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San Antonio Family Law Attorney
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A Law Firm Where Competence And Compassion Meet
Sometimes family situations need to be handled in the court system. In such times, you need an experienced San Antonio family law attorney to help you and your family navigate these legal waters. If this is the case for you, contact the Law Firm of Joseph Lassen today to schedule a consultation for your case and get started on protecting your interests.
Our San Antonio family lawyer’s numerous successes can be attributed to his undivided attention to each of his clients and a thorough understanding of what individual families require during a divorce. Our family lawyer in San Antonio has a reputation for being a strong courtroom advocate who approaches each case with thorough preparation and attention to detail. The Law Firm of Joseph Lassen is prepared to assist you in a wide range of family law matters.
Practical And Comprehensive Family Law Services
The Law Firm of Joseph Lassen is a reliable source of information and legal advice on matters that have a significant impact on an individual and a family. Our San Antonio family law attorney, Joseph Lassen, and his legal team are passionate about assisting people in overcoming obstacles and emerging from family law cases with more secure futures underway.
Our San Antonio family law attorney served the country and its community as a former police lieutenant with the New York Police Department. Our experienced family lawyer in San Antonio has handled and helped many families overcome one of the most difficult times that a family may face. Therefore, these experiences have made him more than familiar with the heart-wrenching situations that many military families, high-income families, middle-class families, and others face. Aside from the ones mentioned, our San Antonio family lawyer also handles complex situations in family law cases involving:
At the Law Firm Of Joseph Lassen, our San Antonio family law attorney and his staff of legal professionals are familiar with threats of kidnapping by a child’s parent when child custody enforcement is an urgent need. Our San Antonio family lawyer recognizes the value of stable families for children in all communities. For him and his team, they believe that a well-managed child custody and visitation case can strengthen parent-child relationships – which is good news for everyone.
You can be confident that when you employ the services of the Law Firm of Joseph Lassen, you are in the service of one of the best San Antonio family attorneys in the area. You can be assured that you will be treated with compassion and respect, just as how we treat all our other clients. At the same time, Our San Antonio family lawyer will ensure that he and his law firm staff are up to date and prepared to meet any family law problem with the personalized solutions that our clients require. If you are searching for a reliable “family lawyer near me” in San Antonio that can get you successful results, then you don’t need to look any further.
Experienced San Antonio Family Law Attorney In Administrative Solutions, Negotiations, Mediation, And Trials
Depending on the facts of your case, the path to a satisfactory resolution of your case may come about through a variety of means. With nearly 20 years of experience practicing law following a career in law enforcement, our San Antonio family lawyer is versatile and ready to guide you through any legal processes associated with your case, such as the following:
We look forward to meeting you at our law firm and learning about the legal issues that your family is dealing with so that we can devise the best strategy for resolving your case.
Get The Answers You Need From A Reliable San Antonio Family Lawyer
Fielding questions is a large part of what we do at The Law Firm of Joseph Lassen. The benefit of a personalized conversation with a San Antonio family lawyer is that answers will be tailored to your specific issues.
Questions And Answers About Common Family Law Topics
The topics covered in family law involve close relationships, from child custody to adoption to child support. As a result, it is one of the most emotionally charged areas of law. The outcome of a family law case can permanently alter a family dynamic and have serious ramifications, particularly in the lives of children. There is a lot at stake in a divorce, child custody dispute, or any other family law matter, both financially and emotionally. Therefore, if you are searching for one of the most qualified “family law attorneys near me” in San Antonio who can handle your case and get you successful results, it’s time to consider setting up an appointment at the Law Firm of Joseph Lassen.
Because family law involves the distribution of shared finances, assets, and child custody, it is critical to retain skilled legal counsel. At The Law Firm of Joseph Lassen, we understand how important it is to have legal representation you can rely on when dealing with such sensitive issues. Our legal counsel usually starts with questions and answers on topics like these:
When a child is born and the father’s name is not listed on the birth certificate, a paternity case is filed. An acknowledgment of paternity is usually signed if the child’s father agrees that he is the father. In cases where paternity is in doubt or the alleged father is unsure, the alleged father has the right to request a paternity test from the mother. When paternity is established, a custody order governing visitation and child support is automatically issued. When child custody or support has not yet been determined, a suit affecting the parent-child relationship, or SAPCR, may be required. One party will petition the court to rule on these issues.
In layman’s terms, “child custody” refers to a child’s conservatorship. Parental responsibility is divided into two categories: joint managing conservators or sole managing conservators, and possessory conservators. The “primary conservator” is the parent who is given the sole authority to decide where the child will live. Conservatorship or custody also includes decisions about health and education. Child visitation, also known as parenting time, governs how parents alternate spending time with their children throughout the year and during special holidays such as Christmas and spring break.
A modification, also known as a petition to modify, is simply a request to the court to change something in a previous court order. This could be a request to modify a divorce decree, SAPCR, child support order, or other legal documents. Modifications are typically made when something from the previous order does not work in the current situation. Life happens, and people’s circumstances frequently change dramatically.
When a parent wants to move out of state or to a different city within the state but is unable to do so due to a geographical restriction in the prior order, they may request a modification. Another reason for requesting a modification is that the parent paying child support earns significantly more than they did when the previous order was issued, or that the parent paying child support earns less because they were laid off from a corporate job and are now working for much less. Regardless of the circumstances surrounding the request, contact an experienced family law attorney to begin the process.
Don’t go it alone if you are entitled to child support or trying to get a fair shot at paying child support. While child support is mandatory in Texas, many factors can influence the appropriate amount. If you have a case with the Attorney General’s Office, you must understand that the office does not represent you, even if you are the custodial parent. Furthermore, if you are defending against a child support case, you will need the assistance of a family law attorney to ensure that proper credit is given for items such as health insurance.
No matter what your child support situation is, The Law Firm of Joseph Lassen is here to help.
When a court order is issued, it must be followed. When one party fails to comply with the order, the opposing party has the option of filing an enforcement action against them. This could be for anything from failing to pay child support or spousal maintenance to refuse to make the children visit the other parent’s home during their possession period. If your spouse is refusing to cooperate with previously ordered issues by a judge, you will need the assistance of an experienced family law attorney to navigate the system and force them to comply with the order. If you find yourself in the position of defending an enforcement action, you must act quickly to avoid serious penalties.
Grandparents are increasingly intervening in family law cases for the benefit of their grandchildren. When one parent dies or becomes incapacitated, or when both parents are unable or unwilling to care for their children for whatever reason, grandparents across the country step up to fill the void. Grandparents, on the other hand, do not have many rights and require the assistance of an experienced family law attorney to assist deserving grandmothers and grandfathers in finding legal avenues to nurture their grandchildren as they want and need to do. If this is the case for you, know that you are not alone. If you are looking for a dedicated child support “family attorney near me” in San Antonio, we can be there for you and what you believe in from start to finish.
A protective order is sought against a person accused of committing physical violence against the applicant. When a person seeks a protective order, they are asking the court to issue orders prohibiting the alleged offender from coming near them and, in some cases, any children the applicant is the parent of. If the alleged perpetrator is still living with the applicant, a protective order can be used to compel the alleged offender to leave the home. Whether you have been a victim of domestic violence or have been falsely accused, The Law Firm of Joseph Lassen is here to help.
A guardian is someone who is appointed to make legal and medical decisions for someone else, usually a child or someone who is disabled or otherwise incapacitated. A disabled adult child may require round-the-clock care and attention. Another good example is when both parents die and a child is left in the care of a relative. Whatever the situation, The Law Firm of Joseph Lassen is here to assist.
When Child Protective Services, or CPS, gets involved in your family life, you need immediate legal representation. Besides the risk of your children being removed, there may also be a criminal investigation. If you have been contacted by CPS or your child or children have been confronted at school by a CPS caseworker, you should contact a family law attorney as soon as possible. CPS will normally want you to sign a family safety plan. At the Law Office of Joseph Lassen, our family lawyer in San Antonio can help protect you from potential criminal charges that could come with the creation of such a plan.
Adoptions are almost always joyful family events, but they may necessitate background checks, a home study, and other procedures. You may be a stepparent attempting to adopt a child and require assistance in obtaining the biological parents’ approval. Let The Law Firm of Joseph Lassen help you navigate the multistep process of stepparent adoption or another type of private adoption with ease.
Prenuptial and postnuptial agreements typically address issues such as property division, spousal support, and confirmation of separate property during a marriage and in the event of divorce. These types of agreements can clarify ownership intentions and potentially save thousands of dollars in the event of future marital problems.
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Legal processes, particularly those involving family law cases, can appear intimidating and finding a reliable “family lawyer near me” in San Antonio may seem daunting. However, our family law attorney is here to give his clients undivided attention. Get the direction you need to make your family law case a success.
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Texas Child Custody FAQ
“Custody” means conservatorship in the Texas Family Code. Some examples of what all this entails are:
- Making the decision of where the child will live primarily
- Making decisions regarding nonemergency invasive medical procedures
- Making decisions on psychological and psychiatric care
- Making decisions regarding education
- Sharing and exchanging of information regarding the child’s physical and emotional well-being
- Making legal decisions for the child
- Right to consent to the child’s marriage or enlistment in armed forces
There are two types of conservatorships in Texas:
- Joint managing conservatorship (most common)
- Sole managing conservatorship
In the state of Texas, no one has legal custody of a child unless there is a court order. Therefore, if the parents are not in agreement on all issues, a “custody” case should be initiated. However, even in circumstances where both parents are in agreement, it is still in your best interest to have the parents put the agreement in writing and have it signed by a judge. If parents are unable to reach an agreement on all issues, a case with the court is initiated by one party, and both parties will attend the court to determine if court intervention is the best way to decide on the issues. Frequently, parties will attend mediation to have a third-party attorney attempt to work out their differences. Otherwise, the parties will find themselves involved in trial. Whether you are needing to begin a new child custody case or you find yourself in the middle of the case preparing for trial, it is extremely desirable to have an experienced attorney who can protect your rights and guide you through this difficult time. Please contact The Law Firm of Joseph Lassen at +1-210-625-6540 for a free consultation to discuss your case.
It is normal for there to be a temporary order put in place by agreement or by the court during the pendency of the remaining portion of the case. In this type of order, “custody” is temporarily determined until such a time when a final order can be put in place. If all parties are in agreement for an order, you can generally get through the “custody” process in about 60–90 days. However, each family law case is different. Though you may be able to work things out on your side, this does not mean that the other side will be able to work as quickly as you do. In the event of a disputed custody case, you should be prepared to spend well over 90 days in the process while discovery is gathered and other action items are completed.
The primary parent is awarded the right to designate the primary residence of the child. The court determines who has primarily been caring for the child during the child’s life and examines the child’s routine care while that parent or caretaker is in possession of the child. If the court determines the caretaker/parent has legal standing to continue taking care of the child, that person is usually awarded the right to determine the legal residence of the child. However, if it is determined that the caretaker or parent usually in possession of the child is not providing the child’s basic needs and/or is putting the child in harm’s way, or is unable to fulfill the role of primary caretaker better than the other parent, the court may decide to remove the child from that environment and place the child in a more suitable living arrangement where the child can have their needs met on a consistent basis.
The Texas Family Code defines visitation as access to or possession of a child. Visitation or possession of a child can work in so many different ways. The possibilities are endless, from setting up a unique schedule for a police officer or flight attendant, to having a 50/50 visitation split between the parents. For parents who are not able to work these things out between themselves, the court will determine what is in the best interest of the child. Most often, this means the implementation of a standard possession order. This is the typical first, third and fifth weekends of the month with every Thursday evening and alternating holidays.
No, child support and visitation are two different considerations made by the court. Refusing court-ordered visitation could end up in court action against you, with penalties that are just as severe as not paying support.
Of course. However, please note that you must prove to the court that the child is in immediate danger while alone in the presence of the other parent or caretaker. Simply not liking the other parent does not warrant supervised visitation. It must be proven that the other parent is incapable of safely interacting with the child without supervision. For any other questions you may have, please contact The Law Firm of Joseph Lassen at +1-210-625-6540 for a free consultation or send your questions.
Texas Child Support FAQ
When couples who have had a child together separate, both parents remain obligated to financially support the needs of their children. The parent the child stays with over 50% of the time is considered the “custodial parent,” or “obligee.” The parent who does not live with the child is called the “noncustodial parent,” or “obligor.” The “noncustodial parent,” or “obligor,” is asked to pay child support, according to the statute, unless both parents agree to forego the child support obligation.
Texas has established guidelines for determining child support. You can review this FindLaw outline to get a better understanding of what is considered. These can have extenuating circumstances, and it is best discussed with an attorney. If you have any questions, please call The Law Firm of Joseph Lassen at +1-210-625-6540.
The noncustodial parent has a legal obligation to pay child support until the child turns 18 or until the child graduates from high school. For a child with certain disabilities, the payment schedule never ceases. However, the obligation can be terminated when a child gets married, joins the military or becomes legally emancipated.
Child support is intended to cover the basic needs of the child in combination with the custodial parent’s financial support. Child support can also cover things such as:
- Educational costs and school supplies
- Extracurricular activities
- Travel and entertainment
- Amounts for participating in religious activities
- And any other expenses involved with raising a child
Child support payments are made according to a schedule mutually agreed upon by the parents or decided by a Texas court. To ensure regular payments, the court can order the Texas State Disbursement Unit to collect the payments from the obligor and maintain an updated record. Payments may also be made directly to the custodial parent. However, by forwarding the amount to the Texas State Disbursement Unit, it will greatly reduce the probability of conflicts arising in the future. In most cases, a Texas court will also direct the obligor’s employer to withhold a part of their monthly payment to cover child support payments. This is done by what is known as an income withholding order.
If the noncustodial parent misses child support payments, the unpaid amount is called back child support. Back child support payments can turn into confirmed child support arrears with a court order. These arrears can accumulate and be collected through legal actions of the custodial parent or the Texas Office of the Attorney General.
In the state of Texas, the amount of child support that a parent pays depends on their income. The child support guidelines in Texas are as follows:
- One child: 20% of the paying parent’s income
- Two children: 25% of the income
- Three children: 30% of the income
- Four children: 35% of the income
- Five or more children: 40% of the income
To correctly determine net income for purposes of child support calculations, certain deductions are considered. These deductions include health insurance for the children, taxes, Social Security and Medicare. Depending on factors such as whether the parent is an hourly employee or salaried employee, or whether the parent frequently receives overtime compensation or bonuses, calculations can be based on paystubs, W-2s or tax returns.
Child support orders can be modified if circumstances change or if enough time passes. To qualify for a modification of child support within three years of a court order, the person asking for the change must be able to show that the circumstances of the child, or either parent, have substantially changed since the initial order was created. Typical examples include loss of employment or a substantial increase in income. If three or more years have passed since the previous order, either parent is automatically entitled to a child support review. It is highly recommended to consult with an attorney to successfully implement any change in child support payments as only a court can change the amount of child support. Regardless of any verbal agreements, you are required to pay the amount that was originally ordered.
A parent who does not pay child support can be subject to any of the following methods of collection:
- Wage garnishment
- Collection of lottery winnings
- Interception and deduction from federal income tax refunds
- Suspension or revocation of driver’s licenses, professional or business licenses, gaming licenses
- Suspension of passport
- Contempt of court orders, which can result in prison time, fines or both
- Liens against property, cars, bank accounts, retirement plans and other assets
You need an immediate consultation from an attorney. Even if you are in total agreement with each thing the Office of the Attorney General is offering, you still need to make sure that your rights are protected.
It is imperative that you immediately consult with an attorney regarding your rights. A paternity test should be demanded in the interim. Further, if the child is yours, you can feel as if you are starting “behind the mark” after the request for paternity. Often times, the mother of the child becomes more defensive when a request for testing is demanded and will work hard to make sure you have little to no visitation if the child is determined to be legitimately yours. Don’t start behind the mark if you have legitimate concerns. Contact The Law Firm of Joseph Lassen today.
The Office of the Attorney General does not represent either party nor does it represent the child in court. The Office of the Attorney General represents only one entity, and that is the state. Their interest is recouping any funds that are being paid out in state benefits. These include any type of welfare, including but not limited to food stamps, TANF or any other kind of welfare payout by the government. They also include state-covered health insurance, such as Medicaid or CHIPS. Therefore, if either party is receiving these types of benefits (especially the custodial parent), the state will eventually pursue recuperation of those funds. For any other questions you may have, please contact The Law Firm of Joseph Lassen at +1-210-625-6540 for a free consultation or send your questions.