If you are unmarried and own real estate with someone else I suggest that you consider signing and filing with the real estate records of your county a documetn called a SURVIVORSHIP AGREEMENT that states that the survivor of the relationship owns the property 100%.
That means that it does NOT belong part of the person's estate.
The property passes directly to the other person WITHOUT a will to the other owner.
I sell this form for $250 and then I file it at the courthouse in Harris County to make sure that its recorded.
Tuesday, June 22, 2010
Monday, June 21, 2010
The certified letter I sent was refused - what do I do now?
1. Keep this certified letter in a safe place. In fact, put it in a zip-lock storage bag to keep it clean and safe.
2. Do NOT open it. Do not tamper with it in any way.
3. DO NOT WRITE ON THE ENVELOPE!
4. You now have evidence to present to the Judge at a future hearing.
5. Let the Judge open it when you go to Court. The Judge can then determine what the letter (or package) contained when you originally mailed it.
2. Do NOT open it. Do not tamper with it in any way.
3. DO NOT WRITE ON THE ENVELOPE!
4. You now have evidence to present to the Judge at a future hearing.
5. Let the Judge open it when you go to Court. The Judge can then determine what the letter (or package) contained when you originally mailed it.
My decree states that I must do XXX, do I have to do it?
If you were ordered to do something, then you must do it!
I often get the question, I was ordered to attend mediation BEFORE applying for a modification, do I have to do it?
The answer is...yes.
You must attempt to go to mediation before filing for a modification.
You must have proof that you tried to do what you were ordered to do. If the other party won't reply or won't cooperate, then you are allowed to move forward with the modification.
FYI: Be sure to keep all documentation (paperwork) that proves you attempted to fulfill what you were ordered to do. Merely making a phone call is NOT enough!
I often get the question, I was ordered to attend mediation BEFORE applying for a modification, do I have to do it?
The answer is...yes.
You must attempt to go to mediation before filing for a modification.
You must have proof that you tried to do what you were ordered to do. If the other party won't reply or won't cooperate, then you are allowed to move forward with the modification.
FYI: Be sure to keep all documentation (paperwork) that proves you attempted to fulfill what you were ordered to do. Merely making a phone call is NOT enough!
If the TX Statute says XXXXX does it really mean that?
If a Texas Statute says something like "you must be 16 years old to emanicpate" then you must be at least 16 years old to file a lawsuit to emancipate.
If you are 15 years old and a millionaire, you don't qualify.
The statute is clear and concise, you must qualify for each and every requirement in order to file a lawsuit.
You cannot pick and choose your qualifications.
Sorry!
If you are 15 years old and a millionaire, you don't qualify.
The statute is clear and concise, you must qualify for each and every requirement in order to file a lawsuit.
You cannot pick and choose your qualifications.
Sorry!
Wednesday, June 16, 2010
Harris County Family Courts- Major Changes are Coming in 2011
In November, 2010, Harris County voters are going to make major changes that will impact families for the future of the Harris County Family Courts.
All the Family Courts have contested elections this year!!
The following 4 judges are retiring/leaving the bench:
245th Judicial District Court - current judge leaving benc
308th Judicial District Court -- current judge leaving bench
309th Judicial District Court -- current judge leaving bench
311th Judicial District Court -- current judge leaving bench
The courts where the judges have opponets are:
246th Judicial District Court
247th Judicial District Court
257th Judicial District Court
310th Judicial District Court
312th Judicial District Court -- Robert Hinojosa won this judicial seat away from David Pharr 2 years ago and David Pharr is trying to regain this seat. However, David Pharr is stationed overseas in the military so he is unable to actively campaign for this judicial position. (His political campaign is very quiet since he cannot do anything while on active military duty.) It will be interesting to see how many votes he gets & will show that the general public has no idea who they vote for -- they vote for the party -- not the candidate.
This is the first time in approximately 10 years that the family courts are looking at such a "sweeping" change!
But, we could have a total of 9 NEW family court judges if all the judges up for re-election do not win their seats!
I doubt that all 9 judges will be replaced but it could happen. At the present time, all the judges are Republican except for Judge Hinojosa (312th).
If a huge Democratic sweep occurs, a lot of faces are going to change in the Family Law Center!
If you don't know, Harris County is now a majority of minorities. Many Republicans (behind the scenes) are nervous about this election and its outcome. They are worried if there is a large voter turn-out.
The new judges will take the benches effective January 1, 2011.
Therefore, 2011 is going to be a very "interesting" year in the Harris County Family Courts. No one can predict how the new judges will handle their dockets.
From past experience, it takes awhile for a new judge to settle into their bench and develop a real feel for the courtroom.
Did you know that new judges have to go to "judge school" to learn to be a judge? Yes, it's true. Several years ago, some bright sole determined that even an experienced attorney needed to learn how to be a Judge so judge school was started. The judges claim it is a very "enlightening" experience. They have to learn a things that most attorneys never come in contact with -- such as identifying mentally illness or the reality of getting around in a big city via public transportation.
Therefore, if you are planning on having a contested matter in the Harris County courts, I would immediately file your case and attempt to get it settled BEFORE December 31, 2010. After January 1, 2011, there will be many new faces at the courthouse and probably many new policies and procedures.
Interesting Tidbits:
Only 2 candidates are Black - Sandra Peake and Bill Rice.
Only one candidate is Hispanic -- Robert Hinojosa.
It appears all the rest of the candidates are White.
I could be wrong -- if I am -- I apologize!
Did you know that Houston has more diversity that New York City? Yes, it's true. It's unfortunately that our family courts do not reflect this diversity. I would think that we would have at least one Asian person running. I'm wondering how many of these people speak Spanish?
I was sorry that some very fine candidates got "cut" at the primary level. There were just too many candidates running this year in the primaries. It seems that everyone "threw their hat" into the ring this year with so many judges leaving the bench. Unfortunately, some fine potential judges did not get the chance to advance to the finishing line. It's a loss for people of Harris County.
All the Family Courts have contested elections this year!!
The following 4 judges are retiring/leaving the bench:
245th Judicial District Court - current judge leaving benc
308th Judicial District Court -- current judge leaving bench
309th Judicial District Court -- current judge leaving bench
311th Judicial District Court -- current judge leaving bench
The courts where the judges have opponets are:
246th Judicial District Court
247th Judicial District Court
257th Judicial District Court
310th Judicial District Court
312th Judicial District Court -- Robert Hinojosa won this judicial seat away from David Pharr 2 years ago and David Pharr is trying to regain this seat. However, David Pharr is stationed overseas in the military so he is unable to actively campaign for this judicial position. (His political campaign is very quiet since he cannot do anything while on active military duty.) It will be interesting to see how many votes he gets & will show that the general public has no idea who they vote for -- they vote for the party -- not the candidate.
This is the first time in approximately 10 years that the family courts are looking at such a "sweeping" change!
But, we could have a total of 9 NEW family court judges if all the judges up for re-election do not win their seats!
I doubt that all 9 judges will be replaced but it could happen. At the present time, all the judges are Republican except for Judge Hinojosa (312th).
If a huge Democratic sweep occurs, a lot of faces are going to change in the Family Law Center!
If you don't know, Harris County is now a majority of minorities. Many Republicans (behind the scenes) are nervous about this election and its outcome. They are worried if there is a large voter turn-out.
The new judges will take the benches effective January 1, 2011.
Therefore, 2011 is going to be a very "interesting" year in the Harris County Family Courts. No one can predict how the new judges will handle their dockets.
From past experience, it takes awhile for a new judge to settle into their bench and develop a real feel for the courtroom.
Did you know that new judges have to go to "judge school" to learn to be a judge? Yes, it's true. Several years ago, some bright sole determined that even an experienced attorney needed to learn how to be a Judge so judge school was started. The judges claim it is a very "enlightening" experience. They have to learn a things that most attorneys never come in contact with -- such as identifying mentally illness or the reality of getting around in a big city via public transportation.
Therefore, if you are planning on having a contested matter in the Harris County courts, I would immediately file your case and attempt to get it settled BEFORE December 31, 2010. After January 1, 2011, there will be many new faces at the courthouse and probably many new policies and procedures.
Interesting Tidbits:
Only 2 candidates are Black - Sandra Peake and Bill Rice.
Only one candidate is Hispanic -- Robert Hinojosa.
It appears all the rest of the candidates are White.
I could be wrong -- if I am -- I apologize!
Did you know that Houston has more diversity that New York City? Yes, it's true. It's unfortunately that our family courts do not reflect this diversity. I would think that we would have at least one Asian person running. I'm wondering how many of these people speak Spanish?
I was sorry that some very fine candidates got "cut" at the primary level. There were just too many candidates running this year in the primaries. It seems that everyone "threw their hat" into the ring this year with so many judges leaving the bench. Unfortunately, some fine potential judges did not get the chance to advance to the finishing line. It's a loss for people of Harris County.
Loren Jackson -- Harris County District Clerk -- highly recommended
I want to highly recommend LOREN JACKSON - HARRIS COUNTY DISTRICT CLERK -- for doing an outstanding job the past 2 years.
He has taken the Harris County District Clerk's office from the stone age into the computer age.
His staff is always courteous and professional. His staff is responsive to email questions and problems. He is trying very hard to make the Harris County District Clerk's office effecient and productive using less taxpayer money -- something we can all appreciate!
The Harris County District Clerk's website is www.hcdistrictclerk.com
I can now download most family law final decrees for free as un-certified copies. It comes in very handy when a new client comes in. I can also view most family law case summaries on-line.
The website is not error free -- but it's come a long way!
Thanks Loren Jackson!
He has taken the Harris County District Clerk's office from the stone age into the computer age.
His staff is always courteous and professional. His staff is responsive to email questions and problems. He is trying very hard to make the Harris County District Clerk's office effecient and productive using less taxpayer money -- something we can all appreciate!
The Harris County District Clerk's website is www.hcdistrictclerk.com
I can now download most family law final decrees for free as un-certified copies. It comes in very handy when a new client comes in. I can also view most family law case summaries on-line.
The website is not error free -- but it's come a long way!
Thanks Loren Jackson!
Threats, threats, threats, and more threats
I wish I had a $1 for every phone call that starts..."my ex calls me and threatens me with...."
If I did, I could already be retired!
After all these years, it's pretty boring.
The threats are pretty common.
Here are the basic list of threats...
(1) Do what I say or you will be sorry.
(2) Don't ask for any more child support, or you will be sorry.
(3) Give me extra money, or you will be sorry.
(4) Change your visitation, or you will be sorry
(5) Pick up your kids when I say, or you will be sorry.
(6) Skip your vistation, or you will be sorry.
(7) Have sex with me, or you will be sorry.
(8) Fix my (insert broken item), or you will be sorry.
(9) Appear to suffer a lot, or you will be sorry.
(10) How dare you seem to be having a nice life, so you will be sorry.
(11) I have a miserable life, so you will be sorry.
(12) My dating life sucks, so you will be sorry.
(13) My job sucks, so you will be sorry.
(14) I need money for (fill in the blank), so you will be sorry.
Do you begin to see a pattern?
Basically, it's things are bad in my life so you are doing to pay.
It truly does not matter if it's male or female, it goes both ways.
So who suffers the most...easy...the kids.
If I did, I could already be retired!
After all these years, it's pretty boring.
The threats are pretty common.
Here are the basic list of threats...
(1) Do what I say or you will be sorry.
(2) Don't ask for any more child support, or you will be sorry.
(3) Give me extra money, or you will be sorry.
(4) Change your visitation, or you will be sorry
(5) Pick up your kids when I say, or you will be sorry.
(6) Skip your vistation, or you will be sorry.
(7) Have sex with me, or you will be sorry.
(8) Fix my (insert broken item), or you will be sorry.
(9) Appear to suffer a lot, or you will be sorry.
(10) How dare you seem to be having a nice life, so you will be sorry.
(11) I have a miserable life, so you will be sorry.
(12) My dating life sucks, so you will be sorry.
(13) My job sucks, so you will be sorry.
(14) I need money for (fill in the blank), so you will be sorry.
Do you begin to see a pattern?
Basically, it's things are bad in my life so you are doing to pay.
It truly does not matter if it's male or female, it goes both ways.
So who suffers the most...easy...the kids.
I want my husband's ex-wife to do....
I just love it when the new wife wants the "evil" ex-wife to do something.
Today I got an email from the "new" wife demanding that the "old" wife (now ex-wife) legally be required to change her name! She wanted to know how to go about suing the woman so that a court of law would order her to change her name!
She claimed that she was worried about getting credit rating confused, but that would not be a problem since credit rating systems use social security numbers and birth dates.
She then admitted that it was mainly that she just did not want tto share the same last name as the ex-wife.
She wanted to "force" the woman to have to change her name. She could not understand why the woman wanted to keep the name she'd used for the past 20 years!
I said that after 20 years every knew her with that name. That changing her name with numerous government agencies such as -- social security, driver's license, as well as her employer, insurance, credit cards, doctors, credit reporting agencies, etc. was a real pain and her records could be potentially lost.
The woman was very upset that she could not legally force the ex-wife to change her name.
In Texas, there is no law that can force a woman to not use her ex-husband's name.
This woman was not very happy with me.
Today I got an email from the "new" wife demanding that the "old" wife (now ex-wife) legally be required to change her name! She wanted to know how to go about suing the woman so that a court of law would order her to change her name!
She claimed that she was worried about getting credit rating confused, but that would not be a problem since credit rating systems use social security numbers and birth dates.
She then admitted that it was mainly that she just did not want tto share the same last name as the ex-wife.
She wanted to "force" the woman to have to change her name. She could not understand why the woman wanted to keep the name she'd used for the past 20 years!
I said that after 20 years every knew her with that name. That changing her name with numerous government agencies such as -- social security, driver's license, as well as her employer, insurance, credit cards, doctors, credit reporting agencies, etc. was a real pain and her records could be potentially lost.
The woman was very upset that she could not legally force the ex-wife to change her name.
In Texas, there is no law that can force a woman to not use her ex-husband's name.
This woman was not very happy with me.
I'm so sick of the drama of summer & non-custodial parents acting badly!
It's summer, it's hot and people are acting stupid.
I often wonder if it is the heat that makes people act really stupid.
Yes, stupid. I mean...really stupid.
Ok, let me give you one short example...
How about...Telling a 17 yr. old kid about to be a senior in high school that he/she cannot go back to their high school and graduate with their class and "just to get over it". That it's no big deal. That they will never see their friends or the rest of their family again. They can just get their GED. They will never see their clothes, games, and the rest of their "stuff". That they are now going to live in **** with this non-custodial parent and there is nothing that anyone can do to stop them.
Wow! What a loving and caring thing to do to a senior in high school!
First, what I tell the person calling me is...TAKE A DEEP BREATH.
The person behaving badly has got to go to sleep sometime. I find that 75% of the people "re-set" after a good night's sleep. They wake up and are back to normal. Or, they sober up.
Or, they go back to work. Or, they realize that it's not fun to have a really unhappy 17 yr. old in the house and how hard it is to keep an unhappy 17 yr. old in the house.
Second, I tell the person to have the person with custody get a certified copy of the court order and to have that person show up at the door with the police, constable or sheriff when the court order visit is over if the person has not returned the child.
Third, just call the local policing authority and have them go by and ask the person to return the 17 yr. old after they have mailed or faxed a cert. copy of the court order to the policing agency showing that the person does NOT have legal grounds to keep the person.
In reality, everyone wants a 17 yr. old to graduate from high school. Society wants this kid to graduate from high school. None of us wants an unhappy 17 yr. old running away from home and living on the streets.
Generally, within 4 days everything settles down. Normally the drugs or booze wears off. And the non-custodial parent realizes that their kid is not going to be loving if they are held against their will.
I often wonder if it is the heat that makes people act really stupid.
Yes, stupid. I mean...really stupid.
Ok, let me give you one short example...
How about...Telling a 17 yr. old kid about to be a senior in high school that he/she cannot go back to their high school and graduate with their class and "just to get over it". That it's no big deal. That they will never see their friends or the rest of their family again. They can just get their GED. They will never see their clothes, games, and the rest of their "stuff". That they are now going to live in **** with this non-custodial parent and there is nothing that anyone can do to stop them.
Wow! What a loving and caring thing to do to a senior in high school!
First, what I tell the person calling me is...TAKE A DEEP BREATH.
The person behaving badly has got to go to sleep sometime. I find that 75% of the people "re-set" after a good night's sleep. They wake up and are back to normal. Or, they sober up.
Or, they go back to work. Or, they realize that it's not fun to have a really unhappy 17 yr. old in the house and how hard it is to keep an unhappy 17 yr. old in the house.
Second, I tell the person to have the person with custody get a certified copy of the court order and to have that person show up at the door with the police, constable or sheriff when the court order visit is over if the person has not returned the child.
Third, just call the local policing authority and have them go by and ask the person to return the 17 yr. old after they have mailed or faxed a cert. copy of the court order to the policing agency showing that the person does NOT have legal grounds to keep the person.
In reality, everyone wants a 17 yr. old to graduate from high school. Society wants this kid to graduate from high school. None of us wants an unhappy 17 yr. old running away from home and living on the streets.
Generally, within 4 days everything settles down. Normally the drugs or booze wears off. And the non-custodial parent realizes that their kid is not going to be loving if they are held against their will.
Sunday, June 13, 2010
Changing TX Family Law
The TX legislature meets every 2 years.
If you are unhappy with a current law or wish to propose a new law, you need to begin NOW to advocate the TX legislature with your idea.
DO NOT WAIT UNTIL THE TEXAS LEGISLATURE MEET TO BEGIN YOUR ADVOCACY.
Then it is really too late.
The TX legislature met in 2009. They will meet again in 2011. Now is the time to begin thinking of the changing you want to make in that next session.
The lawyers that work in the family courts work together to try to educate our TX legislature to improve our current laws and to not create bad new laws.
I encourage interested people to get involved in the Texas politics. I'm sure it's very interesting. I'm sure it's also very frustrating. Texas is behind many other states in Family law issues. With science (like DNA testing) and technolgy growing so rapidly, the law just can't keep up fast enouh.
For example, when I was licensed almost 20 yr. ago, there was no such thing as DNA testing. When it first appeared it was expensive and no one understood it initially. It slowly evolved and was perfected. Now it's cheap and used daily. But our laws have not kept up because the TX legislature has so much to cover and not much time to cover it. The TX Family Code is only a small portion of what the TX legislature covers every 2 years.
If you are unhappy with a current law or wish to propose a new law, you need to begin NOW to advocate the TX legislature with your idea.
DO NOT WAIT UNTIL THE TEXAS LEGISLATURE MEET TO BEGIN YOUR ADVOCACY.
Then it is really too late.
The TX legislature met in 2009. They will meet again in 2011. Now is the time to begin thinking of the changing you want to make in that next session.
The lawyers that work in the family courts work together to try to educate our TX legislature to improve our current laws and to not create bad new laws.
I encourage interested people to get involved in the Texas politics. I'm sure it's very interesting. I'm sure it's also very frustrating. Texas is behind many other states in Family law issues. With science (like DNA testing) and technolgy growing so rapidly, the law just can't keep up fast enouh.
For example, when I was licensed almost 20 yr. ago, there was no such thing as DNA testing. When it first appeared it was expensive and no one understood it initially. It slowly evolved and was perfected. Now it's cheap and used daily. But our laws have not kept up because the TX legislature has so much to cover and not much time to cover it. The TX Family Code is only a small portion of what the TX legislature covers every 2 years.
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