Dallas, Texas Family Law, Divorce and Estate Planning Attorney

Paula Lock Smyth

The Cochran Building 5838 Live Oak Street Dallas, Texas 75214 USA

 (214) 420-1800
 (214) 420-1801

www.dallasfamilylawattorney.com
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Law Firm Overview

Paula Lock Smyth Law Offices, is a client-centered family law firm where close partnership between lawyer and client is our first goal. Attorney Paula Lock practices law with each client's specific needs in mind. Licensed to practice law for more than 20 years, she believes in a hands-on approach to family law. The client's point of view, legal rights and best interests are the foundation and starting point of every family law case handled by Paula Lock Smyth Law Offices Attorney Paula Lock brings a wealth of litigation experience to her family law practice.

Attorney Paula Lock has extensive federal and state court trial experience, including jury trials decided in her clients' favor, which demonstrates her ability to handle challenging cases. She has represented clients in cases involving complex and emotional factors such as substance abuse, domestic violence, division of government pensions and military spouses. Paula Lock Smyth has been trained as a neutral mediator and facilitator of negotiated settlements in all civil cases by the American Academy of Attorney-Mediators, and has had extensive training in collaborative law.

Schedule a consultation with a caring, knowledgeable family law attorney regarding a child custody dispute, whether parents are married or not; modification of a divorce decree to take into account parental relocation or significant changes in income or employability; enforcement of child support; guardian ad litem cases; step-parent adoption; questions about fathers' rights or grandparents' rights; or visitation schedules for noncustodial parents.

Practice Areas

Practice Areas Description

- Family Law / Divorce

Aside from the financial aspects of a no-fault divorce (property division, child support, and alimony), and the practical issues of child custody and visitation, it is important to remember the emotional challenges involved in a marital breakup. However troubled a marriage has been, a marital bond is usually a powerful force in each spouse's life, and the breaking of that bond can be distressing and disorienting. Attorney Paula Lock recommends that clients preparing to go through a divorce obtain counseling of some type to help them sort out related personal issues that can distract from the legal decisions ahead. An important task in the divorce process is to inventory all community property: everything that was accumulated during the marriage except gifts and inheritances. Pensions, IRAs, 401Ks and stock options, vested or unvested, are included as marital property, along with houses, cars, boats, and bank accounts.

- Premarital and Postmarital Agreements

Prenuptial and postnuptial agreements were once thought of as controversial. Today, however, more and more couples are realizing the importance of protecting their separate interests in the event of divorce. A prenuptial or postnuptial agreement can address any number of topics, including: property division, spousal support / alimony and stepparent responsibilities. If you are getting a prenuptial agreement, do not wait until the last minute. If you wait too long and force the idea on your future spouse, he or she could later claim fraud and duress, which could invalidate the agreement. We recommend planning a premarital agreement at a minimum two months before the date of marriage. Some couples choose to enter into a postmarital (postnuptial) agreement instead of getting a divorce. A postnuptial agreement can address the topics of property division, spousal support, ownership of real estate, and inheritance rights, etc.

- Child Relocation

In child custody cases, it is the goal of Texas courts to ensure that children have frequent and regular contact with each parent. This often involves imposing a residency restriction, which restricts a parent from moving with a child outside of the county in which the case is filed or contiguous (surrounding) counties. If you are a parent looking to relocate with your child, there has to be a compelling reason for the move in order for the courts to remove the residence restriction. The courts consider the following: the reason for the move: a new job, to be closer to family, etc; the benefits of the move for the child: educational opportunities, quality of life, etc; and the non-custodial parent's involvement in the life of the child. Paula Lock Smyth Law Offices, is thorough in presenting each child relocation case. The court's first priority is protecting the interests of the child, and attorney Lock explores all angles of the case to understand the impact on the child.

- Same-Sex Couple Child Custody

Same-sex child custody disputes can be especially complicated, when only one parent is biologically related to the child, by adoption or by birth. Custody disputes can also arise when same-sex couples already have legal rights established. A Court Order based upon a Joint Managing Conservatorship agreement legally establishes joint parental responsibilities. Many same-sex couples choose this option once one partner has adopted a child or one partner gives birth to a child that the couple intends to raise together. Then, if the couple's relationship ends, the non-biological parent will continue to have parental rights. This option is available in Texas whereas the ability for a same-sex couple to jointly adopt a child is not available at this time.

- Stepparent Adoption

In a stepparent adoption, the parental rights of the non-custodial parent must be terminated before the stepparent can seek rights. If the biological parent does not voluntary terminate his or her rights, we can request that the court do so. If and when those rights have been terminated, we assist the stepparent in the adoption proceedings. Some of the requirements of a stepparent adoption are: that the child has lived in the same residence with the stepparent for at least six months; and that the adoption is approved by a qualified social worker. In some stepparent adoption cases, a guardian ad litem or amicus attorney may be appointed to represent the interests of the child. This may occur if the court determines that a parent is unable to make decisions in the best interest of the child.

- Child Custody and Visitation

Parental rights are among the most fundamental human rights. Both the father and mother are expected to be responsible for their own children, and in most cases both parties deserve fair amounts of parenting time with their children. When parents are separated (even if unmarried) or divorced, family law usually serves to preserve and protect the parent-child bond for both parents. North Texas fathers and mothers are encouraged to contact Paula Lock Smyth Law Offices to schedule a consultation in the event of a separation or divorce to discuss the legal process for determining custody and visitation, including such provisions as: sole custody; joint custody; sole managing conservatorship; and possessory conservatorship.

- Modification and Enforcement

Modifications to child custody or conservatorship, visitation, child support or alimony provisions of divorce decrees may be called for when there has been a significant change in the postjudgment circumstances of one or both parents. Property division in a divorce decree, on the other hand, is not modifiable. Perhaps the terms of your child custody, child support or alimony decree accurately reflects your family's circumstances, but the responsible party been neglecting to pay. A family court judge can issue contempt of court declarations and even require jail time for the person who has violated court orders. Enforcement of child custody orders involving older children who are unwilling to spend time with one parent can be more complex.

- Child Support

Child support in Texas is primarily determined according to statutory formulas that focus on the income of the parent who will be paying child support. Child support payments are calculated as a percentage of that person's net monthly resources, including bonuses and commissions. Family lawyer Paula Lock will explain related subjects that are relevant to your family's situation, including: the best interests of the children; financial resources of the child; "extra" needs of children, including braces, summer camp, private school, nannies or support of interests such as music lessons and school sports; child custody; relocation of either parent; changes in income of a paying parent; postjudgment modification of child support orders; and enforcement of child support.

- Adoption

Adoption is normally a joyous occasion for parents and children who thereby form new "forever" families. It is also a formal procedure that must be properly handled to ensure a solid and irreversible legal relationship. Termination of the parental rights of any living biological parents is a vital part of the process. Contact an experienced family lawyer to discuss the steps involved in a step-parent adoption or an adoption by grandparents or other family members.

- Grandparents' Rights

Texas law contains provisions for grandparents to obtain custody of their grandchildren under certain circumstances. With full understanding of the 2001 U.S. Supreme Court case Troxel v. Granville, which affirmed the priority of parental rights over grandparents' rights, attorney Paula Lock of North Texas assists grandmothers and grandfathers who are seeking access to their grandchildren through visitation. Often, the solution to the desire of a grandparent to see his or her grandchild may be accomplished by creative arrangements and "outside-the-box" thinking. A discussion with a family lawyer is an important first step.

- Fathers' Rights

Although the Texas statutes that govern child custody and visitation do not discriminate on the basis of a parent's gender, in many conservative communities mothers are presumed to be more suitable custodial parents in the case of a divorce or separation. That presumption is often untrue and always unfair. North Texas fathers often turn to family law attorney Paula Lock for unbiased, experienced counsel and representation with full respect for the importance of a father's rights.

- Collaborative Law and Mediation

Collaborative law often involves "outside the box" thinking from spouses who wish to maintain as much control as possible over their property division and child custody agreement. Both husband and wife enter into a collaborative law process with their own lawyers. Experts such as financial consultants may be brought into collaborative sessions aimed at creating an equitable, workable and mutually acceptable division of marital assets and child custody. North Texas lawyer Paula Lock is often called upon to serve as a neutral mediator in court-ordered or voluntary mediation sessions. In other cases, she represents parties in mediation.

- Estate Planning / Wills / Probate

When you have lost a loved one, the probate process can be one more in a long line of difficulties. Probate courts resolve estates according to a deceased person's wishes (as expressed in a will) or state statute (when the person dies intestate, or without a will). The services of an experienced lawyer can help you understand the legal implications of probate. Paula Lock Smyth is an experienced family law attorney who also provides probate and estate planning services to North Texans. Marriage, divorce and adoption bring about changes in family structure that must be considered when writing or updating a will. Wills and trusts can be devised in ways that minimize future probate costs and delays. Attorney Paula Lock can help you plan for the future by designating a general durable power of attorney, a medical power of attorney or a health care directive (living will). Such documents make provisions for your healthcare decisions in the event of your incapacity.

Attorneys

Ms. Paula Lock Smyth Attorney Child Support and Custody, Divorce, Family Law

More Information on Paula Lock Smyth

Dallas, Texas Family Law and Divorce Attorney
Dallas, TX Premarital and Postmarital Agreements Lawyer
Child Custody Law Firm in Dallas, Texas
Stepparent Adoptions Attorney in Dallas, TX
Dallas, Texas Child Support Lawyer
Dallas, TX Collaborative Law and Mediation Law Firm
Same Sex Custody Attorney in Dallas, Texas
Estate Planning and Probate Lawyer in Dallas, TX
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