You are a wise person to be thinking about possible problems BEFORE you get married!
You need to make sure that you both have wills in place in order to protect yourselves.
Please talk to an attorney that handles wills and probate.
For example, if your spouse does not have a will in the State of Texas and you purchase a home together, you could end up owning a home with his minor children from his prior marriage. I'm sure that this is not something that you would enjoy doing since you would then have to interact with their mother!
Also, if your spouse dies, then his/her child support becomes an obligation of his/her estate. Yes, that means that his ex-spouse would intervene in the probate of the estate. You and any children that you have with your deceased spouse would be "punished" since the older children would probably have a superior interest in the assets of his estate.
You should also talk to an attorney that handles family law matters about possible problems if the parent ever gets behind in his or her child support obligations in the future. He or she might be current in his (or her) child support NOW but if he/she ever falls behind it could definately impact any property (or bank accounts) that you might purchase together in the future.
What would I do?
Here are just a few things that come to mind...
You probably don't want to keep all of your finances separate.
So no joint bank accounts.
File your taxes separate.
Consider signing prenup (and post nup.) legal paperwork that had been prepared by a family law attorney.
Review your wills every 5 years.
Review your finances every 5 years.
Put assets in your name only.
Run your credit and your spouse's credit annually.
In summary, you might want to just together and not marry.
Remember, if you have any children with this person, they take a "back seat" to the children that are already alive. The Courts will always "favor" the older children. Why? Because you knew that these children were alive and their parent had a legal obligation to support them. The judicial system will have no sympathy for you or the younger children.
Friday, January 28, 2011
Wednesday, January 5, 2011
Can a minor child come live with my family?
Can a minor kid come live with my family?
I'd call your local policing agencies and see if they care.
I'd also talk to both parents and/or the person who has legal custody of them.
I would not want someone banging on my door in the middle of the night wanting to arrest me for interfering with custody or making some sort of false criminal charges!
This is a true horror story:
I know of a school teacher that lost her job because she took in a teen-ager boy, CPS got an anonymous called and "sexual" allegations were made.
The next thing she knew the school district terminated her contract due to the "allegations".
The allegations were later "dismissed" but she lost her job and could not find any other employment in her field! Her career was ruined.
She had to hire an attorney and incurred thousands in legal fees.
She eventually lost her home because she could not make her mortgage payments.
Her credit is ruined, she can no longer find a teaching job, she has a "file" with CPS.
Eventually, her husband filed for divorce and got primary custody of their minor children.
Was her good deed worth it?
I don't think so.
I'd call your local policing agencies and see if they care.
I'd also talk to both parents and/or the person who has legal custody of them.
I would not want someone banging on my door in the middle of the night wanting to arrest me for interfering with custody or making some sort of false criminal charges!
This is a true horror story:
I know of a school teacher that lost her job because she took in a teen-ager boy, CPS got an anonymous called and "sexual" allegations were made.
The next thing she knew the school district terminated her contract due to the "allegations".
The allegations were later "dismissed" but she lost her job and could not find any other employment in her field! Her career was ruined.
She had to hire an attorney and incurred thousands in legal fees.
She eventually lost her home because she could not make her mortgage payments.
Her credit is ruined, she can no longer find a teaching job, she has a "file" with CPS.
Eventually, her husband filed for divorce and got primary custody of their minor children.
Was her good deed worth it?
I don't think so.
I'm 17 and I want to leave home questions
It seems that almost every 17 yr. old wants to leave their home and go live somewhere else!
Here is the bottom line:
1. Call your local police, sheriff and constable. See the policy of your local policing agencies.
Their policies vary. They are free to change their policy on a daily basis. Most are under-staffed and over-worked. Most don't have time to chase 17 yr. old kids.
2. For criminal purposes you are an adult in the State of Texas.
3. For civil purposes (signing a lease or buying a car - for exmaple) you are still a minor.
No one will lease to you or sell you a car on credit.
4. Emancipation in the State of Texas. This is called "removed of disabilities" in the TX Family Code. It is available on-line. You can read it.
It costs money to be emancipated - the filing fee is approximately $300. If you can't afford to pay the filing fee and the associated costs then most judges won't even consider emancipating the minor .
Will a judge sign it? Depends on the judge. Also, usually takes a couple of months to get in front of a judge.
I suggest that you hire an experienced family law attorney to assist in the process since it's a complicated process and requires a lot of paperwork. In Texas, you must do the paperwork exactly as required by the judge so don't waste your money with the kits sold on t.v., radio or at office supply store -- total waste of money!
Usually the only teenages emancipated are athletes and musicians so that they can sign legal contracts.
5. Can a minor kid come live with my family? Again, I'd call your local policing agencies and see if they care. I'd also talk to both parents and/or the person who has legal custody of them. I would not talk someone banging on my door in the middle of the night wanting to arrest me for interfering with custody or making some sort of false criminal charges!
For example, I know of a school teacher that lost her job because she took in a teen-ager boy, CPS got an anonymous called and "sexual" allegations were made. The next thing she knew the school district terminated her contract due to the "allegations". The allegations were later "dismissed" but she lost her job and could not find any other employment in her field! Her career was ruined. She had to hire an attorney and incurred thousands in legal fees. Now she's lost her home because she could not make her mortgage payment. Was it worth it? Her credit is ruined, she can no longer find a teaching job, she has a "file" with CPS. Eventually, her husband filed for divorce and got primary custody of their minor children.
Here is the bottom line:
1. Call your local police, sheriff and constable. See the policy of your local policing agencies.
Their policies vary. They are free to change their policy on a daily basis. Most are under-staffed and over-worked. Most don't have time to chase 17 yr. old kids.
2. For criminal purposes you are an adult in the State of Texas.
3. For civil purposes (signing a lease or buying a car - for exmaple) you are still a minor.
No one will lease to you or sell you a car on credit.
4. Emancipation in the State of Texas. This is called "removed of disabilities" in the TX Family Code. It is available on-line. You can read it.
It costs money to be emancipated - the filing fee is approximately $300. If you can't afford to pay the filing fee and the associated costs then most judges won't even consider emancipating the minor .
Will a judge sign it? Depends on the judge. Also, usually takes a couple of months to get in front of a judge.
I suggest that you hire an experienced family law attorney to assist in the process since it's a complicated process and requires a lot of paperwork. In Texas, you must do the paperwork exactly as required by the judge so don't waste your money with the kits sold on t.v., radio or at office supply store -- total waste of money!
Usually the only teenages emancipated are athletes and musicians so that they can sign legal contracts.
5. Can a minor kid come live with my family? Again, I'd call your local policing agencies and see if they care. I'd also talk to both parents and/or the person who has legal custody of them. I would not talk someone banging on my door in the middle of the night wanting to arrest me for interfering with custody or making some sort of false criminal charges!
For example, I know of a school teacher that lost her job because she took in a teen-ager boy, CPS got an anonymous called and "sexual" allegations were made. The next thing she knew the school district terminated her contract due to the "allegations". The allegations were later "dismissed" but she lost her job and could not find any other employment in her field! Her career was ruined. She had to hire an attorney and incurred thousands in legal fees. Now she's lost her home because she could not make her mortgage payment. Was it worth it? Her credit is ruined, she can no longer find a teaching job, she has a "file" with CPS. Eventually, her husband filed for divorce and got primary custody of their minor children.
Post termination of parental rights questions
I've been getting several questions from people that have either (1) had their parental rights terminated years ago or (2) want to pursue back child support against the parent who had their rights terminated.
Here is the bottom line -- once a person's parental rights are terminated that person's rights are permanetly severed. That person is no longer has any sort of legal relationship to that child. That person is "dead" to the child. That person has no more right to that child than any stranger.
People need to take termination very seriously before they sign the paperwork. They need to understand what they are doing.
Often people sign the paperwork because they want their ex-spouse to go away. The person wants the harrassment from their ex-spouse to stop. They are tired of their ex-spouse from telling them they are a "bad parent". So they sign the paperwork. The parent does not understand the full implication of what they are signing.
Several years later, the terminated parent remarries and has more children. Then the parent wants the new children to get to know their older half-siblings. This is never going to happen. Why? Because the parent has no legal relationship with the older half-sibilings. The younger children ask about the older children and they don't understand why their older half-siblings are not visiting. Now the parent feels guilty. What are the options? Wait until the older children are 18 and hope that the older children want to come back into their lives.
I urge people to think a long time before signing termination paperwork. This is not something that can be revoked later.
Remember that any verbal promises are not enforceable. Also, often verbal promises are made to entice you to sign the paperwork and these promises will be forgotten as soon as the judge signs the final paperwork!
On the other side of the coin, the other parent needs to understand that once the paperwork is signed terminating the parental rights then you can never go back and ask for more money! So if the parent wins the lottery or inherits money -- you won't see a penny! In the future, if you need money, this biological parent is under no moral or legal obligation to give you a penny!
Again, I urge parents to think about the future before signing these termination papers.
Fast forward into the future. People lose good jobs and money gets tight. The healthy kids gets sick and has mega medical bills. Suddenly, the former deadbeat has a great job and has accumulated a nice nest-egg and lots of adult "toys". Now he is living high! Now the terminated parent gets threatened with child support! Sorry! Too late! The terminated parent has NO obligation to provide any money to his former child. No judge can order this guy to give one penny! It does not matter if this terminated parent hit the lottery and is now worth billions! There is no legal obligation. You cannot go back into court and ask a judge to order the terminated parent to pay child support. This person is no longer obligated to pay any money. This man is a "stranger' to this child.
So be careful what you wish for! Think long and hard. Once the papers are signed by the Judge they are final. They are written in stone. They cannot be changed. It does not matter if circumstances change - for good or bad.
Plus, once the step-dad adopts the kid -- he is the NEW DADDY for all purposes! If the couple later divorces, this is the "father" that will visit the kids and pay child support! He is the legal father of the children! In this case, blood is NOT thicker than water! (In a later divorce, the terminated father's rights, do not matter at all!)
Here is the bottom line -- once a person's parental rights are terminated that person's rights are permanetly severed. That person is no longer has any sort of legal relationship to that child. That person is "dead" to the child. That person has no more right to that child than any stranger.
People need to take termination very seriously before they sign the paperwork. They need to understand what they are doing.
Often people sign the paperwork because they want their ex-spouse to go away. The person wants the harrassment from their ex-spouse to stop. They are tired of their ex-spouse from telling them they are a "bad parent". So they sign the paperwork. The parent does not understand the full implication of what they are signing.
Several years later, the terminated parent remarries and has more children. Then the parent wants the new children to get to know their older half-siblings. This is never going to happen. Why? Because the parent has no legal relationship with the older half-sibilings. The younger children ask about the older children and they don't understand why their older half-siblings are not visiting. Now the parent feels guilty. What are the options? Wait until the older children are 18 and hope that the older children want to come back into their lives.
I urge people to think a long time before signing termination paperwork. This is not something that can be revoked later.
Remember that any verbal promises are not enforceable. Also, often verbal promises are made to entice you to sign the paperwork and these promises will be forgotten as soon as the judge signs the final paperwork!
On the other side of the coin, the other parent needs to understand that once the paperwork is signed terminating the parental rights then you can never go back and ask for more money! So if the parent wins the lottery or inherits money -- you won't see a penny! In the future, if you need money, this biological parent is under no moral or legal obligation to give you a penny!
Again, I urge parents to think about the future before signing these termination papers.
Fast forward into the future. People lose good jobs and money gets tight. The healthy kids gets sick and has mega medical bills. Suddenly, the former deadbeat has a great job and has accumulated a nice nest-egg and lots of adult "toys". Now he is living high! Now the terminated parent gets threatened with child support! Sorry! Too late! The terminated parent has NO obligation to provide any money to his former child. No judge can order this guy to give one penny! It does not matter if this terminated parent hit the lottery and is now worth billions! There is no legal obligation. You cannot go back into court and ask a judge to order the terminated parent to pay child support. This person is no longer obligated to pay any money. This man is a "stranger' to this child.
So be careful what you wish for! Think long and hard. Once the papers are signed by the Judge they are final. They are written in stone. They cannot be changed. It does not matter if circumstances change - for good or bad.
Plus, once the step-dad adopts the kid -- he is the NEW DADDY for all purposes! If the couple later divorces, this is the "father" that will visit the kids and pay child support! He is the legal father of the children! In this case, blood is NOT thicker than water! (In a later divorce, the terminated father's rights, do not matter at all!)
Friday, December 17, 2010
How do I answer a pro se litigant that wants to prepare discovery in his/her divorce.
I strongly encourage you to hire an attorney. What you are trying to do is just not easy!
The Harris County Law Library is available to the public. The law schools also have law libraries. I don't know if they are available to the public. You would have to call and see if they would let you use them.
You can go to any law library and look for books that contain information on preparing discovery. Please only read about "discovery" in the State of Texas. Please don't read about discovery in federal court. Divorce is a state issue. There are many books. There is a set of books called the TX FAMILY PRACTICE MANUAL that family law attorneys use. You will immediately notice that discovery is not easy. There is not a form that you can just download and print out -- no such thing exists.
You will quickly determine that attorneys really to "practice" law. They "craft" documents. There is not one document out there that every attorney uses. There are master forms. But for each divorce an attorney must develop the discovery for that particular case. It requires thought and strategy. This is what an attorney gets paid for!
This is why I recommend that people hire an experienced family law attorney. When an attorney gets out of law school they know the law but they don't know how to practice law! They have to learn how to apply what they have learned.
There are the Texas Rules of Evidence plus Harris County local rules of court.
For example, when you issue interrogatories, you can only issue a certain number of them. Why? Because you cannot overwhelm the other side. If necessary, you can issue more than one set of interrogatories. Again, you must follow all of the applicable rules. (All of this is confusing to attorneys too!)
Many years ago, we were required to send a copy of everything to the court's file. The court's got tired of their files getting so thick and heavy. Now you no longer have to send them a copy of everything.
If you violate these rules, bad things can happen to you, such as, the judge strike your pleadings (and that is very, very serious) or order you to pay your spouse's attorney fees. If you don't understand what "striking" your pleadings means, that means you really need an attorney.
Even though it is a remote possibility, you could be looking at contempt by the court, that includes monetary fines and/or jail time. Yes, it can happen!
I don't try to do my own dental work and I don't do my own plumbing work, I hire someone that knows what they are doing. A plumber once told me that he "loved" guys who tried to fix their own plumbing and the made a lot of money off the "do it yourself" guys, he charged them 3x a much because they made a huge mess! He admditted the handy men kept him in business!
Remember, if you make a mess then you are going to have to pay a lot more in legal fees to an experienced attorney to "fix the mess" you are creating. Plus, you might make a bad impression on the Judge and that is not a good idea!
Please don't buy anything at an office supply store, sold on the radio, t.v. or internet by a company outside of the State of Texas! There kits were not designed by a Texas attorney. They do not comply with Texas laws.
Plus, please do not call 411 and ask for "legal aide". That company is a for profit company that has a horrible BBB rating. The man changes his name every few months and has lots of unpaid claims against him. It's a total rip-off.
If you need a referral, call or email me at fran@familylaw4u.com.
The Harris County Law Library is available to the public. The law schools also have law libraries. I don't know if they are available to the public. You would have to call and see if they would let you use them.
You can go to any law library and look for books that contain information on preparing discovery. Please only read about "discovery" in the State of Texas. Please don't read about discovery in federal court. Divorce is a state issue. There are many books. There is a set of books called the TX FAMILY PRACTICE MANUAL that family law attorneys use. You will immediately notice that discovery is not easy. There is not a form that you can just download and print out -- no such thing exists.
You will quickly determine that attorneys really to "practice" law. They "craft" documents. There is not one document out there that every attorney uses. There are master forms. But for each divorce an attorney must develop the discovery for that particular case. It requires thought and strategy. This is what an attorney gets paid for!
This is why I recommend that people hire an experienced family law attorney. When an attorney gets out of law school they know the law but they don't know how to practice law! They have to learn how to apply what they have learned.
There are the Texas Rules of Evidence plus Harris County local rules of court.
For example, when you issue interrogatories, you can only issue a certain number of them. Why? Because you cannot overwhelm the other side. If necessary, you can issue more than one set of interrogatories. Again, you must follow all of the applicable rules. (All of this is confusing to attorneys too!)
Many years ago, we were required to send a copy of everything to the court's file. The court's got tired of their files getting so thick and heavy. Now you no longer have to send them a copy of everything.
If you violate these rules, bad things can happen to you, such as, the judge strike your pleadings (and that is very, very serious) or order you to pay your spouse's attorney fees. If you don't understand what "striking" your pleadings means, that means you really need an attorney.
Even though it is a remote possibility, you could be looking at contempt by the court, that includes monetary fines and/or jail time. Yes, it can happen!
I don't try to do my own dental work and I don't do my own plumbing work, I hire someone that knows what they are doing. A plumber once told me that he "loved" guys who tried to fix their own plumbing and the made a lot of money off the "do it yourself" guys, he charged them 3x a much because they made a huge mess! He admditted the handy men kept him in business!
Remember, if you make a mess then you are going to have to pay a lot more in legal fees to an experienced attorney to "fix the mess" you are creating. Plus, you might make a bad impression on the Judge and that is not a good idea!
Please don't buy anything at an office supply store, sold on the radio, t.v. or internet by a company outside of the State of Texas! There kits were not designed by a Texas attorney. They do not comply with Texas laws.
Plus, please do not call 411 and ask for "legal aide". That company is a for profit company that has a horrible BBB rating. The man changes his name every few months and has lots of unpaid claims against him. It's a total rip-off.
If you need a referral, call or email me at fran@familylaw4u.com.
Monday, November 22, 2010
Hints on hiring a family law attorney in Texas
Here are a few hints on finding a decent and reputable family law attorney:
1. Check out websites like http://www.lawguru.com/ or http://www.avvo.com/
Attorneys answers questions for free so you can read their answers and get a "feel" for them before you call them.
Most family law attorneys offer payment plans.
How much is a down payment? This can vary dramatically. Anywhere from $500 - rarely $100,000.
Some attorneys will let you make a down payment of $1,500 if the case is a "basic" case.
If the case is complex or there is a hearing pending, then you should anticipate paying closer to $5,000.
Why? The attorney is going to need to do a lot of work to get ready for the hearing.
(You expect to get paid for the work you do and so does your attorney.)
On the http://www.avvo.com/ website beware of their rating system -- many excellent attorneys have never "claimed" their profile so their rating might be low -- don't necessarily trust a high or low rating!
Should I hire a board certified attorney?
If money is an issue for you, you don't need to hire a board certified attorney -- their prices are much higher per hour than a non-board certified attorney Most board certified attorneys charge at least $400 per hour - so expect your legal bill to add up quickly. If you hire a board certified attorney, expect your legal bill to easily run $20,000. Some "high profile" attorneys charge a one-time fee just to accept your case! And, these fees are non-refundable if you have a change of heart later! Remember, if name dropping is important to you, then you are going to pay for this privilege. FYI: There are many excellent attorneys in Houston that are not written up in the press or are not known by the public. These attorneys are just as respected by the Judges and their peers.
What sort of experience should I look for in an attorney?
Try to hire an attorney that does at least 70% family law and has at least 5 years experience. I personally would prefer someone with at least 10 years experience, but try to avoid someone with less than 5 years experience -- they are too new!
You might want to call PATRICIA BUSHMAN at 713-807-9405.
She will go outside Harris County. She offers payment plans and accepts credit cards. Her deposits are reasonable. I thinks she takes a common sense approach to practicing law. She does only what is required. She does not try to do a lot of extra work to charge extra money. She represents both men and women.
She has represented men and has gotten men custody.
She has handled several jury trials.
She is not afraid to go to trial.
(Believe it or not, many attorneys will NOT go to trial & they will withdraw right before trial.)
I rent space in her office so tell her that I sent you to her!
2. You can read my blog. www.txfamilylaw4u.blogspot.com and read about my comments on family law. Of course, the TX legislature changes the law every 2 years so really old blogs might be somewhat out of date, but you can get an idea of Tx family law.
There are many attorneys that "blog". Of course, it's our opinions. So "filter" every attorney's comments and blogs!
3. Do your research. I always say that knowledge is power! The TX Family Code is availabe on-line. There are many law libraries around the State of Texas. Many are located inside small courthouses. Be aware that they may NOT contain the most recent form books and/or up-to-date books. However, they are free and open to the public.
The Houston Bar Association has an excellent basic, free brochure on their website called "family law". It's approximately 50 pages - available in English, Spanish and Vietnamese.
The Office of the Texas Attorney General has a website that contains lot of information on family law for free.
You can go to my website at www.familylaw4u.com and look under "links" for some website links.
If you "google" family law or divorce law be sure to only look under TEXAS LAW. Texas courts do not care what California law says!
What most people don't understand is that divorce law (also known as family law) is a states right issue. Divorce law is regulated by the state and it varies from state to state.
Therefore, a Texas attorney does not know what a Louisiana court will do!
4. You can go to your local courthouse and visit the courthouse. It's usually open to the public and you can usually visit the any courtroom. It's very educational and informative.
If the baliff asks you what you are doing, tell him that you have a family member involved in a family law matter and that you are observing. You must turn off your cell phone, not wear a hat, not chew gum, cannot wear a hat, etc. You must dress appropriately and observe all court rules.
While you are visiting the courthouse, pick up a copy of the local court rules. Your relative will need to know the local county rules. Also, does that court have their own court rules? Each judge is allowed to set their own set of rules to follow.
Be sure to stand when the judge enters and leaves the bench!
5. If an attorney PROMISES you anything, run. No decent family law attorney can promise you that you will win custody, etc.
6. Ask your friends and family for a referral. If your friend recently went through a divorce, ask him/her who the opposing attorney was in their case! I received many referrals from an FBI agent who was the opposing party in a divorce I handled many years ago! He thought I handled his difficult divorce in a respectful manner and he sent many people to me over the years!
7. If an attorney says that he/she has WON 100% of their cases, run! No family law attorney ever actually WINS a case! A family law attorney is dealing with the death of a family. There are no "winners" in family law - except the attorney who is making money on this case!
If an attorney "won custody" for a father who sexually abuses his children, would that be a "win" for those children? I don't think so.
I've been on cases where there were issues of drug abuse and the attorneys worked together to protect the children. This is what professionals do when for the "best interests of the children."
As a mediator, I'm often put in a horrible position of gently letting the party know that all outrageous promises their attorney told them at the beginning of the case will NOT happen.
8. Hire an attorney BEFORE you need one. It's easier to pay for a consultation & receive peace of mind. I'm an attorney and when I need legal advice in an area of the law that I'm not familiar with, I talk to an attorney that is knowledgeable in that area of the law.
It's a lot like going to the dentist every 6 months for a dental cleaning, it's cheaper and easier to go every 6 months then to wait until it's a major dental emergency!
Or, it's a lot like getting my oil changed every 3,000 miles rather than waiting until the engine blows up!
1. Check out websites like http://www.lawguru.com/ or http://www.avvo.com/
Attorneys answers questions for free so you can read their answers and get a "feel" for them before you call them.
Most family law attorneys offer payment plans.
How much is a down payment? This can vary dramatically. Anywhere from $500 - rarely $100,000.
Some attorneys will let you make a down payment of $1,500 if the case is a "basic" case.
If the case is complex or there is a hearing pending, then you should anticipate paying closer to $5,000.
Why? The attorney is going to need to do a lot of work to get ready for the hearing.
(You expect to get paid for the work you do and so does your attorney.)
On the http://www.avvo.com/ website beware of their rating system -- many excellent attorneys have never "claimed" their profile so their rating might be low -- don't necessarily trust a high or low rating!
Should I hire a board certified attorney?
If money is an issue for you, you don't need to hire a board certified attorney -- their prices are much higher per hour than a non-board certified attorney Most board certified attorneys charge at least $400 per hour - so expect your legal bill to add up quickly. If you hire a board certified attorney, expect your legal bill to easily run $20,000. Some "high profile" attorneys charge a one-time fee just to accept your case! And, these fees are non-refundable if you have a change of heart later! Remember, if name dropping is important to you, then you are going to pay for this privilege. FYI: There are many excellent attorneys in Houston that are not written up in the press or are not known by the public. These attorneys are just as respected by the Judges and their peers.
What sort of experience should I look for in an attorney?
Try to hire an attorney that does at least 70% family law and has at least 5 years experience. I personally would prefer someone with at least 10 years experience, but try to avoid someone with less than 5 years experience -- they are too new!
You might want to call PATRICIA BUSHMAN at 713-807-9405.
She will go outside Harris County. She offers payment plans and accepts credit cards. Her deposits are reasonable. I thinks she takes a common sense approach to practicing law. She does only what is required. She does not try to do a lot of extra work to charge extra money. She represents both men and women.
She has represented men and has gotten men custody.
She has handled several jury trials.
She is not afraid to go to trial.
(Believe it or not, many attorneys will NOT go to trial & they will withdraw right before trial.)
I rent space in her office so tell her that I sent you to her!
2. You can read my blog. www.txfamilylaw4u.blogspot.com and read about my comments on family law. Of course, the TX legislature changes the law every 2 years so really old blogs might be somewhat out of date, but you can get an idea of Tx family law.
There are many attorneys that "blog". Of course, it's our opinions. So "filter" every attorney's comments and blogs!
3. Do your research. I always say that knowledge is power! The TX Family Code is availabe on-line. There are many law libraries around the State of Texas. Many are located inside small courthouses. Be aware that they may NOT contain the most recent form books and/or up-to-date books. However, they are free and open to the public.
The Houston Bar Association has an excellent basic, free brochure on their website called "family law". It's approximately 50 pages - available in English, Spanish and Vietnamese.
The Office of the Texas Attorney General has a website that contains lot of information on family law for free.
You can go to my website at www.familylaw4u.com and look under "links" for some website links.
If you "google" family law or divorce law be sure to only look under TEXAS LAW. Texas courts do not care what California law says!
What most people don't understand is that divorce law (also known as family law) is a states right issue. Divorce law is regulated by the state and it varies from state to state.
Therefore, a Texas attorney does not know what a Louisiana court will do!
4. You can go to your local courthouse and visit the courthouse. It's usually open to the public and you can usually visit the any courtroom. It's very educational and informative.
If the baliff asks you what you are doing, tell him that you have a family member involved in a family law matter and that you are observing. You must turn off your cell phone, not wear a hat, not chew gum, cannot wear a hat, etc. You must dress appropriately and observe all court rules.
While you are visiting the courthouse, pick up a copy of the local court rules. Your relative will need to know the local county rules. Also, does that court have their own court rules? Each judge is allowed to set their own set of rules to follow.
Be sure to stand when the judge enters and leaves the bench!
5. If an attorney PROMISES you anything, run. No decent family law attorney can promise you that you will win custody, etc.
6. Ask your friends and family for a referral. If your friend recently went through a divorce, ask him/her who the opposing attorney was in their case! I received many referrals from an FBI agent who was the opposing party in a divorce I handled many years ago! He thought I handled his difficult divorce in a respectful manner and he sent many people to me over the years!
7. If an attorney says that he/she has WON 100% of their cases, run! No family law attorney ever actually WINS a case! A family law attorney is dealing with the death of a family. There are no "winners" in family law - except the attorney who is making money on this case!
If an attorney "won custody" for a father who sexually abuses his children, would that be a "win" for those children? I don't think so.
I've been on cases where there were issues of drug abuse and the attorneys worked together to protect the children. This is what professionals do when for the "best interests of the children."
As a mediator, I'm often put in a horrible position of gently letting the party know that all outrageous promises their attorney told them at the beginning of the case will NOT happen.
8. Hire an attorney BEFORE you need one. It's easier to pay for a consultation & receive peace of mind. I'm an attorney and when I need legal advice in an area of the law that I'm not familiar with, I talk to an attorney that is knowledgeable in that area of the law.
It's a lot like going to the dentist every 6 months for a dental cleaning, it's cheaper and easier to go every 6 months then to wait until it's a major dental emergency!
Or, it's a lot like getting my oil changed every 3,000 miles rather than waiting until the engine blows up!
Sunday, November 21, 2010
Houston TX helpful numbers to know
Here are some helpful numbers for the Houston & Harris County Texas are:
Certified Public Accountant Referral
CPA's
http://www.houtoncpa.org/
713-622-7733
Chamber of Commerce
Greater Houston
http://www.houston.org/
713-844-3600
City of Houston Deed Restrictions
832-393-6333
Copies of State and Federal Laws
Austin, Texas
http://www.capitol.state.tx.tus/
Federal Public Defenders
http://www.fpdsdot.org/
713-718-4600
Greater Houston Fair Housing Center
for housing discrimination
713-641-3247
Houston Apartment Association
http://www.haaonline.org/
713-595-0300
Houston Association of Realtors
http://www.har.com/
713-629-1900
Landlord Dispute Hotline
City of Houston
sends inspectors to check out complaints with apartments
713-868-8461
Harris County Law Library
Downtown Houston
Open to the public
713-755-5183
Harris County Tax Assessor & Collector
713-368-2000
Certified Public Accountant Referral
CPA's
http://www.houtoncpa.org/
713-622-7733
Chamber of Commerce
Greater Houston
http://www.houston.org/
713-844-3600
City of Houston Deed Restrictions
832-393-6333
Copies of State and Federal Laws
Austin, Texas
http://www.capitol.state.tx.tus/
Federal Public Defenders
http://www.fpdsdot.org/
713-718-4600
Greater Houston Fair Housing Center
for housing discrimination
713-641-3247
Houston Apartment Association
http://www.haaonline.org/
713-595-0300
Houston Association of Realtors
http://www.har.com/
713-629-1900
Landlord Dispute Hotline
City of Houston
sends inspectors to check out complaints with apartments
713-868-8461
Harris County Law Library
Downtown Houston
Open to the public
713-755-5183
Harris County Tax Assessor & Collector
713-368-2000
24 hour emergency & crisis intervention services
Here is a list of emergency & crisis intervention services from the Houston Bar Assocation's Resource & Referral Guide of 2010:
Center for Disease Control & Prevention
http://www.cdc.gov/
1-800-232-4636
Crime Stoppres
http://www.crime-stoppres.org/
713-222-tips
Crisis Hotline
713-hot-line
Harris County Sheriff's Office
713-221-6000
Harris County Family Domestic & Sexual Assault Unit
713-967-5743
http://www.hcso.hctx.net/
Houston Police Department
Non Emergency Line
713-884-3131
Houston Police Dept.
Family Violence Unit
713-308-11--
Mental Health & Mental Retardation
Authority Crisist Line
713-970-7070
Morgue
Harris County Medical Examiner's Office
www.co.harris/tx.us.me/
713-796-6761
open 8-5 only Monday-Friday
Rape Crisis Hotline
1-800-256-0661
713-528-7273
Runaway Hotline
1-888-580-4357
Star of Hope Mission
http://www.sohmission.org/
713-748-0700
Teen Crisis Hotline
713-529-teen
Texas Department of Protective & Regulatory Services
Abuse Hotline
Report abuse or neglect or children & the elderly
1-800-252-5400
Texas Youth Hotline
1-800-210-2278
United Way Information
http://www.unitedwayhousotn.org/
713-957-4357
713-658-2300
Center for Disease Control & Prevention
http://www.cdc.gov/
1-800-232-4636
Crime Stoppres
http://www.crime-stoppres.org/
713-222-tips
Crisis Hotline
713-hot-line
Harris County Sheriff's Office
713-221-6000
Harris County Family Domestic & Sexual Assault Unit
713-967-5743
http://www.hcso.hctx.net/
Houston Police Department
Non Emergency Line
713-884-3131
Houston Police Dept.
Family Violence Unit
713-308-11--
Mental Health & Mental Retardation
Authority Crisist Line
713-970-7070
Morgue
Harris County Medical Examiner's Office
www.co.harris/tx.us.me/
713-796-6761
open 8-5 only Monday-Friday
Rape Crisis Hotline
1-800-256-0661
713-528-7273
Runaway Hotline
1-888-580-4357
Star of Hope Mission
http://www.sohmission.org/
713-748-0700
Teen Crisis Hotline
713-529-teen
Texas Department of Protective & Regulatory Services
Abuse Hotline
Report abuse or neglect or children & the elderly
1-800-252-5400
Texas Youth Hotline
1-800-210-2278
United Way Information
http://www.unitedwayhousotn.org/
713-957-4357
713-658-2300
Pro Bono Services in Houston, Texas
With the economy down, more and more people are looking for free (pro bono) legal services.
Here is a brief list of the pro bono services that I'm aware of in the Houston and Harris County area:
Houston Volunteer Lawyers Program
713-228-0732
This agency is overwhelmed - anticipate a 6 month waiting period
http://www.hvlp.org/
Lone Star Legal Aid
713-652-0077
This agency is overhelmed - it is difficult to even get accepted by this agency
http://www.lonestarlegal.com/
University of Houston Law School
Accepts easy cases for law school students to get experience
South Texas College of Law
Accepts easy cases for law school students to get experience
Texas Southern University Law School
Accepots easy cases for law school students to get experience
Protective Orders
Harris County District Attorney's Office
Falmily Violence Unit
Criminal Law Division
713-755-5888
http://app/dao/hctx.net
Harris County Domestic Relations Office
713-755-6757
http://www.dro.hctsx.net/
National Association for the Advancement of Colored People
NAACP
713-526-3389
http://www.naacphouston.org/
Texas Attorney General's Office
Several locations around Houston & Harris County
Anticipate 6 months minimum - this agency is overwhelmed
http://www.oag.state.tx.us/
A V D A - Aid to Victims of Domestic Dispute
713-224-9911
http://www.avda-tx.org/
FOR MORE IDEAS OF PLACES TO GO FOR HELP:
HOUSTON BAR ASSOCIATION puts out a list - Resource & Referral guide of non-profit agencies in the Harris County area that helps low income people
Go to your local public library for ideas & help
United Way Information
713-957-4357
http://www.unitedwayhouston.org/
Here is a brief list of the pro bono services that I'm aware of in the Houston and Harris County area:
Houston Volunteer Lawyers Program
713-228-0732
This agency is overwhelmed - anticipate a 6 month waiting period
http://www.hvlp.org/
Lone Star Legal Aid
713-652-0077
This agency is overhelmed - it is difficult to even get accepted by this agency
http://www.lonestarlegal.com/
University of Houston Law School
Accepts easy cases for law school students to get experience
South Texas College of Law
Accepts easy cases for law school students to get experience
Texas Southern University Law School
Accepots easy cases for law school students to get experience
Protective Orders
Harris County District Attorney's Office
Falmily Violence Unit
Criminal Law Division
713-755-5888
http://app/dao/hctx.net
Harris County Domestic Relations Office
713-755-6757
http://www.dro.hctsx.net/
National Association for the Advancement of Colored People
NAACP
713-526-3389
http://www.naacphouston.org/
Texas Attorney General's Office
Several locations around Houston & Harris County
Anticipate 6 months minimum - this agency is overwhelmed
http://www.oag.state.tx.us/
A V D A - Aid to Victims of Domestic Dispute
713-224-9911
http://www.avda-tx.org/
FOR MORE IDEAS OF PLACES TO GO FOR HELP:
HOUSTON BAR ASSOCIATION puts out a list - Resource & Referral guide of non-profit agencies in the Harris County area that helps low income people
Go to your local public library for ideas & help
United Way Information
713-957-4357
http://www.unitedwayhouston.org/
Friday, October 1, 2010
Question "I make minimum wage & I can't pay child support"
On law guru.com I just answered a common question so I thought I'd post it here. I've answered this question approx. 100 times and I thought I'd post it here.
The "basic" question is this:
The father makes minimum wage.
The mother makes $75,000/year
Father can't afford to pay the court ordered child support.
Father is complaining that Mom does not need his child support.
Father can't afford to pay his rent or buy food.
Here is my quick answer since http://www.lawguru.com/ is a free place for people to ask lawyers questions.
Child support is based on YOUR income.
In fact, child support is NOT based on income.
Child support is based on NET RESOURCES.
Net resources is your income from ALL SOURCES OF INCOME - so if you do any odd jobs, have any investments, pawn a watch to get cash, sell a car to get cash, get any money from friends, family, girl friends, etc. it goes toward your child support.
Mom's income is irrelevant.
For one child - child support is 20% of your net resources.
I suggest that you go to the TX A G child support website and read about child support. There website is written for the general public and it is actually very informative.
There are many websites on TX Child support. Be sure to read only about Texas child support.
There are even child support "calculators" that are even "somewhat" accurate. Do not rely totally on these free "calculators". However, they will give you a general idea of what you should be paying in child support in the State of Texas.
The more minor children that you can prove to the Judge that you financially support, you get to reduce the percentage of support for the child(ren) in front of the Judge in this case.
The TX A G website had the "official" chart that attorneys use to calculate child support.
Believe it or not, The TX A G is the agency appointed by the Texas Legislature to set the child support chart each year.
The chart is in the TX Family code. The TX Family Code is on the internet. Go to any major search engine, like GOOGLE, and look for it.
You cannot get c.s. lowered - you pay c.s. based on YOUR income - not hers.
FYI: THIS IS REALLY IMPORTANT SO READ THIS CAREFULLY!!!!
Child support comes BEFORE anything else - rent, food, etc.
Child Support survives YOUR death.
When you die, it becomes a debt of your estate.
If you inherit any money, the TX A G will intervene and "grab" the money if you are seriously past-due in your child support.
you cannot declare bankruptcy and make your past-due child support "disappear".
Also, be careful with anything using your social security number (bank accounts, etc) the TX A G computer will "grab" the money if you are EVER late with a payment WITHOUT ANY NOTICE!!! Then you will have checks bouncing!! (Yes, it happens all the time!!!)
When you retire, if you owe any child support, it will come out of your Social Security check!
In summary, child support is the debt that NEVER goes away!
The "basic" question is this:
The father makes minimum wage.
The mother makes $75,000/year
Father can't afford to pay the court ordered child support.
Father is complaining that Mom does not need his child support.
Father can't afford to pay his rent or buy food.
Here is my quick answer since http://www.lawguru.com/ is a free place for people to ask lawyers questions.
Child support is based on YOUR income.
In fact, child support is NOT based on income.
Child support is based on NET RESOURCES.
Net resources is your income from ALL SOURCES OF INCOME - so if you do any odd jobs, have any investments, pawn a watch to get cash, sell a car to get cash, get any money from friends, family, girl friends, etc. it goes toward your child support.
Mom's income is irrelevant.
For one child - child support is 20% of your net resources.
I suggest that you go to the TX A G child support website and read about child support. There website is written for the general public and it is actually very informative.
There are many websites on TX Child support. Be sure to read only about Texas child support.
There are even child support "calculators" that are even "somewhat" accurate. Do not rely totally on these free "calculators". However, they will give you a general idea of what you should be paying in child support in the State of Texas.
The more minor children that you can prove to the Judge that you financially support, you get to reduce the percentage of support for the child(ren) in front of the Judge in this case.
The TX A G website had the "official" chart that attorneys use to calculate child support.
Believe it or not, The TX A G is the agency appointed by the Texas Legislature to set the child support chart each year.
The chart is in the TX Family code. The TX Family Code is on the internet. Go to any major search engine, like GOOGLE, and look for it.
You cannot get c.s. lowered - you pay c.s. based on YOUR income - not hers.
FYI: THIS IS REALLY IMPORTANT SO READ THIS CAREFULLY!!!!
Child support comes BEFORE anything else - rent, food, etc.
Child Support survives YOUR death.
When you die, it becomes a debt of your estate.
If you inherit any money, the TX A G will intervene and "grab" the money if you are seriously past-due in your child support.
you cannot declare bankruptcy and make your past-due child support "disappear".
Also, be careful with anything using your social security number (bank accounts, etc) the TX A G computer will "grab" the money if you are EVER late with a payment WITHOUT ANY NOTICE!!! Then you will have checks bouncing!! (Yes, it happens all the time!!!)
When you retire, if you owe any child support, it will come out of your Social Security check!
In summary, child support is the debt that NEVER goes away!
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