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Showing posts from December, 2019

Texas Family Law Courts: Adoption and Modification Cases

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Texas Family Law Courts: Adoption and Modification Cases Family Lawyers Houston : For an adoption to take place the parental rights of either the child’s mother or father must first be terminated by a court. A petition for adoption would be filed in the court with jurisdiction over the child. The petition will be filed by either the potential adoptive parent or parents if two persons are married. Both married people must be participants in the adoption case. The suit would need to be filed after a point at which the child has resided with the adoptive parents for at least six months. As we discussed a few days prior, an ad litem attorney may be appointed by the judge in order to represent interests of the child. The court will do some “detective” work and investigate the criminal histories and backgrounds of the potential adoptive parents. A study of the family’s hom

Texas Family Law Courts: Dividing Property in a Divorce

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Texas Family Law Courts: Dividing Property in a Divorce Houston Family Attorney: Texas is, as any family lawattorney will tell you, a community property state. This means that there is a legal presumption in our State that if all property that is acquired by you and your spouse during the course of your marriage is presumed to be community property- jointly owned. Therefore, there is a burden on a divorcing spouse to prove that a piece of property- no matter what type of property- is actually separately owned. We’ve defined what community property is in the context of Texas family law, which begs the question of what exactly separate property is. By definition, separate property is the property owned by a spouse prior to marriage or acquired by a spouse during marriage by gift or inheritance. Awards related to personal injuries are also included as separate property. W

How you can be reimbursed for past purchases during your Texas Divorce

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in How you can be reimbursed for past purchases during your Texas Divorce Houston Divorce Attorneys : Part of any divorcein Texas is figuring out how to characterize the property owned by the two spouses. If you are considering a divorce or have just been served with a petition by divorce filed by your spouse then you are probably wondering how all the “stuff” that you and your spouse own will be divided in the divorce. Today’s blog from the Law Office of Bryan Fagan, PLLC is designed with you in mind if that is the case. Separate property vs. Community property Property in the context of a divorce is typically divided up into three categories. Most everyone going through a divorce is aware that Texas is a community property state. This represents the first of the three categories. Community Property Community property is basically any property that is acquired by e

How to Begin Your Texas Divorce

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in How to Begin Your Texas Divorce Divorce Lawyers Houston : What do I need to do to before I begin divorcing my spouse? How do I protect: > My children? > My privacy? > My assets? What first steps should I take in my Texas divorce? In the early stages of your divorce, your mind may be full of concerns for: > Your children > Your life > Your finances > What happens next or > What happens after your divorce. We understand you are not alone. We know that the divorce process can be overwhelming it is not user-friendly. We want to help you regain control of your life and begin your divorce with the information you need to make decisions with confidence Take time to Think before you Act You may have the impulse to get things moving by going to court as soon as you can and filing for divorce. That will get the divorce process going, won

Enforcement Suits in Texas Family Law, Part Six

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Enforcement Suits in Texas Family Law, Part Six Houston Family Law Attorney : For the most part thus far in our discussion on enforcementlawsuits in Texas family lawcases, we have gone over some of the finer points associated with issues related to parents and children. Whether it is back child support, visitation order violations and remedies available to parents who file enforcement actions children have been the centerpiece of each of the prior four parts to this series of blogs I’ve written. Today we are going to shift gears and discuss remedies that are available to you if you file an enforcement action in regard to the division of property in a divorce decree. For many persons your divorce decree did not have all that much to say about property since you may or may not have owned much along with your spouse during the course of your marriage. However, it could

Enforcement Suits in Texas Family Law, Part Five

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Enforcement Suits in Texas Family Law, Part Five Divorce Lawyer Houston : Today’s blog post from the Law Office of Bryan Fagan, PLLC will discuss additional remedies that are available to a parent in an enforcementcase when there is money owed in child support. Our discussion is largely a continuation of the past few days blogs so I would highly encourage you to go back and read through each in order to have as much knowledge at your disposal as possible. If at any point you have questions about today’s blog or any other found on our website please do not hesitate to contact the Law Office of Bryan Fagan in order to schedule a question and answer session with one of our licensed family law attorneys. Remedies for parents who are owed child support This section sticks out in my mind because I have seen opposing parties have to withstand these remedies due to their no

Parental Alienation- What is it and what does it mean for my Texas Family Law case?

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Parental Alienation- What is it and what does it mean for my Texas Family Law case? Family Law Attorney Houston : In a recent 14th Court of Appeals decision out of Houston, a Mother appealed the final order of a trial court that awarded the Father a modification in child custody case. This case presented a unique set of circumstances that I thought would be interesting for you all to read about in one of our blog posts. Let’s introduce the parties and their particular circumstances before we discuss what happened in the Court of Appeals. Background of the Duffey Family The case that we are going to discuss is Duffey v. Duffey (No. 14-16-00144-CV). The case involved a Mother, Father and two children. The parties began their journey through our legal system in 2010 when Mother and Father got a divorce from one another. The Final Decree of Divorce that came out of tha

What is a summary judgment and how could one affect your Texas family law case?

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in What is a summary judgment and how could one affect your Texas family law case? Divorce Lawyer in Houston : A summary judgment allows for a court to dispose of a case where either the Petitioner (the party who filed the lawsuit) either does not have sufficient evidence to win the relief he or she is requesting or when a responding party lacks a proper and clear defense to the assertion(s) brought against him or her by the Petitioner. Basically, if one party or the other doesn’t have a leg to stand on as far as their case’s arguments are concerned then the opposing party can file a motion for summary judgment in an attempt to dispose of the case. If you are involved in a family lawcase and the opposing party is making assertions and arguments that are not backed by sufficient evidence then you can file a motion for summary judgment. If your case has multiple issues at s

Can family violence render a Mediated Settlement Agreement void?

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Can family violence render a Mediated Settlement Agreement void? Spring TX Divorce Lawyer : This past week the attorneys with the Law Office of Bryan Fagan, PLLC posted a blog article that centered around mediated settlement agreements in family law cases. We discussed how these documents are binding in almost every circumstance. State law mandates that a court issue an order reflective of the mediated settlement agreement of two parties that enter into one. Courts typically are in favor of MSAs because they lighten their overburdened docket of cases. The parties themselves typically like them as well since time and money are saved by not having to go all the way to a trial in their case. Not to mention that the agreement that is reached more than likely is better than any judgment that a court could render. What happens in a situation where you believe that good cause