Normally grandparents play a unique role in many families that helps in keeping the family together. This includes acting as a nanny for their grandkids when their parents are away at work or other engagements. But sometimes they have to...
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In Hunt County Texas, on April of 2018 Sheriff Randy Meeks and his department arrested 16 parents who violated court orders requiring them to pay child support. Attorney General, Ken Paxton, commended the Sheriff and his team for holding accountable...
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HoustonDivorceLawyerForMen.com article 2 of 3 on domestic violence prevention. Escaping Domestic Violence It doesn’t matter what race, financial status, sex or religion you fall into, you can still become a victim of domestic violence. The Texas Council on Family Violence (TCFV) released a report that showed that about 150 women were killed by domestic violence in 2016. They were murdered by intimate partners, ex-husbands, ex-boyfriends, or husbands. The state of Texas recognizes three types of domestic violence. They include aggravated assault, domestic assault and continuous violence against the family. Violence can only be considered domestic violence if it includes violence against: The offender’s family member by adoption, marriage or by blood A former or current spouse A person with whom the accused has a child or children A foster child or the foster parent of the offender A person living with the offender A person the offender is dating or has date or has an ongoing romantic relationship with An Aggravated bodily assault involves an offender intentionally, knowingly and recklessly causing physical injury to someone else. The offender can do this using a weapon to injure the victim or threaten the victim. Abuse can be Verbal and Emotional Physical violence is often easy to detect because the signs are often explicit. For example, a black eye or broken limbs can be evidence of physical abuse. Emotional and verbal abuse can be hard to detect by outsiders but this form of abuse is just as devastating as physical violence. The emotional abuser uses words and actions to gain control of their victim. Signs of emotional abuse include: Throwing, breaking or hitting objects to intimidate Belittling, putting down and mocking the victim to make them feel worthless and dumb Threatening to hurt the children or destroy personal property Controlling the victim’s access to transportation and limiting their access to friends, money, and communication. How Domestic Violence affects children Children experience the effects of domestic violence throughout their lives. For instance, according to Safe Horizon, boys that grow in violent households are likely to become abusers themselves. Girls on the other hand are likely to become victims of abuse in their adult relationships. One way to prevent this is by removing children from such situations as soon as possible and to obtain custody order that protects them from their abusers. How to escape domestic violence You could escape such violent unions through divorce but that could also turn into a nightmare if the abusive partner is unwilling to let go. This may lead to feelings of entrapment but with the help of a resourceful lawyer and relevant agencies, you can find your way out of that miserable existence. Make sure you report any physical injuries and attacks to the relevant authorities. You can also store emergency cash, documents, clothing and other items at a friend’s or family member’s place. Memorizing phone numbers of abuse shelters, police stations and family members is very important because you may need them in emergencies. Your lawyer can...
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The Collaborative Law Divorce in Texas Divorcing couples seeking to avoid the contentious nature of traditional divorce litigation turn to collaborative law divorce as an alternative. Traditional divorce litigation takes a long time and can be very expensive. But the less stressful collaborative divorce process is quicker and allows the couple to create a customized divorce at a lower cost. Through a collaborative divorce process a couple can negotiate how best to protect their families and preserve their assets and resources. They do not have to endure the stress associated with court hearings. This makes it more likely for a better outcome from the collaborative negotiations. How it works Both you and your spouse are allowed to have your own personal lawyers in collaborative law. You should focus on getting an attorney that is well trained in the collaborative divorce process. This allows for negotiations that are not adversarial. Before the negotiations begin, both parties are expected to sign an agreement that states both of them will work collaboratively to resolve all issues and reach an agreement. But in case the parties fail to reach an agreement, the couple can go to trial with new attorneys. This means that it is in the interest of the lawyers working with the couple in the collaborative divorce process to settle the case and not go to trial. The couple also knows that not reaching an agreement means having to pick new attorneys and educating them about their case. It is almost like starting the divorce process from scratch if they end up going to trial. That is why attorneys involved in the collaborative process ensure that couples are able to negotiate in a safe and nonstressful environment. They get to negotiate with the help of their attorneys, and sometimes experts are brought in to try and help the couple reach an amicable resolution using a highly structured process. The parties are also expected to complete a sworn inventory under oath. They have to disclose all their assets on that inventory. Collaborative law process is confidential In the collaborative divorce process, each party gets to have confidential conversations with their attorney just like in traditional divorce. You can have a conversation with your attorney about how best to accomplish your goals in the case. But unlike traditional divorce, in the collaborative divorce process you get to reach your goals without destroying your relationship with your spouse. These relationships should be maintained because obligations continue after divorce especially when there are children involved. A contentious process puts the children at risk and parents may lose respect for each other. A collaborative divorce process helps protect the children and even the extended families. The professionals in collaborative law manage this confidential process in an office instead of a court setting. Couples are free to schedule meetings with their collaborative team when all participants are best able to meet. This is not the case in a litigation process where the court hearing is scheduled without consideration...
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Spousal Support & The Cohabitation Rule in Texas This article is published by HoustonDivorceLawyerForMen.com Spousal maintenance or alimony can only be provided after conditions specified in the Texas Family Code have been met. Texas courts require that one spouse offer financial support to the other spouse after a divorce. But the recipient must qualify for the post-marital financial support. Termination of spousal support may happen if the spouse that was receiving the support dies or gets remarried. Financial support may also be terminated if the recipient shares a home with an intimate partner. What counts as cohabitation? According to Texas law, cohabitation involves two people who are romantically involved with one another living together on a regular basis. But what exactly is “regular basis”? What counts as “living together”? This means that the cohabitations rule is open for interpretation and that comes with a number of complications. For instance, spousal maintenance can be terminated even if an ex does not stay in the intimate partner’s home full-time. There is no specification about the frequency of “house-sharing” that may lead to a termination. TRENDING TOPICS Bigamy in Texas – Polygamy Laws Am I eligible for Alimony in Texas? How can I get my retro-active child support payments? Where is the proof? The idea of not having to pay any more spousal support may be attractive, but to get there the paying spouse has to provide proof. However, the process of finding that proof could cost more than the spousal support payments the payer wants to avoid. Keep in mind that the payer may have to show that the recipient is in a “marriage-like” relationship. That includes proving their ex’s intimacy and commingled finances with the ex’s new partner. They may also have to provide bank statements, credit bills and even shared cell phone plan. Evidence may come in the form of photographs, surveillance video or witness testimony. The idea here is to demonstrate that the ex and the ex’s new partner are financially and socially interdependent. The payer will need to hire a private investigator to collect all the necessary information. Private investigators are not cheap because they need a lot of resources to collect evidence. For that reason, the payer will need a lawyer to look at the situation and determine whether the legal effort is worth it. You may not need to take the issue back to court if the duration of the maintenance is not that long or does not cause economic strain on you. The duration and the amount of spousal support are determined by: Age and health of each spouse The earning potential of each spouse and their job history Education and employment of each spouse Ability of each spouse to survive independently Does cohabitation end spousal support? If the divorced parties agreed on spousal support through a Mediated Settlement Agreement, cohabiting may not affect alimony. The family code provision does not apply to contractual agreements between the divorcing parties. It is up to the divorcing...
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You can find out about the 247th Family Court (Harris County, Texas) by scrolling through the information below. Local Rules Here
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Stepparent Adoption Texas, by HoustonDivorceLawyerForMen.com Generally adoption is an opportunity for a child to get into a loving family and a chance for adoptive parents to experience the joy of parenting. In situations where a parent is deceased, facing a divorce, or is absent, legal stepparent adoption can help bring families together. But a stepparent still has to go through a frustrating and complicated process to conclude an adoption. An experienced family law attorney familiar with stepparent adoption process can assist you. You will need an attorney that communicates clearly and helps ensure that the adoption process runs smoothly. See also…Houston Adoption Attorney What is stepparent adoption? In a stepparent adoption, you (the step-parent) petition a court to obtain the legal parental rights to the children or child of the person you are married to. But to do this, you have to be an adult and the parent of the children (your spouse) has to join you as a petitioner in the case. The child or children you want to adopt must be in the custody of your spouse. A step-parent may choose to adopt a step-child if the child’s other parent died, is absent or is simply not interested in raising the child. One difference that step-parent adoption has compared to other types of adoptions is that the stepparent has generally lived with the child. Step-parent adoption is necessary for establishing a legal relationship. The legal relationship allows for things such as: The child being able to inherit from the step-parent The adoptive parent can change the child’s name The child becomes the legal child of the step-parent The parent-child relationship that existed between the child and the other parent is terminated The stepparent adoption process Your qualified adoption attorney will help you through the following process: Filing You can file the petition to adopt with the either the local District court or Statutory county court with jurisdiction over family law cases. These courts should be in the county where the child lives or where the petitioners (adults filing the case) live. Parental Rights termination The adoption attorney will work to obtain a termination of parental rights from the absent parent. The absent parent that is alive will be asked to sign an agreement to terminate their parental rights. The case moves to court if the other parent refuses to sign an agreement to terminate. The court will then decide if it in the best interest of the child to allow termination of parental rights of the other parent. Social study Once the court determines that the adoption is in the best interest of the child, a social study of the prospective family will be conducted. Non-biased attorney After the social study, an Amicus attorney is appointed by the court to make observations, carry out interviews and other actions. The Amicus attorney does this to study if the situation is the best for the child and the family. The attorney’s opinions together with the social study results are then...
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How to Adopt a Child in Texas, by HoustonDivorceLawyerForMen.com Not everyone is blessed with children and sometimes adoption, or adopting a baby in Texas, is the only option to experience being a parent. The adoption process in Texas involves licensing. Adoption Requirements in Texas You may need to consult with a Houston Adoption Lawyer, or Texas Adoption Attorney to fully understand the adoption process. The licensing requirements for adoptions include: You must be at least 21 years, mature adult, financially stable and responsible You need to complete an application Agree to a home study that includes visits to the household members and inspection of all the parts of your home, grounds and outbuildings You will be required to provide relative and non-relative references They will ask you to share information about your lifestyle and background You can adopt if you are single, widowed, married or divorced. But you will need to show proof of marriage if you are married and proof of divorce if you are divorced. Widows will need to provide proof of their spouse’s death Staff will conduct background checks on you to see your criminal history. They will also conduct a neglect/ abuse check on all adults (people age 14 and older) who live or visit your household regularly. You will have to attend free training to learn about neglected and abused children. Training helps you decide whether adoption or foster care is best for your family. Understanding adoption Some people think that adoption is similar to conservatorship or gaining custody of a child. But the truth is that conservator rights are different from parental rights because they only include the rights that a judge lists in the court order. Adopted children have greater, automatic inheritance rights because through adoption they become the legal child of the adoptive parents. If the adoptive parent dies without a will, the adopted child automatically inherits the same as natural born children. This includes inheriting the inheritance that other people left for the child’s adoptive parents. Who can be adopted and when? Any person can be adopted but children 12 years and older need to give consent before they are adopted. The child should be at least two years old to be adopted and they can only be adopted after living with the petitioner for six months. However, this requirement can be waived if the court finds that it is in the best interest of the child. What you can expect from adoption process? You need to be prepared for the several studies and reports that are required in adoption cases. These studies and reports are to help the court decide whether giving you parental rights is in the best interests of the child. You may also receive reports that will guide how to properly care for the child you adopted. These reports and studies contain: The interviews of the child and the adoptive parents Information about the adoptive child’s relationship with the adoptive parents The child’s behavior in different home...
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Texas Custodial Parents The common meaning of the term “conservator” is an individual appointed by a court to oversee the preservation of the property of an incapacitated person. But in Texas, a custodial parent is referred to as a conservator while custody arrangements for divorced or separated parents are called conservatorships. Instead of visitation rights, Texas non-custodial parents maintain the rights for child access and possession. Texas Child Custody Agreements Texas conservatorship rules are similar to other states’ child custody agreements, decisions and orders. But the terminology used is different from those of other states because traditional terminology was abandoned after the Texas Family Code was codified. Parents are allowed by the court to design a custody plan but a court has to approve it. The parents can go to trial if they cannot resolve their conservatorship disputes. Remember the court requires a written agreement that reflects the best interests of the child. The two types of conservatorship in Texas are the joint managing conservatorship and sole managing conservatorship. Joint Conservatorship Texas Joint conservatorship is an arrangement that every divorced or separated couple has to abide to. That means that a court may appoint you and your ex as joint managing conservators even if both of you do not approve. This is done by the court in the best interest of the child. The court will consider the following factors before ordering a joint conservatorship: Whether the child’s, psychological, emotional and physical needs benefit from the appointment of joint managing conservators The parent’s willingness to prioritize the best interests of the child The willingness of each parent to encourage and accept a positive relationship between the other parent and the child The location or the geographical proximity of the parties. The court can decide where the child’s primary residence should be or grant one joint managing conservator the right to establish the child’s primary residency. The court considers the preference of children over the age of 12. But this does not in any way dilute the court’s commitment to the best interest of the child irrespective of age. However, this does not mean that the court will award equal physical possession to both parents. Just like in other states, the court will appoint one parent as the primary managing conservator. This is the parent that the child will live with and is responsible for everyday care of the child. See also Texas Alimony Child Support Attorney In other states, the primary managing conservator is known as the “custodial parent”. The noncustodial parent is referred to as the “possessory conservator” in Texas. Both parents have the right to make important decisions affecting the child. These decisions include things such as selecting doctors, place of residence, religious instruction, permission for treatment of medical and mental conditions and education. Sole managing conservatorship is only considered when there is family violence or substance abuse or one parent has a history of crime. Any characteristic that could interfere with co-parenting like mental illness could also...
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Any mention of bigamy at a gathering can easily spark a heated debate anywhere in Texas. The Texas family code makes it clear that an individual can only have one spouse. You cannot marry another person when you are still married to someone. But some people still choose to migrate around Texas and enter into common law marriages although they are formally married elsewhere. Sometimes someone may unintentionally marry someone else believing that their previous marriage ended but find out later that it still exists. An experienced divorce Texas lawyer can help such a person start a comprehensive divorce process to end their previous marriage. Texas Family Code The Texas Family Code only permits you to get into one marriage and any marriage after that it considers void by law. You must first dissolve your first valid marriage before you get into a subsequent marriage. The second marriage becomes valid if it becomes active after the first marriage is dissolved. You may only get into a third marriage if the second valid marriage has been dissolved according to the law. In other words, the third marriage is the valid marriage because it is the only active marriage. If you remarry without dissolving the third marriage, then the subsequent or fourth marriage is void. A second marriage can also become valid if the first marriage ends due to death. Marriage Declared Void When the court declares your marriage void, you or your spouse will not have the right to make significant health decisions and get death benefits. You may also not be named as a beneficiary of a retirement plan or a life insurance policy. Think about not being able to enjoy spousal privileges such as tax benefits and other employment benefit plans. With your spouse’s previous marriage still in existence, everything that your would-be spouse earns is community property of that previous marriage. That puts your savings, your home and other property you own at risk. In such a situation, you may have the ability to receive compensation for marriage damages due to the marriage. A spouse that legitimately believes that a marriage existed is called a putative spouse. The putative spouse can recover a portion of the would-be-community property in a similar way to a divorce. But you can only recover for the time between the start of the void marriage to the time you discovered the existence of the previous marriage. After that ,you may still take legal action to have the court declare the marriage void in accordance with the law, to protect your property and avoid future obstacles. Bigamy & Child Support Child support is the first thing you need to think about once you realize your marriage is void. That is if you have children with the would-be spouse of your void marriage. Filing a suit affecting the parent-child relationship (SAPRC) will allow the court assign child support and clearly define the relationships with the children. In these kinds of situations you need a divorce...
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ABOUT USThe Houston Divorce Attorney helps clients in Texas who have decided to file for divorce. If you'd like to speak to an attorney, give us a call at (832) 410-8935. We can help you decide on your best legal options for ending your marriage peacefully and efficiently. Our law firm has experienced just about any kind of Texas divorce there is and we would be glad to help you through this troubling time. ArchivesNo Archives Categories |