Divorce, Modifications and Enforcement Cases in 2019

Why People File Divorce, Modifications and Enforcement Cases after the New Year

Families look forward to the holidays and couples in challenging marriages and co-parenting situations hope for the best. While being optimistic that the holidays will bring out the best in people, too often they are reminded why they are having conflict in their marriage or with the other parent of their children.

Because Thanksgiving, Christmas and New Years are so important to children, many parents who know their marriage is on rocky ground, chose to put conflict aside. Many people who were thinking about a divorce, child custody modification or case for the enforcement of court orders are ready to move forward after the holidays and when the kids are back in school.

Divorce Modifications and Enforcements
For Divorce, Modifications and Enforcement Cases, Call Attorney Richard T. Sutherland in Wichita Falls, Texas at (940) 691-2100.

Family Violence and Protective Orders

Family violence, drug and alcohol abuse, child abuse and spousal abuse are serious matters. People who don’t leave dangerous marriages and relationships put themselves and their children at increased risk.

The first move when getting out of harm can be a protective order. Your divorce lawyer can help you obtain a protective order on an emergency basis when warranted. If the other party, the respondent, violates the terms of the protective order, they can be arrested and jailed. Protective orders are serious business and should only be used when necessary to protect family members from the threat of or continued harm.

What to Look for When Searching for a Divorce and Family Lawyer

When divorce is inevitable, and the marriage is broken, it is important to be well-prepared. It is important to hire a divorce lawyer focused on divorce and family law issues, an experienced trial attorney with the experience and strategy to produce results.

Whether the matter is a new divorce, modification or enforcement suit, an experienced family law attorney will create a unique strategy in the best interests of the family and children involved. Richard T. Sutherland is a seasoned Wichita Falls divorce lawyer with a career of leadership among divorce and family lawyers in Texas.

Our website offers a growing library of blog articles and podcasts. Listen to attorney Richard T. Sutherland and learn the elements of a variety of divorce, custody and family law topics in Texas.

First Steps When Filing for Divorce in Wichita Falls

There are resources online including the content on this website to help people learn about divorce and what to expect. When someone knows they are ready to start the process and file, they must be ready to move forward. Hiring a divorce lawyer they can trust is important.

Divorce attorneys like Richard T. Sutherland appreciate that divorces can be difficult and emotional. They are accustomed to seeing good people going through rough situations.

It is important to be organized and give your divorce lawyer the information they need to create the best negotiation and litigation strategy to help you and your family.

Being Prepared for Custody Modification Cases

Custody modifications are original suits filed to change the terms and conditions of a court’s temporary or final orders regarding conservatorship and possession or access to a child. When modifications are filed within one year of the last order regarding conservatorship or possession or access, there are several factors that can be alleged to demonstrate that it is in the best interests of a child to make a modification to the custody orders.

In cases including family violence and child abuse, the court may presume a material and substantial change in circumstances required to modify the rights and duties of persons or parents having conservatorship and possession or access to the child. For example, an order naming both parents as joint conservators can change to one parent being the sole conservator. The terms and conditions of possession and access can also be restructured.  

Exclusive rights to determine the residence of the child may also be modified based on grounds and factors for modifications including the above, as well as economic situations, such as a new job requiring a parent to relocate.

Enforcing Possession or Child Support Orders

As children grow older their needs change. As parents pursue new relationships, dynamics change. Sometimes what worked well for years becomes a conflict. When possession schedules become a problem and conflict increases it can become necessary to file an enforcement suit, seeking the court’s intervention in high conflict situations. The court can find people in contempt. They court can also order additional periods of possession or access to make up for an interference with possession or access.

Failure to pay child support also leads to enforcement cases. When a child support obligor changes jobs, loses a job or has a change in employment generally, child support payments can be interrupted. Issues with child support payments and arrearages can be resolved out of court, or a new enforcement case can be filed with the court and served on the non-compliant child support obligor.

Richard T. Sutherland is a Wichita Falls Divorce and Family Lawyer for Divorce, Modifications and Enforcement Cases

In the new year and after the dust has settled, or at any time of year, things can change for people and their families and a divorce, modification or enforcement case is necessary. Richard T. Sutherland is a well-experienced divorce and family lawyer in Wichita Falls, Texas and he has a career’s worth of experience negotiating and litigating cases requiring everything from out of court agreements to significant trials before a judge or jury. He is licensed to practice law in Texas, not Oklahoma.

For a consultation for divorce, custody modification or enforcement of possession or child support, contact us online or call the Law Office of Richard T. Sutherland in Wichita Falls, Texas at (940) 691-2100.

Texas Child Custody and Conservatorship

Richard Sutherland Podcast: Texas Child Custody and Conservatorship

This is The Wichita Falls Family Law Podcast, with Attorney Richard Sutherland. We talk about Texas divorce and family law. This program is a Texas child custody and conservatorship podcast focused on helping people better understand Conservatorship and the rights and duties of parents in Texas.

 

Texas child custody and conservatorship podcast:

  • What is Conservator in Texas
    • What is a parent conservator?
    • What are their rights and duties?
  • Joint Managing Conservator
    • Does not mean joint custody
    • Rights and duties with the child
  • Sole Managing Conservator
    • In cases involving family violence
    • Other parent may not in child’s life
  • Possessory Conservator
    • Fewer decision making rights
  • Non-parent Conservator
    • Not entitled to certain rights and duties

Listening to this Texas child custody and conservatorship podcast can help people better understand how conservatorship works, and it can be confusing. People often call Attorney Sutherland reporting they have joint custody, and many times those parents are joint managing conservators with rights to child support, to determine the residence of a child and primary possession and access to the child, for example. If you only take one thing away from this podcast, custody and conservatorship are not the same in Texas divorce and family law.

For additional general information, please read about family law and child support on our website.

Family Law, Divorce, Child Custody, Habeas Corpus, Modifications, Enforcements, Interstate Family Law, Pre & Post Marital Agreements, Child Support, Interstate Family Support, Family Law Podcast Texas child custody and conservatorship podcast
Richard Sutherland Attorney at Law Family Law Practice Areas

 

Attorney Richard T. Sutherland practices family law and commercial litigation in Wichita Falls and all over Texas. Since being licensed by the State of Texas in 1976, Richard Sutherland has been an active member and leader in many legal organizations including the State Bar of Texas. He is a frequent speaker and continuing legal education contributor. Sutherland is an alumnus of The University of Texas at Austin and the Oklahoma City University School of Law.

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.

You can follow Attorney Richard T. Sutherland on social media and find useful articles and resources for you and your family. Richard Sutherland is on Facebook, Twitter and LinkedIn. For a virtual library of blog articles and podcast interviews about Texas divorce and family law please visit WichitaFallsFamilyLaw.com.

Child custody issues in a Texas divorce

Child custody issues can be challenging and complex. Children only have one chance to be kids and grow up with a bright future ahead of them. Nurturing their growth and development is important and parents in divorce fear a disruption in their children’s lives. The Texas Family Code and courts are focused on the best interests of children and assurances they may grow up in stable and supportive environments.

Family Law, Dirovrce, Child Custody, Habeas Corpus, Modifications, Enforcements, Interstate Family Law, Pre & Post Marital Agreements, Child Support, Interstate Family Support
Where will the children live during the divorce?

Not long after a new divorce case is filed, the court will conduct the temporary orders hearing to make initial determinations about where the children will live, which parent may remain in the marital home and how certain finances will be handled. The judge will generally seek to assure a status quo in children’s lives during divorce and keep them their familiar home, school and community. The court considers a variety of factors in the best interests of the children.

If the parents can agree on who will live in the marital home with the children, then the judge will not need to make that decision at the temporary orders hearing, a decision that can be in place for up to a year or more until the divorce is settled by agreement or through a divorce trial.

What is joint managing conservatorship?

In Texas, custody is called conservatorship and there is a presumption that both parents should be joint managing conservators. However, if there are issues involving family violence, drug or alcohol abuse or that which threatens children’s health, safety or wellbeing, one parent may be designated as the sole managing conservator.

A parent with joint managing conservatorship has the authority to make decisions for a child about where they will live and go to school, religious training, medical and dental needs and everything else that goes along with daily living.

How is possession and access determined?

In Texas, visitation is referred to as possession and access to the child. The parents can agree to their own schedule of where the children will be and with which parent, or the court can use a standard possession order at the initial temporary orders hearing. The standard order gives what we may call the non-custodial parent possession and access for a few hours on Thursday evenings, and during the first, third and fifth weekends of the month, alternating holidays and for a month during the summer.

Possession refers to your time with the child in person and your right to have the child with you wherever you may be. Access, however refers to your right to contact your child by phone, text, social media and so forth. You also have access to attend school activities and have access to school and healthcare records.

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.

You can follow Attorney Richard T. Sutherland on social media and find useful articles and resources for you and your family. Richard Sutherland is on Facebook, Twitter and LinkedIn. For a virtual library of blog articles and podcast interviews about Texas divorce and family law please visit WichitaFallsFamilyLaw.com.