Nothing contained in this website is intended to create an offer for legal services. No attorney/client relationship exists as a result of an individual or entity reading or utilizing the contents of these pages. The purpose of this site is purely informational. If you want legal advice you should call a competent licensed attorney.

Consultations - We would be happy to meet with you and discuss your individual situation. Attorneys Kevin J. Schmid and Kendall Goetz bill at $300.00 per hour, Melissa Schmid (Para-Legal) bills at $90.00 per hour and Vanessa Ashjian (Legal Assistant) bills at $50.00 per hour. We bill in six minute (1/10th of and hour) increments. We collect a retainer fee at the onset of a case, usually between $1,500.00 and $5,000.00, depending on the nature of the case, and filing fees, which are deposited into a client trust account. We then bill all time and costs incurred against that deposit. On the 5th of each month itemized statements are generated and mailed to each client.  On the month following the month of final resolution of the case a refund is issued for any unused fees.

Family Law –– All types of litigation involving the relationships within the traditional, nuclear family, as in divorce or child custody.

Divorce –– The dissolution of the partnership formed at marriage and division of the assets and liabilities accumulated during the marital relationship. In Texas, the court measure for dividing the community estate is a just and right division considering all relevant factors.

Collaborative Divorce  - A process which enables the parties, with assistance of counsel and other allied professionals, to fashion their own agreements without litigation. Typically, it is less traumatic for all participants involved, (especially the children), more client-driven, as opposed to being more attorney/court driven. It can also be less costly.

Timespan for getting a divorce  - In Texas, there is a statutory waiting period of 60 days, following the filing of a divorce petition, before a party can finalize a divorce action. Although the parties may have an "agreement" on all issues, until that agreement is reduced to writing, signed by all parties, approved by the court, and signed by the District Court Judge, the agreement may be revoked.

Sharing the same attorney with your spouse  - An attorney cannot ethically represent both a husband and wife in a divorce action. Although many cases are handled through completion with only one attorney handling all the paperwork. The unrepresented party may act as their own attorney and deal directly with the represented party's counsel, however the attorney may not divulge any confidential information, nor may they give any legal advise to the unrepresented spouse.

Community Property Law –– Community property is defined in the Texas Family Code as all property in existence in a marriage that is not separate property.

Marital Property Distribution –– The Texas Family Code mandates that a court divide assets and liabilities accumulated during marriage in a manner that is “just and right” according to the circumstances.

Marital Property Law –– The Texas Family Code governs the methods of management, control, characterization and distribution of all assets and liabilities accumulated during the marriage relationship.

Child(ren) –– any unemancipated minor to whom a parent owes a duty of support.

Child Custody –– Any action brought by a parent or other person with the legal authority to request the court to grant them the right to raise the child. The Texas Family Code and case law presumes a parent is the best individual to raise their child over a non-parent.

Child Support –– Generally a specified amount paid periodically by one parent to the other parent, or person with legal custody of the child, for the benefit of the child. However, health insurance premiums and uninsured medical costs incurred on behalf of a child are also enforceable as child support.

Guardianship –– The legal right and duty to care for another person’s estate and person. Guardianship is the title necessary to obtain over an adult disabled child who cannot function in the world as a competent adult.

Conservatorship –– The legal term for custody. Under the Texas Family Code, the person with sole custody is called “Sole Managing Conservator” and the “visiting parent” is called “Possessory Conservator.” In recent years, however the Code presumes all parents will be named “Joint Managing Conservators” dividing the relative rights and duties between the joint managing conservators.

Grandparents Custody –– Grandparents are given some preference over 3^rd party non-parents in custody cases, however the genetic link alone is not enough to overcome the prevalent “best interest” test and parental presumption in custody cases.

Grandparents Visitation –– The right of grandparents to visit with their grandchildren is directly tied to their own children’s generosity in allowing that visitation to take place. In recent times, grandparental visitation rights have eroded to virtual non-existence, as the law protects parents’ rights to raise their own children as they see fit and without interference.

International Child Abduction –– Governed by the Hague Convention which many countries signed off on to coordinate efforts when a parent without legal custody abducts a child and takes them out of the child’s home country.

International Child Custody –– Custody of a child can be maintained in the child’s home country or another country, depending on the facts and applicable law of the jurisdictions involved.

Parental Kidnapping –– A parent who wrongfully absconds with their child, secreting the child from the other parent, can be found to be both civilly and criminally liable for such act.

Parental Rights –– In Texas the rights and duties of a parent are enumerated in the order originating from any suit affecting the parent-child relationship. There are rights and duties that parents have at all times, rights and duties that each parent would have during their respective periods of possession of the child(ren) and rights that either parent may have exclusively.

Stepparent Adoptions –– In the event a stepparent wants to become a legal parent of his/her stepchild, they may join with their spouse, in a suit to have the court establish a legal parent-child relationship between the stepparent and the child. The parental rights of the other parent, not the spouse of the stepparent, must be terminated before the adoption can be granted.

Termination of Parental Rights –– In order for a parent to be relieved of their legal duties as a parent and in order for another individual to adopt a child, that parent’s legal rights and duties must be terminated for all time by a court.

3^rd Party Custody –– Other persons, not the parent of a child, may petition a court for custody of a child. To qualify as such a person the individual must have recent and significant contact with the child. In Texas the Family Code scrutinizes any non-parent in their bid for custody and requires an extremely high burden be met by the non-parent seeking custody over a legal parent.

Visitation Rights –– The Texas Family Code outlines guidelines for possession and access to any child, over three, the subject of a suit affecting the parent-child relationship. Currently the visiting parent’s presumed minimum time allotment as outlined by the Code are only slightly less than the custodial parent’s time.

Alimony –– Texas now has court-ordered alimony/maintenance available to persons with marriages of ten plus years (or victims of domestic violence resulting in a conviction) and without the ability to meet their reasonable minimum monthly needs even after the division of the marital estate. The alimony statute was passed as a rehabilitative statute, designed for spouses that have been in long-term marriages and not in the workforce, maintaining the marital household and raising the children, if any. Additionally, the parties may agree, contractually, to an alimony plan within their divorce.

Name Changes –– The name of a minor child can be changed in a court proceeding with the agreement of both parents. An adult may change his or her name as long as he or she can prove the request is not made to avoid existing or potential creditors.

Paternity –– A father of a child, not being married to the mother, must establish his parentage in a court of law in order to reap the benefits of a parent. A Paternity or Parentage suit, in addition to establishing the legal relationship between a father and child, will also deal with other issues such as child support, visitation, health insurance, uninsured medical, pre- and post natal expenses and surname of child.

Post-Divorce Modification –– The court granting the divorce has continuing jurisdiction to revisit all issues relating to the child(ren) post-divorce, including custody, visitation and child support.

Marital Agreements –– Spouses may enter into an agreement, enforceable as a contract that characterizes the property accumulated during marriage so that decision is not left up to a court should the parties dissolve their marriage by divorce.

Premarital Agreements –– Persons intending to marry have the right to enter into an agreement to maintain separate property as separate and even to characterize community property after marriage as separate, which is significant as the divorce court does not have the authority to divest a person of their separate property.

Spousal Support –– Each person has a statutory duty to support their spouse. If a divorce is filed, the court may order one person to pay directly to the other spouse, or to any creditors for the benefit of the spouse.