Focused exclusively on Family Law Cases in Dallas and all of North Texas.

If you have a Family Law Matter in Texas, call now for an appointment at 866-697-7132.

At Jim Byrne, Jr., P.C., we know that the legal process can be intimidating especially when your legal problem involves litigation. We alleviate your concerns by keeping you well-informed every step of the way and by providing the highest quality legal service at an affordable price.

In all cases, where children are involved we make every effort to assure the children’s security, stability and parental relationships. If a divorce or custody battle is adversarial, we work hard to protect the rights of your children and your interests.

We handle large-scale, complex property as well as simple divorces.  The $100.00 initial consultation fee will be applied to your retainer if your case is accepted.

We have successfully represented thousands of clients in every area of family law for over 30 years.

We are ready to bring this extensive experience and success to our representation of you in the following areas:

• Divorce
• Child Custody
• Paternity
• Modification of Decrees/Orders
• Adoption
• Enforcement of Decrees/Orders
• Restraining Orders
• Wills/Probate
• Name Change Adult/Minor
• Protective Orders, Prosecution/Defense

We are a people- and client-oriented law firm that is quickly responsive to our clients' questions and needs. We will vigorously protect your legal rights and continuously pursue the best possible outcome for your case.

We accept cases in the following counties:

• Dallas
• Collin
• Denton
• Rockwall
• Grayson
• Ellis
• Hunt

As an experienced Dallas, Texas Family Law Attorney, I serve a diverse array of clients who depend on my skill, reputation and steady hand to protect their rights and guide them through often heart-wrenching legal issues. I represent both men and women on either side of the issues of divorce, spousal maintenance (alimony), child custody and other family law issues.

With many years of legal practice and a sound reputation in the legal community, I provide clients with the guidance they need to navigate through the complex aspects of divorce, child custody and other domestic relations cases in Texas.

What to Expect at Your First Consultation:
At your initial consultation, we'll sit down together and discuss the issues most important to you concerning a potential divorce, an ongoing divorce case, a child custody issue, financial disputes in your divorce case or other family law matters. As a skilled Dallas, Texas Family Law Attorney, I will provide you with choices, possible alternatives and solutions to your problem along with your chances of success given any particular course of action you should choose.

If you or a loved one is involved in a divorce or child custody case and needs the help of an experienced Dallas, Texas Family Law Attorney, call Jim Byrne, Jr. today at 866-697-7132, or complete the contact form provided on this site to schedule your initial consultation.

Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage.  Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided.  Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings.  However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate.  If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse.  Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married.  This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage.  Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.

A factor that cannot be stipulated in a prenuptial agreement is child support.  A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support.  Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation.

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare.  Custody usually refers to a combination of physical custody and legal custody.  Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children.  If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts.  When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself.  When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent.  Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to.  The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move.  This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child.

These so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years.  While the best interests of the child have always been central to the decision, the uncertainty has made this area murky.  Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments.  Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge.  Child support is usually determined by state-sanctioned guidelines.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Adoption:
Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family.  Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support and other legal matters.  In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed and the court orders the issuance of a new, amended birth certificate. 

If you or a loved one is involved in a divorce or child custody case and needs the help of an experienced Dallas, Texas Family Law Attorney, call Jim Byrne, Jr. today at 866-697-7132, or complete the contact form provided on this site to schedule your initial consultation.

Professional Profile

I work hard for my clients and I make every attempt to explain their legal options so that they can make informed decisions about their legal situation.

If you or a loved one is involved in a divorce or child custody case and needs the help of an experienced Dallas, Texas Family Law Attorney, call Jim Byrne, Jr. today at 866-697-7132, or complete the contact form provided on this site to schedule your initial consultation.

FIRM ADDRESS:
Jim Byrne, Jr., P.C.
2201 North Central Expressway, Suite 181
Richardson, TX 75080
Phone: 866-697-7132
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:
Jim Byrne, Jr.

EDUCATION:
J.D., SMU School of Law, 1973
B.A., Texas Tech University, 1970

COURTS ADMITTED TO:

All Texas State Courts
Texas Northern Bankruptcy Court
Texas Northern District Federal Court

JURISDICTIONS LICENSED IN:
Texas

PROFESSIONAL MEMBERSHIPS:
State Bar of Texas
Dallas Bar Association

COMMUNITY INVOLVEMENT:
Richardson YMCA - Board of Directors 1986 - Present
Assistance League of Dallas - Women's Service Organization
Exchange Club of East Dallas - Service Organization - Past President