A divorce is one of the most difficult and stressful events we can go through. It can severely affect you and your children. At the Law Offices of Russell Amsberry, we have the experience and expertise to help you through this ordeal.Even after the divorce case is concluded, there will be continuing issues if you have children. These can include enforcement or modification of support and custody provisions, and issues regarding the education, health and well being of the children.

Mr. Amsberry has close to 20 years of experience in litigating and resolving difficult divorce, property, child support, visitation and custody issues before judges and juries. He is experienced in mediation, arbitration and Collaborative law, and can assist and represent you if those alternate methods of resolving your disputes are appropriate.

The well being of your children is of paramount importance in this area of the law. Mr. Amsberry has been appointed by our local courts to serve as a Guardian ad Litem. Guardian ad Litems act as the representative for the children before the court, in custody matters.

If you’re facing divorce or other family law issues, contact the Law Offices of Russell Amsberry LLC today to schedule a consultation and discuss any applicable retainers and fees. We represent clients throughout Bexar, Comal, Guadalupe, Kerr, Kendall, Atascosa, Wilson, Medina, Hays, Bell, Williamson, Travis, Frio and Bandera Counties.

As an reservist in the U.S. Army, Judge Advocate General Corp., Russell Amsberry has assisted hundreds of soldiers, spouses of soldiers and dependents with family law issues both in his official capacity as a reservist and as a civilian lawyer. Experienced in counseling soldiers suffering the trauma that often accompanies deployments and other stressors not common in the civilian sector, Mr. Amsberry is keenly sensitive and has ably assisted Armed Service members from each branch in assessing the myriad of issues that are unique to members of the military and their dependents. If you are a member or spouse of a member of the Armed Forces, take the first step to learn more about protecting your interests in a divorce or related family law proceeding, and contact a knowledgeable family law and military divorce attorney who not only has the legal knowledge but personal military experience to put you in the best position on issues of custody, visitation, property division, calculation of support, allotments, retirement benefits and Survivor Benefit Plans.

Among the many things that divorcing parents must think about, child custody is always in the forefront of their minds. There are many legal terms that parents will hear during a divorce: physical custody, legal custody, sole custody, joint custody, custody evaluation, and modification. In order to make sure that a custody arrangement is made that serves both you and your kids, it is important to speak with a family law attorney who is knowledgeable on the subject.Basic Custody Terms

Physical and legal custody are two different kinds of custody. The court will determine both for each child.

Physical Custody: Physical custody determines which parent the child lives with and who has the right and responsibility to give daily care to the child.

Legal Custody: Legal custody determines which parent has the right to make decisions about the child’s education, health care, and religion.

Common Custody Arrangements

Both physical and legal custody do not have to reside in only one parent, and can be divided in many ways.

Sole Managing Conservator: Sole custody means that the child lives with primarily one parent. The parent who has the right to sole custody is called the custodial parent. The other parent is called the non custodial parent.

Joint Managing Conservator: Joint custody means that the parents share physical control and/or decision making. Joint legal custody is pretty common where parents have joint physical custody, but the reverse is not true, as joint legal custody may often be granted without joint physical custody. When joint legal custody exists, it is important that the parents are able to work together for the best interests of the children. In Texas, there is a presumption for joint custody and unless there is evidence of abuse, neglect, abandonment, or actions which subject the child to physical or psychological endangerment, courts often will presume that involvement of both parents in the child’s upbringing is in the best interest of the child.

Split Custody: Split custody is when each parent takes custody of different children. This is not as common as joint custody and the Family Code has a presumption against the same. However, in certain circumstances, split custody is in the best interest of the children.

Custody Determinations During a Divorce

Immediately after a couple decides to separate, questions concerning custody begin to surface. While often decisions regarding custody are agreed upon soon after the separation, many times custody issues are decided in court. The court may address custody in many different ways, such as:

Temporary Hearing: A judge will hold a hearing shortly after the divorce papers are filed. Among the legal issues to be decided in this hearing is custody. Temporary custody is usually granted to the parent who lives in the marital home, though if there is abuse or other evidence to suggest that this would not be in the best interest of the child, this will not be the case. While temporary custody orders may be an indication of which parent the court believes is more suited to raising the child, temporary custody orders are not determinative of which parent will get permanent custody at the conclusion of the divorce.

Mandatory Mediation: Mediation is an alternative method of resolving disputes in which the parents work with a third party in order to resolve the issue. Texas courts can and — in certain counties such as Bexar county, when set for jury trial – will order parties who cannot agree on custody to attend mediation. It is possible to resolve custody in mediation while leaving other issues to the court process. If a couple determines custody through mediation they can put a provision in the final divorce decree that requires the couple to continue to resolve custody and visitation disputes through mediation before returning to court.

Custody Evaluation: When the parents cannot agree on who should get custody prior to trial, Texas courts will order a social study, ad litem to the child(ren), and/or psychological evaluation. With the exception of the ad litem appointment, a social study or psychological evaluation is usually done by a social worker, a psychologist, or another mental health professional that is appointed by the court. The mental health professional may talk with teachers; interview and perform psychological tests on both parents; and further observe, interview, and perform psychological tests on the children. The custody evaluations usually take four to twelve weeks. The court will not enter a final custody order unless the custody evaluation is complete and will often defer to the findings of the evaluation and preferences as indicated by the children through an ad litem.

Trial: Texas, like most states, determines custody based on the best interests of the child. Factors that Texas courts may weigh to determine this include the parents’ wishes, the child’s wishes, the child’s relationship with parents and others, the child’s adjustment to their home and community, mental and physical health of family members, physical violence, ongoing abuse, and the willingness of each parent to foster a relationship with the other parent.

Whether you are facing a divorce or are seeking a change of custody, visitation and access due to a material change in circumstances, the Law Offices of Russell Amsberry has a proven track record of successes for both fathers and mothers in gaining the custody, visitation and access sought of their children. Call us at (210) 354-2244 or email us at r.amsberry@amsberrylaw.com.

Our firm has assisted several traditional and non-traditional families navigate through the maze of tests, social studies, and background checks typical of most adoptions. Whether you are considering an adoption through an agency, seeking an adoption tied to a termination of parental rights or seeking a surrogacy contract with adoption in mind, we can help you reach your goal. Our firm has represented parties in both unopposed and contested adoption and termination proceedings.Aside from terminations as part of adoption proceedings, our firm has successfully filed petitions for termination of parental rights on behalf of both mothers and fathers. If you believe your circumstances are such as to merit such an action, call our office for more information about the termination and/or relinquishment of parental rights.

Texas courts give great deference to the child support guidelines set forth in the Texas Family Code, which is formulaic and takes into account among other things the number of children before the court, the number of other children whom the parent has an obligation to provide both child support and medical support, earnings of the obligated party and special needs if any of the child(ren). However, there are a number of other factors which the Family Code allows to be considered in determining an appropriate amount of child support. If you are seeking child support and medical support for a child through an initial Suit Affecting Parent Child Relations Suit or seeking a modification to either increase or decrease support based on a change of circumstances, call our office to see how we can help you.

Court ordered spousal maintenance is also referred to as spousal support or alimony. Courts may order temporary support in a pending divorce, but long term spousal maintenance is awarded only in situations where the marriage has lasted more than 10 years and the requesting spouse is unable to support himself of herself. However, it may be agreed upon by the parties during negotiations. This type of agreement is referred to as contractual alimony.Factors Considered When Determining Whether Alimony Will Be Awarded

When determining whether post divorce spousal support will be ordered, the court considers a variety of factors. The first two tests, which are stated by the Family Code, have to do with the length of the marriage (10 years) and the ability of the party requesting alimony to support himself or herself.

Other factors that are looked at include:

• The needs of the spouse requesting support
• The ability of the other spouse to pay support
• The health and age of both parties
• The ability of both parties to work
• Each parties’ responsibility for children
• The size of the marital and separate property estate of the parties
• Whether spousal abuse has occurred
• None of these are solid rules, but they do play a factor in the court’s decision.

How Alimony Payments are Calculated

Unlike child support, there are no clear guidelines for the calculation of spousal maintenance. When it is court ordered, there is a cap of 20% of gross income, not to exceed $2,500 per month.
Additionally, court ordered alimony may not to exceed three years in duration, unless the spouse receiving support is unable to support themselves because of an incapacitating disability or is supporting a child with a mental or physical disability.

Learn More About Our Commitment to Providing Solutions

At the San Antonio, Texas, law firm of The Amsberry Law Firm, our lawyers bring decades of experience to the cases we handle. If alimony is going to play a role in your case, our goal is to make certain it is handled fairly.

Call us at (210) 354 2244 or contact us online.

Parents can seek modification of the custody arrangement even after custody has been determined through agreement or court order. Modification can only occur if the parent can show a substantial change in circumstances. If it has only been less than one year since the original custody decree, Texas will only allow modification if there are indications that the child’s current environment will endanger his or her physical, emotional, mental, or moral health.

When you or your family is in danger of imminent violence or a continuing pattern of violence, you have rights and deserve protection. The Amsberry Law Firm will secure necessary court orders including a Temporary Restraining Order, Injunction, and Protective Order to ensure your protection. Conversely, if you have been served with an Application for Protective Order and believe it is being filed maliciously and without validation, our firm has the experience to challenge, defend and defeat such suits – in many cases.

Most violations of divorce orders involve child support, custody, and visitation. These can include failure to pay child support or hindering possession and access of the children. However, violations can include any aspect of a divorce agreement, from property division to spousal maintenance.In Texas, failing to pay child support or failing to comply with visitation orders can result in fines up to $500 and/or 180 days in jail, as well as the payment of attorney fees and costs. The court can impose other punishments depending on the situation, for example if one parent deprives the other parent of visitation time, the court may order make up visitation time and payment of attorney fees.

Whether you need help enforcing a decree or feel that you have been wrongfully accused of violating a court order, the attorneys of The Amsberry Law Firm take enforcement cases very seriously and work aggressively to help their clients enforce their orders or defend their rights as necessary.

The matter of divorce would be difficult and emotional if it began and ended with just the two people whose marriage is ending, but the decision to divorce has a wide reaching ripple effect. Obviously the children are going to be faced with a different dynamic, and just how much upheaval they experience will depend on how well their parents cooperate during the divorce process and after the action is finalized. But in addition to the children, the extended family of the divorcing couple is also impacted, and we are all aware of the close relationships that often times exist between children and their grandparents.The issue of grandparents’ rights is a very commonly discussed aspect of family law, and each state has its own laws surrounding the subject. In the state of Texas grandparents can be granted visitation rights by the court under certain circumstances. The most common one would be when the parents of the child in question are either divorced or living separately for at least three months, at least one of the parents still has legal custody, and the court feels as though such visitation would be in the best interests of the child. Grandparents can also be granted visitation rights when the court has ruled that the child is in need of supervision, or in cases when the child has lived with the grandparents for at least six of the 24 months prior to the filing of the visitation request.

Grandparents can be award custody of a grandchild as well when the court rules that the child’s health and well being are being compromised by his or her present living situation and in cases when both parents file a petition asking the court to grant conservatorship to the grandparents. Other interested third parties can be awarded custody as well under certain circumstances at the discretion of the court.

If you would like more information about grandparents and third party custody/visitation, contact an San Antonio TX family lawyer for a free consultation.

For those concerned about the possibility of divorce down the road, premarital agreements or “prenups” are a reasonable precaution. When a person marries, often his or her separate property commingles with property that is considered community property. This commingling can create major complications in the event of divorce.Under Texas law, all community property is subject to division in a divorce. All property possessed by either spouse is rebuttably presumed to be community property, unless it is proven to be separate property. A premarital agreement allows a person who is about to marry to preserve and protect his or her separate property estate, by predetermining the characterization of property or income at the time of divorce or death.

Prenups are most popular with people who enter a marriage with large assets. Often these assets are not easily divisible, such as an interest in a family owned business or a large tract of real estate. Though most premarital agreements are mainly concerned with complex property issues, they can set boundaries on many other issues in a marriage.

Premarital agreements can involve:

• Wills and trusts
• Rights to control property during the marriage
• Dividing retirement and employee benefits
• Homestead rights

At The Amsberry Law Firm, we have decades of experience in creating and dealing with premarital agreements and the unique circumstances and needs of our clients.

Sometimes an agreement between spouses that divides marital property can be a good way to preserve and protect assets and to reach agreements concerning financial issues that can ease marital stress and sometimes resolve issues to avoid a divorce or to divide assets to avoid a dispute about asset division in the event of a divorce. A post marital agreement or asset partition agreement may also be done to protect one spouse’s assets from the other’s debts, to protect assets from the risk associated with a spouse’s business venture, or for a variety of other reasons.If you would like to explore this avenue of protecting your assets, the attorneys at The Amsberry Law Firm can assess your situation and determine if a post marital agreement or partition agreement would appropriate for your unique situation.

During a divorce, asset tracing services may be needed for a variety of reasons. Two of the most common are to find hidden assets and to prove that certain property belonging to one spouse is a spouse’s separate property as distinguished from community property.Hidden Assets
An increasingly vital part of a sophisticated family law practice is the ability to trace assets that may have been hidden by a spouse prior to a divorce. Contrary to popular opinion, hiding assets isn’t just for the wealthy. Anyone can have a rainy day account that is not mentioned in the divorce proceedings. Almost any asset can be found, no matter how creatively it has been hidden. Bank statements, canceled checks and tax returns can all contain clues to the location of hidden assets.

Finding hidden assets may mean the difference between financial stability and a lifetime of struggle for you and your children. If you suspect that your spouse has hidden assets that he or she has not disclosed, The Amsberry Law Firm attorneys can help to uncover them and bring them into the pool of assets to be divided.

Separate Property
Properly characterizing property during a divorce proceeding is extremely important,
because under Texas law a court can only divide community property. In almost all circumstances separate property is not divisible by the court in a divorce.

Proving that an asset is separate property after many years of marriage and commingled accounts can be difficult. The party who is claiming that property is separate property has the burden to prove by “clear and convincing evidence” that property is separate property rather than community property. At The Amsberry Law Firm, we are experts at tracing assets back to their roots to determine their proper characterization.

For many people, often the largest and most complex business deal they will ever be involved in is their divorce. Our clients are constantly amazed at the amount of money in dispute in their divorce. Even clients who live modestly may divide a net worth of several million dollars when they take into consideration the value of homes, retirement accounts and closely held businesses.Many family law attorneys can handle divorces involving small estates. But few lawyers and law firms have the experience, knowledge and resources required to successfully handle complex property issues. The attorneys of The Amsberry Law Firm, work closely with experts in real estate, business valuation and appraisal to determine what property is worth and to secure a just division. Our firm further works closely with private investigators and foreign counsels, in cases where assets may be transferred, embedded, or secreted so as to avert detection. When necessary, our attorneys can put together a team of experts in other areas such as personal finance, wealth management, taxation and business valuation.

Here are some of the assets that can come into play during a complex divorce proceeding:

• Real estate: residential, commercial, farm and ranch
• Oil and gas royalties and other mineral interests
• Employer benefits and retirement plans
• Stock options
• Inheritances
• Separate property characterization and tracing
• Deferred compensation plans
• Economic contribution and reimbursement claims
• Insurance issues
• Intellectual property issues, copyrights and patents

Qualified Domestic Relations Order (QDRO)

A QDRO is one of the primary tools used to partition retirement benefits. It divides employee benefits earned at his or her job, and shows what percentage or amount is awarded to an alternate payee (i.e., spouse, former spouse, child, or other dependent).

Drafting a QDRO is a complex and technical process that must navigate a variety of complicated rules and regulations. The requirements differ greatly for corporations, teacher retirements, local, state and federal government plans, and military plans. In addition, Defined Contribution Plans, such as 401(k) Plans, and Defined Benefit Plans, such as pension plans, each have different and complex drafting requirements. Dependents of military members may also be entitled to receive benefits from Thrift Savings Plans and Survivor Benefit Plans, which we aggressively seek to obtain for clients who are eligible.

The attorneys of The Amsberry Law Firm, are well known for our experience and skill in dividing retirement and employee benefits in ways that benefit our clients.

In years past, blood tests could prove if a man was not the father, but could not establish with any certainty that he was. Today proving paternity has become much easier because of DNA fingerprinting and other techniques. Such technologically advanced techniques can establish paternity to a 99 percent probability.Our attorneys have experience using such methods to prove that a man is the father of a child in order to gain support for the child or alternatively parentage so as to establish visitation, access and custody by a putative father. Although DNA testing is most often used on behalf of the mother, at The Amsberry Law Firm we also represent fathers, establishing paternity when men who want to provide support are rebuked by mothers who want to deny them parental rights.