What to Expect When Hiring our Kerrville Family Lawyers
Hiring the right family law attorney in Kerrville can make all the difference when it comes to the complex challenge of dealing with family law cases regarding marriage, children, divorce, and adoption.
Today’s modern families are significantly more complicated and diverse than ever before. These families require the services of an expert Kerrville family lawyer in the event of a conflict that cannot be resolved without legal help.
The team of Kerrville family law attorneys at Amsberry Law firm has the knowledge and experience to tackle the most complicated and challenging family law cases. We understand how difficult this process can be, as many of these cases can be the cause of significant worry for family members.
Our team is here to work tirelessly to alleviate your concerns and give you the best outcome possible for your family law matter in Kerrville.
Trust Our Team to Work Tirelessly for You
It can be unsettling to allow anybody outside of your own family to hear the details of your private life. An unresolved conflict that requires the services of a family law attorney in Kerrville can be even more frightening and intimidating to all parties concerned.
You can count on us to be there every step of the way with you during this difficult time. We are ready to begin tackling your case as soon as you hire us.
Call our family law lawyer in Kerrville today at (210) 354-2244 for a case review. We will explain everything you need to know while we support you in your matter.
Our Areas of Family Law Expertise
Our focus is firmly on family law in Kerrville and has been for over 25 years. On top of that, we have experts who can assist with employment law, estate planning, and probate needs if you require them.
Our team has years of expertise and is more than ready to go the distance when dealing with your case. We work hard to achieve results that even our clients may not have thought were possible.
Hiring our family lawyer can help you navigate the complicated legal issues related to family law in Kerrville.
We are ready to help you with:
Divorce
Hiring our team will help you to understand the state rules concerning divorce even if you and your spouse have agreed to most of the legal aspects of your separation.
If this is not the case and you have unresolved issues regarding child custody, child support, fair division of assets and debts, or alimony disputes, then our team is ready and waiting to help with these negotiations.
If you are a member of the military and need help with your divorce, we can help with that, too, whether you are on deployment or stateside.
Child Custody and Visitation
As each family’s needs for custody and visitation can differ dramatically from case to case, we use facts to argue for the most favorable and stable situation for the children involved in a dispute of this nature.
We tailor our representation to meet the unique needs of each child custody and visitation case we handle, giving complete peace of mind to our clients during this often painful time in their lives.
Paternity
Paternity cases are often highly emotionally charged.
When it comes to seeking custody and visitation, we give our clients the support they need, whether they are unmarried, divorced, or separated.
Child Support
One of the toughest challenges of a divorce is coming to terms with the financial support the children of such a separation will require going forward. Agreements of this nature must not only meet the needs of the children but must also be fair and equitable to the parents involved.
Our team is here to fight for our clients to help them receive an outcome that is both fair and just.
Alimony and Spousal Support
Proper spousal support Is available on a limited basis in Texas. This support can give you the time you need to gain new skills to help rejoin the workforce. Our Kerrville family lawyers will argue for the alimony payment you deserve.
Property Division
Depending on when you and your spouse acquired property, the division of these assets can be a lengthy and complicated process.
Our team of family lawyers in Kerrville is waiting to assist you with any property division case, no matter how large or small it may be.
Domestic Violence
When your spouse is engaged in violence against you or the children, the divorce hearings must address the facts and consequences of the abuse.
Having said that, we will vehemently defend the rights of our clients who are the target of false allegations of abuse; we understand the pain and suffering that can bring to one unfairly labeled an abusive spouse or parent.
Adoption
Our family law lawyers in Kerrville provide advice and legal help on all types of adoption proceedings, including those involving private adoptions, agency adoptions, stepparent adoptions, and adoptions by relatives.
Post-Divorce Modification and Enforcement
Your life, or that of your spouse, can experience significant changes in circumstances after an initial divorce settlement. These changes may require a new settlement to be reached that reflects those facts.
If your divorce agreement requires modification or enforcement, our team is ready to help you take the necessary steps to achieve that.
Prenuptial and Postnuptial Agreements
A wedding is a magical time when nobody wants to think about anything other than a future filled with happiness and joy. Unfortunately, being short-sighted at this juncture can lead to not having the protection one needs if the worst happens and the marriage ends in divorce.
A good prenuptial or postnuptial agreement lays the groundwork for an amicable settlement should a divorce occur. Agreements such as these protect everyone involved, including children.
Grandparent rights
A divorce proceeding and determination of child custody and visitation is difficult on everyone in the family, including grandparents. Grandparents in Texas have limited rights concerning their grandchildren after a divorce. In some cases, a judge may determine that the children are safer with their grandparents, but this requires the services of an expert family attorney due to its complexity.
Alternatively, if your adult child passes away or has their parental rights terminated, you may still have the standing to seek court-ordered periods of visitation and possession.
Our team of family lawyers in Kerrville has the answers to all your questions when it comes to the rights of grandparents in family law.
Why Do Clients Pick Amsberry Law Firm for Family Law Representation?
Russell Amsberry is well-known for his honesty and sincerity, treating all his clients with the professionalism and compassion they deserve. His past clients know how hard he and his team of family lawyers in Kerrville worked to get them the justice they deserved.
This desire to serve our clients to the best of our ability carries through to the entire staff. We have several attorneys on our team who have been board certified in family law. They have the experience, expertise, and tenacity our clients need when litigating a family law case.
Learn more about how we tailor-make our approach to a case by calling us for a consultation at (210) 354-2244.
Let Our Family Lawyers Help You Minimize Instability
When a family undergoes an event that requires our services, instability for the family is also likely to be a concern. Unfortunately, adults who need to file a family law case will often notice that life is upended for both them and their children.
This is extremely hard on everyone in the family, but it is especially difficult for children. As a parent, even though you understand that a divorce is necessary, you hate to see your children lose a stable home life in the process.
Our team knows how frustrating it can be to work through a family law case. We will provide you with compassionate service, keeping the well-being of the children in mind. Our goal is to achieve the best possible outcome in the shortest amount of time, so you can return to a sense of normalcy and get on with your life.
Let Us Use Our Knowledge of Kerrville Family Law to Your Benefit
One of the things that allows us to work a case faster is our extensive knowledge of Texas statutes related to the Collaborative Family Law Act. We use our expertise to help cases move through district or county courts as efficiently as possible. We know how important it is to the stability of a family to have answers to your questions as quickly as possible. Every step we take is calculated to move the case forward and achieve the best outcome possible.
We Will Fight Hard Toward a Successful Outcome
We balance the desire for a fast resolution with the need to help you achieve the best possible result for you and your children. We will never sacrifice the outcome of a case on the altar of expedience or prejudice our clients in any way when seeking to resolve a matter as quickly as possible.
We keep our clients up to date on all aspects of their cases. When questions arise, we are here to provide answers and advice. When you have the information you need to make informed choices, the case moves along faster and you never have the feeling that you could have done more.
FAQs about Family Law in Kerrville
Generally, our clients are unfamiliar with the family law process, at least in Kerr County. So, we’ve gathered some frequently asked questions so we can answer them in one place and empower our clients to make better decisions for themselves and their families.
What is Joint Custody?
This phrase usually refers to legal custody, as opposed to physical custody. California lawmakers passed the nation’s first joint custody law in the 1970s. Before then, the residential custodian, who was usually the mother, had the exclusive right to make decisions on the children’s behalf.
These decisions include the right to designate the child’s primary residence, school, physician, religious background, and other important items. If the parents disagree in these areas, resulting in a 1-1 tie, the residential custodian usually has the power to break this tie.
To enhance the joint custody rights of noncustodial parents, our Kerrville family law attorneys often include specific language in the divorce decree. For example, a provision regarding the child’s physician might be “The child will see Dr. X.” Conversely, if we represent the residential custodian, we try to keep this language as general as possible.
In case you’re wondering, in terms of physical custody, most families chose the traditional every other weekend and every other holiday arrangement. This setup usually results in about a 70-30 timeshare division, in favor of the residential parent. Alternatives, such as block scheduling, are available as well. These alternatives usually put the parenting timeshare division much closer to 50-50.
Do I Need an Attorney for Adoption?
A Kerrville family law attorney helps families throughout the adoption process, whether that process is agency adoption, private adoption, or stepparent adoption.
ack in the day, almost all adoptions were agency adoptions. Now, most adoptions are still agency adoptions, but the proportion is smaller. Agency adoptions are often attractive because the agency handles most of the legwork. Sometimes, the agency does its job too well, and the adopting family feels left out of the conversation. A Kerrville family law attorney makes sure that doesn’t happen.
Attorneys are even more important during private adoptions. That’s especially true in foreign adoption matters. Technically, these cases are re-adoptions. The family adopts the child in a foreign country then re-adopts the child in Kerr County.
Even more importantly, Texas law contains very specific rules as to how much financial assistance an adopting family may give a birth mother. Paperwork rules are even more specific. Filing a document a few hours too late, or a few hours too early, could undo the adoption. Biological parents who change their minds could later challenge these proceedings in court.
Since the divorce rate is so high, stepparent adoptions are common as well. Basically, a stepparent takes the place of a biological parent. Generally, Kerr County family law judges streamline the stepparent adoption process. For example, many judges waive the social study, if a Kerrville family law attorney makes a formal request in court.
Does Texas Allow Legal Separation?
Most states, including Texas, don’t allow legal separation. Truthfully, the process is often a waste of time, which is why most states no longer use it. When one spouse files for legal separation, the other nearly always counterclaims for divorce.
However, judges do enter temporary orders in divorce and paternity cases. These orders are a kind of legal separation. The judge makes decisions about child custody, parenting time, spousal support, child support, and other important issues.
Generally, a judge holds a temporary hearing about two weeks after the petitioner files legal paperwork. So, a Kerr County family law attorney must hit the ground running. Although these orders technically expire when the judge issues final orders, temporary orders are often the blueprint for final orders. Effective representation at the temporary hearing ensures that the judge hears both sides of the story.
Who Pays the Legal Fees in a Family Law Case?
Generally, each side is responsible for its own attorneys’ fees. Financial inability to pay, as opposed to financial unwillingness to pay, may be the biggest exception.
We mentioned temporary orders above. Frequently, if the divorce blindsided the obligee (person requesting support), the obligee cannot pay his/her bills, and the obligor (person paying support) is in a financial position to help, the judge may order the obligor to pay some or all of the obligee’s attorneys’ fees. Generally, these payments go directly to the obligee’s Kerrville family law attorney.
Either the petitioner (filing party) or respondent (nonfiling party) could be blindsided by divorce. Unexpected marital trauma, like an affair or domestic abuse, ends many marriages. Additionally, when petitioners are contemplating divorce, they usually don’t inform respondents of their plans.
How Does a Court Decide on Alimony?
According to Family Code Section 8.001, alimony is available if the requesting spouse lacks sufficient resources to provide for his/her minimum reasonable needs, and one of the following is true:
- The obligee has a serious mental, physical, or other disability which basically prevents the obligee from working,
- The marriage lasted at least ten years, or
- The obligee has custody of a child “who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.”
Judges use a number of factors — such as the standard of living during the marriage, custody of minor children, and noneconomic contributions to the marriage — to determine the duration of payments. In most cases, state law caps these payments at ten years. Courts apply roughly these same factors to determine the amount of payments. These payments are capped at $5,000 per month or 20 percent of the obligor’s gross income.
A judge may modify the amount and/or duration of payments if financial or other relevant circumstances have materially, unexpectedly, and permanently changed.
Call the Amsberry Law Firm for a Family Law Attorney Consultation
If you are involved in a dispute with a family member and need the help of one of our seasoned family lawyers in Kerrville, contact us at (210) 354-2244 today to let us guide you through this difficult and challenging time.
Attorney Russell J.G. Amsberry
Attorney Russell J.G. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazine’s listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. [ Attorney Bio ]
