Family Law Attorney
Many legal issues can affect your family. Several laws and procedures must be observed if you are involved in a divorce, adoption, guardianship, or similar proceeding. This can add substantial complexity to delicate family relationships, especially when the people involved do not have legal experience.
This is where a San Antonio family law attorney can help. Attorney David J. Rodriguez has 30 years of experience providing family law services. He can advise you of your rights and responsibilities under the law and represent you in seeking an amicable resolution to your family law problem.
What Is Family Law?
Family law is an umbrella term that refers to those areas of the legal system that govern family relationships. Although the term is often used in connection with divorce, family law covers a much wider range of subjects. An experienced family law attorney can represent you in any matter affecting your marriage, children, or relations with close relatives.
Here are just some of the family law services we provide at the Law Office of David J. Rodriguez, PLLC:
If you want to adopt a child, working with a qualified San Antonio family law attorney is critical. Adoptions are often more complicated than prospective parents realize. Several legal formalities must be carefully observed, even in relatively straightforward situations–such as a stepparent looking to adopt a stepchild.
Child Custody & Visitation Rights
When parents are divorcing or do not live together, a court must approve certain legal custody arrangements. Texas refers to legal custody as a “managing conservatorship.” By law, both parents are normally presumed to be joint managing conservators, i.e., they will make key decisions about the child together. But a court may appoint one parent as the sole managing conservator if the other parent is deemed unfit. And even under a joint managing conservatorship, one parent will usually be designated the “custodial parent” with whom the child mostly lives. The other parent is then named a possessory conservator with specified visitation rights.
Ideally, both parents can agree on a parenting plan that eliminates the need for a judge to make key decisions in this area. An experienced family law attorney can advise you in this process and help you negotiate an appropriate and effective plan to address child custody and visitation rights with your co-parent.
All parents are legally obligated to provide financial support for their children until adulthood. If the parents are divorced or living apart, the non-custodial parent typically must pay a certain amount of child support each month. The amount of support is based on a series of guidelines established in Texas law. A qualified family law attorney can walk you through these guidelines and advise you on how a court may deviate from them depending on the specific factors in your case. An attorney can also help if you want to modify or enforce an existing child support order.
When spouses wish to end their marriage, they typically hire their divorce attorney. Not all divorces are contested or require extensive litigation. Suppose the parties are in basic agreement on the terms of their divorce–how to divide property, which the children will live with, et cetera–they can prepare a negotiated settlement and present it to a judge in an uncontested divorce proceeding. But if there are substantial disagreements, then it may be necessary for a court to hold a trial and decide some or all of these questions. A family law attorney can assist you in preparing your case, including handling pre-trial discovery and filing any necessary motions with the court.
Many marriages and domestic relationships fall apart due to violence in the household. Victims of family violence can ask a court to issue a protective order against their abuser. Such orders require the abuser–even if they are a spouse–to stay away from the victim and their children. But persons accused of family violence also have certain due process rights that the courts must respect. So, in either case, it is critical to work with a skilled family law attorney who knows the law in this delicate area.
Texas has replaced the traditional concept of alimony with spousal maintenance. In some cases, the right to spousal maintenance is established by a contract, such as a prenuptial agreement. However, if left to a court, Texas only allows for spousal maintenance under specific circumstances. The amount and duration of an award are also capped by state law based on the income of the spouse required to pay and the time of the marriage. A family law attorney can assist you in seeking to establish, modify, or enforce a spousal maintenance obligation.
Why Do You Need a San Antonio Family Law Attorney?
But working with an attorney does not mean you are looking to prosecute. An attorney’s first responsibility is to act in their client’s best interests. There are several benefits to working with an experienced attorney, including:
Understanding the Law
Attorney David J. Rodriguez has been handling family law matters for clients in San Antonio for 30 years. He understands the underlying statutes and regulations and the legal system of family law in Texas. He knows how the courts work in San Antonio and how they can best serve his clients.
Providing an Objective View
Emotions often cloud family law matters. This can make it difficult to think objectively or seek an amicable solution to a problem. A family law attorney can therefore help you by providing a more objective view of your situation. Attorney David J. Rodriguez can review the facts of your situation, explain your rights, and offer advice on what steps to take next.
Saving Time & Money
In the long run, working with a skilled San Antonio family law attorney can resolve your legal problems quicker. Many family law disputes can be resolved through good-faith negotiation or mediation. Attorney David J. Rodriguez is committed to helping his clients find the right approach for their cases.
Planning for the Future
Legal matters like divorce and child custody are not just about today. They are about planning for the future for both you and the rest of your family. That is why it is especially crucial to work with a San Antonio family law attorney who can help you keep a long-term view and work to develop legal solutions that can adapt to your changing circumstances.
So if you are involved in a current or potential family law dispute and require legal advice, contact the Law Office of David J. Rodriguez, PLLC, today at (210) 716-0726 to schedule an initial consultation.