Our Fort Worth Family Lawyer Will Fight For You
Family law cases aren’t just legal disputes. They’re fights over your children, your financial security, and your future. Whether you’re navigating a custody battle, a child support modification, a protective order, or an adoption, the outcome will shape your life and your family’s life for years to come. At Varghese Summersett, our Fort Worth family law attorneys bring the same trial-ready intensity to every family matter that we bring to the courtroom. Our team includes a Board Certified Family Lawyer and attorneys who have spent decades in Tarrant County fighting for families.
We know what’s at stake. That’s why we don’t process cases — we fight them.
Family Law in Fort Worth: What We Handle
Our family law team handles the full range of matters that affect Texas families — everything from establishing paternity to complex custody modifications to grandparent rights. While divorce is one piece of what we do, many of our clients come to us without a divorce in sight. They need help with a specific family law issue, and they need it done right.
Here are the core family law matters we handle for Fort Worth and Tarrant County families:
- Child custody and conservatorship
- Child support — establishment, enforcement, and modification
- Spousal maintenance and alimony
- Adoption — including stepparent, relative, and private adoptions
- Paternity — establishment and disputes
- Protective orders and family violence matters
- Grandparent and third-party rights
- Parental relocation disputes
- Termination of parental rights
- Prenuptial and postnuptial agreements
Child Custody and Conservatorship in Fort Worth
Texas doesn’t use the term “custody” the way most people think of it. Instead, Texas law refers to conservatorship — who has the legal right to make decisions for the child and who the child lives with most of the time.
There are two types of conservatorship in Texas:
Joint Managing Conservatorship (JMC) is the default. Both parents share the right to make major decisions about the child’s education, medical care, and religious upbringing. One parent typically has the right to designate the child’s primary residence — meaning the child lives with them the majority of the time — while the other parent has a standard or expanded possession schedule.
Sole Managing Conservatorship (SMC) gives one parent exclusive decision-making authority. Courts order this when there is a history of family violence, child abuse, neglect, or a significant impairment in one parent’s ability to parent safely and effectively.
When parents can’t agree on a parenting plan, a Tarrant County judge decides based on the best interest of the child standard under Texas Family Code Section 153.002. The court evaluates factors including each parent’s ability to meet the child’s physical and emotional needs, any history of family violence or substance abuse, the child’s relationship with each parent, stability of each home environment, and for older children, the child’s own preferences.
Our attorneys know Tarrant County family judges. We know their tendencies, what they find persuasive, and how to present your case in a way that resonates in that specific courtroom. That local knowledge is not something you can buy from a firm that parachutes in from another county.
Child Support: Establishment, Enforcement, and Modification
Child support in Texas is calculated using a statutory formula tied to the paying parent’s net monthly resources. The guidelines under Texas Family Code Chapter 154 set the following baseline percentages of net resources:
- 1 child: 20%
- 2 children: 25%
- 3 children: 30%
- 4 children: 35%
- 5 or more children: 40%
Courts can deviate from guidelines based on a child’s special needs, the parents’ relative incomes, the amount of time each parent spends with the child, and other factors. High-income cases — where the paying parent earns above the statutory cap — require particularly careful advocacy because the formula doesn’t automatically account for everything at stake.
Modifying child support is possible when there has been a material and substantial change in circumstances, or when three years have passed since the last order and the current amount differs by at least 20% or $100 from what the guidelines would produce today. Common triggers for modification include a significant income change for either parent, the child developing new medical needs, or a change in the child’s living arrangements.
Enforcing child support when a parent isn’t paying is equally important. Texas has serious enforcement tools available, including wage garnishment, license suspension, and contempt of court — which can result in jail time. We represent both parents seeking to enforce unpaid support and parents facing enforcement actions they believe are unfair.
Spousal Maintenance in Texas: What You Need to Know
Texas is one of the most restrictive states when it comes to court-ordered spousal support. Unlike many other states, Texas doesn’t award maintenance simply because one spouse earned significantly more than the other. To receive spousal maintenance under Texas Family Code Chapter 8, a spouse must meet specific eligibility requirements:
- The marriage lasted 10 years or longer and the requesting spouse cannot earn enough to meet their minimum reasonable needs
- The spouse seeking maintenance has a physical or mental disability that prevents self-support
- The spouse seeking support is the primary caretaker of a disabled child requiring substantial care
- The other spouse was convicted of or received deferred adjudication for family violence within two years before filing
Even when maintenance is appropriate, Texas caps the amount at $5,000 per month or 20% of the paying spouse’s average gross monthly income, whichever is lower. Duration limits also apply based on the length of the marriage.
Whether you’re seeking maintenance or contesting it, we’ll give you an honest assessment of what Texas law actually allows — not what you’ve heard from a friend or read online. Spousal maintenance disputes require careful analysis of income, earning capacity, and the specific facts of the marriage.
Adoption in Fort Worth: Building Your Family Through Law
Adoption is one of the most joyful things our team gets to help families accomplish. It is also one of the most legally complex. A misstep in the adoption process can delay or derail what should be a moment of celebration. Our attorneys guide families through every type of adoption handled in Texas courts:
Stepparent adoption is the most common. If your spouse has a child from a prior relationship and you’ve been functioning as that child’s parent, stepparent adoption formalizes that relationship legally. This typically requires either the consent of the biological parent or termination of their parental rights if they’ve abandoned or failed to support the child.
Relative adoption allows grandparents, aunts, uncles, or other family members to legally adopt a child in their care. These cases often arise when parents are unable or unwilling to care for their child, and a family member has stepped in.
Private or independent adoption occurs when birth parents voluntarily place a child with an adoptive family without going through an agency. These cases require careful legal documentation and strict compliance with Texas consent and revocation timelines.
Adult adoption is also available in Texas for individuals who wish to legally formalize a parent-child bond that already exists emotionally and practically.
In every adoption, our goal is to move the process efficiently while protecting the legal integrity of the outcome. An adoption done right is permanent. One done sloppily can be challenged.
Paternity: Rights, Responsibilities, and Disputes
In Texas, a child born outside of marriage has no legal father until paternity is established. That matters for both parents. Without established paternity, a father has no legal right to custody or visitation — and a mother cannot obtain a court-ordered child support obligation from the biological father.
Paternity can be established in two ways. The simplest is an Acknowledgment of Paternity (AOP) — a voluntary form both parents sign, often at the hospital. The more formal route is a Suit to Establish Paternity filed in court, which may involve DNA testing.
Paternity disputes arise in both directions. Fathers who want to be in their child’s life may need to establish paternity against a reluctant mother. Conversely, men who have been listed on a birth certificate or named in a child support order may need to challenge paternity when DNA evidence suggests they are not the biological father. Texas law provides legal avenues for both situations, but timing and procedure matter — particularly when challenging an existing order.
Protective Orders and Family Violence in Tarrant County
Protective orders exist to keep people safe. If you are a victim of family violence, sexual assault, stalking, or trafficking by a family or household member, Texas law allows courts to issue orders that prohibit contact, remove an abuser from a shared residence, and grant temporary custody of children.
There are three types of protective orders in Texas:
Emergency Protective Orders (EPOs) are issued by a judge or magistrate — often the same night as an arrest for family violence — and last between 31 and 91 days.
Temporary Ex Parte Protective Orders are issued without the other party present when there is clear and present danger of family violence. They last up to 20 days.
Final Protective Orders are issued after a full hearing and can last up to two years, or longer in cases involving serious bodily injury or repeat violations.
Our firm has a distinct advantage in protective order matters because of our criminal defense background. We understand both sides of these cases — representing victims who need protection and individuals who have been falsely accused and need aggressive defense against a protective order that could cost them their home, their children, and their professional licenses.
Modifying Existing Orders: When Life Changes, Your Order Should Too
Family circumstances don’t stay static. A custody arrangement that worked when your children were young may no longer serve them as teenagers. A child support order based on last year’s income may be wildly unfair today. Texas courts can modify existing orders when there has been a material and substantial change in circumstances affecting the parties or the child since the order was entered.
Common reasons families seek modifications include:
- A significant change in either parent’s income or employment
- One parent relocating or seeking to relocate with the children
- Evidence of a parent’s substance abuse, new relationship, or changed living situation
- A child’s changing needs — academically, medically, or emotionally
- An older child expressing a strong preference for a different living arrangement
- A parent consistently violating the existing order
Modification cases can be just as contested as original proceedings. The burden is on the party seeking the change to demonstrate why modification serves the child’s best interest. We build modification cases with the same preparation we bring to initial custody trials.
Grandparent Rights and Third-Party Custody in Texas
Texas law presumes that fit parents act in their children’s best interests, which means courts start with a strong bias toward parental decision-making over grandparent preferences. But grandparent and third-party rights do exist in limited circumstances under Texas Family Code Section 153.433.
A grandparent may petition for court-ordered visitation if at least one biological parent still has parental rights, the grandparent’s access has been denied or significantly restricted, and denial of access would significantly impair the child’s physical health or emotional well-being. The bar is deliberately high, but it is not impossible to meet.
In more extreme situations — such as when both parents are incapacitated, incarcerated, or unfit — grandparents and other relatives may seek managing conservatorship or even adoption. We handle both sides of these disputes, representing grandparents fighting for access and parents whose parenting decisions are being challenged.
Prenuptial and Postnuptial Agreements in Texas
A prenuptial agreement is not a pessimistic document. It’s a practical one. For business owners, professionals with significant assets, individuals with children from prior relationships, or anyone entering a second marriage, a well-drafted prenuptial agreement provides clarity and protection that benefits both parties.
Under the Texas Family Code Chapter 4 and the Texas Uniform Premarital Agreement Act, couples can contractually agree on issues including the classification of property brought into the marriage, how property acquired during the marriage will be treated, spousal maintenance rights, and how assets will be divided in the event of death or divorce.
Postnuptial agreements serve a similar function but are executed after the wedding. They can address property that has already been acquired during the marriage and are particularly useful when circumstances change significantly — a new business, an inheritance, or a blended family situation that wasn’t anticipated at the time of marriage.
For prenuptial and postnuptial agreements to be enforceable in Texas, they must be in writing, voluntarily signed by both parties, and supported by full disclosure. We draft these agreements with precision and advise clients on both negotiating and reviewing proposed agreements.
Parental Relocation: When One Parent Wants to Move
Few family law issues ignite conflict faster than one parent wanting to move away with the children. Under most Texas custody orders, the child’s primary residence is restricted to a geographic area — often a single county or adjacent counties. If a parent wants to move outside that area, they must either get the other parent’s agreement or seek a modification of the court order.
Courts evaluate relocation requests by weighing the reasons for the move against the impact on the child’s relationship with the remaining parent. A legitimate career opportunity that genuinely improves the family’s quality of life may be granted. A relocation designed to interfere with the other parent’s access will not be.
If you’re seeking to relocate or fighting to prevent a relocation, early legal action is critical. Courts look unfavorably on parents who move first and ask permission later.
Why Hire a Fort Worth Family Lawyer from Varghese Summersett
Our family law team is built differently. We come from a firm with over 100 years of combined courtroom experience and 600+ jury trials across criminal, civil, and family matters. That trial background shapes how we approach every family law case, not because every case goes to trial, but because opposing counsel and opposing parties negotiate very differently when they know we’re prepared to win in court.
What that means for your family law case:
We prepare from day one as if the case is headed to trial. That preparation is what forces favorable settlements. We bring a forensic mindset to financial issues in child support and spousal maintenance disputes, working with experts when necessary to uncover the true financial picture. Our criminal defense background gives us a unique edge in cases involving allegations of family violence, substance abuse, or criminal conduct. We know how to challenge those allegations and how to document them when they’re true. We know Tarrant County judges. Not just their names — their tendencies, preferences, and track records on specific issues.
Frequently Asked Questions About Fort Worth Family Law
Can I modify a custody order without going back to court?
Only if both parents agree. If both parents consent to a change and formalize it in a written agreement, it can be submitted to the court for approval as an agreed modification order. Informal agreements between parents — even if followed for years — are not enforceable unless a court approves them.
How long does it take to finalize an adoption in Texas?
Stepparent adoptions involving consent from the biological parent typically take three to six months. Contested adoptions involving termination of parental rights take considerably longer. Independent adoptions vary based on timing of consent and court scheduling.
What if my child’s other parent won’t follow the custody order?
Violations of a court order can be enforced through a motion for enforcement filed with the court that issued the original order. In serious or repeated cases, the violating parent can be held in contempt — resulting in fines or jail time. Consistent violations can also support a modification of the underlying order.
Does Texas require DNA testing to establish paternity?
Not always. If both parents voluntarily sign an Acknowledgment of Paternity, DNA testing is not required. However, if paternity is disputed, either party can request a court-ordered DNA test.
Can I get a protective order if we were never married?
Yes. Texas protective orders are available to household members and dating partners, not just spouses. If you have a child in common with the other person, were in a dating relationship, or have lived together, you may qualify for protection under Texas law.
What is the difference between legal separation and divorce in Texas?
Texas does not recognize legal separation. You are either married or you are not. However, Texas courts can enter “temporary orders” during a pending family law case that establish separate living arrangements, divide use of property, and address custody and support while a case is pending. Some families use a “partition and exchange agreement” to formally divide property while remaining legally married, but this is relatively uncommon.
Talk to a Fort Worth Family Law Attorney Today
Family law matters move fast, and delay almost always costs you. Whether you’re establishing paternity, fighting for custody, navigating an adoption, or dealing with a parent who has stopped paying child support, you need an attorney who knows what to do and is prepared to fight.
Varghese Summersett’s family law team has earned a Best Law Firms Tier 1 ranking for family law in the Dallas-Fort Worth region and has been voted Gold Winner for Best Divorce Lawyer and Best Family Law Firm in the Fort Worth Star-Telegram’s DFW Favorites. Our attorneys consistently appear on Fort Worth Magazine’s Top Attorneys list for family law.
Awards are nice. Results are what matter. Call us and find out what we can actually do for your case.
Call (817) 203-2220 for a confidential consultation. We’ll explain your options and help you take the right next step.
