father of the child. Once paternity is established, the rest of the suit determines legal rights and obligations of the father.

Child Support

The parent of a child born out of wedlock is responsible for child support payments, which generally continue until the child graduates from high school or turns 18, whichever is later. In Texas, child support payments are determined by the following statutory formula.

The statutory guidelines provide a starting point - 20% of net resources for one child. Other considerations used in determining child support include the age and needs of the child, the ability of the parents to contribute to the support of the child and the number of children the paying parent is supporting - both inside and outside of marriage. Absent a court finding otherwise, the maximum amount of child support in Texas is $1,500 per month. Child support continues until the child completes high school or turns 18, whichever comes later.

The payer of child support generally also provides health insurance. Families split deductibles and co-pays. Any private school expenses are usually split.

Child Visitation

According to the law in Texas, the minimum visitation rights granted to a nonpossessory (or noncustodial) parent are as follows:

The first, third and fifth weekends of month. The weekends last from the end of school Friday until Sunday at 6 p.m.
On Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m.
Christmas, Thanksgiving and spring break visitation are awarded on odd or even calendar years.
30 days in the summer to be taken in two separate increments.

Beyond these minimum child visitation provisions, we negotiate based on the best interests of the child. We can even negotiate for Extended Visitations in compliance with the Statutory Provisions in the Family Code. Couples are encouraged to be collaborative and creative in developing a system that works for their family. For example, one parent may have more time to spend with children in the summer than 30 days.

At The Law Firm of Solomon M. Musyimi, part of our job as lawyers is to help our clients deal with the anxiety of paternity action by giving them predictability. By understanding how courts have ruled in paternity lawsuits in the past can help you plan accordingly.

Click here for FAQ page.

For Additional information, call us today at (713) 541-4444 for a free consultation.

Child Support

a. Enforcement/ Collection of Child Support

Parents have an obligation to support their children. No matter what the difficulties are between the parents, the children need and deserve the active support of both parents. If the parent providing child support is delinquent in paying, we can help to make sure that support is provided. These actions can include suspending state licenses for professionals, filing liens against property, and requiring employers to deduct child support from paychecks. We will discuss your options and recommend a course of action.

Click here for FQA page.

For Additional information, call us today at (713) 541-4444 for a free consultation.

b. Modification of Child Support Order

At The Law Firm of Solomon M. Musyimi , we urge clients not to hesitate to request a modification of child support order when financial or other conditions change. People's lives are not set in stone.

We can help parents file applications to modify the existing support orders if there are changes in circumstances. Changes related to child support can include:

A change in the obligor's income
One parent moving from the area, increasing the cost of scheduled visitation visitation
A significant change in the child's needs

To adjust support payments in light of new situations like these, our attorneys can help. We can help determine whether you have grounds to seek a modification of divorce decree and we can request a modification of the child support order or decree on your behalf.

For more information about modifying a child support order, call us today at (713) 541-4444 for a consultation.

Protective Order/ Domestic Violence

The Law Firm of Solomon M. Musyimiknows how emotionally-confusing, frustrating, and dangerous domestic violence can be. Family disputes have, unfortunately, become all too common and tension at home can inexcusably lead to outbursts of violence. If you or a loved is suffering from domestic violence, let our family law practice handle your legal needs while we work to stop the violence and protect you and your family.

Domestic violence laws protect the rights of individuals threatened or abused by spouses, former spouses, family members, or individuals related by “affinity”— a removed family relationship such as unrelated, unwed parents of a child.

Depending on the type of abuse involved, the victim of domestic violence can file a criminal or civil charge against their attacker, or file for a temporary or permanent protective order to:

Stop communication with the victim
Keep the abuser from the proximity of the victim
Require the abuser to undergo treatment and counseling
Deal with matters of child custody, support, and visitation
Prohibit the abuser from leaving with the victim’s child
Grant the victim exclusive residence of any shared property

Failure to properly respect a court issued order of protection results in mandatory arrest of the person who it is issued against. It is an effective method to stop domestic violence before it starts, but the process for convincing a court to grant one can be complex and difficult. Because the subject of the restraining order can be put under mandatory arrest, the courts require specific evidence for most criminal restraining orders relating to domestic abuse.

Contact The Law Firm of Solomon M. Musyimi Where our family law attorney wants to help you protect yourself by offering personal, friendly, and professional legal services for a reasonable fee. Call us at (713) 541-4444 for a free consultation.

Name Change of Minor/Adult

If you want to change your name outside of marriage or adoption, you must petition the court. Your name is your legal identity. In the court's eyes, changing your name is really changing your legal identity. The court's role is to make sure you are changing your name for a valid reason.

If you need assistance with legal name change, call us at (713) 541-4444 and we can quickly and efficiently accomplish a name change on your behalf.

Agreement

a. Nonmarital Cohabitation Agreement

Nonmarital Cohabitation Agreement protect the property and assets of a non-married couple

We understand the importance of creating documents that protect your assets before, during, and after living with another individual. Our firm strives to compose efficiently and effectively documents that reflect your needs and goals.

Not all situations require an agreement; however, marital agreements may be beneficial in many instances. A member of our legal team is happy to discuss the specifics of your legal concern and what, if any, type of agreement may be advantageous for you, now and in the future.

For more information, call us today at (713) 541-4444 for a free consultation.

b. Premarital Agreement / Prenuptial Agreement

Getting married is one of the most important things people do. Hopefully, it reflects a deep emotional commitment because it also truly changes the participants' legal status. By understanding your rights and obligations as a married person you may more fully appreciate the step you are taking. Before you marry, consulting an experienced family law attorney can help identify any future issues that you need to resolve now to keep you and your beloved on the path of matrimonial or relationship bliss.

Couples who are considering marriage may benefit from talking to an experienced family law attorney about the advantages of a premarital (also called prenuptial). Although not very romantic, premarital agreements are an effective tool for defining the legal relationships between two people, particularly as it relates to property. Generally, the intent of the agreement is to create a framework for handling money and property issues during the marriage and a roadmap for property division should the marriage eventually terminate.

For more information, call us today at (713) 541-4444 for a free consultation.

c. Separation Agreement

A marital separation agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody. A marital separation agreement may be drawn before or after you have filed for divorce — even while you and your spouse are still living together.

The typical separation agreement, or a stipulation of settlement resolving a divorce should state whether the agreement is to survive the judgment of divorce as a separate contract, or whether it should be merged and incorporated into the judgment of divorce thus allowing for modification similar to a court order.

For more information, call us today at (713) 541-4444 for a free consultation.

d. Convert Separate Property to Community Property

At any time the spouses may agree that all or part of their separate property owned by either or both spouses is converted to community property. The agreement to convert separate property to community property must be signed, must identify the property to be converted and is enforceable without consideration.

For more information, call us today at (713) 541-4444 for a free consultation.

B. FAQ’s

1. Divorce

How long does it take to get a divorce?
When am I divorced?
How long must I wait to get married again?
Is a Name Change easier and cheaper in a divorce?
I don’t know where my spouse is. Can I still get divorce?
My spouse lives outside state/ country. Can I still get divorce?
Yes. The law makes provisions for those who cannot find their spouse. Simply call and talk with one of our attorneys, who will explain how it works and what we can do for you.

i. How long does it take to get a divorce?

If the parties are in agreement, a divorce proceeding can be finalized soon after the sixty-day waiting period is over. If the parties are not in agreement, the time it takes to complete the divorce will depend on the court's schedule and the complexity of the case. From start to finish, the divorce process may go through a number of phases, which might include temporary orders, exchange of financial information, psychological evaluations (in custody cases), alternative dispute resolution, trial, and appeal. A divorce in which the parties are not in agreement on some or all issues will usually take several months and up to eighteen (18) months if a trial is necessary.

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ii. When am I divorced?

You are divorced when all the property- and child-related issues are resolved and the presiding judge signs an order, usually called a Decree of Divorce.

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iii. How long must I wait to marry again?

In most cases, you must wait thirty (30) days, but the court can grant a waiver to permit you to marry sooner.

Back to the top. iv. Is a Name Change easier and cheaper in a divorce?

In divorce, the name change is properly called a "restoration of former name." If the name change is not at time of divorce, other rules apply, and is a separate lawsuit, with additional fees and costs. There is no additional petition for name change required. Back to the top.

vi. I don’t know where my spouse is; can I still get divorce?

Yes. The law makes provisions for those who cannot find their spouse. Simply call and talk with one of our attorneys, who will explain how it works and what we can do for you.

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vii. My spouse lives outside state/ country. Can I still get divorce?

Yes. Simply call and talk with our experienced attorneys, who will explain how it works and what we can do for you.

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2. Child custody and Child support

Who can file a request to modify an order regarding children?
Which terms in an order can be modified?
For what reasons will a court modify custody of a child?
Do I have to wait a certain amount of time before I can file a motion to modify custody?
Can my child choose his/her own custody?
For what reasons will a court modify child support?

Who can file a request to modify an order regarding children?

Generally, any person who is affected by the court order can request a modification.

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Which terms in an order can be modified?

A court can modify provisions for custody, visitation and child support.

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For what reasons will a court modify custody of a child?

The grounds for a change of custody are complex and should be discussed with an attorney. Among other things, the court may consider whether there has been a significant change in the circumstances of the parties or of the child, or whether a person with visitation has been convicted of child abuse or family violence.

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Do I have to wait a certain amount of time before I can file a motion to modify custody?

Generally you do not have to wait a certain amount of time to file a motion to modify custody. However, if you are seeking to change custody less than one year after the original order was signed, then the court has special requirements that you must show in a sworn affidavit before the suit can go forward. In the case of an emergency, the timing of the suit is usually not an issue, but in other circumstances it might be preferable to wait at least one year before attempting to change custody.

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Can my child choose his/her own custody?

A child 12 years or older may file a document with the court naming the parent with whom the child wishes to live. However, this choice is not binding, as the court must consider what is in the child's best interests.

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For what reasons will a court modify child support?

Child support may be increased or decreased if there has been a substantial change in circumstances of the parties or the needs of the child. Child support can also be modified if it has been at least three years since the last child support order, and the new amount calculated under the child support guidelines differs by either 20% or $100.00 from the amount of support currently ordered.

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