Texas Family Law

July 17th, 2009 at 04:38am Under Family Law

I’ve heard some real horror stories about Houston’s infamous family law court so I am not surprised that a state appeals court Thursday said authorities had no right to seize more than 440 children in a raid on the splinter group’s compound last month. Unfortunately Texas family law courts seem to think they own the children.

The Third Court of Appeals in Austin said the state failed to show the youngsters were in any immediate danger, the only grounds in Texas law for taking children from their parents without court action.

It was not clear when the children — now scattered in foster homes across the state — might be returned to their parents. The ruling gave a lower-court judge 10 days to release the youngsters from custody, but the state could appeal to the Texas Supreme Court and block that. Who has ever heard of rounding up 400+ kids, separating them from their mother and dividing them up across the state to various entities.

Every child at the Yearning For Zion Ranch in Eldorado was taken into custody more than six weeks ago after someone called a hot line claiming to be a pregnant, abused teenage wife. The girl has not been found and authorities are investigating whether the calls were a hoax.

A HOAX! The state kidnapped 400+ kids, traumatized them, and usurped the mother’s rights based on an unsupported claim. If it happened to them, it can happen to anyone!

Child-protection officials argued that five girls at the ranch had become pregnant at 15 and 16 and that the sect pushed underage girls into marriage and sex with older men and groomed boys to enter into such unions when they grew up. How about the weird concept of “presumed innocence”. Is that still a vaild point of law in America- or Texas?

Is judicial illegality better than polygamy?

More specifically, the court said, “Even if one views the FLDS belief system as creating a danger of sexual abuse by grooming boys to be perpetrators of sexual abuse and raising girls to be victims of sexual abuse … there is no evidence that this danger is ‘immediate’ or ‘urgent’,” the court said. “Evidence that children raised in this particular environment may someday have their physical health and safety threatened is not evidence that the danger is imminent enough to warrant invoking the extreme measure of immediate removal.”

And the measures were extreme- beyond EXTREME! Can you say INSANE?

Why A Family Law Attorney Can Help

July 16th, 2009 at 10:38pm Under Family Law

Every family is unique in their own way.  Some families are large while others are very small.  Some families seem to be perfectly functioning, happy units, while others can not seem to function no matter what they do and are always at odds.  No matter which type of family you belong to, if things begin to go wrong, you will likely want some help in figuring out what you need to do to get things resolved and move on with your life.

A family law attorney is a professional that specializes in matters when things go wrong in a family.  This type of attorney can help out with any number of issues that you may be going through so it might be a good idea to just schedule an appointment with them to discuss the issues that you are dealing with and to see if they can be of any assistance.

One issue that a family law attorney can help out with is if you are a parent and you are fighting with the other parent for custody of your children.  This type of battle is often very personal for everyone involved and can become highly emotional.  With this, you might be thinking of representing yourself but it might not be the best route to take especially if you do not feel that you can keep your emotions in check throughout the hearing.

Another time that a family law attorney might be of use to you is if you and the other parent of your children are trying to figure out support payments.  These types of cases are also highly emotional because you are battling over the well being of your children and how much one parent is going to pay and how much the other parent will need to receive each month in order to cover the costs of raising the children.

Again, there are many more instances where a family law attorney can be of immense help to you if you are dealing with family issues so you might want to make an appointment with one if you do not think that you can handle the situation on your own or if you need advice on how to proceed from the point that you are at.  They will likely have a great deal of advice on how you should proceed and will give examples of how they can help you out along the way.

An Irvine Family Law Attorney and Child Support Settlements

July 16th, 2009 at 04:38pm Under Family Law

In the event of a divorce between two parents, the welfare of the children is a predominant concern for the court. One of the issues that must be decided in these situations is the custody of the children, or who they will live with. The other issue is child support; the financial support that is required to raise and care for these children.
When matters like child support are being decided, it helps to have an experience Irvine family law attorney at work on the case. Decisions of child support often follow a complex formula that will take into consideration the parent that the child lives with and the parent with the highest income level. If that person is self-employed, determining income and child support amounts can be even more complicated. A competent lawyer can help parents wade through the complex formulas and guidelines to come to a child support amount that everyone can agree on.
When agreements don’t happen easily, an Irvine family law attorney will work for the interests of the children and custodial parent to ensure a fair amount of child support will be paid. By the same token, the non-custodial parent often needs a lawyer in his corner to ensure that the payment required is fair and affordable. If circumstances in that parent’s life change and child support payments cannot be made, that same lawyer can file for a modification to the agreement to take this change into consideration.
Once an agreement is reached, the custodial parent will be counting on the fact that payments will be made on time and in full every month. If the checks do not come in a timely fashion, an experienced Irvine family law attorney can file the proper paperwork with the court to ensure that payments begin again or back payments are made with the appropriate interest charges included. In California, the rate on late child support payments is 10%, and there is no statute of limitations on that money. A competent lawyer will make sure those payments are resumed quickly and correctly.
In some cases, the court will work to set up a system where child support payments are taken directly from the non-custodial parent’s paycheck. This will ensure that payments are sent on time, every time. If payments still become delinquent, there are other measures that an attorney can take to ensure payments resume as soon as possible. These might include seizing assets like property or withholding the amount out of a tax refund. The key in collecting this money will be to find an experienced Irvine family law attorney who is able to work through the system to get the necessary compensation to those who need it most.
Child support can be a sticky issue in the divorce proceedings. The good news is that the law protects both parties in this situation to ensure a fair deal. Whether you are trying to collect child support payments from a reluctant spouse or needing to modify the support agreement in any way, an experienced Irvine family law attorney can ensure the moves swiftly and smoothly.

What to Expect From a Family Law Attorney

July 16th, 2009 at 04:38am Under Family Law

Many single parents will need the services of a family law attorney at some point. Separation, divorce, death of a partner, modifying a visitation agreement or child support order are just a few of the times to seek out a family law attorney. However, many of us have little experience with attorneys. The following will give you some general information on how to select and what to expect from a family law attorney.Where Do I Find an Attorney?

Shop around for an attorney just as you would a doctor. You want them to be knowledgeable in family law but you also want to feel comfortable working with them. Some things to consider besides their expertise in family law:

The Initial Consultation:Many attorneys offer a free initial consultation. This is usually half-hour to listen to an overview of your case and give you options on how to proceed.-Create a “cheat sheet” – Write down the main facts of your case and put them in chronological order. Also, list the questions you have about your case. Bring it to your initial consultation. Refer to your sheet when speaking with the attorney. It will ensure that you don’t forget to tell the attorney something important.Some Questions to Ask in the Initial Consultation:

Some attorney’s charge by the hour and some will charge you one lump sum when your case is completed. Some of the common ways lawyers bill for their services:Retainer Fee: advance payment to the lawyer for a portion of their fee.Contingency Fee: an agreed upon percentage of any money obtained through settlement, trial or negotiation.Hourly Fee: the lawyer’s hourly rate. They will take their hourly rate and multiply the number of hours worked on your case.Fixed Fee: a specific amount of money charged for a specific service.Cost advance: reoccurring advance payment for on-going expenses related to the case.Mixed fee: A combination of contingency and hourly fees.How Will the Attorney Bill Me?If the attorney charges an hourly fee ask how often they bill. A monthly invoice is common. Ask for a detailed monthly billing statement that specifies what services the attorney provided and how much time they spent on each service. Do not accept a bill that says: ” service rendered.” This doesn’t tell you what you are being charged for. Be assertive. If you don’t understand your bill ask the attorney to explain If the attorney charges a fixed fee ask if they have payment plans. Paying a little each month is easier to budget than paying one lump sum.Hiring the Attorney:When you decide to hire an attorney you will sign a retainer agreement. This is a document that states what services the attorney will perform and what the fees for the service will be.If you accept the fees and understand the services to be performed then, and only then, should you sign the retainer. Find out if the quoted fee includes court costs, copying costs, and filing fees or if these services will be extra charges.Do not sign the retainer unless you understand all the terms of the agreement!After You Have Hired the Attorney:-Be prepared and organized for each appointment.-Obtain the documentation your attorney has asked for.-Put in writing what you want out of the case. For instance, what property you want, how much child support, etc. Give this to your attorney. Ask what problems you face in getting what you want.-Create a folder labeled “Attorney”. Keep all correspondence and documentation relating to your case in the file so it will be easily accessible.-Write down what you want to ask your attorney before you call him. This will ensure you don’t forget anything. It will also help you stay on track since most attorneys will charge for time spent on the phone.-Listen carefully to what the attorney says and make notes if necessary so you can review them later.Selecting and hiring an attorney is an important decision. You should research your selections carefully. He should be receptive to your questions and keep you informed about each step in the proceedings. If you do not feel that your attorney is representing you in the best possible manner than dismiss his services and find another attorney. Remember, the attorney works for you!

Start an Online Petition now if you feel you are being misguided.

Is it Still Cheaper to Keep Him/her? Using the Florida Family Law Forms

July 15th, 2009 at 10:38pm Under Family Law

In family law circles, the old joke that it’s cheaper to keep your spouse than to divorce him or her still makes the rounds. It applies as much to the amount you will spend in lawyer’s fees for a divorce as to how much of “your” assets will be shared with your soon-to-be “Ex.”

Although most divorces will not be like The Donald and Ivana Trump divorce, the reality is that even a “simple” divorce can cost you quite a penny unless you’re willing to put some effort and use resources which courts have in place to help those who want to represent themselves–known as pro se parties. Just about every state has forms available to help you get your divorce without having to hire a lawyer. Florida is no exception, and the Florida Supreme Court has provided forms for use in family cases, including divorce. They have tried to be as straight forward as possible without using “legalese.” Still, many people find them cumbersome and extremely time-consuming. Although the forms can be downloaded for free from flcourts.org, many Florida courts charge for these forms, sometimes as much as $50.00–not exactly an exorbitant fee were it not for the fee paid to the same court for filing a divorce in Florida, currently $364.00; and you still have to pay the sheriff’s fee for serving the spouse!. To make matters worse, some internet sites offer the same exact forms for around $7.00.The end result is that the very people who are meant to be helped by the forms are usually driven to hire a lawyer, if only to save themselves time and aggravation in completing the forms.All the things you would hire a lawyer for to assist you in your divorce case can be done by you, even the mediation part. Mediation is an alternative to a trial, and whether you have a lawyer or not, you will be required to go to mediation prior to a trial if you and your spouse do not agree on any issue—you don’t have to agree, but you do have to attend a mediation session. Like the rest of the nation, Florida courts have mediation units for use by all parties, represented or not.

But there’s more to divorce than just forms. 

(c) Vivian Rodriguez

Divorce & Family Law Glossary of Terms

July 15th, 2009 at 04:38pm Under Family Law

A definition of terms commonly associated with divorce and family law in the UK.

Affidavit – a formal statement made under oath in court.

Ancillary Relief – financial orders that a court can make in addition to a petition for divorce.  Applying to England and Wales, ancillary relief is a financial claim brought by a spouse through the courts when petitioning for divorce.

CAFCASS – Children and Family Court Advisory and Support Services.  A meeting with a CAFCASS officer will be arranged if an application to the court is made for any order affecting a child, such as contact or residence.

Civil Partnership – the Civil Partnership Act 2004 means that same sex couples may now register their partnership and acquire rights and responsibilities similar to those of a married couple.

Clean Break – a one off order that outlines financial arrangements between a husband and wife.  There can be no subsequent claim for maintenance even if circumstances change.

Conciliation – a type of mediation that takes place in court and helps couples to sort out arrangements for their children.

Contact – the arrangement for a child or children to visit the parent who no longer lives with them after the divorce has taken place.  Contact can also refer to indirect contact such as phone calls and letters.

Cross-petition – a situation where the arguments put forward as grounds for divorce differ between the Petitioner and the Respondent.

Decree Absolute – Follows the decree nisi and is the final order issued by the court bringing a marriage to an end.

Decree Nisi – a provisional order issued by the court.  The decree nisi is the first stage of the divorce and shows that the court is satisfied that the grounds for the divorce have been established.

Disclosure – the process of providing to the court full financial details about a person’s income, assets and liabilities.

Injunction – a court requiring or preventing a person from taking an action.  Penalties are generally set in place for people not abiding by the order.

Joint Tenancy – a form of shared ownership of a home or other property.  When two or more people own a property as joint tenants and one owner dies the other owner automatically takes ownership of the deceased owners share.

Maintenance – the money one spouse pays to the other for ongoing financial support.

Mediation – a process in which an impartial third person assists those involved in a divorce to reach an amicable agreement.

Occupation Order – a court order confirming or denying an individual’s right to occupy a property.  The occupation order can exclude a spouse from a home or a certain part of it.

Pension Sharing – the division of a pension fund between two spouses.

Petition – a document outlining a request for a divorce.

Petitioner – a person who initiates divorce proceedings by filing a divorce petition at court.

Premarital Agreement – a formal written agreement entered into by a couple before marriage setting out how assets will be split in the event of divorce.  Also known as a prenuptial agreement.

Residence Order – a court order that states where and with whom a child will live after the divorce of their parents.

Separation Agreement – a written agreement set out by a couple recording the financial agreement that they have reached.  A separation agreement will normally be upheld by a court but it may be set aside if there has been a significant change in one party’s circumstances.

Statement of Arrangements for Children – sets out proposed arrangements for children after the divorce.  The form is sent to the court along with the divorce petition.

Without Prejudice – a way of preventing the court from knowing about any prior negotiations between a divorcing couple that did not result in an agreement.  

Reasons To Use An Experienced And Dedicated Family Law Attorney In South Carolina

July 15th, 2009 at 10:38am Under Family Law

If you live in South Carolina and you are going through a divorce you need to hire an experienced divorce attorney because you will need legal advice. Hiring an experienced and dedicated attorney is the best option if you are looking at paying alimony, fighting for child custody, and much more. There are five grounds for divorce in this state, as well as jurisdictional and venue requirements.
When you hire a family law attorney for a child custody issue you are making a good decision. There are multiple factors that courts look at when considering custody which an attorney can help you with. The court process can be very stressful on children as well as the parties. When you use a professional staff experienced with divorce they can help you understand the court process and advise you of your rights throughout the entire process.
When you are going through a divorce you may have problems with mediation and agreeing to certain things in the divorce like the amount of money you have to pay or should receive for alimony and child support. You might feel you deserve custody also. Mediation is when you will sit with a court appointed professional staff that will try and make the both of you come to agreements about the divorce. Mediation is required in many South Carolina counties in divorce, child custody cases, alimony and property division, as well and other states around the nation. An attorney can help you work through agreements and possibly bypass the mediation process in the courts. Alternately if you hire an attorney who also a certified mediator, you get the benefits of both legal advise and/or mediation services, depending on your needs.
Hiring a family law attorney can help you come to agreements with your spouse during the divorce process. You do not want to fight and be bitter through the process because it can cause you to lose rights. However, if one of the parties is impossible to work with then the judge may recognize this. An attorney can help make the process more fair when it comes to alimony payments and if you even have to pay anything, child support and visitation and more.
Consulting with an experienced attorney when you are going through a divorce, legal separation, child custody, child support, adoption, alimony or property division in South Carolina is the best option you can chose. You need to consider a family law attorney because the entire process can be too stressful to endure on your own and you may lose valuable grounds by waiting. The consultation allows you to gather sufficient information to protect your family and find out your rights. Finding an experienced and dedicated attorney will help you ensure the outcome is fair and at the best interest of the child. An attorney can help you calculate alimony payments if you should have to pay them, get the most time in visitation or even full custody, and help with mediation. You need a professional staff to work with you through the entire process. It can even help to speed up the entire process by coming to agreements with the other party.

Family Law Attorney: Helping You Through a Child Custody Hearing

July 15th, 2009 at 04:38am Under Family Law

Being a parent can be one of the most rewarding experiences of your life. The unconditional love between you and your child is probably one of the most unique and amazing things you have ever known. When conflicts arise between you and the other parent of the child however, the situation may escalate to such a level that you may end up in a court hearing for any number of reasons, including a child custody hearing or a child support hearing.

If you and the other parent of your child will be going through a court hearing regarding your child, you might want to consider hiring a family law attorney. These legal professionals can help you navigate the type of court hearing you are going through and can help make sure that you are properly portrayed during the hearing.

If you are going through a child custody hearing, it will probably be one of the most stressful and difficult times of your life. It will be difficult and stressful because both you and the other parent of your child will likely both be fighting for custody of the child. Just the fear of losing custody of your child may be enough to raise your stress to an unhealthy level, and if you do not know what to expect during the hearing, it may put your emotions over the top. A family law attorney will be able to inform you of what to expect during the hearing and can help make sure that you are properly portrayed during the hearing, which can be the difference between being awarded custody and losing custody of your child.

The court will likely consider many factors during your custody hearing before determining how custody will be split and to whom it will be awarded. One of the main factors that the court will probably consider during the hearing is your parenting ability. With this in mind, it can be extremely beneficial to have a family law attorney on your side that will be able to portray your parenting abilities in the best light. Keep in mind, the other parent of the child will probably also be trying as hard as they can to gain custody, so having a legal professional on your side that has experience in these types of cases can be crucial.

Once you have made it through the custody hearing, you may also have to endure a support hearing. The support hearing will probably be held to determine how much money the non-custodial parent will be required to pay each month in child support. Whether you are the parent making the payments, or the parent receiving the payments, a family law attorney can be a great help in making it through this hearing as well.

Fighting with the other parent of your child regarding child custody, or any other matter, can be very stressful to endure. When the conflicts end up in court, you may want to hire a legal professional to help you through the hearing. There are many benefits to hiring a lawyer to help you through the hearing, with the most important being coming out ahead at the end of the process.

Family Law Attorney: Helping You Through a Child Custody Hearing

July 15th, 2009 at 04:38am Under Family Law

Being a parent can be one of the most rewarding experiences of your life. The unconditional love between you and your child is probably one of the most unique and amazing things you have ever known. When conflicts arise between you and the other parent of the child however, the situation may escalate to such a level that you may end up in a court hearing for any number of reasons, including a child custody hearing or a child support hearing.

If you and the other parent of your child will be going through a court hearing regarding your child, you might want to consider hiring a family law attorney. These legal professionals can help you navigate the type of court hearing you are going through and can help make sure that you are properly portrayed during the hearing.

If you are going through a child custody hearing, it will probably be one of the most stressful and difficult times of your life. It will be difficult and stressful because both you and the other parent of your child will likely both be fighting for custody of the child. Just the fear of losing custody of your child may be enough to raise your stress to an unhealthy level, and if you do not know what to expect during the hearing, it may put your emotions over the top. A family law attorney will be able to inform you of what to expect during the hearing and can help make sure that you are properly portrayed during the hearing, which can be the difference between being awarded custody and losing custody of your child.

The court will likely consider many factors during your custody hearing before determining how custody will be split and to whom it will be awarded. One of the main factors that the court will probably consider during the hearing is your parenting ability. With this in mind, it can be extremely beneficial to have a family law attorney on your side that will be able to portray your parenting abilities in the best light. Keep in mind, the other parent of the child will probably also be trying as hard as they can to gain custody, so having a legal professional on your side that has experience in these types of cases can be crucial.

Once you have made it through the custody hearing, you may also have to endure a support hearing. The support hearing will probably be held to determine how much money the non-custodial parent will be required to pay each month in child support. Whether you are the parent making the payments, or the parent receiving the payments, a family law attorney can be a great help in making it through this hearing as well.

Fighting with the other parent of your child regarding child custody, or any other matter, can be very stressful to endure. When the conflicts end up in court, you may want to hire a legal professional to help you through the hearing. There are many benefits to hiring a lawyer to help you through the hearing, with the most important being coming out ahead at the end of the process.

Family Law Attorney: Going Through a Support Hearing

July 14th, 2009 at 10:38pm Under Family Law

Raising children can be both rewarding and challenging. It can be very rewarding to watch your children grow and develop throughout their lifetimes. It can be very challenging, however, to see them through this development.

Raising children can be very expensive, and if you are going through a support hearing, you may want to hire a family law attorney to make sure that the outcome is as good as possible for you and your children. Support hearings are usually held to determine how much a non custodial parent will be required to pay each month in support to sustain the well being of their children.

If you are the parent that is receiving the support payments, you will probably want to make sure that the final decision of the court on how much the non custodial parent is required to pay will be enough to cover the costs you have in raising the children. A family law attorney can help a great deal in this situation, because they can help make sure that all of the costs of raising the children are covered during the hearing and also that the final decision of the court is in the best interests of you and your children.

If you are the parent that is required to make the support payments, a family law attorney can also be a great help to you during the hearing. Although you probably want to provide as much money as possible to sustain the well being of your children, you probably do not want the amount you are required to pay each month to be too high. A legal professional can help properly portray your ability to make the payments and also how much you can realistically pay each month.

Whether you are the parent making the payments, or the parent receiving the payments, after the original court ruling is finalized, you may have the option of requesting a modification to the original support orders if your circumstances have changed. For example, if you are the parent making the payments and you have recently lost a job, or have suffered a pay cut, you might want to request a modification to the original court ruling to lower the amount of money you are required to pay. If you are the parent receiving the payments, you might request a modification if your child has developed special needs since the time of the original court hearing. Such special needs could range from medical attention to tutoring. A family law attorney can be a great benefit to you, whether you are making the payments or receiving the payments, because they can help determine whether you should request the modification and when you should request the change.

There are many situations where a legal professional can be of great help to you. If you are going through a court hearing regarding your children, it may be a good idea to look into the option of hiring a lawyer because they can help ensure that the outcome of the hearing will be in the best interests of you and your children.