Trials are rare in family law, and for good reason. They are contentious, stressful and costly. Particularly when there are children involved, courtroom battles may be best avoided. Still, the possibility should always be prepared for. While you and your spouse may ultimately be able to resolve disagreements through negotiation, you want the peace of mind that comes with knowing that, if a trial is necessary, you have a trial attorney on your side.
The Jakob Law Firm, P.C. not only regularly goes to trial in family law cases; we are one of the few law firms in San Antonio that has taken a divorce case all the way to the Supreme Court of Texas. Our San Antonio family law attorneys are skilled at negotiation and alternative dispute resolution, but we are also ready to take the next step to get you a positive outcome.
What Does Your Family Law Case Involve?
Our comprehensive family law representation includes:
- Child custody
- Child support
- Spousal support or alimony
- Suits affecting the parent-child relationship (SAPCR)
- Claims of abuse and neglect
- Prenuptial agreements
Your Needs Come First
When you choose our law firm, you will work directly with an experienced lawyer. We will take the time to learn about your situation, your family and your goals. We put your needs first and make certain that the legal strategy we recommend is what is best for you. After we implement that strategy, we will stand by your side until a resolution is reached.
At Diaz & Jakob, PLLC, we have proven our commitment to taking divorce cases as far as necessary to get results for our clients. We are one of the few law firms in San Antonio that has taken a divorce case all the way to the Supreme Court of Texas. While we will certainly attempt to reach an amicable resolution through negotiation, you can be confident that we will be your advocates in the courtroom if your case must go to trial.
How Complex Is Your Divorce Going To Be?
Regardless of how straightforward your divorce may seem, you can benefit from the representation of an attorney who is fully prepared for any challenge that might arise.
Our experience has equipped us to handle the most complicated divorce cases. Our San Antonio divorce attorneys understand the nuances in military divorce. We can sort through the various unique property division issues that come with high-income and high-asset divorce. Our knowledge of the Geneva Convention allows us to carefully handle international divorce. Whatever challenge you face, we are ready to help.
Uncontested And Contested Divorce Representation
Our lawyers are litigators, prepared to go to trial when necessary. If you are involved in a contested divorce, it is important to have a lawyer on your side who has a record of success arguing cases like yours in court. Even if your case appears to be uncontested, having a trial lawyer representing you may prove valuable if agreements fall apart and disputes arise.
To overcome misconceptions about Texas child custody, there is one fact that must be understood: The goal is to reach an outcome that is in the best interest of the child. The needs of the parents are secondary in the eyes of the court.
At Diaz & Jakob, PLLC, our lawyers will work with you to determine what truly is in the best interest of your child. Factors that will be considered include each parent's involvement in the child's life up to this point, distance between parents and potential dangers to the child such as parental drug or alcohol abuse. We understand what needs to be looked at and we know how to present a compelling case to do what is best for you and your child.
Both Parents Should Play A Role In The Child's Upbringing
Child custody can be confusing. You may have heard terms like sole custody, joint custody, physical custody, legal custody, parenting time and parenting plans. While these terms may play a role in your case and our San Antonio child custody attorneys will take the time to educate you about them, what is most important to know is that, barring extreme situations, the expectation will be that both parents will share custody of the child.
The child's time may not be divided 50-50, but that is often a good starting point. We will help you reach child custody and visitation arrangements that make sense, taking into account unusual situations. If you are in the military, travel frequently for work or plan on moving away, certain accommodations may need to be considered to ensure that you get to take part in your child's upbringing. We have the experience to deal with unique scenarios fairly.
Texas child support guidelines are in place to help determine how much child support payments will be. The primary factor used in these guidelines is the income of each of the parents.
At Diaz & Jakob, PLLC, our lawyers understand that a formula is only as good as the numbers entered. Our role is to make certain that income numbers are accurate so that child support payments will be fair. It is important to understand that child support is not intended to benefit the payee, but to ensure that the child has the necessary financial support.
Beyond The Child Support Guidelines
The child support guidelines are not always appropriate. For example, the guidelines are not designed to handle high-income situations. Additionally, the needs of the child may dictate deviation from the guidelines. If a child has special needs or extraordinary medical expenses, standard child support payments may not be enough. Our San Antonio child support attorneys take care to calculate fair payments for unique situations.
When Do Child Support Payments Stop?
Typically, child support payments stop when the child reaches 18 years of age. In some cases, parents may agree on prolonging child support until the child is out of college, or arrangements may be made for coverage of college expenses. We will make certain that no potential issues are overlooked when calculating child support.
Court orders pertaining to child custody and child support are not permanent. They can be modified if any of the parties involved has encountered a material and substantial change in circumstances.
At Diaz & Jakob, PLLC, our Texas lawyers work quickly to seek modifications to court orders obtained after a divorce or a paternity action. While it can be tempting to reach verbal agreements about changes to child custody arrangements, for example, it is important that orders be altered to reflect those changes. This ensures that you are protected against allegations of contempt of court and against enforcement actions. We will advise you of your rights and guide you through the change process.
Child Custody Modification
Requests to change child custody orders are often the result of life changes such as remarriage, the birth of a new child or new jobs. One parent may want to move away with a child, and the relocation request will require creative custody arrangements to ensure that the parent who remains behind will still be involved in the child's upbringing.
In some situations, requests to modify child custody may be necessary due to potential child endangerment. Perhaps one parent has become addicted to drugs or alcohol, or has become involved with someone who presents a threat to the child's safety. Regardless of the situation, our San Antonio divorce modification attorneys can help.
Child Support Modification
More often than not, requests to change child support payments are the result of an employment-related issue. Perhaps the payee has lost his or her job. Perhaps the payee has been promoted or given a substantial raise. Whatever the case may be, changes in income may need to be reflected in child support payments. We will see that they are.