San Antonio Family Law Attorney
Texas family cases are often fraught with tension, stress, emotional hardship, and confusion. They can also be one of the most challenging and traumatic experiences that families can go through. This is why the compassionate and knowledgeable San Antonio family attorneys of Hoelscher Gebbia Cepeda, PLLC, provide efficient, honest, effective, and personalized legal representation to all our clients facing various family law matters.
Our skilled San Antonio family law attorneys have ample experience handling family law issues, including, but not limited to:
Divorce is a legal procedure that married couples use to formally end their marriage. Some divorce cases are relatively straightforward, while others that involve issues with children and substantial assets can be very complicated. Each divorce decree will differ from one case to another based on the unique circumstances and facts of the case. It typically addresses the following divorce issues:
- Property division
- Issues involving children, such as custody, visitation, and support
- Alimony or spousal maintenance
- The financial rights and obligations of each spouse after the divorce
Child Custody and Visitation
Cases involving contested child custody are common in situations that involve contentious divorces or separations. If the parents fail to agree on a fair custody and visitation schedule, the judge will intervene and make the decision for them. In such cases, judges will always consider the child’s best interests above everything else.
This is the financial assistance provided by the non-custodial parent or the parent who doesn’t live with the child. The parent responsible for providing child support can enter into an agreement voluntarily, through an administrative agency, or by a court order. Keep in mind that child support is solely for the child’s care and support and not the custodial parents.
LGBTQIA+ Family Issues
Same-sex marriage was legalized in Texas in 2015. However, LGBTQIA+ or same-sex divorce comes with unique issues, like the retroactive application of the marriage date, which presents significant financial and legal issues since this will predominantly affect property law, employment benefits, family law, and property succession law.
If you’re breaking up with your partner and you have kids, you may also face unique challenges because, unfortunately, the written law and how it’s practiced can be biased against LGBTQIA+ parents. Additionally, the laws concerning the community change constantly, but not always to their benefit.
Furthermore, while LGBTQIA+ individuals can legally adopt children in Texas, they usually encounter roadblocks. For instance, some religious and private adoption agencies may refuse to place kids with LGBTQIA+ families. In 2021, the United States Supreme Court decided that the Catholic Social Services of Philadelphia have the right to prohibit LGBTQIA+ couples from adoption and fostering. Unfortunately, this could very well happen in Texas as well.
Spousal Maintenance or Alimony
This is the financial support awarded to a spouse to make sure that they maintain their standard of living before the divorce. Alimony can be temporary or permanent (in rare cases), and the support amount will vary widely from one case to another.
Adoption can be a legally complex and nerve-wracking process. The arduous process will require numerous reports and studies, including interviews with the adoptive parents, evaluations of the adoptive parents’ home environment, and considerations of past criminal activities, among many others. Because the facts of each case differ significantly, you can discuss your case with our San Antonio family law attorney to learn more about the process.
Guardianship provides for an individual’s care and financial management while preserving, as much as possible, the individual’s independence and capacity to make crucial life decisions. Courts can appoint a guardian with limited or full authority over the incapacitated individual’s affairs, and they do not take this decision lightly.
Prenuptial and Postnuptial Agreements
Marriages can develop into complex situations for many couples, even before they begin. A prenuptial agreement can address issues that may arise before you get married. This contract typically details each party’s assets and their obligations and rights if the marriage fails. It can also address potential issues.
A postnuptial agreement essentially addresses the same issues but is created when a couple is already married. These marital agreements have benefits and drawbacks, and an attorney can give guidance that will be best for your specific situation.
Paternity is normally determined by the name of the father indicated on a child’s certificate of birth in cases involving married parents. But a court order is always required to establish paternity in cases where a single mother birthed a child.
Likewise, an unmarried father can voluntarily sign a declaration to establish paternity, granting them parental rights and enabling the mother to pursue child support. If you are considering challenging or establishing paternity in Texas, our San Antonio family law attorney can guide you through the process.
Family or domestic violence is a crime in all states. It causes emotional, physical, or psychological harm, depending on the type of abuse involved. But aside from physical injuries, family violence can likewise cause anxiety, shame, depression, and trauma to the victims. Victims can also try to handle the abuse by abusing alcohol or drugs and suffer financially since abuse of the threat of abuse can cause them to withdraw, miss work, or lose their jobs.
If you are experiencing any kind of family violence or feel that you or your family is not safe from your abuser, seek help immediately and call 911 for emergency medical help and support from law enforcement. It is also vital to note that family violence can worsen once you initiate a divorce, so take steps to safeguard yourself and your family before doing anything. Please don’t hesitate to reach out to our San Antonio family law attorney for help ensuring your family’s safety.
Once the shock of your child’s arrest has worn off, you’ll naturally have many questions about what will happen to your child and how they’ll be treated by the justice system because of their age. If your child has been arrested or is facing an arrest, contact our attorneys right away to learn more about the charges against your child and ensure that their legal rights will be protected.
Texas law enables grandparents to seek custody and visitation rights, but they will need to prove to the court that awarding these rights is in the best interest of their grandchildren. The burden of proof in such cases is a very stringent standard that can be hard to overcome. But if you believe that the emotional or physical health of your grandchild is in danger, contact an attorney right away. Waiting might hurt your ability to gain custody or access to your grandchild.
There are situations in which emancipation might be better for a teen instead of staying at home. These situations typically involve neglect, violence, or abuse. When a minor wants to pursue emancipation, they will have to petition the family court. The court must then decide whether emancipation is in the child’s best interest.
The Texas Child Protective Services (CPS) investigates cases of child neglect and abuse. It can arrange services for child safety and parenting to be informally provided, legally compel parents to attend these services, and forcibly take away children from their parents or guardians.
If the CPS takes your child away from you or contacts you to discuss allegations of neglect or abuse, please call our San Antonio family law attorney right away because CPS can take your child even without a court order.
Texas Family Law FAQs
How long does a divorce take in Texas?
The amount of time you’ll need to wait for your divorce to be finalized will ultimately depend on various factors specific to your case, such as whether you and your spouse agree on all your divorce issues and whether there are complex issues regarding property division.
How much is child support?
In general, if you only have one child for whom you’re paying support, you must pay 25% of your net monthly income for child support. Your net monthly income is your gross income minus certain tax deductions, union dues, or health insurance payments for your child.
Will I receive or pay spousal maintenance?
The court decides on permanent or temporary spousal maintenance on a case-by-case basis. It will consider certain factors, such as how long you were married, whether both spouses are employed or have skills, and each spouse’s health issues, among many others.
Can LGBTQIA+ couples enter into common-law marriage?
Yes. Having a common-law marriage status can be especially vital for LGBTQIA+ couples who have been partners for a long time but could not get married for many years because of laws that are now deemed unfair and unconstitutional.
Reach Out to Our Seasoned San Antonio Family Law Attorney Now
The most fulfilling part of our San Antonio family law attorney’s job is ensuring that families who come to us for legal assistance find the best solutions to their family law issues. Because Hoelscher Gebbia Cepeda, PLLC, has handled numerous family law cases, we know what laws to apply to your specific situation to secure the most favorable results for your case.
Above everything else, we will serve you with integrity and provide straightforward and honest legal advice to help you make the right decisions for you and your family. Call 210-222-9132 or reach us online to arrange your consultation with our San Antonio family law attorney today.