For a DIVORCE LAWYER YOU CAN TRUST contact us today at (214) 828-2800

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Divorce

Divorce can be the most challenging and trying times in your life. We understand the toll it takes on the family unit and how scary the unknown can be. We will be here to walk you through the process and answer any questions that you have to alleviate that fear. 

Child Custody

Our children are the most important thing in our lives. We understand that and will handle this matter with care and professionalism that is unmatched. 

Child Support Matters

Have you been sued because you owe back child support? We can assist you in resolving this matter with the State of Texas. 

Custody Modifications

In life, circumstances change and a modification sometimes becomes necessary. Whether you need assistance to change your orders or are opposing a change, we are here to help. 

Matters Involving Child Protective Services ("CPS")

Very few attorneys have the experience necessary to assist in a matter involving Child Protective Services (CPS). We do! Our firm has helped hundreds of families in mattes involving CPS and can help you too.  

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Divorce

You Want Us On Your Side

Getting a divorce can be one of the hardest times in your life. You need an experienced divorce attorney in your corner to listen  and fight for you. At Balekian Hayes, PLLC, we understand the stress and emotions involved in a divorce, and we are here to help you handle the situation properly and make the right decisions. Do not fight your divorce case alone. We are on your side. Call our firm today to schedule your consultation and get started with your legal strategy.


Balekian Hayes, PLLC is not a churn and burn firm where the volume of cases is the most important focus. By handling a smaller number of cases, we are personally invested in the outcome of each family law case and can give each case the care it truly deserves. Call to set up your consultation and find out how we can help you.


In Texas, you must allege grounds for your divorce.  Grounds are as follows: 

  • Insupportability - This is what the majority of divorces allege. In its simplest form, it means that the marriage is no longer supportable and/or you are no longer willing to be supportive of it. 
  • Adultery
  • Abandonment
  • Severe Mental Disability 
  • Imprisonment for over one year
  • Cruel  treatment.


Once you make the decision to divorce, a petition for divorce must be filed and the other party must be served. From the date of filing, you must wait at least sixty (60) days before your divorce can be granted. In Texas it is called the "cooling off period". 


As part of the divorce proceeding, a fair and equitable property division should occur of all community property and a child custody order be created in a marriage with children. While we always encourage parties to reach an agreement where they can, we are on your side when an agreement cannot be reached and will be ready to advocate for your what you are entitled to in a Court of law. 


We Offer Affordable & Effective Divorce Solutions to Texas Residents


Dividing property during a divorce can be one of the biggest challenges couples face. There can be intense emotions and conflicting interests, which is why it is important to have a top-rated Dallas family law attorney on your side. With years of experience protecting the rights of clients who face property division matters, Balekian Hayes, PLLC is here to help you to assess all assets, identify assets as a community or separate property, and ensure you receive your fair share of the community estate. 


Call Balekian Hayes PLLC today by dialing (214) 828-2800. 


A major concern for those going through divorce is how their property will be divided. Assets need to be distributed fairly to each spouse, so the first step will be determining which property is community and which is separate. Whether or not something is community r property is decided at the time that the asset is acquired. Community property is generally divided between spouses, while any separate property remains with its specific spouse.


Some examples of community property that can be divided during a divorce include:

  • Bank accounts 
  • Investment accounts
  • Real estate
  • Vehicles
  • High-value items
  • Complex assets 
  • Businesses 
  • Intellectual property 


If you or your spouse are having difficulty arriving at a fair agreement, you need help from a qualified family lawyer. The attorneys of Balekian Hayes, PLLC have the knowledge and skills necessary to represent your interests in court and ensure that you get what you are entitiled to. 



 

"I have been through this process myself and it gives me a different perspective of what this process can take from you, what it does to you emotionally and how to get through the process. I care about our clients and make sure we do what is right for them beyond just the case."

-Kris

Child CUstody

Let Us Help You Protect Your Family

If you are a parent going through a child custody matter, you are aware of how emotionally challenging and stressful it can be. You may be extremely worried about your child's safety and future or you may be worried you are losing valuable time with your children. At Balekian Hayes, PLLC we have not forgotten that the most important thing we do is protect your family. We care about our clients and we aggressively represent their wishes.  We are a Dallas Family Law Firm you can actually trust !


 Call us at (214) 828-2800 to schedule a consultation to discuss.  


Your Children Are Our First Priority. 

As parents, that is what we will always put first in our lives. When you come in for your consultation, you will find that we listen closely to the details of the situation and will discuss what is in your child's best interest. We will stay focused on what it is that you would like to accomplish and advise you based on the circumstances. We will help you through this chapter of your life and will work to make this process as smooth as it can be. 


A child custody order, which can be in a Final Decree of Divorce or a Suit Affecting the Parent-Child Relationship, can dictate when you spend time with your children (defined as possession and access).  Since custody arrangements cannot generally be modified without a showing a significant and material change in circumstances, it is imperative to get the arrangements right the first time.  

 

Possession of your child means you can see the child in person and have the child in your care. Access means that you can interact with your child by some means. 


In the State of Texas, it is presumed to be in the best interest of the child that the parents are named Joint Managing Conservators. This does not dictate how much time you spend with the child but what are your rights and responsibilities as it pertains to your children. Usually, but not always, one parent has the right to designate the primary residence of the children, oftentimes referred to as the "primary parent". 


The following rights and duties of your children can be structured: 

     

1. Duty to Inform the other parent   in a timely manner of significant info concerning the health, education, and   welfare of the child

 

2. Duty to inform the other parent   by prescribed notice if the parent resides with for at least 30 days,   marries, or intends to marry a person the parent knows is a registered sex   offender or is currently charged with an offense that would require   registration upon conviction

 

3. Right to receive info from the   other parent concerning the health, education, and welfare of the child

 

4. Right to confer with the other   parent, to the extent possible, before making a decision concerning the   health, education, and welfare of the child

 

5. Right of access to medical,   dental, psychological, and educational records of the child

 

6. Right to consult with a   physician, dentist, or psychologist of the child

 

7. Right to consult with school   officials concerning the child’s welfare and educational status, including   school activities

 

8. Right to attend school   activities

 

9.   Right to be designated on the child’s records as a person to be notified in   case of emergency

 

10.   Right to consent to medical, dental, and surgical treatment during an   emergency involving immediate danger to the health and safety of the child

 

11. Right to manage the child’s   estate to the extent the estate has   been created by the parent or the parent’s family

 

12. Duty of care, control,   protection, and reasonable discipline of the child

 

13.   Duty to support the child, including providing the child with clothing, food,   shelter, and medical and dental care not involving an invasive procedure

 

14. Right to consent for the child   to medical and dental care not involving an invasive procedure

 

15. Right to direct the moral and   religious training of the child

 

16. Right to consent to medical,   dental, and surgical treatment involving invasive procedures and to   psychiatric and psychological treatment

 

17. Right to represent the child   in legal action and to make other decisions of substantial legal significance   concerning the child

 

18. Right to consent to marriage   and enlistment in armed services of US

 

19. Right to make decisions   concerning the child’s education

 

20. Right to services and earnings   of the child, except as provided by section 264.0111 of the Texas Family Code

 

21. Except when a guardian of the   child’s estate or a guardian or attorney ad litem has been appointed for the   child, the right to act as an agent of the child in relation to the child’s   estate if the child’s action is required by a state, the U.S., or a foreign   government

 

22. Right to designate the primary   residence of the child within Dallas County and counties contiguous to Dallas   County, Texas

 

23. Right to receive and give   receipt for periodic payments for the support of the child and to hold or   disburse these funds for the benefit of the child


While in today's day, Courts are more often supporting a 50/50 possession schedule, the Texas Family Code presumes it is in the best interest of the children to have a primary parent and the non-primary parent has a Standard Possession Order ("SPO"). The Standard Possession Order states as follows: 

 

  • Weekends beginning on the 1st, 3rd and 5th Fridays of each month 
  • Friday at 6:00 p.m. – Sunday @ 6:00 p.m. (or your order may state from after school Friday until the child returns to school the following Monday)
  • Thursdays 6 p.m. – 8 p.m. during school year or when the child’s school is regularly dismissed (elected by non-primary parent) 
  • Designated Summer and Holidays schedules 


Balekian Hayes, PLLC Is committed to assisting you in receiving the MOST time with your children 


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CHILD SUPPORT MATTERS

What You Need To Know About Child Support in Texas

In a situation where one parent is a primary parent, the Court will generally order that the non-primary parent pay child support based on a percentage of the non-primary parents's monthly net income.  The percentages are as follows: 


 1 child = 20% of Obligor's Net Resources
2 children = 25% of Obligor's Net Resources
3 children = 30% of Obligor's Net Resources
4 children = 35% of Obligor's Net Resources
5 children = 40% of Obligor's Net Resources
6+ children = not less than the amount for 5 children 


Month net income can include all wages, salary, commissions, tips, overtime, and bonuses, severance, retirement or unemployment benefits, or from social security or workers’ compensation awards. Income also includes gifts, prizes, and alimony, among other things. 


The current cap in Texas is $8550 per month. Therefore, absent a showing of special circumstances, the highest amount of child support will be reached by multiplying the $8550 by the percentages as indicated above. 


 Just because one parent tends to pay child support, that doesn’t mean that the other parent is off the hook for the costs of raising a child. Instead, the law assumes that the custodial parent spends the money directly on the child. In other words, the custodial parent automatically pays child support through the daily cost of raising the child. 


 Call us at (214) 828-2800 to schedule a consultation to discuss.  


Child support is monitored by the Attorney General of Texas and generally paid through the Attorney General of Texas. A modification of child support can occur at anytime that the needs of the children significantly change or that the net income of the paying party changes so greatly that it would justify a change in the amount to be paid by at least $100 and or 20%. 


To determine whether you currently have a child support arrearage, please reach out to the Attorney General of Texas at :   https://www.texasattorneygeneral.gov/child-support 


Balekian Hayes, PLLC can assist with child support arrearages as well as child support modifications. 

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CHILD CUSTODY MODIFICTAIONS

TIME TO CHANGE THE ORDERS? 

As we mentioned above, the standard to change the prior orders related to a child is a significant or substantial change in circumstances.  As we all know, life changes too quickly and sometimes the orders that previously worked are no longer workable. 

 

Under Texas law, there are only limited circumstances in which a parent can modify a child custody or visitation order. Such a change will be made only if it is in the best interests of the child, and:


  • the circumstances of the child or parent have materially and substantially changed since the original child custody order or agreement
  • the child is at least 12 years old and has told the court in chambers that the child wants a change, or
  • the custodial parent has voluntarily given the child's care and custody to another person.


As children grow older, their needs change. As parents remarry, life changes. With each significant change, the need may arise to modify the Court's prior orders. Balekian Hayes, PLLC can assist you with modifying the prior Court orders and explaining to the Court why this modification is what is best for your child/children. 


Call us at (214) 828-2800 to schedule a consultation to discuss. 


A parent who files a motion to modify a child custody order within one (1) year after it was rendered must also submit an affidavit to the court that states one of the following allegations:

  • that the child's current environment may endanger the child's physical health or significantly impair the child's emotional development
  • that the custodial parent is seeking the modification, and the modification would be in the child's best interests, or
  • that the custodial parent has voluntarily relinquished the custody and care of the child, and the modification would be in the child's best interests.


An affidavit showing why the current situation impairs the physical safety or mental health of the children is also required upon the filing of any motion to modify a child custody order requesting a change of primary conservatorship. 


With almost two decades involved in child custody matters and having experiences on all sides of the fights, Balekian Hayes, PLLC is your best choice for the job and you will be grateful that you have them on your side. 



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MAtters involving cps

We Will Help You Get CPS Out of Your Life

 

Challenging CPS Investigations That Are Based on False Allegations 


While Child Protective Services ("CPS") seeks to protect Children from abuse and neglect, there are times when decisions to break apart families are based on false accusations and misinformation. Oftentimes, different CPS workers handle matters differently and that can lead to problems for your family. These situations can put parents at risk of losing their children.  DO NOT TRY AND NAVIGATE CPS ALONE. Balekian Hayes, PLLC is one of the few law firms with many years of practice involving CPS and knows how to handle this unique area of law. 


Call (214) 828-2800 to find an attorney that will fight to keep your family together. 


When Does CPS Become Involved?


Texas law states that any parent may be investigated for child abuse if they have caused serious bodily injury to their child. Parents may also be required to undergo investigation if they are accused of violating the Texas family law codes pertaining to the protection of children.


Parents may be required to undergo investigation if accused of any of the following:

  • Failing to provide a child with food, shelter, or clothing 
  • Causing emotion of mental injury to a child 
  • Causing physical injury or substantial harm to a child 
  • Threatening substantial harm to a child 
  • Permitting a child to engage in sexual performances 
  • Compelling a child to engage in sexual conduct of pornography 
  • Committing sexual conduct that is harmful to a child’s mental, physical and emotional well-being 
  • Allowing a child to be put in a situation that leads to emotional mental injury
  • Placing a child in or refusing to remove a child from a situation that could result in harm 


How We Can Help

An accusation of child abuse can have devastating effects on a person’s life and will trickle down throughout the entire family. If you are facing these kinds of charges, a general family law practitioner may not be the right choice for you. You will need someone experienced in Dallas as a CPS attorney that understands how to protect your relationship with your children. It is never advisable to fight these charges alone.  Call today and begin planning your legal strategy.


 Call us at (214) 828-2800 to schedule a consultation to discuss.  

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