Divorce

As Christians we know that divorce is never God's plan for marriage, but we also know that there are circumstances when the Bible permits the dissolution of the marital union, such as infidelity or cases of abandonment (perhaps by your spouse filing divorce proceedings against you). If you find yourself in one of these circumstances, and if reconciliation is not a realistic possibility, then it is wise and proper for you to obtain legal counsel to advise you through this most difficult time and, if necessary, to fight to protect your interests. 

Mark Lewis has practiced law for over twenty-six years, primarily with prominent national law firms, but more recently as a solo practitioner. He also has a Master of Divinity degree from Trinity Evangelical Divinity School. Mark's goal is to help his clients who are dealing with the stress of divorce and child custody issues in a way that protects all their rights and also minimizes the emotional strain the parties often feel in these situations.  Most family law disputes are settled through negotiation or mediation, but if going to trial is required, Mark has twenty-six years of litigation and trial experience. He knows how to prepare cases for trial and how to present a compelling argument to a judge or a jury. He fiercely advocates for his clients to achieve for them the best possible outcome.

Going through a divorce is one of the most difficult things you will ever do. Even if you and your spouse have reached agreement on child custody and property division issues, divorce is still a highly emotionally charged matter.  If the divorce will be at all contentious the emotions and the stress are escalated even more.  You need a lawyer whose first priority will be to protect your rights, but who also cares about your emotional and spiritual well-being. Mark will explain to you the legal process, work with you to determine your goals for the outcome of the divorce, give you a realistic assessment of your case based solely on the facts, not on emotion, and design a strategy that can help achieve your goals.

Child Custody and Visitation

Issues regarding the custody of your children and parental visitation rights are often the most divisive and the most stressful that parents encounter. Who gets physical and legal custody of children is usually the most important issue to parents involved in divorce or custody proceedings. Fights over custody can also be extremely stressful to the children caught in the parents' cross-fire.

Mark will protect your right to participate as fully as possible in your child's life. He has the knowledge and experience to minimize the negative impact that custody disputes can have on you and your child, and he will do so in a way that protects your and your child's best interests.

Child Support

Both parents have an obligation to support their child financially. When parents end their relationship through divorce, separation, or otherwise, a court will usually order the parent who does not have primary custody to pay a certain portion of his or her income for child support. The parents need not have been married for a court to order child support. Child support obligations usually continue until the child reaches 18 years of age or graduates from high school (whichever occurs later) unless the child becomes emancipated before this time (by getting married, for example).

The amount of support a parent may be ordered to pay is usually governed by statutory guidelines. The guidelines require that a parent pay a certain percentage of his or her net financial resources (after deductions for income taxes, etc.).  The percentage the parent must pay depends on the number of children the parent is supporting.

Although the guidelines frequently control the amount of child support ordered, a court may deviate from the guidelines if the needs of the child or the circumstances of the parents warrant a change. How much child support a parent must pay varies greatly depending on the circumstances and must be determined on a case-by-case basis.

Child Custody Modification

Even after a court has issued an order regarding custody and visitation, it is possible in certain circumstances to have the order modified. Before an order can be modified, a party must show that there has been a material and substantial change in circumstances since the rendition of the order and that the change in circumstances justifies a change in the order.

As children grow and mature their needs change. Their relationships with their parents change. Parents also change, finding new employment, new homes, new cities, and even new spouses. Although we hope those changes are all for the good, the unfortunate truth is that far too often they are not.  In some cases a parent may begin to abuse alcohol or drugs, become violent, or place a child in a dangerous situation. An order that was appropriate when it was originally entered may no longer be in the child's best interests. In those instances, the order should be modified, and Texas law allows for such modifications.

Mark Lewis can help if you need to obtain a modification of a child custody and visitation order when changes in the child's or the parent's circumstances warrant it.

Child Support Modification

People’s financial circumstances change. So do their financial needs. Texas law allows modification of child support obligations if the circumstances of you, your child, or the other parent have materially and substantially changed since the rendition of your last court order.

Examples of material and substantial changes in circumstances include:

• A change in either parent's financial circumstances (e.g., loss of job, increase or decrease in salary, birth of another child.
• The financial needs of the child increase as the child grows older (e.g., due to increased educational expenses, recreational and extracurricular expenses).
• Change in the cost to exercise visitation or custody rights (e.g., if parent with primary custody moves farther away).
• The child moves out of the home of the parent who receives child support.

Paternity

A paternity suit is a legal action brought to establish the identity of a child’s father. According to Texas law, if a child is born out of wedlock, the father does not automatically have legal rights to participate in the care and custody of a child, nor does he automatically have a legal obligation to support the child.

Typically paternity suits are filed for one or more of the following reasons:

• To gain custody or possession of a child.
• To modify an existing custody order.
• To establish visitation rights.
• To obtain financial support, including benefits like health insurance. 

Property Division

When spouses divorce in Texas the court will divide the property included in the couples' community estate in a manner that the court considers to be "just and right," a standard which can vary widely depending on the circumstances. Separate property belonging only to one spouse but not the other is not subject to division.  Separate property consists of property owned by the spouse before marriage and any gifts received by one spouse during the marriage. Property acquired by a spouse during the marriage is presumed to be community property subject to division by the court, but that presumption can be overcome. It can be extremely difficult to characterize assets and liabilities as community or separate. This is especially true when property is acquired with both separate and community funds.

Parental Relocation Suits

Texas law recognizes that in most cases it is healthy and desirable for a child to have frequent contact with both parents, even if the parents are separated or divorced. Consequently Texas courts are authorized to place restrictions on where children may live to make sure that one parent does not move the child some place far away from the other parent.

It is also the case, however, that moving from city to city is more common today than ever before.  People often need to move to take advantage of new job opportunities or to be closer to family.  When a parent with primary custody of a child needs to move, he or she will usually need to file a proceeding with the court to modify the custody order lifting any geographical restrictions on where the child can live.  Whether the court will allow the change will depend on a number of factors including:

• The parent's motivation for moving;
• If the move is for work, whether it is voluntary or involuntary;
• Whether the non-custodial parent will still be able to exercise meaningful visitation;
• The family and community ties the child has to each location;
• Educational and employment opportunities for the child and the parent in each location;
• Any special needs the child has and whether they can be met better in their current or the proposed new location;
• Whether the move might be traumatic for the child.

Step-Parents and Grandparents Adoption

Bringing a child into a loving home is a joyful and richly rewarding experience that yields a lifetime of blessings for the parents and the child. The legal procedures for completing an adoption, however, can be complicated and sometimes stressful. The parental rights of the biological parents will need to be terminated; the adoptive parents will have to undergo criminal and financial background checks as well as allow a home visit. Mark Lewis will work to make the process as easy and stress-free as possible and to avoid any expensive delays.