Category: Beal Law Attorneys

Child Custody: What is a Standard Possession Schedule?

A key part of any custody order is the possession schedule. Understanding it is the key to understanding when you have the right to have possession of your children and when you don’t.

In Texas, Family Code Section 153.312 specifies what the Standard Possession Schedule is.

By law, the Standard Possession Schedule (also known as the SPO) sets out the minimum amount of time that is presumed to be reasonable for a fit parent to have with his or her children. Meaning that unless evidence is introduced proving why it would not be in the Best Interest of the Children to spend at least that much time with a parent, a judge must give a parent at least that much time. For a discussion of the Best Interest standard, see this previous blog post.

At the outset of virtually any possession schedule, whether it is an SPO, Modified SPO, or something else, you will find a statement that “the parties may have possession of the child at times mutually agreed to in advance by the parties.”

If the parties don’t agree on something different, then the terms of the possession schedule in the order control. The basics of the Standard Possession Schedule for the non-primary parent – when the parties live within 100 miles of each other – are this:

  1. First, Third, and Fifth Weekends.

In an SPO, the non-primary parent has the right to have possession of the children on each of the 1st, 3rd, and 5th weekends, from 6:00 p.m. on Friday until 6:00 p.m. on Sunday. The number of the weekend in a month is determined by the Friday. So the 1st Friday of the month starts the 1st weekend of the month. There are usually only four 5th Weekends per year, and often two of them get “trumped” by holiday or summer schedules.

  1. Every Thursday evening, during the school year.

It is critical to note that the Thursdays are only during the school year, even if the child does not attend school. In that case, the calendar of the school in which the child primarily resides is used for the dates of the beginning and ending of the Thursday night possessions. In the SPO, the times for the Thursday evening are 6:00 p.m. to 8:00 p.m.

  1. Every other Thanksgiving and Spring Break.

The parents alternate the Thanksgiving Breaks and the Spring Breaks each year. In the past, some schools only allowed Wednesday, Thursday, and Friday off for Thanksgiving, but now most schools appear to take off an entire week. Regardless of the length, the parent that has the children for Thanksgiving gets them for the entire time that they are out of school, per the SPO.

  1. Christmas Break alternates 1st part and 2nd part.

Under the SPO, Christmas break is divided into two parts. The first part is from the time school is out until noon on December 28th, and the second part is from noon on the 28th until school starts again. In years past, the SPO provided the dividing line on December 26th. Regardless, one parent gets the 1st part in even-numbered years, and the 2nd part in odd-numbered years and vice versa.

  1. Summer Break.

In the summer, the SPO provides that the non-primary parent keeps his or her weekends – subject to some other rules – loses their Thursdays, but gains an extra 30 days. The 30 days have to be exercised in no more than two groups of no less than seven days each. If the non-primary parent fails to give notice of what days he or she wants the children for the summer, there is a default provision, which is basically all of July.

Keep in mind that there is a lot more to it than this. And the terms talked about above do not include the Expanded or Extended provisions, which will be covered in a future blog post. Additionally, be aware that the Standard Possession Schedule only applies to children age three and over.

If you need to discuss any of this with an attorney, you can contact the Beal Law Firm attorneys at 817.261.4333 or 214.414.0418 or write us at lawyers@dfwdivorce.com. Our website can be found at www.dfwdivorce.com.

Collaborative Divorce: Fast Five Questions and Answers

There are lots of things about Collaborative Divorce that are misunderstood. These Five Questions and Answers should clear up some of the more common misconceptions:

1. Can my spouse and I do a Collaborative Divorce without lawyers?

No. The term Collaborative Divorce does not mean the same thing as Amicable Divorce, Agreed Divorce, or Uncontested Divorce. A Collaborative Divorce may in fact be amicable. If it ends with an Agreed Decree, then it is an agreed divorce. And a Collaborative Divorce may be more or less uncontested – for more on that see this earlier Blog post.

But, a Collaborative Divorce in Texas is by definition a case that is conducted pursuant to the Collaborative Family Law Act, which is Title 1A of the Texas Family Code. Section 15.052 of Title 1A states that a Collaborative Divorce is one “in which parties: (A) sign a collaborative family law participation agreement; and (B) are represented by collaborative family law lawyers.”

So, when a potential client comes to an attorney and says, “I have been doing a Collaborative Divorce with my husband/wife and his/her lawyer, but now I think I need to get a lawyer,” the potential client is at best mistaken as to what is going on, and at worst being defrauded.

2. Do we have to use Neutrals in our Collaborative law case?

The traditional Texas model for Collaborative Divorce is two lawyers, plus two neutrals – a Financial Professional and a Mental Health Professional.

The Financial Professional is tasked with gathering and assembling the financial information of the parties, helping the parties work on budgeting, and offering expertise on various financial matters.

The Mental Health Professional is not a part of the process to psychoanalyze the parties. His or her job is to help the parties develop a parenting plan, if there are children involved, conduct the meetings that are a part of the Collaborative Process, and offer suggestions for matters that will help meet the parties’ personal goals, e.g. closure with step-children.

But, there is no requirement that neutrals be used. Or that both neutrals be used. If the parties and the attorneys agree, a Collaborative Divorce can proceed without one or both of the traditional neutrals.

3. Do I have to use an attorney from the list that my spouse gave me?

No. Although many Collaborative Divorce attorneys are members of “Practice Groups,” not all are. Moreover, there is no requirement that a husband or wife choose a Collaborative attorney from the list provided by his or her spouse.

There is no requirement to choose an attorney from any Practice Group and the choice of an attorney is completely up to the party.

4. Will a Collaborative case be faster than a non-collaborative case?

There is no way of knowing. A collaborative divorce may be faster than a litigation case, but it may also take more time. A non-collaborative divorce must last for at least 60 days, unless a waiver is obtained based upon family violence. How much longer a case lasts depends upon whether the parties are able to settle and when. For more on the stages of a divorce, see this prior blog post.

It is unlikely that a Collaborative Divorce will take less than 60 days, but many Collaborative cases end far earlier than many hotly contested divorces.

5. Will a Collaborative Divorce be less expensive than a non-collaborative divorce?

Once again, there is no way of knowing. Collaborative Divorces involve a series of meetings with at least two attorneys, and probably two neutrals billing at hourly rates.

Prior to each meeting, there may be some telephone calls between the attorneys and their clients and between the Team of attorneys and neutrals – all billed at hourly rates. There may be pre-meetings of the Team before the Joint meetings of everyone, and there is typically a Team debriefing period after the meeting – all billed at hourly rates.

Given that it is unlikely that a Collaborative Divorce would be wrapped up without at least three or four lengthy meetings, it’s not hard to see that there may be considerable cost to a Collaborative Case.

But, given that a non-collaborative case can involve lengthy hearings with a considerable number of hours spent in preparation by both sides, and can sometimes involve both parties hiring financial and/or mental health experts, it’s easy to see that in some cases Collaborative Divorce is much less expensive than non-collaborative divorce.

Bonus Question:

6. Is Collaborative Divorce only appropriate if there is no conflict?

No. Collaborative cases can have much of the same angst that traditional cases have – sometimes more. A Collaborative Divorce has many benefits that traditional cases do not, and they can be successfully completed even where the parties have serious disagreements and issues.

To discuss your case and whether it would be a good candidate to handle in the Collaborative Model, call us at 817.261.4333 or 214.414.0418. You can also write us at lawyers@dfwdivorce.com or find us on our website www.dfwdivorce.com. We are Beal Law Firm, PLLC.

Mediation: How does that work?

Mediations happen all the time in Family Law, whether divorce, custody, grandparent rights, or another type of case. Most cases settle and many if not most settle at mediation.

So what is Mediation?

Mediation is a process whereby the mediator attempts to get the parties to reach an agreement. Typically, during a modern Family Law mediation, the parties begin and end in separate rooms. Often they never see each other during the entire mediation.

The mediator is a neutral 3rd party that goes back and forth between the rooms until the case settles, an impasse is declared, or the end of the scheduled mediation is reached. Most mediations are scheduled as either “half-day” or “full-day” mediations, although some are scheduled for shorter or longer periods.

While in the rooms with the parties, the mediator discusses the pros and cons of the case and often points out weaknesses in each party’s case. Usually, the mediator focuses on discussing the weakness of a party with that party. In other words, the mediator is not a cheer leader for either party when speaking with him or her. Many times, each party will believe that the mediator is on the other party’s side, because the mediator only focuses on the weakness of the party with whom he or she is speaking.

Mediations are a part of most family law litigation, if the case is not settled at an earlier stage. (Click here to ready more about the stages of most family law cases.)

The court can order the parties to mediation, and often does, prior to allowing the case to come to trial. In some cases, the court will order that the case be mediated more than once. Some cases mediate based on an agreement of the parties, without a court order.

Although some people mistakenly believe that mediation or hiring a mediator is something that is only done instead of hiring an attorney, the reality is that having an attorney is the only way for a party to properly obtain legal advice.

In its ETHICAL GUIDELINES FOR MEDIATORS, the Texas Supreme Court has stated clearly that a mediator “should not give legal or other professional advice to the parties,” meaning that if parties try to mediate without having attorneys there is no one present to give them advice as to what their rights are and how they should proceed.

Moreover, although there are some non-lawyers that claim to be competent family law mediators, if such a mediator gave any legal advice to either party, he or she would not only be acting contrary to the Ethical Guidelines for Mediators, but engaged in the Unauthorized Practice of Law.

For the most part, divorce and other types of family law are zero sum games – what one party gets, the other does not, and vice versa. Being in a mediation without a trained legal expert who is duty bound to advise as to what one is entitled to and how best to achieve it can have devastating consequences.

One of the most important aspects of the law for which a party needs competent legal counsel is the wording and meaning of any proposed Mediated Settlement Agreement – the MSA. Once an MSA is fully executed, it is virtually written in stone. If a party signs one that contains critical errors, he or she may make a deal that cannot be undone…ever.

To discuss your situation with the attorneys of the Beal Law Firm call 817.261.4333 or 214.414.0418 or write us at lawyers@dfwdivorce.com. We can be found on the web at www.dfwdivorce.com.

Stages of a Divorce, Custody, or other Family Law Case

All family law cases with opposing parties are lawsuits. That applies to divorces, custody battles, child support cases, grandparent rights cases, child support cases, modifications, and others. It doesn’t really apply to uncontested matters like an adult name change or adult adoption.

All lawsuits end one of two ways, either a settlement or trial. If the parties can agree on all issues, the case can settle. If the parties cannot agree on all issues, the only way to get to the finish line is to go to trial. There is no way to make the other side agree with you, if he or she doesn’t want to.

Most cases settle, and some settle quickly. Some settle immediately, some settle after a couple of weeks, some don’t settle until the parties are right outside the courthouse door waiting to go in for trial, but almost all cases settle.

The closer that the parties get to trial, the more the case has cost, almost invariably. The further down the litigation highway the parties have traveled, the further their attorneys have traveled as well. Getting down that highway takes work, and attorney work takes attorney time. Attorney time is paid for with client money. So going to trial, or even getting close to it can be expensive.

One thing that can help a case settle is for the parties to understand how a case progresses. If the parties know what is next, if they don’t settle at the stage they’re in, it may help them decide to go ahead and resolve their differences. So, here are the typical stages of a family law case:

  1. Negotiation between the parties.

This is sometimes known as a “kitchen-table” settlement, e.g. a “kitchen-table divorce.” The parties simply come to an agreement on all issues and have an attorney write up the paperwork to make sure that their thoughts get translated into reality by using the correct legal language.

  1. Negotiation between the attorneys.

If the parties are unable to resolve the case themselves, they will typically authorize their attorneys to negotiate on their behalf. The attorneys may negotiate via letter, email, or telephone. Sometimes, the attorneys prefer to send “bullet-pointed” offers back and forth. Sometimes they send entire orders or decrees back and forth in an attempt to reach an agreement. Sending a proposed full agreement is good sometimes, but not always, as discussed in this prior blog post. If the attorneys can reach an agreement, they may enter into a “Rule 11” agreement or a Non-revocable Settlement Agreement. It is important to know the revocability of those, prior to relying on them.

  1. Discovery.

If the parties cannot reach an agreement after some period of time, one side, the other, or both may decide that it’s time to engage in formal discovery. Discovery can be written or oral, and it can be addressed to the parties and other witnesses. Settlement talks may be taking place during the discovery stage. Discovery can become very expensive, but can also be almost invaluable in some cases.

  1. Mediation.

In this day and age, almost all cases are ordered to Mediation prior to trial. Sometimes, the attorneys will agree to go to mediation, even without a court order. Sometimes, the parties will agree to go, then enter into an agreed order of mediation, to be sure that the other side does not back out at the last minute, and to be sure everyone is clear on the deadline and payment of the mediator. Mediation is not arbitration, and it is just one form of Alternative Dispute Resolution intended to help the parties settle.

  1. Post-mediation discovery.

If the parties are not able to settle in mediation, they will often engage in further discovery post-mediation. Sometimes, depositions are saved until after an attempt at mediation, since the cost of depositions of the parties can be extremely high in contentious cases. Often during this stage there will be Motions to Compel, meaning the parties will file motions alleging that the other has not fully answered the discovery questions, and asking for a court to order that they do. Sometimes parties will seek or the court will order another mediation after the first has failed.

  1. Trial.

If all efforts at settlement have failed, the parties end up in trial. In Texas, most family law cases are tried to the Judge alone – a bench trial – but some are tried to juries. Family law trials can take anywhere from 1 hour to weeks to try. The length of the trial depends upon the issues and the court. Even during trial the case can settle, and what is surprising to some people is that a case can even settle after trial, based upon the threat of a Motion for New Trial or appeal.

That’s right, even if your case makes it all the way to trial, it may not be over. Although rare, cases can be set aside and ordered to a New Trial or appealed, which can sometimes lead to an order to go back and retry some or all of the case.

To discuss your case with the lawyers at the Beal Law Firm, call us at 817.261.4333 or 214.414.0418 or write us at lawyers@dfwdivorce.com.

Divorce, Custody, and Family Law: How long will my case last

Trying to guess how long a case will last is very difficult for attorneys. The answer depends so much on what the parties do. It also depends, to some extent on what the court does.

Most clients’ cases could be over with very quickly, but the client may not like the outcome. That’s because almost any case can be settled in a matter of days or less, if one side is willing to give the other everything he or she wants.

Although there are many uncertainties, there are a few things we know. In Texas, unless a waiver is obtained based upon Family Violence, a divorce must be on file for at least 60 days before the court can sign the final decree. The 60 day clock begins on the date of filing, not on the date of service or the date that the other party knows about the case.

While the 60 day waiting period is important, there is a great deal of misunderstanding about it.

The 60th day only matters if the parties have reached an agreement on all issues. If not, the 60th day just comes and goes and the court does not even pay attention to it.

In a Suit Affecting Parent-Child Relationship (a SAPCR), there is no waiting period. So for an original action between two parents that have never been married or a modification of custody or child support, the case can be filed and finalized in the same day, if the parties agree.

Every divorce and every SAPCR is a lawsuit. It may be the friendliest lawsuit in the world, or it may be the most acrimonious. Either way, it is going to end in only one of two ways: Settlement or Trial.

Some people say, “There’s no way we can settle.” And then, when asked about trial strategy, they say, “Oh, I don’t want a trial.” Unfortunately, those are the only two choices – Settlement or Trial.

If the case settles, whether it settles by negotiation, mediation, or some other way, it will end whenever the two sides come to an agreement. If the parties can’t settle, and the case goes to trial, it will end when the court is ready for it to.

Twenty or thirty years ago, in Texas’ big cities, it was fairly common for cases to last for years – sometimes four years, sometimes five, and sometimes longer than that.

Now, in 2016, cases tend to get resolved sooner. But to most people, still not in a fashion that they would consider fast. In smaller counties, sometimes the courts can set a case for trial more quickly than in larger counties. Sometimes, however, that’s not true, because the courts in the smaller counties are often handling family, criminal, and civil-non-family matters, while courts in the larger counties may only be handling family law matters.

In their “Rules of Judicial Administration – Updated With Amendments Effective March 22, 2016,” the Texas Supreme Court sets forth fairly short periods of time in which case should be resolved, “so far as reasonably possible.” The Court states, however, that “It is recognized that in especially complex cases or special circumstances it may not be possible to adhere to these standards.”

In reality, if not settled, a party to a family law case needs to count on the case lasting one to two years – maybe a little less, maybe more. Simply put, there are many things that can slow a case down, but very few that can speed it up…short of settlement.

If you would like to discuss the complexities or circumstances of your case with the attorneys of the Beal Law Firm, you can call us at 817.261.4333 or 214.414.0418 anytime, or write us at lawyers@dfwdivorce.com. We are on the web at www.dfwdivorce.com.

What if I don’t like the way it is? The basics of Child Custody Modification

In Family Law, children’s issues are very different than property issues. When dealing with children’s issues, Courts are allowed to redo their orders over and over and over again. With property, pretty much once it’s done, it’s done.

Issues involving a child are decided in what is known as a SAPCR. That stands for Suit Affecting Parent-Child Relationship.

SAPCRs can be stand-alone cases, e.g. if two unmarried people have a child together, or they can be a part of a divorce.

Children’s issues include:

  1. Custody – Joint Managing Conservator, Sole Managing Conservator, and Possessory Conservator
  2. Residency
  3. Rights to make medical decisions, educational decisions, and psychological decisions
  4. Possession schedule, including holiday schedules, summer schedules, etc.
  5. Rights concerning extracurricular activities
  6. Electronic access, including texting, phone calls, Face Time, and Skype
  7. Child Support
  8. Health Insurance payments
  9. Payments for uninsured healthcare expenses

The results of a SAPCR case – whether a stand-alone SAPCR or a SAPCR that is a part of a divorce – can be re-litigated repeatedly. Either party can file for a modification of the orders, if certain criteria are met.

In order to properly seek a modification of any non-support issues, one of three things needs to have happened:

  1. There must have been a material and substantial change in circumstances; or
  2. A child for whom modification is sought must be over the age of 12 and ready to tell the judge that he or she wants to move to the other parent’s house; or
  3. The conservator who has the exclusive right to designate the primary residence of the child has voluntarily relinquished the primary care and possession of the child to another person for at least six months.

Texas Family Code Section 156.101.

In addition to having at least one of these three things, in order to win, the person asking for the change must prove to the court that the change is in the best interest of the child.

As you might guess, there is a lot more to it than this. Keep an eye on our blog for more information, and if you would like to discuss your case with the attorneys of the Beal Law Firm, you can call us at 817.261.4333 or 214.414.0418 anytime, or write us at lawyers@dfwdivorce.com. We are on the web at www.dfwdivorce.com

 

Residency Requirements: How Long Do I Have to Live in Texas to Get a Divorce in Texas?

That’s a pretty simple question, with a somewhat complicated answer.

The short answer is this: If you or your spouse currently reside in Texas, either of you can file for divorce in Texas immediately.

Period.

There is a great deal of misinformation floating around. Some espoused by attorneys. Many attorneys believe that in order to file for divorce in Texas, one of the parties needs to have lived in Texas for over six months. That’s just not true.

Texas law states that in order to “maintain” a suit for divorce, one of the parties must have been “a domiciliary of this state for the preceding six-month period; and a resident of the county in which the suit is filed for the preceding 90-day period.” That’s Section 6.301 of the Texas Family Code.

The key word in that law is “maintain.” Courts have long held that if a divorce is filed prior to the time that the six month – 90-day requirement is met, the proper remedy is to abate the case – put it on hold – not dismiss the case, except in certain circumstances.

Those circumstances are when neither party has met the six month – 90-day requirement, and neither is going to meet it in the foreseeable future.

Moreover, if there are children of the marriage, and both spouses and the children have moved to Texas, there is no waiting period to file for the “custody” portion of the case. You can literally move to Texas Monday morning and file Monday afternoon.

Keep in mind that there are a number of other considerations involved in a complete jurisdiction and venue analysis, but the bottom line is: If you or your spouse reside in Texas and anyone tells you that you cannot file your divorce case here, they are wrong.

For a thorough discussion of the law on this topic by the First District Court of Appeals in Houston, see the case of Willig v. Diaz, 2016 Tex. App. LEXIS 5362 (Tex. App. Houston 1st Dist. May 19, 2016).

If you need to discuss your situation with the experienced attorneys of the Beal Law Firm, you can reach us at lawyers@dfwdivorce.com or call us at 817.261.4333 or 214.414.0418. Or check out our website at www.dfwdivorce.com.

Common Law Marriage: How do I know if I have one?

In Texas, there are two ways to get married, and two ways to get unmarried. You can be ceremonially married or common law married. To get unmarried – regardless of how you got married – you need a divorce or death.

There is no such thing as a common law divorce.

There are circumstances that would seem to warrant a finding of common law divorce, but they don’t. For example, if two married persons cease living together, haven’t seen each other in a couple of decades, haven’t spoken to or communicated with each other in decades, and have no property which they consider joint, many people would feel that their status is tantamount to divorce. It’s not.

Once again, there is no such thing as common law divorce.

So, it’s best to know when you are married, since being married means that everything you own is presumed to be community property, if you die or end up in a divorce.

A common law marriage arises when three things have happened:

  1. The two people live together;
  2. The two people represent to others that they are married; and
  3. Both people have agreed to be married.

Think of people living 100 years ago out in the remotest part of west Texas. There had to be a way for them to get married, since having sexual relations or living “in sin,” without the benefit of marriage, was considered taboo.

Common law marriage provided people that did not have a preacher or courthouse handy a way to make themselves “legal.”

It all made sense back then. Whether it does now is a question for another day. Regardless, the law still exists.

If you live together, even for a brief period of time, and represent to others that you are married – by, for example, introducing the other person as your wife to new people you meet, filing joint tax returns, etc. – then the only question is whether the two of you have agreed that you are married.

If neither person claims that there was an agreement of marriage, the issue may never arise. In family court, however, the problem can arise when the couple breaks up, if the first two requirements have been met. Then, the one that would most benefit from a finding that they are married sometimes claims that they are.

If the court is convinced that all three requirements have been met, then the break up becomes a divorce. And divorces have all sorts of consequences with respect to division of property, spousal maintenance, etc.

To discuss any of this with a Beal Law Firm attorney contact us at lawyers@dfwdivorce or call us at 214.414.0418 or 817.261.4333. Our website is www.dfwdivorce.com

Best Interest of the Child: How Courts Decide Custody Cases

In just about any family law case involving children, courts are guided by the Best Interest Test. It is the job of the court to determine what is in the Best Interest of the children and then order it.

The courts determine what is in the best interest of the children by considering the evidence put before them. So, when facing a custody fight, a party would be wise to consider what evidence the court cares about.

Here are some of the areas that a mom, dad, grandparent, or other party seeking custody or access to the child needs to be ready to put on evidence of:

1. What are the physical, psychological, emotional, and educational needs of the child, and how does the parent plan to meet them?

If your child has a particular need, you need to have evidence ready to show the court as to how you will meet the need. For example, if your child has dyslexia, you need to have a plan for how you will address the issue.

2. Are the parents able and willing to give first priority to the welfare of the child?

A party to a custody case should have evidence of how he or she has made the needs of the child a high priority in his or her life. A history of “dumping” the children off with others at every opportunity can often look bad in open court. An unwillingness to forego drinking to excess when in possession of children can also undermine a custody case.

3. Are the parents able to work together for the child’s best interest?

Most courts want parents to work together. Judges do not want to micromanage the lives of the children at issue in their cases. If the parties are able to work together, there should be evidence to show the judge. Often, however, one or both parties to come to court with evidence of how the other party refuses to work with them. If you think the other party will claim that you are antagonistic or unwilling to work together, you need to have evidence demonstrating that you are not the trouble-maker.

4. What is the history of the parents with the raising of the child so far?

The conventional wisdom is that whoever has been the primary caregiver of the child will be allowed to continue to be the primary caregiver of the child. But that is not always true. In many cases, life will be quite different after the conclusion of a custody case — particularly a divorce. A stay-at-home mom may now enter the workforce. That may rob her of the argument that she will be able to continue to do the things with the child that she has done thus far. Additionally, if the primary caregiver is shown to be a hard-drinking drug abuser, he or she may very well lose the position.

5. How close do the parents live to each other and how close do they plan to live to each other in the future?

Traffic, school, and work schedules can make it impossible to have a shared schedule that would be possible if the parents lived within the same school district and have flexible jobs. Additionally, as children get older, there are often more challenges, since school activities tend to be more mandatory than those of the YMCA or other recreational sports outlets.

6. What are the desires of the child?

There is a lot of misunderstanding about this. Many people — even some attorneys — repeat the refrain, “Once the child is 12, he or she can decide.” That’s simply not the law. A complete discussion of the “Being 12” impact on child custody is beyond the scope of this post, but the short version is this: What a child wants to do may have some impact on a custody case, but it is NEVER the sole deciding factor.

7. Any other relevant evidence.

Finally, remember that this is not an exhaustive list. Any admissible evidence of anything that impacts the Best Interest of the child can be considered by the court.

Be ready to help your attorney with identifying and gathering the evidence on all of these issues, and you will help your case and probably save some money.

To discuss any custody issue with the attorneys from the Beal Law Firm, write us at lawyers@dfwdivorce.com or call us at 817.261.4333 or 214.414.0418. Our website can be found at www.dfwdivorce.com.

How much will my case cost? The Top Four Determining Factors

That may be the number one thing on everyone’s mind that is involved in a divorce, custody, or other family law case. If not, it’s close to the top.

Divorce and Custody attorneys hear it all the time. The follow-up question is: Why can’t you tell me how much this will cost?

The reason is that the cost generally depends upon several factors, none of which your attorney controls. Most attorneys charge an hourly rate and most of the few that don’t have a number of “outs” that allow their “flat fees” to not really end up being flat fees, so these thoughts still apply.

So the bottom line is that an attorney cannot generally tell you what your case will cost because he or she does not know how much of his or her time it will take to handle the case.

Here are a few things that impact the amount of time that a case requires and which then affect how much the case will cost:

1. What your spouse or ex does

Fighting takes time. If your spouse or ex is the type that will fight about things that are insignificant, refuse to answer questions the first time he or she is asked, and generally make things more difficult, your attorney is going to have to spend more time dealing with your case.

2. What your spouse’s or ex’s attorney does

Attorneys can disagree without being disagreeable. The Texas Supreme Court came up with a thing called the Texas Lawyer’s Creed a couple decades ago because the problem of lawyers being so disagreeable had gotten out of hand. The Lawyer’s Creed contains a number of rules, including things like this:

I will not quarrel over matters of form or style, but I will concentrate on matters of substance.

I will readily stipulate to undisputed facts in order to avoid needless costs or inconvenience for any party.

I will refrain from excessive and abusive discovery.

I will comply with all reasonable discovery requests. I will not resist discovery requests which are not objectionable.

I will not make objections nor give instructions to a witness for the purpose of delaying or obstructing the discovery process.

If both your attorney and the opposing attorney will follow these rules, your case will cost less. If not, it will cost more.

3. What the court does

Courts have different rules and different ways of doing things. If your court requires the attorneys to appear in person to tell the judge what the status of the case is, that will cost more than if the attorneys can send an email to the court coordinator. If the court requires a pre-trial hearing to set a case for trial, instead of a call or visit to the court coordinator, the hearing will be more expensive. If the court believes that an Amicus attorney should be appointed to look after the interest of the children in a custody case, that will cost more than if the Amicus was not appointed.

4. The decisions that you make

Finally, you will have a number of choices to make throughout the case. When you are asked a question in discovery, your decision on whether to answer fully and completely on the first request will have an impact on how much the case costs. If you are in a county with associate judges, your decision on whether to appeal the associate judge’s ruling or not will determine whether another hearing is needed. Deciding to appeal may be the right decision, but it will mean preparation for and conducting another hearing – which leads to more attorneys’ fees.

So, why can’t your lawyer tell you how much the case is going to cost? Because neither you nor your attorney know what the future holds. Neither of you knows how much time your attorney is going to have to spend dealing with your case, and without that information, there is no way to know.

There are things you can do to save money. Some of them are found in one of our previous blog posts, Six Ways to Save Money in Your Divorce or Custody Case. One of the biggest is: find a lawyer that you trust and ask questions along the way about the choices that need to be made, and how the decisions will impact both the cost on the front end — the attorneys’ fees — and the cost on the back end — the result.

If you would like to talk to one of the Beal Law Firm attorneys about representation, you can reach us at lawyers@dfwdivorce.com or call us at 817.261.4333 or 214.414.0418. You can always find us at www.dfwdivorce.com