These past few months have affected the lives of people around the globe. Our points of reference changed overnight. We all were forced to modify instantly our habits and discover a new norm for work, school & living.
I’m Keith Spencer. A Board Certified family law attorney with Bailey & Galyen.
Grandparents are frequently the most stabilizing forces in a child’s life. This is especially true when the biological parents are unable to meet the needs of the child, due to addiction or incarceration. However, it can be very challenging for Grandparents to obtain court-ordered custody, or even visitation rights with their grandchildren.
Texas law provides a legal preference for biological parents to raise their children, unless the court receives proof that they’re a danger to the child’s heath and emotional welfare. Grandparents facing such an issue should consult with an experienced Family Law Attorney, to evaluate and prosecute their case. Failure to meet the necessary burden of proof, leaves the court little choice but to dismiss the Grandparents’ case before it even gets started.
Grandparents’ Rights are very restricted. It’s imperative that Grandparents retain counsel with knowledge and experience in Grandparents’ Rights cases.
At Bailey & Galyen we provide FREE initial consultations. Come meet with us and let us evaluate your case.
Hi, I’m Scott Robelen. For the last 15 years I’ve been the Managing Attorney of Litigation in the Dallas office for the law firm of Bailey & Galyen. I’ve been a practicing litigation attorney for 30 years.
We handle an array of cases and we have an array of experience levels. The least of our experience levels are a minimum of 10 years for our attorneys. Some of our attorneys have been practicing for 40 years so we handle all types of cases. Trucking cases, Medical Malpractice cases, a lot of insurance cases where the insurance company simply won’t pay. We handle a lot of catastrophic cases where people have suffered from life changing injuries and we’ve helped them secure enough financial prosperity to help them live comfortably for the rest of their life. That’s what we do.
So if you’ve suffered a catastrophic or serious injury do not wait to hire an attorney. I can assure you the people on the other side of your case already have their lawyers on it.
I’m Jamie Gilmore, an employment attorney with Bailey & Galyen. Inevitably, as the religious landscape in this county expands, employees who adhere to a any certain religious belief system (and those that do not adhere to any religious belief system at all) are encountering conflicts in the workplace. Because employers are responsible for maintaining a nondiscriminatory work environment, they are liable for perpetrating or tolerating religious harassment of their employees.
Hi my name is Kim Wyatt, I am the Managing Attorney here at Bailey & Galyen for the Workers’ Comp Department.
I wanted to talk to you about a couple of things that we get a lot of calls about. One is should I go back to work, my company has said that they have light duty for me and the other one is my checks stopped and I don’t know why.
The Key Factors Related to Spousal Maintenance in Texas
Though not as common as it used to be, alimony is still available in a Texas divorce and may be granted at the discretion of the judge. Either party to a Texas divorce may petition the court for some type of maintenance, but the court typically orders the payment of support only if the requesting spouse (payee) lacks sufficient assets at the time of the divorce to meet basic needs and one of the following conditions applies:
- the payee has a physical or mental disability that prevents them from earning the necessary income to be self-sufficient;
- the requesting spouse has custody of a minor child who requires substantial care or supervision, making it impossible for the custodial parent to work;
- the party from whom the maintenance is sought has been convicted of abuse or domestic violence against the spouse or a child within the 24-month period immediately preceding the filing of the divorce complaint; or
- the parties have been married at least 10 years, and the payee lacks the skills or ability to earn enough income to meet basic needs.
What the Court Will Consider When Evaluating a Maintenance Request
The criteria the court evaluates when making an alimony/maintenance decision include:
- the financial resources of the spouse seeking maintenance, including the community and separate property and liabilities apportioned to that spouse in the dissolution proceeding, and that spouse’s ability to meet their own needs independently;
- the ability of the spouse from whom maintenance is requested to meet their own personal needs;
- the financial resources of the spouses;
- the length of the marriage;
- the age, employment history, earning ability, and health condition of the spouse seeking maintenance;
- the dissipation of any marital assets;
- the education and job skills of the spouses;
- the contribution by one spouse to the education or earning capacity of the other;
- any pre-marital property;
- the contribution of a spouse as homemaker;
- any marital misconduct of the spouse seeking maintenance; and
- the efforts of the spouse seeking maintenance to pursue available employment counseling as provided by Chapter 304 of the Texas Labor Code.
Contact the Divorce and Family Law Attorneys at Bailey & Galyen
At the law office of Bailey & Galyen, we offer a free initial consultation to every client. For an appointment with an experienced Texas divorce and family law attorney, contact us by e-mail or call our offices at 844-402-2992. We will take your call 24 hours a day, seven days a week.
Child Custody in a Texas Divorce
What Courts Do and Don’t Consider When Granting Custody
The determination of where a minor child will reside, and when a non-custodial parent may spend time with the child, are often the most challenging issues to be resolved in a divorce proceeding. As a parent, you want what’s best for your child, but you also want to play a meaningful role in their growth and development.
You can, of course, work out your own arrangements with respect to custody and visitation, but those agreements must be approved by the court. If you cannot come to an amicable resolution, the court will make those determinations based on a number of factors.
The Unique Terminology in Texas
Texas courts no longer use the terms “custody” and “visitation.” Instead, Texas refers to custody as “conservatorship” and visitation as “access.” A conservatorship generally carries the right to make legal decisions on behalf of the child, including matters related to education, schooling, and religious affiliation/training. One parent may be designated the sole managing conservator, or both parents may share a joint conservatorship.
The Best Interests of the Child
In conservatorship rulings, Texas courts are bound by law to give priority to the best interests of the child. It is presumed that a joint managing conservatorship is in the child’s best interests. A joint managing conservatorship, however, means only that the parents share rights and duties—it does not necessarily mean that they share them equally. As a general rule, one parent has the right to determine the residence of the child, and one parent has the right to receive child support. Furthermore, a joint managing conservatorship does not mean that both parents are entitled to equal time with the child.
If one parent seeks to be named sole managing conservator, they must overcome the presumption favoring a joint managing conservatorship with evidence that sole conservatorship would be in the child’s best interests. When making that determination, there are certain factors a court may consider and others it may not:
- Factors that may be considered—The court can use any of the following to make a custody/conservatorship ruling:
- The emotional and physical needs of the child
- The prior involvement and relationship of each parent with the child
- The health of each parent
- The financial security of each parent
- The child’s age and preferences
- Any documented history of abuse or neglect—This involves neglect or abuse of the child, the spouse, or anyone under the age of 18. The wrongful act must have occurred within two years of the filing of the divorce/conservatorship action. Texas courts are precluded from appointing a person as either a sole or joint managing conservator if there’s credible evidence of a pattern/history of child neglect or physical/sexual assault.
- Factors that cannot be considered—The court may not make a conservatorship decision based on the gender of either the child or the parent. Furthermore, marital status may not factor into the decision.
Contact the Divorce and Family Law Attorneys at Bailey & Galyen
At the law office of Bailey & Galyen, we offer a free initial consultation to every client. For an appointment with one of our experienced divorce and family law attorneys, contact us by e-mail or call our offices at 844-402-2992. We will take your call 24 hours a day, seven days a week.