Bastrop, Texas Family Law Attorneys in Bastrop County

What is Family Law in Bastrop, Texas?

Family law in Bastrop, Texas addresses a range of legal issues related to family relationships, offering assistance during difficult times. This area of law includes matters like divorce, child custody, child support, adoption, paternity, and fathers’ rights. Given the emotional nature of family law cases, the attorneys at Stange Law Firm are dedicated to helping you navigate these complex issues with understanding and compassion.

Dissolution of Marriage in Bastrop, Texas

Dissolution of marriage is the formal process for ending a marriage. In Texas, marriage is a legal contract, and one spouse must file a petition with the court to dissolve it. A no-fault dissolution allows the filing spouse to state that the marriage is irretrievably broken, without needing to prove misconduct. Although fault is not required, it can impact decisions about alimony, property division, and child support. Grounds for dissolution include insupportability, separation, institutionalization, cruelty, adultery, felony conviction, and abandonment.

Dissolution is Civil Litigation in Bastrop, Texas

Dissolution cases are managed by the Bastrop County Civil Court. Like other civil cases, parties work with their attorneys to gather evidence using methods such as depositions, interrogatories, and subpoenas. Mediation or other alternative dispute resolution options may also be used to help resolve disagreements. Many dissolution cases settle outside of court, but complex cases, particularly those involving significant assets, may require a trial.

Alimony and Spousal Support in Bastrop, TX

Texas law allows for alimony in specific situations, but it is important to distinguish between alimony and spousal support. Alimony refers to ongoing financial support, while spousal support is temporary financial help designed to assist a spouse in becoming financially independent. To qualify for spousal support, certain criteria must be met, including the length of the marriage and the financial needs of the spouse requesting support.

Pre and Postnuptial Agreements in Bastrop, Texas

A prenuptial agreement is a contract signed before marriage that outlines each spouse’s property and debt. These agreements can be simple or complex, depending on the assets involved. At Stange Law Firm, we assist clients in drafting prenuptial agreements that meet their needs. However, Texas law prohibits certain issues from being included in prenuptial agreements, such as child custody, support, visitation, or illegal activities. If a prenuptial agreement is signed under duress, it may be invalid. A postnuptial agreement, created after marriage, serves a similar purpose.

Child Custody in Bastrop, TX

Child custody, referred to as “conservatorship” in Texas, is one of the most important aspects of divorce cases. Typically, both parents are appointed joint managing conservators, meaning they share responsibility for major decisions regarding the child’s life. The parent with primary custody is known as the “primary managing conservator.” In cases of sole conservatorship, one parent has full decision-making authority, and the other may have limited or no rights. Sole conservatorship is typically granted in cases involving abuse, substance misuse, or neglect.

Legal and Physical Custody in Bastrop, Texas

Texas law generally favors joint managing conservatorship, where both parents share decision-making authority over significant matters in the child’s life, such as education, healthcare, and overall well-being. The child usually resides with one parent, referred to as the “custodial parent,” while the other parent is the “non-custodial parent.” In certain joint conservatorship cases, factors like the child’s school district or county can influence where the child resides.

Child Support in Bastrop

Texas law requires both parents to contribute financially to the care of their child, even without a court order. Generally, the non-custodial parent is responsible for paying child support, which is calculated based on a percentage of their net income. The percentage varies depending on the number of children involved:

• 1 child: 20% of net income
• 2 children: 25% of net income
• 3 children: 30% of net income
• 4 children: 35% of net income
• 5 or more children: 40% of net income

Net income includes wages, bonuses, self-employment earnings, and other sources of income, with deductions for taxes, Social Security, and health insurance for the children. Child support typically continues until the child turns 18, graduates from high school, becomes emancipated, or develops a disability that requires ongoing care.

Abuse and Neglect Proceedings in Bastrop, Texas

Texas law treats child abuse as a criminal offense, covering physical, emotional, or sexual harm to minors. Anyone who suspects child abuse, including professionals with privileged communication like teachers and healthcare providers, is legally required to report it. Abuse includes actions that harm a child’s well-being, such as physical injuries, emotional damage, sexual exploitation, or exposure to harmful substances.