Family Law

Family Law

The Milledge Law Firm places our client’s needs before our own. If you are looking for a firm willing to aggressively and strategically drive each case to resolution with your best interest in mind give us a call. 

Whether your case involves enforcement of child support or visitation orders, modifications, or even the termination of parental rights, The Milledge Law Firm has the skills and resources to assist you with your desired goals. We are available to answer any questions you may have. Call or email us today to schedule your initial consultation.  The following represents a brief summary of some of the types of family law issues we handle:

Adoptions

Adoptions involve the termination the parental rights by one or both of the biological parents of a child, and the assumption of these rights by another party. Adoptions require strict adherence to technical legal requirements and you will need an experienced attorney to ensure that this complicated process goes something.

Attorney General Cases

The Office of the Attorney General manages child support in Texas. The office of the attorney general has the ability to bring cases of its own motion, or to intervene in a pending case involving child support. The OAG often tries to encourage agreements, but it is important to know your rights before making any agreements.

Child Custody

Parents in Texas are either named joint managing conservators or sole and possessory managing conservators of their children. Regardless of the type of conservatorship, one parent is usually given the right to designate the primary residence of the child. This is the parent who the child lives with most of the time. A court awards this right based on the best interest of the child. If you want custody of your child, or want to better understand your rights as a parent, The Milledge Law Firm can help you understand the factors used in determining custody.

Child Support

The Texas legislature has created strict guidelines regarding how much child support the non-possessory parent should pay every month. An experienced family law attorney can help you accurately calculate guideline child support and can review your unique situation to determine if your child qualifies for above guideline support.

Divorce

A divorce, or dissolution of marriage, occurs when one or both spouses seek to break the marriage contract. Texas allows both no-fault and fault divorces.

Uncontested Divorce

Uncontested divorces are divorces in which both spouses are in agreement on all issues and one spouse agrees not to hire an attorney.

Contested Divorce

Contested Divorces occur when the parties cannot reach an agreement regarding one or more issues in a divorce.

Divorce by Publication

A divorce by publication occurs when one spouse wants a divorce, but does not know the location of the other spouse. The divorce can go forward without the missing spouse so long as the proper steps are taken to attempt to find the spouse and to publicly post notice of a pending divorce.

High Net Worth Divorce

A high net worth divorce differs from other divorces in the complexity of the property division issues likely to occur. The Milledge Law Firm has the experience and capacity to effectively manage cases with complex property division issues.

Enforcements of Child Support and Visitation Orders

Court orders regarding payment of child support or visitation schedules can be enforced by contempt. That means that if your child’s other parent fails to pay child support or fails to allow you to see the child when your previous order says it is your time, they can be fined or even put in jail for their failure to comply. The Mileage Law Firm has experience bringing and defending enforcement actions.

Modifications of Child Support, Custody and Visitation

If a previous order related to your children is no longer working for your family, it is possible to modify or change that order. Modifications are allowed if one party can prove that a material a substantial change has occurred since the last order or that the previous order is no longer workable for the parties.

Paternity

In cases where the parents of a child are not married, the father must be adjudicated before any orders regarding child support, visitation and access and conservatorship can be made by the court. Many courts require DNA testing even when both parties agree as to the identity of the father.

Pre-Marital Agreements

Pre-marital agreements are designed to address issues of property division that may occur in a divorce prior to the parties’ marriage. Discussing finances with your future spouse is critical to having a successful marriage and some people feel that it strengthens their marriage to reduce these discussions to writing. Pre-marital agreements can only address property issues; future children of the parties cannot be included.

Protective Orders

In order to be granted a protective order, the victim must prove a history or pattern of family violence and a likelihood that family violence will occur in the future. Protective orders have broad ramifications on other types of family law proceedings, especially any pending case involving custody or access to minor child.

Spousal Maintenance

In certain cases one spouse is ordered to making monthly payments for the support of the other spouse. Usually, the parties must have been married for at least ten years or one spouse must be disabled for courts to order spousal support after the divorce is finalized. Temporary or interim spousal support is more common, in which one spouse makes payments for the support of the other spouse while the case is pending.

Suit Affecting Parent Child Relationship

A suit affecting the parent child relationship gives conservatorship, visitation and support rights and duties to both parents of a child when those parents are not currently married to each other.

Termination of Parental Rights

In order for a child to be adopted, the parental rights of one or both parents must be terminated. Parental rights can be voluntarily relinquished in some cases, or can be involuntarily terminated for good cause shown.

Temporary Orders

Temporary Orders determine child custody and property use issues while a case is ongoing.

Temporary Restraining Orders

Temporary Restraining Orders are put in place to insure that both spouses act in good faith while the case is pending. They prevent either spouse from making any large changes regarding the parties’ property or children for a certain period of time.

Visitation and Access

It is important that all parents have a clear and enforceable schedule for when they will see their children. There is a standard possession order in Texas the serves as a guideline for the minimum amount of visitation each parent should have. There are also many creative possession schedules that may work for your family. We can help you decide which is best for you.

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established