Pflugerville Family Law Attorney

Top Rated Family Lawyer in Pflugerville, TX

Going through family court is never easy, whether you’re pursuing a divorce, child custody order, modification to a spousal support order, or child support. These cases are almost always stressful and emotionally tolling. You shouldn’t have to go through the legal process on your own. A Pflugerville family law attorney from the Law Office of Ben Carrasco, PLLC can give you the support you need to navigate Texas’s family court system.

Hire a Family Law Attorney

At the Law Office of Ben Carrasco, PLLC, we understand how difficult it can be to go through family court. These matters are obviously deeply personal, and that’s why we give every client the respect and compassion they deserve. When it comes to protecting your rights, we don’t back down. We’re always ready to go to trial, even though we constantly work towards a settlement. This helps prevent you from accepting a deal that’s against your interests and shows the other side we’re serious.

Family laws can be difficult to understand, and that’s why we take the time to explain the relevant state laws and how they can impact your case. Our Pflugerville family lawyer can be your trusted ally throughout your case, giving you the guidance you need and never shying away from telling you the difficult truths.

Types of Family Law Cases We Handle

Family law covers a wide range of cases. At the Law Office of Ben Carrasco, PLLC, we handle many kinds of family law cases, including:

• Divorce. From simple uncontested divorces to high-net-worth contested separations, we can help you protect your rights and pursue a fair marriage agreement.
• Marital agreements. Prenuptial and postnuptial agreements can be used to clarify separate vs. community property, protect businesses, or provide for children from previous marriages. These agreements remove financial uncertainty from your marriage, which can help you avoid disputes in addition to protecting you during a potential divorce.
• Spousal support. Oftentimes, when a couple separates, one spouse needs financial assistance to maintain their standard of living.
• Child custody. We help clients create parenting agreements that serve the best interests of their children.
• Child support. When a custodial parent needs help supporting their child, our team can help them pursue financial support from the other parent.
• Custody and support order modifications. If an existing support agreement no longer adequately serves the needs of a child or ex-spouse, we can petition the court for a modification.
• Paternity. For unmarried fathers who want rights to their children, we can petition the court to establish paternity.
• Grandparents’ rights. In rare circumstances, grandparents can petition the court for custody or access to their grandchildren.

With 223,883 new family law cases filed in 2024, it’s important to have an experienced attorney on your side, helping you navigate the legal system.

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What’s at Stake in a Texas Divorce?

There are four primary issues that tend to take center stage in Texas divorces:

1. Child custody. Custody battles over which parent is assigned as the sole or primary managing conservator can become very emotionally charged. Having an attorney on your side who can retain a level head and offer you objective advice that prioritizes your parental rights and the best interests of your children makes a large difference during negotiations and at trial.

2. Child support. The primary managing conservator of any children is usually paid child support by the other parent. While Texas has guidelines in place for determining child support payments, courts often make exceptions to the rule for parents who take extended visitations with their children, have other children to support, are low-income, or are exceptionally high-income. 
   If you believe you may qualify for an exception, ask your lawyer about how to proceed.

3. Spousal support. Under Texas Family Code Chapter 8, spousal support, or alimony, may be ordered if the requesting spouse can’t meet their basic financial needs and one of four situations applies: the marriage lasted at least 10 years, family violence was involved, the requesting spouse has a disability, or a child cared for by the requesting spouse has a disability. 
   If you fall into one of these categories, speak with a divorce lawyer regarding your options.

4. Property division. Texas is a community property state, which means that assets acquired during the marriage are divided in a divorce. In the Lone Star State, the courts divide property in a way that is just and right, which doesn’t necessarily mean a 50/50 split.

A family law attorney can help you navigate these complex issues in settlement negotiations, in mediation, or in court at the Travis County Civil and Family Courts Facility or the Williamson County Justice Center, depending on where you live.

The Family Law Process

Whether you’re filing for divorce or custody, the family law process follows a similar path. First, you’ll start by filing the petition with the court. With this document, you’ll explain the legal issue and the relief that you’re seeking. As the petitioner, you must formally notify the respondent through the service of process.

If necessary, you may also request temporary orders from the court to address urgent issues. Depending on the type of case, you can request a temporary order for custody, visitation, support, and no-contact. These orders typically remain in effect until they’re challenged or the case is resolved.

Before Trial

Before a trial is set, parties can engage in evidence gathering and discovery. Discovery is simply the exchange of evidence by both sides so that everyone is on a level playing field for negotiations and court arguments. Parties may also have to submit interrogatories or go in for depositions as part of this process.

At this point, the case should move toward negotiations and a possible settlement. This is where most cases end, as parents, couples, and other involved parties often reach amicable agreements by this point. If not, the case must proceed to trial. In 2024, only 25% of family law cases went to a bench trial, while only 0.05% went to a jury trial.

How a Family Law Attorney Can Help You

Your family law attorney can stand by your side throughout challenging legal proceedings. They can handle all the details of your case for you so that you can focus on being there to support your children or find new ways to move forward with your life. A family lawyer can:

• File paperwork. It’s important to file paperwork correctly and on time to avoid unnecessary delays and case dismissals.
• Gather evidence. A lawyer can help you gather and evaluate evidence in support of your case, whether that means filing motions during discovery or helping you obtain copies of important paperwork.
• Interview witnesses. You may need to provide witness testimony to help resolve your family law dispute, in which case, an attorney can interview witnesses and coach them to perform under pressure on the witness stand.
• Represent you in negotiations. Many family law cases can be resolved without the cost and time of a trial. Your lawyer can represent you during negotiations, protecting your rights and interests and making sure that you come to a fair agreement.
• Represent you in court. In some cases, family law disputes must go to trial for a resolution. Having a family lawyer at your side in court can be invaluable. Your lawyer can represent you throughout this challenging legal process.

If you’re not sure whether you need to hire a family lawyer, you can always call our office to schedule a consultation. We can evaluate your case and help you determine how to proceed.

FAQs

How Much Does a Family Law Attorney Cost in Texas?

How much a family law attorney costs in Texas can vary based on several factors. Influences on the costs of a lawyer include the complexities of the case, the experience of your lawyer, and the potential that your case will be litigated in court as opposed to alternative dispute resolution methods. When you meet with your attorney, you can discuss their fee structure and learn how much you could expect to pay.

What Do Judges Look at When Deciding Custody in Texas?

When deciding custody, judges in Texas look at each parent’s relationship with the child, their history, any allegations of abuse, their ability to provide a safe environment for the child, the needs of the child, and the child’s wishes. Ultimately, the goal is to create a custody agreement that is in the child’s best interests.

What Is the 3-Strike Rule in Texas Family Law?

The 3-strike rule in Texas family law relates to SB 2794, which imposes severe penalties for parents who interfere with court-ordered possession and visitation times. Applying to both custodial and non-custodial parents, this law imposes escalating punishments when one parent limits the other’s parenting time. The first two strikes are charged as misdemeanors that carry fines, while the third is charged as a felony with the potential of jail time.

Is It Hard for a Father to Get 50/50 Custody in Texas?

It can be difficult for a father or a mother to get 50/50 custody in Texas. The law does not discriminate based on gender and therefore provides opportunities for both parents to receive custody. However, the state doesn’t begin with the presumption that such an arrangement is in the child’s best interests. Rather, the state favors an expanded standard possession schedule, providing one parent slightly more responsibility than the other.

Pflugerville Family Law Attorney

When you’re going through family court in Pflugerville, you want an experienced attorney on your side helping you through the emotionally and mentally tolling process. Hire a family law attorney from the Law Office of Ben Carrasco, PLLC, to give you the support you need. Contact us today to schedule a case review. We’ll discuss your goals and legal options, working with you to create a plan that serves you and your family’s needs.

The Law Office of Ben Carrasco, located in Austin, Texas, provides divorce and family law services to clients throughout Texas, including Round Rock and West Lake Hills.