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! 

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

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

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/

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!

Changing a Minor Child's Name

In order to change a minor child's name on his birth certificate you need to get a judge's permission.


You need to get a judge to sign a piece of paper ordering the birth certificate agency to issue a new birth certificate.
The birth certificate agency is not going to issue a new birth certificate without an order signed by a judge ordering them to do it.
It costs money to file a document called a "Petition for Name Change of a Minor Child". This fee to the county is usually around $300. It varies from county to county in the State of Texas.

Then you need to have a document called "Order" for the Judge to sign.

FYI: These legal documents are NOT available at any courthouse. 
You need to have these legal documents with you when you go to the courthouse. 
You can find samples of these forms in a set of books called the TEXAS FAMILY PRACTICE MANUAL.
You must fill in these forms. 
This is one of the reasons you need to hire an attorney.
An attorney knows how to fill out these forms. 
The forms advertised on t.v. and radio sold by companies outside of Texas are NOT correct Texas forms that Judges are used to seeing. 
If you puchase these forms be prepared for the Judge to reject them! 
(You are probably wasting your money - so buyer beware!)

The Judge wants all parents (and/or parties with court ordered standing regarding this child) to be notified about this pending name change AND to agree IN WRITING to it.

There is a form called WAIVER OF SERVICE that must be properly notarized so that the other parent does NOT need to come to court to tell the judge that they agree to the name change. 

I also like the other parent to sign the ORDER on the last page also confirming that they agree to the child's new name - that way the Judge knows that the other parent agrees to the child's name change. 

Many people ask me if a judge will grant the name change because the other parent is behind in child support or for some other reason. Many judges will NOT grant a name change just because the other parent is behind in child support.

If you want to do a name change of a minor child, I recommend that you hire an experienced family law attorney that practiced in your county for many years and trust his/her advice.

If everyone agrees, most name changes can be done fairly quickly.  There is no required waiting period lawsuits require in Texas. 

I married a person from another country to get his/her green card. Now I want a divorce.

Ok, it sounds like you have committed a federal crime.  This is a BIG DEAL!

First, keep your mouth shut. 

Second, contact an experienced attorney (not someone right out of law school) that does immigration law and family law.

Third, plan on paying some money.  This is not going to be cheap.  You need someone sharp.  You need to listen to your attorney.  You need to keep your ears sharp and your mouth shut!

Fourth, he/she lied to me.  He/she has a lover.  He/she used me.  Well, I'm not surprised. I hear this a lot.  It happens all the time.  But you need to be careful.  You might be hurt and mad.  But you don't want to make things worst for yourself.  You need to take things slowly and carefully.

Get to an attorney's office NOW!

I live in Alaska and I owe $50,000 in TX in past due child support. What can happen to me?

Here is my answer:

You realize that this debt will never go away.
What does that mean?
If you have a bank account, it will eventually get "hit"

Any tax refund will go to her.
If you ever inherit any money, the Attorney General will intervene and get it.

If you die, the Attorney General will intervene and get anything you own.
When you retire, your Social Security will be reduced and money will be sent to your ex-wife.
You might want to go back and ask to reduce your child support if you cannot pay the $450.
Will you ever be arrested? The short answer is yes. So don't ever get stopped in case there is a arrest warrant issued for you.

Transition in my law practice

Effective September 1, 2010, my law practice is going to be focused on mediation. 

This year was my 20th reunion at South Texas College of Law, it has been a time of reflection for me. 

I decided that I need to focus on my passion - mediation. 

I'm very good at it and I find it rewarding and fulfilling. 



I am referring callers to the following 2 attorneys:

Patricia Bushman
8978 Kirby Drive
Houston, Texas 77054
713-807-9405
pblawinfo@gmail.com

She has been licensed over 15 years -- less than 20 years.
Pat recently hired a young lawyer to assist her that speaks Spanish. 
Pat has a competent office staff and is able to handle complex litigation.
Pat is in court almost everyday. 
She has handled many jury trials.
I call her my pit bull.  She is tough.
She is exceptional at analyzing complex legal issues and knowing what the judge will focus on.
She is well respected by the judges because she is in the courtroom regularly.
She is willing to go to surrounding counties - including Montgomery County. 
She is also a mediator.
I rent space in her office.
Her first meeting is free and she quotes her price at that time.
She offers payment plans and accepts credit cards.
She meets afternoons, nights and week-ends.
Please mention that I referred you - I will get a discount on my rent.

Rose Cardenas
713-271-4110
832-419-4110
rosecardenas@live.com
She has been licensed over 25 years.
She is in the courtroom on a daily basis.
She is well respected by the judiciary and by her fellow lawyers.
She offices with her brother, Robert Cardenas, and he does criminal law primarily.
She is very hands on and takes a limited number of cases.
She is compassionate, but is not a push-over.
She speaks Spanish.
She returns all of her own phone calls, so you must be patient.
Leave a message and she will call you back.
Her brother's website is http://www.attorneyhoustontx.net/
You will need to talk to Rose about her fee schedule.



Both of these attorneys will be able to assist you if you are interested in uncontested matters and in "creative" solutions to your family law problems.



There are many excellent attorneys in the Houston area. 

Generally speaking, for the average family, no uncontested legal matter should cost more than $4,000 if the parties are willing to work together and not spend hours talking the attorney's ear off! 

I have had a divorce with no kids, no property cost over $6,000, but the couple fought over everything and we spent 6 hours at the courthouse fighting over a used Timex watch! 

I recommend that you check out http://www.lawguru.com/ and http://www.avvo.com/.  However, do not trust the avvo.com rating.  Many excellent attorneys have never "claimed" their avvo profile.  I just happened to click on their email and be on the first attorneys to claim my profile! 

www.RocketLaw.com

Please do not send me an email through http://www.rocketlaw.com/.

I cannot reply to any email sent to that website.  I can read the emails but I cannot reply to them!
It is very frustrating. 

Their website requires that I pay they over $89 a month to reply to emails!  It just is not worth it for one or two emails a month.  Additionally, most of the people on this website are from all over Texas.  I am only interested in cases in the Houston area.  I have no interest in cases in Dallas, El Paso, the Valley, etc.  I have been listed on this website for many years and it used to be free to answer questions.  The questions never generated any new business for me but I considered it a public service. 

When I receive an email from Rocket Law it does not contain any identifying information such as a phone number or email so that I can contact the person directly. 

It is frustrating to read about a person's problem and then not be able to reply to them.

Therefore, please don't get angry at me for not replying to your emails through http://www.rocketlaw.com/.