Areas of Practice
Roland's primary practice has been in the fields of personal injury and family law, but he enjoys contested trials of any sort.
Roland Darby primarily represents Plaintiffs in cases involving serious injuries sustained in a work environment, automobile collisions, product liability cases, premise liability incidents, train collisions, large truck collisions, and civil rights violations. Over the years he has represented both patients and physicians in medical malpractice cases.
Roland Darby has represented many individuals who have been confronted with the diverse and difficult problems inherent in family law. The most difficult problems which individuals may face involve the dissolution of a marriage, the issues involving minor children, the division of complex and extensive personal finances, guardianship of adults and minors, and all other related matters.
Cases involving a variety of contested matters have been litigated by Roland Darby. These include such diverse subject matters as employment law, real estate, collection, police brutality, social security benefits, will contests, consumer law, insurance law, commission disputes, and business interests of all kinds.
In a divorce proceeding in Texas where minor children of the parties are involved, the parent with whom the child does not primarily reside will be required to pay reasonable child support. The guideline for child support is for one child, 20% of the obligor's net resources: a percent that increases if more than one child is involved. Generally, the child support is paid by means of a "wage withholding order." This means that the support is withheld by the obligor’s employer from the pay of the obligor and sent directly to the child support office for disbursement to the obligee. The standard decree provides generally that the parents will share the expenses of "uninsured medical costs," medical cost not covered by insurance, on a 50/50 basis.
The dissolution of a marriage is a traumatic and emotional experience to all parties. Texas has adopted a "no fault" concept of divorce. The usual language and grounds are that "the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation." Though other grounds exist, it is often not necessary to plead issues such as abandonment, cruelty, etc. Many divorce matters may be resolved by agreement of the parties, which, while reducing the emotional and traumatic issues, does not remove the legal complexities.
Texas courts will generally resolve the issue of custody of the children of a marriage wherein the parties are appointed "Joint Managing Conservators" with each party essentially sharing in the rights to the child equally. The "Joint Managing Conservatorship" can be expanded or limited to provide one parent as a "Joint Managing Conservator" with more or less rights to the child.