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.