Practice Areas

We are dedicated in helping our clients understand the complex texture of the law. We believe in helping our clients protect themselves and their families’ interest and safeguarding the future of their children through hard work and ongoing communication. In order to do that, we provide representation to clients in the areas listed to the right.

Child Custody

The issue of “custody of children” is normally an issue between parents. It is possible for certain other persons to seek custody of children, but the law limits such contests and the strong presumption of law is that a parent will be granted custody of his or her children.

There are two forms of custody in Texas, Sole Managing Conservatorship and Joint Managing Conservatorship. Sole Managing Conservatorship is where one (1) parent is selected as the parent who will make all decisions relative to the children (Managing Conservator) and the other parent is allowed visitation with the children (Possessory Conservator). Joint Managing Conservatorship is where certain parenting powers and duties are shared, although the Court normally appoints one parent as the parent who has primary possession of the children and the right to select where they live and what schools they attend. Just because the Court appoints the parents as Joint Managing Conservators, it does not mean that children will spend an equal amount of time with each parent. Joint Managing Conservatorship is preferred by the law at this time and unless there is a problem with the parent who will not have primary possession of the children, it will often be granted. Until the Court issues an order designating one parent as the Sole Managing Conservator or Joint Managing Conservator with Primary Possession, both parents are considered equal. Until such a court order is entered, both parents have equal rights and either parent can take possession of the children. The law does not discriminate against a parent based upon sex.

If you are looking for an affordable and experienced family law attorney / lawyer for your family needs, we are well-prepared to help you. Call us at 972-682-7711, or email attorney@billinghamlaw.com to schedule an appointment with the attorney.

Child Support

Texas has a very specific law which governs the amount of child support to be paid. Child support is calculated based upon the earnings of the parent who does not have primary possession and other funds available to that parent and the number of children that parent has to support. The Court can vary from the specific formula if the child has special problems or needs. In the vast majority of cases, child support is calculated based upon a formula in the family code, which is the amount of net earnings (after deducting Taxes, Social Security, Medicare, and the cost of Medical Insurance coverage for children) available to the parent who does not have primary possession; the number of children being supported in this case; and the number of other children for whom that parent has support responsibilities.

Your lawyer has the necessary tables and calculations to determine the amount of child support that should be paid if you can provide the gross earnings of the parent who should pay support.

If a child support order is correctly prepared, it can be enforced by contempt and the person who fails to pay child support can be jailed. This is not an idle threat in Texas, especially in Dallas County, and Judges will often sentence a parent who fails to pay child support to jail.

Child Visitation

Texas encourages visitation and has a very specific visitation schedule which provides the parent who does not have primary possession of the children very generous access. This “Standard Visitation Schedule” is presumed to be the minimum visitation that a parent can have and most Judges follow this schedule.

If the visitation order is correctly drawn, it can be enforced by contempt and the parent who fails to allow visitation can be jailed.