2008 Conference of the Int'l Alliance of Holistic Lawyers

The 2008 conference of IAHL (International Alliance of Holistic Lawyers) is going to be May 15 - 18, 2008 at the Retreat Center at St. John's in Plymouth, Michigan. To join AIHL go to our website at www.iahl.org and join. We are currently looking for Requests for Proposals for the conference for workshops, presentaitons and discussions. The RFPs are due by December 1, 2007. Presenters receive a discounted conference fee of approx. $200. Students cost approx. $150 Attendees cost approx. $250 if you belong to IAHL or $350 if you don't. Rooms are approximately $40 per night. I attended the 2006 and 2007 conferences and they were both wonderful. I returned from the conference energized and refreshed. Our keynote speaker is going to be WARD POWERS - the Director of the movie "ONE".

PLEASE vote for a NEW Family Law Courthouse

Please vote on November 5, 2007 FOR Proposition 5. . Proposition 5 is about building a new family law courthouse in Harris County. Please vote FOR this proposition. Harris County desperately needs a modern and larger family law courthouse. To learn more about the proposed Comprehensive Family Services Center please visit www.hcfamiliesfirst.org Thank you!

Adress to mail in child support payments

Make ALL payments through: Texas Child Support Disbursement Unit P O Box 659791 San Antonio, TX 78265-9791 Be sure to include your unique case number, the payee's name (the person who should receive the check) and the payor's name (you!). Be sure to keep proof that you made the payment. Keep the paperwork until your youngest child turns 23 years old. If the payment is misapplied, it is YOUR responsibility to have proof that you made the payment. If your employer withholds the money, be sure to keep all payroll stubs to prove that the money was taken out of your paycheck.

I want to modify my current court order

The very first thing you need to do is order a certified copy of the current court order. Any attorney that you talk to will need to read this document to understand what is currently ordered by the judge in your case. Even if you no longer live in that state or county, you need to have the document reviewed because it controls until it is modified. In Harris County you order a certified copy at the Harris County Civil Courthouse downtown. The cost is $1 per page. They do not accept checks. Most court records are open documents and anyone can order a copy. Usually only certain cases are not available to the public -- for example usually only adoption records are sealed.

What can happen if you don't pay your child support

If you are behind on your child support obligations many bad things can happen to you. Here are some of them:. 1. You can go to jail. 2. Your credit will reflect the debt & your credit rating will be ruined 3. Your bank account(s) can be "hit" by the Texas Attorney General. 4. Your tax refund will be "taken" 5. You will lose your driver's license 6. You will lose any professional license you have (attorney, doctor, electrician, etc.) 7. You will lose your passport 8. Your Social Security payments will be reduced when you begin receiving Social Security benefits. You cannot include child support in bankruptcy. It is a debt that never goes away. When you die your estate is liable for the debt. Please pay your child support on time!

A parent wants to terminate their parental rights

Even if a parent wants to terminate their parental rights in Texas, many courts won't do it. Why? Because if the other parent dies then the child will be an orphan. Also, it is the policy of the State of Texas via our legislature (that meets every 2 years) that ALL parents should support their children. It is the policy of the State of Texas that every parent supports their children and the children do not have to be supported by the state or federal government programs. Being supported by the state or federal government programs includes any sort of financial assistance including food stamps, WIC, housing, and health insurance coverage. Many judges feel that the taxpayers of the State of Texas should be providing health care, food, and housing to children. The judges feel that their parents should be doing so. This policy varies from judge to judge.

No matter how much people stress price, they really want quality

Amen! Some people want everything dirt cheap -- but they expect "cadillac" quality. Unfortunately, some people have unrealistic expectations of what "cheap" legal services truly mean. I warn people that if you hire do it cheap and it does not work, it might cost you more for me to fix it. I, of course, recommend doing it right from the beginning. There is another old saying - penny wise and dollar foolish -- people try to save a few cents but end up spending many more dollars in time wasted and in shoddy workmanship. When I take my car to my mechanic, I expect the best from him. My clients expect the same from me. I just spent over $1,200 on my car having its 90,000 check-up and then a week later the radiator overheated while I was out of town. I was upset, but every mechanic I talked to assured me that sometimes radiators break without warning. My regular mechanic had fixed a bunch of stuff under the hood so the new radiator was only the cost of the radiator -- instead of $900 -- it ran me around $300.

2 excellent "old time" sayings about quality of service

No matter how much people stress price, they really want quality. The bitterness of workmanship remains long after the sweetness of a low price is forgotten.

Cyber Crime

The Internet Crime Complaint Center (IC3) is a partnership of the Federal Bureau of Investigaiton (FBI)_ and the National Whtie Collar Crime Cneter (NW3C). The IC3's mission is to serve as a vehicle to receive, dlevelop and refer criminal complaints regarding the rapidly expanind arena of cyber crime. Unfortunately, this is a rapidly growing problem all over the world. You must be very careful and be suspicious at all times. Don't give out your social security number to anyone (or a machine) that calls and asks for the last 4 digits of your SS#. I received a call once from a computer claiming to be my bank and they needed my last 4 digits of my SS#. I was suspicious since they were calling me at work on a back line. I hung up and called my bank. I went through at least 3 people and eventually they informed me that no one had called me asking for my SS#. Obviously, this was a computer just calling random numbers hoping that idiots would give out their social security number. If you have elderly parents, please warn them. They are the most trusting and are often taken advantage of by evil people. I've been paying my father's bills for over 5 years and occasionally I get some bogus mastercard or visa for an amount under $400. Since I pay all his bills, I know it's totally bogus. When I write the company on my legal stationery, I never hear from them again. Unfortunately, my father fell for this scam and I think he got on a "sucker" list. I worry about how much money he lost before I took over paying his bills. Read your bills very carefully. I have found several unauthorized charges on my credit cards. I have also received papers that look like bills but when I read the fine print they are just soliciting my business. There is one company that does a great job looking like the AT&T yellow pages but if you read to the bottom of the page in very small print it admits they are not AT&T. Same goes for "Who's Who" groups. I get "chosen" on a regular basis to be included in ....'s Who's Who. They are rip offs and a total waste of time and money. Summary, be suspicious and don't be afraid to ask for proof that you authorized this charge.

Anti-Phishing information

Go online to the Anti-Phishing Working Group at www.antiphishing.org for information about phishing attacks. In 2006, the FTC (Federal Trade Commission) launced a campaign to advise consumers on techniques to avoid identity theft. Their free kit is at http://www.consumer.gove/theft/ If you are a victim of phishing, and you would like to warn others, please email info@antiphishing.org.

The National Do Not Call Registry

Go online to www.fcc.gov/cgb/donotcall or call 1-888-382-1222 to register your phone number. The do not call list does not cover companies that you have given prior written permission to call you, tax exempt non-profit organizations, non commercial calls, calls that do not solicit advertisements, and comapneis that you already have an established relationship with. The Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) are authorized by the Telephone Consumer Prottection Act (TCPA) .

Paperwork is the non-custodian parent's best friend

I strongly beg you to keep all receipts for anything you purchase for your child. If you take the child and buy a coat, keep the receipt until they reach 22. If you take the kid(s) to BurgerKing, keep the receipt. Everything you buy -- prescriptions, school supplies, sporting goods, movies, food, cell phone, cash to kid -- you need to have proof. If you don't have physical proof, it is not work zip. It's also nice to have eye-witnesses to purchases. However, memories can be "fuzzy" over time so I also encourage keeping paperwork. If in doubt, keep it!

Why should i spend money on wage withholding?

If you have minor children, I strongly urge both parents to do the paperwork right. It protects both parties. If the child support is paid through the Texas Disbursement unit, their payment schedule is automatically accepted by the courts. If you had your spouse cash, your spouse might develop "amnesia" at a later date and not recall ever receiving any child support payments. If that happens, the burden shifts to you to prove that you paid every month. The interest rate on past due child support is 6%. It adds up quickly. If the Texas Attorney General's office gets involved, I strongly, strongly urge you to retain an attorney. If you miss one appearance before the judge, the State can get a default judgment against you. Again, the burden then shifts to you as to why you missed the hearing. If the court finds that you owe retroactive child support you have a very limited time frame to ask for a new hearing. If you are found to be behind in child support payments the following could happen to you: 1. jail 2. all IRS tax refunds get directed to parent with custody of the child(ren) 3. your bank accounts will get drafted against and your outstanding checks will bounce 4. you could lose your driver's license 5. you could lose your U S passport 6. if you hold any sort of license to work (doctor, dentist, chiropractor, electrician, plumber, hairdresser, lawyer, etc.) you can lose your license 7. your credit reflect the past due amount 8. bad credit will mean that you will never be able to buy a home 9. child support is NOT dischargable through bankruptcy 10. child support obligation never goes away -- you could be paying it when you retire 11. the child support obligation continues even after you die -- your estate will need to deal with it. Texas just passed some new laws on death and child support that just went into effect. I will address the new law at a later time. If I have not scared you yet, then I have not done my job.

Why I suggest you do the legal paperwork right the first time!

I receive calls on a daily basis from people that don't want to pay to have their divorce papers done right. They don't want to spend under $1,000 for a divorce with children since the spouses are getting along. I refuse to do the paperwork and suggest that they hire someone else. I warn them that if the other attorney messes up the papers, it is going to cost them more for me to fix them! As I like to say, my plumber agrees not to practice law if I agree not to try to fix my own plumbing. In fact, my plumber loves do it yourselfers since he makes more money fixing the messes they create. Likewise, if I have to fix a "mess" it is going to be more costly than doing it right the first time. I went to law school for over 3 years and had to take a 2-1/2 day exam in order to practice law in the State of Texas. It just is not as easy as some people think.

Houston Bar Association's website

For free information on Texas laws, go to the Houston Bar Association's website (www.hba.org) and look under "information for the public". Under that tab look for handbooks. The have free "handbooks" on FAMILY LAW, CONSUMER LAW AND ELDER LAW. The Family Law handbook is the best booklet that I've found. If you type into Google "Texas free divorce information" or something like that and thousands of website will pop up. Many are good. The national ones tend to be the worst since they try to cover all 50 states.

What should you do when you have a power of attorney and the judge ignores it and appoints a guardian instead?

I received this question from an anonymous person and I wanted to respond. I handle family law cases. Many people call me and want guardianship over a child. I almsot always recommend custody rather than guardianship because it does not require the court's oversight like guardianship does in Texas. I do not do much probate (aka guardianship) law these days. Therefore, I'm not comfortable in answering the question. I recommend that you find a board certified attorney in family law to discuss this matter with in person. Also, such a quick question is not appropriately answered via an email. I would need to meet with this person and learn all the details involved as well as review the court's file and/or read a certified copy of the court's order. I personally use Mr. W. Kevin Alter of Hebinck and Alter located at 5009 Caroline Street, Houston, Texas 77004. Kevin's phone number is 713-526-2333. I've sent several friends and relatives to him. I have used him personally! Everyone likes Kevin because he is patient, thorough, and kind. (They also feel his prices are very reasonable!) He also "speaks English" and not "lawyerese" to people. He is able to take complex legal concepts and describe them to a person without a high school education. To be able to simplify legal concepts so that the average person can understand them takes someone that really understand their stuff! There are many fine probate and estate planning lawyers in the Houston area. If you want a referral to someone, please call and I will be glad to give you some names in your neighborhood and price range. If you have a small estate (total value under $250,000) you don't need a $500/hour lawyer!

2 teen-agers create a baby

In Texas, both parents are supposed to support their child. Texas law is not written to address minor children having babies! However, if a 16 year old girl gets pregnant, her 16 year old boyfriend will be required to pay child support based on his income. He will need to get a job and earn money. The courts will order that the father have visitation periods with the baby. How often does this happen? Frequently.

My spouse has a criminal record

A person's past is NOT always relevant in a custody case involving minor children. If a person was convicted many years ago, it might not even be allowed to be mentioned to the judge. If your spouse (say wife) was convicted of selling drugs 15 years ago, you married her 10 years ago (and knew of the conviction) and all of your children are under the age of 5, her former criminal record might be irrelevant. If her record has been clean for 15 years, it shows that she has probably cleaned up her act. If she was such a bad person, then why did you marry her? If a person was convicted of writing hot checks, how does that show he is a bad parent? That person might not be crummy at math or is irresponsible, but hot checks are a lot less important to a judge than driving while intoxicated, beating up people, threatening people with a weapon, threatening to kill their spouse, injury to a child, etc. If a person has been convicted of DUI or DWI within the past 2 years, it might be VERY important. Has the person finished their probation successfully? Is the person attending AA meetings? Does the person admit to a drinking problem? Do they still drink? Do you have evidence that the person is still consuming alcohol? If so, what evidence do you have? The burden is on you to prove that he is still an alcoholic, still actively drinking, still drinking while drunk, not admitting to having a problem, falls asleep when they are supposed to be watching the child(ren). People can and do change. If the judge feels the person accepts responsibility, has worked hard to not repeat the same mistake twice and has taken steps to never repeat the same mistake, the judge might decide that the past is behind the person and they have learned their lesson.

Parents are living apart but not divorced

If 2 married people have a child and decide to quit living together, if there are no court orders, then either parent can have custody of the child. However, please understand that there might be a court order that you are unaware of. Being unaware of a court order, is NOT a reason to violate a court order. Judges do NOT like it when people do NOT follow their orders! If you are served divorce papers, if you do nothing you are held to be responsible to know what happened in the case. Even if your spouse swears that the divorce has been dismissed, it is your responsibility to do the research and make sure the case has been dismissed. Ignorance of the law is not an excuse! If you violate a court order, you can be held in contempt of court and be fined and/or jailed. Judges usually punish people that don't follow their court orders. I encourage people to work out their problems and consider what is best of the minor child(ren). However, a parent cannot kidnap a child(ren) if there is no court order in effect. That said, the courts don't like a parent that takes a child and hides the child from the other parent. The courts hear complaints about this sort of problem on a daily basis and the judges get tired of parents trying to hurt each other and not considering what is best for the minor child. The judges will begin each case as considering both parents equally qualified to raise the child. The burden is on YOU to show why you are the better parent. We have all done things as parents that we regret - however, hopefully we have all learned through our mistakes to be better people and parents. I try to use common sense when explaing "best interests" to a potential client. To my knowledge, there is no exact definition for best interests of a child. It's kind of like that old joke about pornography - you know it when you see it. The judges recognize that you selected each other, got married, then voluntarily produced a child or numerous children. The judges don't like it that now that you decide to divorce the other parent, the other parent is now a bad, irresponsible parent. If you are going to allege wrongdoings on behalf of the other parent, you need witnesses and evidence. A written and notarized statement is not enough. Every person has the right in court to cross-examine a witness. Therefore, you need anyone with person knowledge to appear in court, be sworn in, testify and be cross-examined. The Judge will determine each witnesses credibility. Again, credibility is a difficult term to define. Basically the Judge will try to decide who is telling the truth. A witness can only testify to something they have personal knowledge of -- they heard it, saw it, smelt it, or even tasted it for themselves. The judges think -- if YOU married the other person, lived with the other person for years and then reproduced (for most people they reproduced several times) -- then NOW why is the other parent so bad. If the other parent is so bad, why did you stay with him/her? Doesn't that show poor judgment on your part? If you married and repeatedly reproduced, doesn't your spouses poor judgment reflect badly on you too? Example: 2 drug dealers separated both wanted custody of the child. The father said that Mom left cocaine out on the coffee table in a crystal bowl. He did not move the crystal bowl so the 2 year old could not reach it. How was he any better than the mother?

Custody instead of a guardianship for a minor (under 18) child

Custody is handled in the family courts in Texas. Guardianship is handled by the probate courts in Texas. I don't like guardianships for minor children. Why? They are paper intensive and sometimes more expensive than custody. I encourage people to consider legal custody for minor children. You would need to talk to an attorney to determine if you need legal guardianship if a minor child or if legal custody of a minor child would be better. I can't answer that question for you unless I talk to you about your individual facts.

Some Texas alternatives to guardianships

There are some alternatives to a court ordered guardianship in the State of Texas. I strongly urge you to talk to an attorney that handles a lot of probate issues to discuss the needs of your case! Some possible alternatives MIGHT be: DURABLE POWER OF ATTORNEY - a document a person does to designate another person to act as his agent for financial matters. There are pros and cons to this document. DURABLE HEALTH CARE POWER OF ATTORNEY - a person designates another person to make medical decisions for them if the person is unable to do so. For example, you are in an automobile accident and in a coma. The doctor cannot talk to you about possible medical treatments available to you. You need another person to talk to the doctor and decide how to proceed. When you regain consciousness, then you would make your own medical decisions. DIRECTIVE TO PHYSICAN -- ALSO KNOWN AS A "LIVING WILL". You can designate that under certain incurrable or irreversible medical conditions what you want done. SURROGATE DECISION MAKING - created by the Texas Legislature in 1993. Read the Texas Health and Safety Code Section 313 for details.

Very Brief explanation of Guardianship in the State of Texas

Guardianship is a court order that puts property, fiances and the wellbeing of a person into the hands of another entity. This incoudes humans, associations and corporations. Who needs a guardianship? People that are judged to be menatally incompetent or are physically unable to care for themselves. This incudes minor children (under the age of 18). There are several types of guardianships. The person appointed to take care of the person MUST to the court. The guardian appointed by the court is held to a high level of responsibility as dictated by the court. Guardianships are controlled byt he Texas Probate Code. All Texas codes are available on-line for free. Just go to any major search engine and type in either "Texas Probate Code" or "Texas Codes" and they should pop up. You need to read Texas Probate Code Section 601 for definitions. Read Section 602 for a description of the policy and purpose of a guardianship. A guardian is the person appointed by the Judge to serve as the legal representative for an incapacitated person. A Judge must find the person is "incapacitated" in order to appoint a guardianship. There are temporary guardianships and permanent guardianships.

What do I do if I was married outside of Texas?

If you have lived in Texas for at least 6 months and in the same county for 90 days, then you can file for divorce in Texas. The only problem that might arise if you moved here after you separated and your spouse never has set foot inside the State of Texas. If your spouse has never been to Texas, you need to hire an attorney and discuss the options available to you. It's too complicated here to go into detail. So: If you are from Louisiana, New York, Brazil, England or Russia, if you have lived in the State of Texas for 6 months and in the same county for 90 days, Texas has jurisdiction to grant you a divorce. However, if you move every 60 days to a new county but they are all inside the State of Texas, stay put for 90 days in the SAME county and then file for divorce.

Family Law in Texas

Family law is a state specific type of law. Each state is authorized to make their own laws regarding divorce, paternity, etc. The State of Texas does NOT care what the State of California does! Don't waste your time researching other states laws if you are involved in a family law case in Texas. Only the U.S. Supreme Court can interfere with Texas law. The most important case that comes to mind regarding the U S Supreme Court and state courts is the grandparent case that is commonly referred to as Troxel. It limited grandparents rights for most grandparents.

Office of the Texas Attorney General

I would not set foot in the Office of the Texas Attorney General without an attorney. It's cheaper to do it right the first time instead of trying to fix "the mess" later. You can visit the TX A G website at http://www.oag.state.tx.us/ Their website has lots of information about child support. Remember, if you want DNA testing on any child, you need to ask for it at the very first appointment. The TX A G has great pricing on DNA testing since they are the biggest user in Texas. Once you have been declared the "father" of a child, you are the father -- even if you later do your own DNA testing and determine that the child is not your biological child. If in doubt, demand DNA (genetic) testing. It's very easy and painless -- a mouth swab is all it takes.

Child Support for College.

In Texas, there is no court ordered child support after the child turns 18 and/or graduates from high school, whichever is later. No Texas Judge can order a person to pay college expenses for the "child"! Technically the moment the child turns 18 they are now an adult. Of course, I suspect that 99% of the parents will disagree that their child is an adult, but that's the law in the State of Texas. If you need help paying for college, I highly recommend SANDRA NEWTON of the College Resource Center located close to Loop 610 and San Felipe. The College Resource Center -- 1001 W. Loop S., Ste 660, Houston, TX 77027713-783-7575; fax 713-621-0034. Be sure to tell her that Fran Brochstein sent you! Sandra worked with my daughter before beginning her freshman year in high school. Sandra was a great motivator for my child. We talked to approx. 3 other people but my daughter preferred Sandra. Since she and Sandra were going to work together, I let her choose the person she felt that she related to the best. Also, hiring Sandra avoided lots of arguments at home. Sandra met with my kid on a regular basis and they discussed her future plans. Her senior year of high school they met a lot - especially when college applications were due. I did not have to monitor deadlines since that was part of Sandra's job!!! My child got 100% of her undergrade program paid for with scholarships and grants. She even received money for books and even housing expenses her senior year of college. Sandra Newton is top notch and I highly recommend her.

When can a child decide not to visit the other parent?

The child can decide the moment he/she turns 18. If the current visitation plan does not work, then it needs to be modified. If one parent is harming the child (physically abusing, not feeding, calling bad names, etc.) you will need proof. You need witnesses with personal knowledge. What is personal knowledge? Briefly, the person can only testify to what they personally experienced - heard it, saw it, tasted it, smelled it, etc. So if the child came home with bruises, the neighbor can testify to the bruising but not what the child said about how the bruises got on his/her body. School teachers make excellent witnesses because they are impartial and only want what is best for the child. School records are presumed accurate. So if there are many tardies on the days the other parent has the child or many unexcused absences when the parent has the child, that is powerful evidence. If the child comes to school dirty, tired, stressed, unprepared only on the week-ends when they visit the other parent, you have some powerful information for the Judge to hear. A professional mental health expert that is willing to testify in court is also powerful. If things are bad and you need some more evidence, then asking the Court to appoint an amicus attorney to meet with the parents, child, people with personal knowledge and review doctor and school records might be the way to go.

Elder Abuse

To report suspected elder abuse call 1-800-252-5400 and speak to a Texas Dept. of Family and Protective Services (aka DFPS) employee. This is the statewide intake for all complaints regarding the elderly. Reports may be made anonymously. However, be aware that an intentionally or maliciously false report is a crime. Mistaken reports are NOT a crime unless they are made in bad faith. Of course, if it's an emergency dial 911. The National Center for Elder Abuse is 1-800-677-1116 or www.elderabusecenter.org Elder abuse may be neglect, abuse or financial exploitation of anyone elderly or disabled. It is illegal. My advice -- if in doubt -- make the call. The best news is that you might be wrong! It might be a "wake up call" for the family and/or friends of the person. People that take advantage of the disabled and elderly will hopefully be repaid in-kind 10 fold!

My New Holistic Websites

I now have my 2 holistic webnames linking to my main website. www.TexasHolisticLaw.com and www.TXHolisticLaw.com I eventually hope to develop or expand my websites to include much more on Texas holistic law.

Craig's List advertising

My daughter turned me onto Craig's list. I did not believe how many Houston attorneys are advertising on that site. I also found an ad by an individual that proudly advertises that he/she is not an attorney but will sell you forms based on their "experience". I emailed the person to make them aware that this is a felony according to Texas law. One Harris County family judge takes great pleasure in turning in all such people to the District Attorney's office. The District Attorney will prosecute such people. They are truly doing a disservice to people that they proport to help. Of course, I don't do my own dental work! If I have a dental problem, I hire a trained dentist. As an attorney, whenever I have a legal issue in my life I hire an attorney to help me. Why? Because I'm personally invested in my life and I need an objective and a person who is not emotionally involved to help me and guide me.

Advertising my Holistic Law Practice

I now advertise in the Indigo Sun, Centerpoint and Natural Awakenings monthly publications. Centerpoint finally convinced me to change the ad that I've run with them for the past year. I added a photo. According to the advertising rules of the State Bar of Texas (as I "think" that I understand them), if I basically have an ad similar to my business card, I am not violating any rules. I've seen numerous attorney ads in Houston publications that I KNOW violate numerous State Bar of Texas ads. Believe it or not, I have to include "Houston" in my ad according to the State Bar, even though Centerpoint is only geared for a Houston audience. Why? I have no idea. If you see my ads, please send me your comments - good and bad. I am truly interested in your opinion!

Greensheet Ad

My ad advertising DO IT YOURSELF FAMILY LAW KITS is now running in the inner loop edition of the Greensheet. I hope this ad will reach people with limited income means that would like an inexpensive alternative to hiring an attorney. Again, I meet with each potential purchaser and make sure that they understand what they are purchasing. I also will NOT sell the kit to anyone if I do not think it will work for them or if I think it is inappropriate for their situation.

Houston Press

Check out my ad advertising DO IT YOURSELF DIVORCE KIT beginning on the "back page" of the Houston Press this week. I've been a Houston Press reader for years but never advertised with them. I think their readership - inner loop folks that enjoy an alternative news source might find my ad interesting.

Visit my old Blog for more information

http://www.directlex.com/fran/ This was a great blog until it decided not to allow me to post anymore. Please visit it for many other posts that contain lots of interesting family law information.

I found the divorce forms -- now what?

After locating forms, you need to fill them out. The clerks at the courthouse and the Judge do NOT do this. Why should you hire an attorney? Because we know what paragraphs to select. The clerks cannot fill out the forms because they are NOT attorneys and it is illegal for them to give legal advice.

Basic divorce paperwork

There are some documents that EVERY divorce needs in the State of Texas: 1. Original Petition for Divorce (usually just called the Petition). 2. Either a WAIVER OF SERVICE or proof of service on the other spouse. 3. A Final Decree of Divorce. YOU (or your attorney) need to prepare these documents. They do NOT pass them out at the courthouse. They do not "magically" appear.

Am I divorced after 60 days?

Many people coming to the Houston Volunteer Lawyers booth have heard that if they file a divorce that they are "magically" divorced after 60 days. WRONG! WRONG! WRONG! After a divorce has been on file at the courthouse for 60 days, one of the parties needs to come to court and stand in front of the Judge. Under oath, the person reads a statement to verify everything in their petition and decree. Then the Judge reviews the paperwork and either approves or disapproves the divorce. The divorce is NOT final for 30 days. Therefore, you should not marry for 30 days AFTER the Judge signs the final decree of divorce.

Am I divorced after 60 days?

Many people coming to the Houston Volunteer Lawyers booth have heard that if they file a divorce that they are "magically" divorced after 60 days. WRONG! WRONG! WRONG! After a divorce has been on file at the courthouse for 60 days, one of the parties needs to come to court and stand in front of the Judge. Under oath, the person reads a statement to verify everything in their petition and decree. Then the Judge reviews the paperwork and either approves or disapproves the divorce. The divorce is NOT final for 30 days. Therefore, you should not marry for 30 days AFTER the Judge signs the final decree of divorce.

Do It Yourself Kits on-line

I have been filling in at the Houston Volunteer Lawyer booth in the basement of the Family Law Center for the past two weeks while their normal attorney is on vacation. I've seen horrible kits purchased on-line from $30 - over $400. DON'T WASTE YOUR MONEY! These kits are from New York, California and Washington. Even the legal site entitled something like "Texas divorce law" is from New York! I strongly urge you to hire a professional to help you. PLEASE DON'T USE A NOTARY OR PARALEGAL. There are apparently several notaries doing legal forms for people. I don't know who these people are but what they are doing is illegal in the State of Texas. It is called barrarity and it is a criminal offense. When caught, they are actively prosecuted. Why? Because they are doing things wrong and basically stealing people's hard earned money. A notary can be a high school drop-out. There is NO training of any kind for a notary. I've had so many people crying at the booth when they learn they have wasted time and money. When my plumbing breaks, I hire a plumber. It's funny that everyone can find the money when their toilet backs up! However, many people say they don't have money for an attorney.

2007 Pro Bono and Legal Services Award -- Frank J. Scurlock Award Lan T. Nguyen received the 2007 Frank J. Scurlock Award. She was recommended for the award by the Houston Bar Assocation's Executive Director, Kay Sim. I've known Lan for many years and I can't say enough good things about her. She is an outstanding attorney. She is an extremely hard worker. She does many pro bono cases through Houston Volunteer Lawyers and other Houston area charities. In one case, I represented a Vietnamese grandmother though Houston Volunteer Lawyers Progam, when I asked for an interpreter -- I was referred to Lan. Unfortunately, she was already one of the attorneys on the case! It was a very complex and difficult case, but even though Lan was a strong advocate for her client, she was a person that was pleasant to deal with and to easily respect. Her word is like gold! When the situation gets stressful, she is able to maintain her cool and her sense of humor. Congratulations to Lan T. Nguyen for her work in the Houston community and the Houston Vietnamese community! She is inspiring! She is an outstanding person!

Texas Bar Jounal - July, 2007 On page 589 I'm listed under TEXAS MEDIATOR CREDENTIALY ASSOCIATION -- Announces Credential Holders for 2007 --under CANDIDATES FOR CREDENTIALED MEDIATOR. I'm excited because I don't recognize any other Harris County attorney that does exclusively family law on the page. I went to South Texas Law School with M. S. Frost Haenchen and Fred A. Simpson. I don't think that either of these guys do any family law. There might be some other family law attorneys but none from Harris County. I joined www.txmca.org in 2006 because I wanted to commit to doing family law mediations seriously and I wanted to be part of an outstanding mediation group. ADR is celebrating its 20th anniversary of the Texas ADR Act -- Alternative Dispute Resolution.

WHY YOU SHOULD CALL ME -- If you have a legal question -- email or call me. I offer a free 10 minute consultation. Why? Because most people are scared because they do not understand or know Texas law. Why? Because I believe that knowledge is power. Why do I contineu to do this after so many years? I do a huge referral business -- I'm up to 3 generations in some families! Why? Because if I help you now, you will refer everyone you know to me in the future! Why? Because I receive referrals from opposing parties because I was fair and reasonable. I always attempt to treat everyone I talk to with respect and in a civil tone. Why? Because my clients come back to me when they need to modify their legal documents. Why? Because I'm a strong advocate for all children! Why? Because I try to talk to plain English and I don't sugar-coat reality. Why? Because I tell you the pros and cons of your case. Why? Because I treat you like I expect to be treated by any attorney I'd consider hiring. Why? Because if I don't think I'm the right attorney for you, I will send you to an attorney that I know and trust that is reasonably priced.

ESTATE PLANNING DOCUMENTS I HAVE & YOU SHOULD TOO Here are the estate planning documents that I have and I think every Texan should have: 1. Medical Power of Attorney for Health Care with the required disclosure statement. 2. Statutory Advance Medical Directive -- common known as a "LIVING WILL" I named mine -- Directive to Physician and to My Family and Friends 3. Declaration of Guardian in the Event of Later Incapacity or Need of Guardian -- no one thinks they will ever need this document -- but it can save you and your family much heartache if you do it! 4. Delcaration for Mental Health Treatment -- this document is fairly new in the State of Texas and since I have a limited medical knowledge I'm not real comfortable with it -- but I think it is a good document and one that execute after talking to an attorney that understands all the ins and outs of this document. 5. Appointment of Agent to Control Dispositon of Remains -- you absolutely need this if you are not married -- I strongly urge everyone to designate someone to be responsible for the funeral and/or memorial service. 6. Texas Dept. of Health Standard Out-of-Hospital Do-Not-Resusitate Order 7,. A Texas Will 8. Maybe -- Statutory Durable Power of Attorney -- a very powerful document in Texas -- BEWARE! There are many choices in this document and it MUST be done properly after talking to a knowledgeable attorney. I strongly urge everyone to review their estate planning documents every 5 years! I'm obsessive and I do it annually. I like the following estate planning attorneys because they are reasonable and they are all able to speak in plain English: 1. Kevin Alter 2. Keith Lynch 3. Patricia Bushman If you want to hire me to be your advocate, I charge $150 per hour to meet with you and then meet with any attorney you hire to make sure they do everything right! If you need a care manager, I personally recommend, BARBARA BOWER of Caremanagers, Inc. in Houston, Texas. She has been acting as an advocate for many, many years and my family uses her. I strongly urge you to hire an advocate when dealing with your elderly family members. She has saved me from pulling out all of my hair! She is appointed by many courts to represent people that have no family. She has been a life-saver for me! Why do I discount my rates? Because I've represented many of my parents friends in their legal problems and I think it's important for older folks not to be taken advantage of! My own father got "scammed" by a "nice young man from Florida" who was day-trading and lost over $250,000 of money within 90 days! Thank God, I was keeping track of his bank accounts and I happened to be eating lunch with my Dad one day when the "nice young man" called to see who my Dad was feeling that day! PS -- I hope this "nice young man" roasts in hell and suffers 10 times the losses he incurred for my Dad!

LIVING TRUST SCAMS IN THE STATE OF TEXAS: Living Trust Scams versus the truth in the State of Texas -- I often talk to people that say "I have a living trust so I'm not worried." When I try to determine what they have done, they have no idea. They think a "LIVING TRUST" solves all of their problems. WRONG!!!!! I'm no expert on estate planning. However, the July, 2007 Texas Bar Journal had an interesting article designed for clients. I'm summarizing the article: 1. Sales people target people over 50 and try to selling them living trusts. So you need to ask yourself -- Do you understand what a living trust means in the State of Texas? 2. You need to carefully consider if this is the best idea for you. 3. Do not fall victim to "act now" or high pressure sales pitches. 4. Talk to your children, your best friend, your minister, your doctor, your accountant, CPA, estate planning attorney, banker or financial advisor (in other words -- people you know and trust!!) before setting up a living trust. 5. Many salesman make false, incomplete or incompetent statements regarding the laws of the State of Texas. 6. Consider going to an estate planning attorney or elder care attorney and paying for an hour of their time before making your final decision. Most charge under $300 for an hour consultation. I personally highly recommend Kevin Alter, Patricia Bushman or Keith Lynch all of Houston, Texas. They will be honest with you and they are all able to speak to you in plain English! If you are still scared, I charge $150 per hour to go with you to any probate or estate planning attorney, and be your advocate on YOUR behalf. 7. Many salesman claim that you will save money on taxes. This is misleading. Most Texans will not have a death tax! If your estate is taxable, a will can accomplishy the exact same tax savings as a trust for less money. 8. If anyone tells you that a living trust will help you qualify for public assistance benefits they are not telling the truth. 9. If anyone tells you that a living trust will help you avoid a contested will again they are not telling the truth. (Hint: a trust and a will are separate legal concepts in Texas and do 2 completely different things!!) 10. A living trust will NOT help you avoid your creditors! 11. A living trust may or may not avoid the expense of a guardianship. The State of Texas also offers a power of attorney that might work. However, you need to talk to a competent attorney to know what document is right for your particular situation. 12. Many salesman claim that attorneys will take 3-10% to probate your estate. This is a false claim. If you doubt my last comment, then you need to talk to 2 or 3 attorneys and see what they charge. (For 3 competent attorneys that I personally trust - call Kevin Alter, Patricia Bushman or Keith Lynch). 13. If a salesman claim that probate in the State of Texas takes years -- they don't know what they are talking about. If your will is written according to Texas laws, probate in Texas is cheap and easily -- unlike many other states. 14. If a salesman claims that probate is time intensive and costs a lot of money -- they don't understand Texas laws! 15. If a salesman claims that everyone should have a living trust -- they don't know Texas law! 16. If a salesman claims the only way to avoid probate is to have a living trust --they don't understand or know Texas law! In summary, it is your money so be slow in spending it. Don't rush! If you must take the decision immediately, then don't! Be suspicious! Recognize that many "smooth talking, sincere salesmen" are hoping to retire off the money they make from you! Con-artists make a good living on people's fears. Don't waste your hard earned money! This is YOUR money -- you need to take your time and think about what you want to do! If you want to meet with me, I charge $150 per hour to be your advocate and argue with you about all the possible implications of this "great opportunity". If you think you've been a victim of a con artist, a livng trust salesperson or an unethical attorney, please call the State Bar of Texas and report them. I will give you 3 personal examples: 1. My looked at my mother's will and it had typos in it -- it was horribly drafted by a very expensive "Galleria" attorney (it cost her over $5,000). I took her to Kevin Alter who wrote a very short will for her for under $500. When I asked Kevin why it was so "basic" he said that her estate was under the State of Texas non-taxable estate and there was no need for her to have a "fancy" will. I thought about it & realized he was right! (As an attorney, I admit that I like things to be long, detailed and drawn out!) 2. If I die tomorrow, my children do not have to probate my estate. Even though I have a will, I've purposely left all of my assets in accounts with "rights of survivorship". Therefore, my utilities and credit cards will not be paid and my kids inherit directly from me. However, I review my documents on an annual basis to make sure that my personal situation has not changed. I have purposely designed my estate to be "broke" when I die so that no creditor can collect. If I win the lottery tomorrow, I will definately talk to an estate attorney before collecting my lottery winnings and I will revise my will to include trusts to go where I want the money to go. 3. My father has advanced Alzheimer's disease. I never had him declared imcompetent. As he was getting ill, we moved everything into a family trust. Even though he has a will, his children and grand-children will receive whatever is left in his estate at his death, as HE WANTED IT! The probate of his estate, at his death, will be easy and inexpensive. Now that he is mentally incompetent (and 5 years later) I would have made some changes to what we did; however, overall the documents we did will ultimately accomplish what he wanted. After he was mentally incompetent, he apologized to me for some of the decisions(he wanted me to be sole executor of the estate) he made -- but it was too late to revise the documents. Looking back, he could have accomplished what he ultimately wanted easier and cheaper. Unfortunately, we cannot change the documents now. Of course, he never thought he'd live this long and end up incompetent. He thought he'd just die quickly and easily.

Grandparent rights in Texas

Here is brief summary of grandparent rights in Texas: 1. Automaticlaly being a grandparents does NOT give you the right to file a lawsuit for possession, access or custody of your grandchild. 2. If your grandchild used to live with you, you MUST file a lawsuit asking for custody after the child has lived for with you for over six (6) months. Neither parent can live in the house during this six (6) month period. If the child has left your home, less than 90 days must have passed since the child left your home. So -- if the child lived with you for several years and the parents lived on the streets during that time. Then the mother came to get the child and they moved to another city -- you have less than 90 days to go to file in Texas and ask for custody of the child. After 90 days, you lose your rights to file a lawsuit in Texas. (It does not matter if the child lived with you for 15 years!) 3. If you just want to visit your grandchild, it will be impossible if the parents of the child are married to each other and there is not pending lawsuit regarding this family. The courts do not want to interfer with an intact family unit. So -- be nice to your children if you want to see your grandchildren. 4. If the parents are divorcing, you MIGHT have the grounds to intervene and ask to get some visitation with the child. However, you will NOT get 1st, 3rd and 5th Fridays of each month. You must show the court that you have had substanial past contact with your grandchild and that failure to appoint the grandparents as a possessory conservator would significantly impair the child's physical health or emotional development. If both parents do not want you to have visitation with your grandchild, it will be difficult (not impossible -- but difficult) for you to get some visitation with your grandchild. 5. If you want to get primary custody of a grandchild, you must prove that the parents should not be appoointed because it would impair the child's physical health or emotion development and THE PARENTS ARE UNFIT! THIS IS VERY DIFFICULT TO PROVE. THE BURDEN IS ON THE GRANDPARENTS. YOU WILL NEED OVERWHELMING EVIDENCED TO PROVE THE PARENTS UNFIT. 6. If your grown child is dead or in jail and the other parent won't let you see your grandchild, then you have the right to be granted some access to your grandchild. Again, it probably won't be 1st, 3rd and 5th Fridays of each month. HERE IS THE LEGAL PRESUMPTION THAT YOU MUST PROVE ORDER TO HAVE ACCESS TO YOUR GRANDCHILD -- it is a fundamental legal presumption that a parent should raise his or her own child. It is presumed that a fit parent makes decisions in the best interest of his or her child. So if you want to see your grandchild, be nice to the parents. Bite your tongue! Smile! If you piss of one of the parents, then you won't be seeing your grandchild. If your grown child is a bum and does not visit, you need to convince your grown child to take advantage of his or her visitation and let you see the child during his/her visitation time.

New laws in Texas

The Texas Legislature met in the spring of 2007. Their session is now over. There will be some modifications and/or changes of Texas Family Law going into effect soon. The proposed law for a "covenent marriage" in Texas was defeated. It was a very poorly written bill that should NOT have been made into law based on the many issues it did NOT address.

However, there are going to be many changes. Please check back on this blog to learn more about them as I learn of the changes.

Let me know your questions

If you want me to answer a question via this blog, please send me an email to fran@familylaw4u.com and request that I put the question and answer on my blog. In the subject line put "question for TX Holistic Family Law Attorney blog".

I no longer have an assistant

My assistant, Bari, got a full time job with benefits. It was fun working with her and I wish her only the best. I'm back answering my own phones. Please leave a message & repeat your phone number twice! Please! I will NOT identify myself. I just say something like "this is Fran returning your call". If you pretend to be someone else, then you lose your free phone consultation! If I can call you at night, please let me know if it's ok, the phone number to use and how late I can call you. I often return calls until 10 p.m. If you claim it is an emergency, I will return your call as soon as I retrieve it. If it's 2 a.m., I will call you back! So be careful when you claim it's an emergency!

Emancipation in Texas

Summer is here and the emails and phone calls have started! This question seems to be very popular with 15& 16 year olds.

See my post dated March 17, 2007 regarding removal of disabilities. That is the term The State of Texas uses for emancipation.

Texas Attorney General & Senior Citizens

Many senior citizens are taken advantage of by con artists. Office of the Texas Attorney General www.oag.state.tx.us Main switchboard 512-463-2100 Consumer Protection Hotline 800-621-0508

Houston Lawyer Referral Service

713-237-9429 or 1-800-289-HLRS www.hlrs.org In English & Spanish 8:30 - 4:30 Monday through Friday Many fine attorneys are not listed with the Houston Lawyer Referral Service but of their policies. I believe the initial consultation is $20 for the first 30 minutes. Be sure to have your questions ready to make best use of your 30 minute consultation.

The Work Source in Texas

www.theworksource.org

Some interesting websites

www.publicdata.com A website for public record searches. If you mention my name (FRAN BROCHSTEIN) I will receive some free searches, so PLEASE put my name in the referral space! The cost is approximately $25 for one year. www.howardnations.com A well-known website by Howard Nations, an attorney that was on the web when most of us did not know what the web was! He has hundred of links. Covers federal and state laws as well as general resources. www.mdconsult.com A fee-based site desigened to provide instant and thorough medical research to health care professionals. www.nlm.nih.gov Has many of the same databases as the one listed above but it's FREE National Library of Medicine www.law.cornell.edu Cornell University Law School maintaines a comprehensive legal resources on the web with many links sites all over the world. www.texaslawhelp.org One-stop resource for free and low-cost civil legal assistance in Texas. www.snopes.com urban legends www.searchsystem.net Worldwide free public records directory www.familylaw4u.com Fran Brochstein's website that lists many websites of interest to people in Texas with family law concerns

Order a Free Annual Credit Report

Please be sure to order a free credit report each year. www.annualcreditreport.com Federal Trade Commission www.ftc.gov Don't be surprised how different your 3 credit reports may appear. There are 3 major companies - Equifax, Experian and TransUnion. If you see any errors, you need to contest them. I personally had a negative entry on my report and I could not determine who the creditor was and I suspected it was an error. It took several attempts, but I was able to finally get it removed from my report. There were also duplicate entries of my law school loan so it appeared that I owed much more money than I actually owed. Again, I was able to get the duplicates off after writing the credit bureaus several times. I did not take "no" as an answer. I had my paperwork to show that I only had one student loan. A relative ran her report and found many errors since she has a very common name. I helped her fill out the forms and all of the incorrect information was removed on our first attempt. She thought I was a miracle worker. It enabled her to get a car loan at a very low interest rate with a higher credit rating. You do not need to hire a company to help you. You can do it yourself for free. Now most of it can be done via the internet. I highly recommend that you make a copy of each page if you do the forms on the internet.

Bill Ferguson & Divorcing as Friends

Bill Ferguson is a former divorce lawyer that has been lecturing, writing books and appearing on television and radio programs for over 20 years. He offers classes on STOP THE CONFLICT and DIVORCING AS FRIENDS. Bill lives in the Houston area. www.divorceasfriends.com He has developed a set of GROUND RULES FOR DIVORCE: (here is an except of his rules) 1. Accept the person -- the person is the way he or she is whether you like it or not. Accept the truth. 2. Be willing to feel your hurt - Let go of the hurt. 3. See your role in the problem - you cannot have a cycle of conflict with only one person -- it takes two! See how your actions fuel the conflict. 4. Don't hang on. Let the person go. 5. Let go of resentments and forgive -- Forgiveness will benefit you. 6. Be willing for anything to happen -- if you are fighting what is happening, you cannot see clearly and make clear decisions. 7. Don't Argue - Listen! Let the other person express their opinions openly and fully. Listen to what they are saying. You don't have to agree with them but you need to listen to their side of the story. 8. Find solutions that work for both of you. Fighting is unproductive. When you are committed to finding solutions that work for everyone, things will go much smoother for everyone. 9. Take every opportunity to heal your relationship. Be a friend and wish the other person well. I have Bill's tapes and books in my office for my clients that are interested in borrowing them and listening to them. I took Bill's classes when I divorced many years ago and I found them to be very helpful. But, his ideas will only work if you are willing to let go of the fighting and finger pointing. If a person decides that the pain is too great, then most people are willing to try something different.

What is neglectful supervision of a child?

What is neglectful supervision? Adults who are attentive and aware of children's behaviors are in the best position to safeguard their well-being. When children are not adequately supervised, it may be considered “neglectful supervision”, which means: Placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition or mental abilities and that results in bodily injury or substantial risk of immediate harm to the child. Neglectful supervision is also defined as: Placing a child in or failing to remove the child from a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child. Neglectful supervision is definately one way to lose custody or have your visitation modified -- specially if your children are small.

Leaving a child in a car alone

Never leave a child in a motor vehicle for any length of time. If children are trapped inside cars, especially during seriously hot weather, it can result in heat exhaustion or heat stroke, leading to permanent disability or death in a matter of minutes. Heat stroke, also known as hyperthermia, can cause shock, seizures, irregular heartbeat, heart attack, and damage to the brain, liver, and kidneys. There is a law for leaving a child in a vehicle -- Texas Penal Code, Title 5, Chapter 22, Section 10 LEAVING A CHILD IN A VEHICLE. A person commits an offense if he intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes, knowing that the child is: younger than seven years of age; and not attended by an individual in the vehicle who is 14 years of age or older. An offense under this section is a Class C misdemeanor. I f the child is injured, the charge is then elevated to child endangerment, which is a felony. The penalties are six months to two years in jail and a fine up to $10,000. Leaving a child unattended in a car is also a form of neglectful supervision. What is neglectful supervision? Answer: Adults who are attentive and aware of children's behaviors are in the best position to safeguard their well-being. When children are not adequately supervised, it may be considered “neglectful supervision”, which means: Placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition or mental abilities and that results in bodily injury or substantial risk of immediate harm to the child. Neglectful supervision is also defined as: Placing a child in or failing to remove the child from a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child.

How old must a child be to be left home alone?

How old must a child be to be left home alone? Answer: To my knowledge there is not one specific law that clearly and definately addresses that issue. Supervision of children is basic to the prevention of harm. Adequate supervision means an adult caregiver is accountable for the child's care. There are several factors that should be taken into consideration when deciding how closely to supervise a child, including: the age, emotional maturity and capability of the child; layout and safety of the home, play area, or other setting; neighborhood circumstances, hazards, and risks; the child's ability to respond to illness, fire, weather, or other types of emergencies; and whether the child has a mental, physical, or medical disability. The number of children left unsupervised, the accessibility to other responsible adults, the length of time or frequency with which the child is left alone, and the child's knowledge of the parent's whereabouts are additional relevant factors.

What is a protective order?

A protective order is a court order that can protect you from someone who has been violent or threatened to be violent.

Go to www.TexasLawHelp.org for a free protective order kit.

Also, in Harris County you can call the District Attorney's office and if accepted, they will do your protective order for FREE.

If you are served with a document asking for a protective order against you, I strongly urge you to IMMEDIATELY retain legal counsel.

Houston Bar Association's Legal Lines

On the first and third Wednesday of every month from 5 - 9 p.m. you can talk to a volunteer & anonymous attorney. Vietnamese Legal Line is the third Tuesday of each month from 5 - 7 p.m. Spanish Legal Line is the first Thursday of each month from 6 - 8 p.m. Same phone number -- 713-759-1133

Scott Cluthe

My good friend, Scott Cluthe, has a great radio program week-ends on SIRIUS Satellite Radio. http://www.sirius.com or visit his personal website at http://www.evoradio.net I was on his radio show through BIZ radio (Dallas & Houston) several times and he makes it look so easy!

Copyright Information

Here is some basic copyright information. I am NOT a copyright attorney so please verify this information before relying on it! Copyrights are filed on things called "intellectual property". A copyright protects your right to control the sale, use of distribtuion and royalities from a creation in thought, music, films, art, or books (also known as "intellectual property"). It is an automatic form of protection for authors of published and unpublished original works of authorship. The "concrete form of expression"is protected but the subject matter is NOT protected. Since a copyright is automatic when a work is created, registration is NOT required for protection. However, there are many advantages to registration of a copyright. It is approx. $50 for each item that you want to register. If something is registered within 5 years of the original publication date, it established what is called "prima facie evidence" of its validity (also known as it is valid on its face) and can be helpful in a court case (also known as a lawsuit). Generally, the intellectual property is protected for the life of the author plus 70 years after the author's death. You can get free information from the Library of Congress' U. s. Copyright Office in Washington, D.C. I believe their website is www.copyright.gov. You might also try www.loc.gov/copyright/rb.html. If you want to copyright or trademark something, please consult an experienced attorney in this field. It is an evolving field due to litigation and advances in technology.

Some of the things courts consider regarding "best interest" of a minor child in Texas

BEST INTEREST OF CHILD. The Court will consider the following when thinking about a child's best interests: 1. the child's safety 2. is the home a safe, clean and stable environment for the child? 3. a child's age & their sex 4. a child's physical and mental needs - does the child have any "special" needs? 5. has the child ever been a victim of any harm in the past? 6. is the child fearful of living with the parent or returning home? 7. the results of psychiatric, psychological or development evaluations of the child, parents and anyone who has access to the child's home. 8. if there is a history of any abuse or assault regarding the child or a sibling, is that "accused" abuser going to have access to the child or the child's home? 9. history of any substance abuse by the child's family or others who have access to the child's home. 10. willingness of the child's family to seek out, accept and complete counseling services. 11. how the parents cooperative with counseling 12. the parent's parenting skills 13. is the parent willing to provide a positive & loving environment for the child? 14. adequate health and nutritional care 15. adequate medical & dental care 16. appropriate discipline with the child's physical and psychological development 17. guidance and supervision for the child's safety 18. parent's involvement in the child's education 19. understanding the child's needs and capacities 20. extended family and friends and the social support system in place to nuture the child's development 21. the parents relationship when working together to raise the child 22. stability of the parents; and 23. maturity of the parents - are they interested in what they want or what is best for the child? The above is just a short list of the types of things that Judges consider when handling cases involving minor children.

Review of placement of Children under Care of Dept. of Protective and Regulatory Services

REVIEW OF PLACEMENT OF CHILDREN UNDER CARE OF DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES MY COMMENT: DEPT. OF PROTECTIVE & REGULATORY SERVICES IS KNOWN COMMONLY ON THE STREET AS CPS. SUBCHAPTER A. GENERAL PROVISIONS Sec. 263.001. DEFINITIONS. (a) In this chapter: (1) "Department" means the Department of Family and Protective Services. (2) "Child's home" means the place of residence of at least one of the child's parents. (3) "Household" means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other. (4) "Substitute care" means the placement of a child who is in the conservatorship of the department or an authorized agency in care outside the child's home. The term includes foster care, institutional care, adoption, or placement with a relative of the child. (b) In the preparation and review of a service plan under this chapter, a reference to the parents of the child includes both parents of the child unless the child has only one parent or unless, after due diligence by the department in attempting to locate a parent, only one parent is located, in which case the reference is to the remaining parent. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 108, eff. Sept. 1, 1995; Acts 2005, 79th Leg., ch. 268, Sec. 1.36, eff. Sept. 1, 2005. Sec. 263.002. REVIEW OF PLACEMENTS BY COURT. In a suit affecting the parent-child relationship in which the department or an authorized agency has been appointed by the court or designated in an affidavit of relinquishment of parental rights as the temporary or permanent managing conservator of a child, the court shall hold a hearing to review the conservatorship appointment and substitute care. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 109, eff. Sept. 1, 1995. Sec. 263.005. ENFORCEMENT OF FAMILY SERVICE PLAN. The department shall designate existing department personnel to ensure that the parties to a family service plan comply with the plan. Added by Acts 1995, 74th Leg., ch. 943, Sec. 5, eff. Sept. 1, 1995. MY COMMENT: EACH FAMILY MUST HAVE A FAMILY SERVICE PLAN & EVERYONE MUST COMPLY WITH THE PLAN -- WHETHER YOU AGREE WITH IT OR NOT! Sec. 263.006. WARNING TO PARENTS. At the status hearing under Subchapter C and at each permanency hearing under Subchapter D held after the court has rendered a temporary order appointing the department as temporary managing conservator, the court shall inform each parent in open court that parental and custodial rights and duties may be subject to restriction or to termination unless the parent or parents are willing and able to provide the child with a safe environment. Added by Acts 1997, 75th Leg., ch. 600, Sec. 6, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 603, Sec. 2, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 80, eff. Jan. 1, 1998. MY COMMENT: WHAT THIS MEANS THAT IF YOU SHOW UP TO A PERMANCY HEARING, THE JUDGE IS ORDERED TO INFORM YOU ORALLY THAT YOUR PARENTAL RIGHTS MAY BE TERMINATED! IF YOU ARE CRYING OR LEAVE THE COURTROOM (SAY TO GO TO THE BATHROOM) & DON'T HEAR THE JUDGE MAKE THE STATEMENT -- TOUGH LUCK! SUBCHAPTER B. SERVICE PLAN Sec. 263.101. DEPARTMENT TO FILE SERVICE PLAN. Not later than the 45th day after the date the court renders a temporary order appointing the department as temporary managing conservator of a child under Chapter 262, the department or other agency appointed as the managing conservator of a child shall file a service plan. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 24, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 43, eff. Sept. 1, 1999. Sec. 263.1015. SERVICE PLAN NOT REQUIRED. A service plan is not required under this subchapter in a suit brought by the department for the termination of the parent-child relationship for a child who has been abandoned without identification and whose identity cannot be determined. Added by Acts 1997, 75th Leg., ch. 600, Sec. 7, eff. Jan. 1, 1998. MY COMMENT: A PARENTAL TERMINATION CAN BE DONE WITHOUT NOTIFYING THE PARENT IF THE CHILD HAS BEEN ABANDONDED. IF THE MOTHER NEVER SAID WHO THE FATHER OF THE CHILD IS, THEN THE MAN WANTING TO BE BE DAD (OR THINKS HE IS THE DAD) WILL NOT BE NOTIFIED THAT HIS PARENTAL RIGHTS ARE GOING TO BE TERMINATED. Sec. 263.102. SERVICE PLAN; CONTENTS. (a) The service plan must: (1) be specific; (2) be in writing in a language that the parents understand, or made otherwise available; (3) be prepared by the department or other agency in conference with the child's parents; (4) state appropriate deadlines; (5) state whether the goal of the plan is: (A) return of the child to the child's parents; (B) termination of parental rights and placement of the child for adoption; or (C) because of the child's special needs or exceptional circumstances, continuation of the child's care out of the child's home; (6) state steps that are necessary to: (A) return the child to the child's home if the placement is in foster care; (B) enable the child to remain in the child's home with the assistance of a service plan if the placement is in the home under the department's or other agency's supervision; or (C) otherwise provide a permanent safe placement for the child; (7) state the actions and responsibilities that are necessary for the child's parents to take to achieve the plan goal during the period of the service plan and the assistance to be provided to the parents by the department or other authorized agency toward meeting that goal; (8) state any specific skills or knowledge that the child's parents must acquire or learn, as well as any behavioral changes the parents must exhibit, to achieve the plan goal; (9) state the actions and responsibilities that are necessary for the child's parents to take to ensure that the child attends school and maintains or improves the child's academic compliance; (10) state the name of the person with the department or other agency whom the child's parents may contact for information relating to the child if other than the person preparing the plan; and (11) prescribe any other term or condition that the department or other agency determines to be necessary to the service plan's success. (b) The service plan shall include the following statement: TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. ITS PURPOSE IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. IF YOU ARE UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE ENVIRONMENT, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU. THERE WILL BE A COURT HEARING AT WHICH A JUDGE WILL REVIEW THIS SERVICE PLAN. (c) If both parents are available but do not live in the same household and do not agree to cooperate with one another in the development of a service plan for the child, the department in preparing the service plan may provide for the care of the child in the home of either parent or the homes of both parents as the best interest of the child requires. (d) The department or other authorized entity must write the service plan in a manner that is clear and understandable to the parent in order to facilitate the parent's ability to follow the requirements of the service plan. (e) Regardless of whether the goal stated in a child's service plan as required under Subsection (a)(5) is to return the child to the child's parents or to terminate parental rights and place the child for adoption, the department shall concurrently provide to the child and the child's family, as applicable: (1) time-limited family reunification services as defined by 42 U.S.C. Section 629a for a period not to exceed the period within which the court must render a final order in or dismiss the suit affecting the parent-child relationship with respect to the child as provided by Subchapter E; and (2) adoption promotion and support services as defined by 42 U.S.C. Section 629a. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 2005, 79th Leg., ch. 268, Sec. 1.38(a), eff. Sept. 1, 2005. Sec. 263.103. SERVICE PLAN: SIGNING AND TAKING EFFECT. (a) Before the service plan is signed, the child's parents and the representative of the department or other agency shall discuss each term and condition of the plan. (b) The child's parents and the person preparing the service plan shall sign the plan, and the department shall give each parent a copy of the service plan. (c) If the department or other authorized agency determines that the child's parents are unable or unwilling to sign the service plan, the department may file the plan without the parents' signatures. (d) The plan takes effect when: (1) the child's parents and the appropriate representative of the department or other authorized agency sign the plan; or (2) the department or other authorized agency files the plan without the parents' signatures. (e) The service plan is in effect until amended by the court. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. MY COMMENT: PLEASE BE AWARE THAN A SERVICE PLAN MAY BE AMENDED AT ANY TIME! Sec. 263.104. AMENDED SERVICE PLAN. (a) The service plan may be amended at any time. (b) The amended service plan supersedes the previously filed service plan and takes effect when: (1) the child's parents and the appropriate representative of the department or other authorized agency sign the plan; or (2) the department or other authorized agency determines that the child's parents are unable or unwilling to sign the amended plan and files it without the parents' signatures. (c) The amended service plan remains in effect until amended by the court. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Sec. 263.105. REVIEW OF SERVICE PLAN. (a) The service plan currently in effect shall be filed with the court. (b) The court shall review the plan at the next required hearing under this chapter after the plan is filed. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1999, 76th Leg., ch. 1150, Sec. 25, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 44, eff. Sept. 1, 1999. Sec. 263.106. COURT IMPLEMENTATION OF SERVICE PLAN. The court may render appropriate orders to implement or require compliance with an original or amended service plan. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. SUBCHAPTER C. STATUS HEARING Sec. 263.201. STATUS HEARING; TIME. (a) Not later than the 60th day after the date the court renders a temporary order appointing the department as temporary managing conservator of a child, the court shall hold a status hearing to review the child's status and the service plan developed for the child. (b) A status hearing is not required if the court holds an initial permanency hearing under Section 262.2015 before the date a status hearing is required by this section. (c) The court shall require each parent, alleged father, or relative of the child before the court to submit the proposed child placement resources form provided under Section 261.307 at the status hearing, if the form has not previously been submitted. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 600, Sec. 8, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 603, Sec. 3, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 81, eff. Jan. 1, 1998; Acts 1999, 76th Leg., ch. 1150, Sec. 26, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 45, eff. Sept. 1, 1999; Acts 2005, 79th Leg., ch. 268, Sec. 1.37(a), eff. Sept. 1, 2005. Sec. 263.202. STATUS HEARING; FINDINGS. (a) If all parties entitled to citation and notice under this chapter were not served, the court shall make findings as to whether: (1) the department or other agency has exercised due diligence to locate all necessary persons; and (2) each custodial parent, alleged father, or relative of the child before the court has furnished to the department all available information necessary to locate another absent parent, alleged father, or relative of the child through exercise of due diligence. (b) Except as provided by Subsection (e), a status hearing shall be limited to matters related to the contents and execution of the service plan filed with the court. The court shall review the service plan that the department or other agency filed under this chapter for reasonableness, accuracy, and compliance with requirements of court orders and make findings as to whether: (1) a plan that has the goal of returning the child to the child's parents adequately ensures that reasonable efforts are made to enable the child's parents to provide a safe environment for the child; and (2) the child's parents have reviewed and understand the service plan and have been advised that unless the parents are willing and able to provide the child with a safe environment, even with the assistance of a service plan, within the reasonable period of time specified in the plan, the parents' parental and custodial duties and rights may be subject to restriction or to termination under this code or the child may not be returned to the parents. (c) The court shall advise the parties that progress under the service plan will be reviewed at all subsequent hearings, including a review of whether the parties have acquired or learned any specific skills or knowledge stated in the service plan. (d) If a service plan with respect to a parent has not been filed with the court, the court shall consider whether to waive the service plan under Section 262.2015. (e) At the status hearing, the court shall make a finding as to whether the court has identified the individual who has the right to consent for the child under Section 266.003. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 111, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1150, Sec. 27, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1390, Sec. 46, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 306, Sec. 2, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 268, Sec. 1.38(b), 1.39, eff. Sept. 1, 2005. SUBCHAPTER D. PERMANENCY HEARINGS Sec. 263.301. NOTICE. (a) Notice of a permanency hearing shall be given as provided by Rule 21a, Texas Rules of Civil Procedure, to all persons entitled to notice of the hearing. (b) The following persons are entitled to at least 10 days' notice of a permanency hearing and are entitled to present evidence and be heard at the hearing: (1) the department; (2) the foster parent, preadoptive parent, relative of the child providing care, or director of the group home or institution where the child is residing; (3) each parent of the child; (4) the managing conservator or guardian of the child; (5) an attorney ad litem appointed for the child under Chapter 107; (6) a volunteer advocate appointed for the child under Chapter 107; and (7) any other person or agency named by the court to have an interest in the child's welfare. (c) If a person entitled to notice under Chapter 102 or this section has not been served, the court shall review the department's or other agency's efforts at attempting to locate all necessary persons and requesting service of citation and the assistance of a parent in providing information necessary to locate an absent parent. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 600, Sec. 10, eff. Jan 1, 1998; Acts 1997, 75th Leg., ch. 603, Sec. 5, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 83, eff. Jan. 1, 1998; Acts 2001, 77th Leg., ch. 849, Sec. 6, eff. Sept. 1, 2001. Sec. 263.302. CHILD'S ATTENDANCE AT HEARING. The child shall attend each permanency hearing unless the court specifically excuses the child's attendance. Failure by the child to attend a hearing does not affect the validity of an order rendered at the hearing. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 600, Sec. 11, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 603, Sec. 6, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 84, eff. Jan. 1, 1998. Sec. 263.3025. PERMANENCY PLAN. (a) The department shall prepare a permanency plan for a child for whom the department has been appointed temporary managing conservator. The department shall give a copy of the plan to each person entitled to notice under Section 263.301(b) not later than the 10th day before the date of the child's first permanency hearing. (b) In addition to the requirements of the department rules governing permanency planning, the permanency plan must contain the information required to be included in a permanency progress report under Section 263.303. (c) The department shall modify the permanency plan for a child as required by the circumstances and needs of the child. (d) Repealed by Acts 2005, 79th Leg., ch. 620, Sec. 3. Added by Acts 1997, 75th Leg., ch. 600, Sec. 12, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 603, Sec. 7, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 85, eff. Jan. 1, 1998. Amended by Acts 2001, 77th Leg., ch. 809, Sec. 5, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 620, Sec. 3, eff. Sept. 1, 2005. Sec. 263.303. PERMANENCY PROGRESS REPORT. (a) Not later than the 10th day before the date set for each permanency hearing other than the first permanency hearing, the department or other authorized agency shall file with the court and provide to each party, the child's attorney ad litem, the child's guardian ad litem, and the child's volunteer advocate a permanency progress report unless the court orders a different period for providing the report. (b) The permanency progress report must: (1) recommend that the suit be dismissed; or (2) recommend that the suit continue, and: (A) identify the date for dismissal of the suit under this chapter; (B) provide: (i) the name of any person entitled to notice under Chapter 102 who has not been served; (ii) a description of the efforts by the department or another agency to locate and request service of citation; and (iii) a description of each parent's assistance in providing information necessary to locate an unserved party; (C) evaluate the parties' compliance with temporary orders and with the service plan; (D) evaluate whether the child's placement in substitute care meets the child's needs and recommend other plans or services to meet the child's special needs or circumstances; (E) describe the permanency plan for the child and recommend actions necessary to ensure that a final order consistent with that permanency plan is rendered before the date for dismissal of the suit under this chapter; and (F) with respect to a child 16 years of age or older, identify the services needed to assist the child in the transition to adult life. (c) A parent whose parental rights are the subject of a suit affecting the parent-child relationship, the attorney for that parent, or the child's attorney ad litem or guardian ad litem may file a response to the department's or other agency's report filed under Subsection (b). A response must be filed not later than the third day before the date of the hearing. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 112, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 600, Sec. 13, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 603, Sec. 8, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 86, eff. Jan. 1, 1998; Acts 2005, 79th Leg., ch. 172, Sec. 24, eff. Sept. 1, 2005. Sec. 263.304. INITIAL PERMANENCY HEARING; TIME. (a) Not later than the 180th day after the date the court renders a temporary order appointing the department as temporary managing conservator of a child, the court shall hold a permanency hearing to review the status of, and permanency plan for, the child to ensure that a final order consistent with that permanency plan is rendered before the date for dismissal of the suit under this chapter. (b) The court shall set a final hearing under this chapter on a date that allows the court to render a final order before the date for dismissal of the suit under this chapter. Any party to the suit or an attorney ad litem for the child may seek a writ of mandamus to compel the court to comply with the duties imposed by this subsection. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 113, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 600, Sec. 14, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 603, Sec. 9, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 87, eff. Jan. 1, 1998; Acts 2001, 77th Leg., ch. 1090, Sec. 7, eff. Sept. 1, 2001. Sec. 263.305. SUBSEQUENT PERMANENCY HEARINGS. A subsequent permanency hearing before entry of a final order shall be held not later than the 120th day after the date of the last permanency hearing in the suit. For good cause shown or on the court's own motion, the court may order more frequent hearings. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 600, Sec. 15, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 603, Sec. 10, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 88, eff. Jan. 1, 1998. Sec. 263.306. PERMANENCY HEARINGS: PROCEDURE. (a) At each permanency hearing the court shall: (1) identify all persons or parties present at the hearing or those given notice but failing to appear; (2) review the efforts of the department or another agency in: (A) attempting to locate all necessary persons; (B) requesting service of citation; and (C) obtaining the assistance of a parent in providing information necessary to locate an absent parent, alleged father, or relative of the child; (3) review the efforts of each custodial parent, alleged father, or relative of the child before the court in providing information necessary to locate another absent parent, alleged father, or relative of the child; (4) return the child to the parent or parents if the child's parent or parents are willing and able to provide the child with a safe environment and the return of the child is in the child's best interest; (5) place the child with a person or entity, other than a parent, entitled to service under Chapter 102 if the person or entity is willing and able to provide the child with a safe environment and the placement of the child is in the child's best interest; (6) evaluate the department's efforts to identify relatives who could provide the child with a safe environment, if the child is not returned to a parent or another person or entity entitled to service under Chapter 102; (7) evaluate the parties' compliance with temporary orders and the service plan; (8) determine whether: (A) the child continues to need substitute care; (B) the child's current placement is appropriate for meeting the child's needs, including with respect to a child who has been placed outside of the state, whether that placement continues to be in the best interest of the child; and (C) other plans or services are needed to meet the child's special needs or circumstances; (9) if the child is placed in institutional care, determine whether efforts have been made to ensure placement of the child in the least restrictive environment consistent with the best interest and special needs of the child; (10) if the child is 16 years of age or older, order services that are needed to assist the child in making the transition from substitute care to independent living if the services are available in the community; (11) determine plans, services, and further temporary orders necessary to ensure that a final order is rendered before the date for dismissal of the suit under this chapter; and (12) determine the date for dismissal of the suit under this chapter and give notice in open court to all parties of: (A) the dismissal date; (B) the date of the next permanency hearing; and (C) the date the suit is set for trial. (b) The court shall also review the service plan, permanency report, and other information submitted at the hearing to: (1) determine: (A) the safety of the child; (B) the continuing necessity and appropriateness of the placement; (C) the extent of compliance with the case plan; and (D) the extent of progress that has been made toward alleviating or mitigating the causes necessitating the placement of the child in foster care; and (E) whether the department has made reasonable efforts to finalize the permanency plan that is in effect for the child; and (2) project a likely date by which the child may be returned to and safely maintained in the child's home, placed for adoption, or placed in permanent managing conservatorship. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 114, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 600, Sec. 16, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 603, Sec. 11, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 89, eff. Jan. 1, 1998; Acts 1999, 76th Leg., ch. 1390, Sec. 47, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 306, Sec. 3, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 849, Sec. 7, eff. Sept. 1, 2001. Sec. 263.307. FACTORS IN DETERMINING BEST INTEREST OF CHILD. (a) In considering the factors established by this section, the prompt and permanent placement of the child in a safe environment is presumed to be in the child's best interest. (b) The following factors should be considered by the court, the department, and other authorized agencies in determining whether the child's parents are willing and able to provide the child with a safe environment: (1) the child's age and physical and mental vulnerabilities; (2) the frequency and nature of out-of-home placements; (3) the magnitude, frequency, and circumstances of the harm to the child; (4) whether the child has been the victim of repeated harm after the initial report and intervention by the department or other agency; (5) whether the child is fearful of living in or returning to the child's home; (6) the results of psychiatric, psychological, or developmental evaluations of the child, the child's parents, other family members, or others who have access to the child's home; (7) whether there is a history of abusive or assaultive conduct by the child's family or others who have access to the child's home; (8) whether there is a history of substance abuse by the child's family or others who have access to the child's home; (9) whether the perpetrator of the harm to the child is identified; (10) the willingness and ability of the child's family to seek out, accept, and complete counseling services and to cooperate with and facilitate an appropriate agency's close supervision; (11) the willingness and ability of the child's family to effect positive environmental and personal changes within a reasonable period of time; (12) whether the child's family demonstrates adequate parenting skills, including providing the child and other children under the family's care with: (A) minimally adequate health and nutritional care; (B) care, nurturance, and appropriate discipline consistent with the child's physical and psychological development; (C) guidance and supervision consistent with the child's safety; (D) a safe physical home environment; (E) protection from repeated exposure to violence even though the violence may not be directed at the child; and (F) an understanding of the child's needs and capabilities; and (13) whether an adequate social support system consisting of an extended family and friends is available to the child. (c) In the case of a child 16 years of age or older, the following guidelines should be considered by the court in determining whether to adopt the permanency plan submitted by the department: (1) whether the permanency plan submitted to the court includes the services planned for the child to make the transition from foster care to independent living; and (2) whether this transition is in the best interest of the child. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. SUBCHAPTER E. FINAL ORDER FOR CHILD UNDER DEPARTMENT CARE Sec. 263.401. DISMISSAL AFTER ONE YEAR; EXTENSION. (a) Unless the court has rendered a final order or granted an extension under Subsection (b), on the first Monday after the first anniversary of the date the court rendered a temporary order appointing the department as temporary managing conservator, the court shall dismiss the suit affecting the parent-child relationship filed by the department that requests termination of the parent-child relationship or requests that the department be named conservator of the child. (b) The court may not retain the suit on the court's docket after the time described by Subsection (a) unless the court finds that extraordinary circumstances necessitate the child remaining in the temporary managing conservatorship of the department and that continuing the appointment of the department as temporary managing conservator is in the best interest of the child. If the court makes those findings, the court may retain the suit on the court's docket for a period not to exceed 180 days after the time described by Subsection (a). If the court retains the suit on the court's docket, the court shall render an order in which the court: (1) schedules the new date for dismissal of the suit not later than the 180th day after the time described by Subsection (a); (2) makes further temporary orders for the safety and welfare of the child as necessary to avoid further delay in resolving the suit; and (3) sets a final hearing on a date that allows the court to render a final order before the required date for dismissal of the suit under this subsection. (c) If the court grants an extension but does not render a final order or dismiss the suit on or before the required date for dismissal under Subsection (b), the court shall dismiss the suit. The court may not grant an additional extension that extends the suit beyond the required date for dismissal under Subsection (b). (d) For purposes of this section, a final order is an order that: (1) requires that a child be returned to the child's parent; (2) names a relative of the child or another person as the child's managing conservator; (3) without terminating the parent-child relationship, appoints the department as the managing conservator of the child; or (4) terminates the parent-child relationship and appoints a relative of the child, another suitable person, or the department as managing conservator of the child. Added by Acts 1997, 75th Leg., ch. 600, Sec. 17, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 603, Sec. 12, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 90, eff. Jan. 1, 1998. Amended by Acts 2001, 77th Leg., ch. 1090, Sec. 8, eff. Sept. 1, 2001; Acts 2005, 79th Leg., ch. 268, Sec. 1.40, eff. Sept. 1, 2005. Sec. 263.402. LIMIT ON EXTENSION; WAIVER. (a) The parties to a suit under this chapter may not extend the deadlines set by the court under this subchapter by agreement or otherwise. (b) A party to a suit under this chapter who fails to make a timely motion to dismiss the suit or to make a motion requesting the court to render a final order before the deadline for dismissal under this subchapter waives the right to object to the court's failure to dismiss the suit. A motion to dismiss under this subsection is timely if the motion is made before the department has introduced all of the department's evidence, other than rebuttal evidence, at the trial on the merits. Added by Acts 1997, 75th Leg., ch. 600, Sec. 17, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 603, Sec. 12, eff. Jan. 1, 1997; Acts 1997, 75th Leg., ch. 1022, Sec. 90, eff. Jan. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1390, Sec. 48, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1090, Sec. 9, eff. Sept. 1, 2001. Sec. 263.403. MONITORED RETURN OF CHILD TO PARENT. (a) Notwithstanding Section 263.401, the court may retain jurisdiction and not dismiss the suit or render a final order as required by that section if the court renders a temporary order that: (1) finds that retaining jurisdiction under this section is in the best interest of the child; (2) orders the department to return the child to the child's parent; (3) orders the department to continue to serve as temporary managing conservator of the child; and (4) orders the department to monitor the child's placement to ensure that the child is in a safe environment. (b) If the court renders an order under this section, the court shall: (1) include in the order specific findings regarding the grounds for the order; and (2) schedule a new date, not later than the 180th day after the date the temporary order is rendered, for dismissal of the suit. (c) If a child placed with a parent under this section must be moved from that home by the department before the dismissal of the suit or the rendering of a final order, the court shall, at the time of the move, schedule a new date for dismissal of the suit. The new dismissal date may not be later than the original dismissal date established under Section 263.401 or the 180th day after the date the child is moved under this subsection, whichever date is later. (d) If the court renders an order under this section, the court must include in the order specific findings regarding the grounds for the order. Added by Acts 1997, 75th Leg., ch. 600, Sec. 17, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 603, Sec. 12, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 90, eff. Jan. 1, 1998. Renumbered from V.T.C.A., Family Code Sec. 263.402 by Acts 2001, 77th Leg., ch. 1090, Sec. 9, eff. Sept. 1, 2001. Sec. 263.404. FINAL ORDER APPOINTING DEPARTMENT AS MANAGING CONSERVATOR WITHOUT TERMINATING PARENTAL RIGHTS. (a) The court may render a final order appointing the department as managing conservator of the child without terminating the rights of the parent of the child if the court finds that: (1) appointment of a parent as managing conservator would not be in the best interest of the child because the appointment would significantly impair the child's physical health or emotional development; and (2) it would not be in the best interest of the child to appoint a relative of the child or another person as managing conservator. (b) In determining whether the department should be appointed as managing conservator of the child without terminating the rights of a parent of the child, the court shall take the following factors into consideration: (1) that the child will reach 18 years of age in not less than three years; (2) that the child is 12 years of age or older and has expressed a strong desire against termination or being adopted; (3) that the child has special medical or behavioral needs that make adoption of the child unlikely; and (4) the needs and desires of the child. Added by Acts 1997, 75th Leg., ch. 600, Sec. 17, eff. Sept. 1, 1997. Renumbered from V.T.C.A., Family Code Sec. 263.403 by Acts 2001, 77th Leg., ch. 1090, Sec. 9, eff. Sept. 1, 2001. Sec. 263.405. APPEAL OF FINAL ORDER. (a) An appeal of a final order rendered under this subchapter is governed by the rules of the supreme court for accelerated appeals in civil cases and the procedures provided by this section. The appellate court shall render its final order or judgment with the least possible delay. (b) Not later than the 15th day after the date a final order is signed by the trial judge, a party intending to appeal the order must file with the trial court a statement of the point or points on which the party intends to appeal. The statement may be combined with a motion for a new trial. (c) A motion for a new trial, a request for findings of fact and conclusions of law, or any other post-trial motion in the trial court does not extend the deadline for filing a notice of appeal under Rule 26.1(b), Texas Rules of Appellate Procedure, or the deadline for filing an affidavit of indigence under Rule 20, Texas Rules of Appellate Procedure. (d) The trial court shall hold a hearing not later than the 30th day after the date the final order is signed to determine whether: (1) a new trial should be granted; (2) a party's claim of indigence, if any, should be sustained; and (3) the appeal is frivolous as provided by Section 13.003(b), Civil Practice and Remedies Code. (e) If a party claims indigency and requests the appointment of an attorney, the court shall require the person to file an affidavit of indigency and shall hear evidence to determine the issue of indigency. If the court does not render a written order denying the claim of indigence or requiring the person to pay partial costs before the 36th day after the date the final order being appealed is signed, the court shall consider the person to be indigent and shall appoint counsel to represent the person. (f) The appellate record must be filed in the appellate court not later than the 60th day after the date the final order is signed by the trial judge, unless the trial court, after a hearing, grants a new trial or denies a request for a trial court record at no cost. (g) The appellant may appeal the court's order denying the appellant's claim of indigence or the court's finding that the appeal is frivolous by filing with the appellate court the reporter's record and clerk's record of the hearing held under this section, both of which shall be provided without advance payment, not later than the 10th day after the date the court makes the decision. The appellate court shall review the records and may require the parties to file appellate briefs on the issues presented, but may not hear oral argument on the issues. The appellate court shall render appropriate orders after reviewing the records and appellate briefs, if any. (h) Except on a showing of good cause, the appellate court may not extend the time for filing a record or appellate brief. (i) The appellate court may not consider any issue that was not specifically presented to the trial court in a timely filed statement of the points on which the party intends to appeal or in a statement combined with a motion for new trial. For purposes of this subsection, a claim that a judicial decision is contrary to the evidence or that the evidence is factually or legally insufficient is not sufficiently specific to preserve an issue for appeal. Added by Acts 2001, 77th Leg., ch. 1090, Sec. 9, eff. Sept. 1, 2001. Amended by Acts 2005, 79th Leg., ch. 176, Sec. 1, eff. Sept. 1, 2005. Sec. 263.406. COURT INFORMATION SYSTEM. The Office of Court Administration of the Texas Judicial System shall consult with the courts presiding over cases brought by the department for the protection of children to develop an information system to track compliance with the requirements of this subchapter for the timely disposition of those cases. Renumbered from V.T.C.A., Family Code Sec. 263.404 by Acts 2001, 77th Leg., ch. 1090, Sec. 9, eff. Sept. 1, 2001. Sec. 263.407. FINAL ORDER APPOINTING DEPARTMENT AS MANAGING CONSERVATOR OF CERTAIN ABANDONED CHILDREN; TERMINATION OF PARENTAL RIGHTS. (a) There is a rebuttable presumption that a parent who delivers a child to a designated emergency infant care provider in accordance with Subchapter D, Chapter 262: (1) is the child's biological parent; and (2) intends to relinquish parental rights and consents to the termination of parental rights with regard to the child. (a-1) A party that seeks to rebut a presumption in Subsection (a) may do so at any time before the parent-child relationship is terminated with regard to the child. (b) If a person claims to be the parent of a child taken into possession under Subchapter D, Chapter 262, before the court renders a final order terminating the parental rights of the child's parents, the court shall order genetic testing for parentage determination unless parentage has previously been established. The court shall hold the petition for termination of the parent-child relationship in abeyance for a period not to exceed 60 days pending the results of the genetic testing. (c) Before filing a petition to terminate the parental rights with regard to a child taken into the department's custody under Section 262.303, the department must: (1) verify with the National Crime Information Center and state and local law enforcement agencies that the child is not a missing child; and (2) obtain a certificate of the search of the paternity registry under Subchapter E, Chapter 160, not earlier than the date the department estimates to be the 30th day after the child's date of birth. Added by Acts 2001 77th Leg., ch. 809, Sec. 6, eff. Sept. 1, 2001. Renumbered from V.T.C.A., Family Code Sec. 263.405 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(54), eff. Sept. 1, 2003. Amended by Acts 2005, 79th Leg., ch. 620, Sec. 2, eff. Sept. 1, 2005. SUBCHAPTER F. PLACEMENT REVIEW HEARINGS Sec. 263.501. PLACEMENT REVIEW AFTER FINAL ORDER. (a) If the department has been named as a child's managing conservator in a final order that does not include termination of parental rights, the court shall conduct a placement review hearing at least once every six months until the child becomes an adult. (b) If the department has been named as a child's managing conservator in a final order that terminates a parent's parental rights, the court shall conduct a placement review hearing at least once every six months until the date the child is adopted or the child becomes an adult. (c) Notice of a placement review hearing shall be given as provided by Rule 21a, Texas Rules of Civil Procedure, to each person entitled to notice of the hearing. (d) The following are entitled to not less than 10 days' notice of a placement review hearing: (1) the department; (2) the foster parent, preadoptive parent, relative of the child providing care, or director of the group home or institution in which the child is residing; (3) each parent of the child; (4) each possessory conservator or guardian of the child; (5) the child's attorney ad litem and volunteer advocate, if the appointments were not dismissed in the final order; and (6) any other person or agency named by the court as having an interest in the child's welfare. (e) The court may dispense with the requirement that the child attend a placement review hearing. Added by Acts 1997, 75th Leg., ch. 600, Sec. 17, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 603, Sec. 12, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 90, eff. Jan. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 849, Sec. 8, eff. Sept. 1, 2001. Sec. 263.502. PLACEMENT REVIEW REPORT. (a) Not later than the 10th day before the date set for a placement review hearing, the department or other authorized agency shall file a placement review report with the court and provide a copy to each person entitled to notice under Section 263.501(d). (b) For good cause shown, the court may order a different time for filing the placement review report or may order that a report is not required for a specific hearing. (c) The placement review report must: (1) evaluate whether the child's current placement is appropriate for meeting the child's needs; (2) evaluate whether efforts have been made to ensure placement of the child in the least restrictive environment consistent with the best interest and special needs of the child if the child is placed in institutional care; (3) contain a discharge plan for a child who is at least 16 years of age that identifies the services and specific tasks that are needed to assist the child in making the transition from substitute care to adult living and describes the services that are available through the Preparation for Adult Living Program operated by the department; (4) evaluate whether the child's current educational placement is appropriate for meeting the child's academic needs; (5) identify other plans or services that are needed to meet the child's special needs or circumstances; and (6) describe the efforts of the department or authorized agency to place the child for adoption if parental rights to the child have been terminated and the child is eligible for adoption, including efforts to provide adoption promotion and support services as defined by 42 U.S.C. Section 629a and other efforts consistent with the federal Adoption and Safe Families Act of 1997 (Pub. L. No. 105-89). Added by Acts 1997, 75th Leg., ch. 600, Sec. 17, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 603, Sec. 12, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 90, eff. Jan. 1, 1998. Amended by Acts 2005, 79th Leg., ch. 268, Sec. 1.41(a), eff. Sept. 1, 2005. Sec. 263.503. PLACEMENT REVIEW HEARINGS; PROCEDURE. A t each placement review hearing, the court shall determine whether: (1) the child's current placement is necessary, safe, and appropriate for meeting the child's needs, including with respect to a child placed outside of the state, whether the placement continues to be appropriate and in the best interest of the child; (2) efforts have been made to ensure placement of the child in the least restrictive environment consistent with the best interest and special needs of the child if the child is placed in institutional care; (3) the services that are needed to assist a child who is at least 16 years of age in making the transition from substitute care to independent living are available in the community; (4) other plans or services are needed to meet the child's special needs or circumstances; (5) the department or authorized agency has exercised due diligence in attempting to place the child for adoption if parental rights to the child have been terminated and the child is eligible for adoption; and (6) the department or authorized agency has made reasonable efforts to finalize the permanency plan that is in effect for the child. Added by Acts 1997, 75th Leg., ch. 600, Sec. 17, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 603, Sec. 12, eff. Jan. 1, 1998; Acts 1997, 75th Leg., ch. 1022, Sec. 90, eff. Jan. 1, 1998. Amended by Acts 2001, 77th Leg., ch. 849, Sec. 9, eff. Sept. 1, 2001.