Houston Texas Law Info

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Adoption: Essential information for Texas families Houston Divorce: Although they come with less regularity than questions about child custody or divorcecases, people do come into the Law Office of Bryan Fagan, PLLC with questions about adoption and how our office may be able to assist them with a potential adoptioncase. Whereas many family lawcases present facts and circumstances that are not particularly “positive”, adoption cases can offer a glimpse into a situation where people come together and do what is in the best interests of a child. It’s likely that if you are reading this blog post that you may find yourself with your own questions about the adoption procedure in the State of Texas. I would like to walk you through some basic information about adoption so that you may understand the process a little bit better and be able to make educated decisions for your...

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Split Custody- Is it right for you and your family? Houston Divorce Attorney : One of the goals that many potential clients of the Law Office of Bryan Fagan, PLLC have is to be able to see their child as much as the other parent once their family law case is done and over with. It doesn’t matter if we are talking about a child custody or divorce case- parents seem to want the same thing a lot of the time. This goal is usually held by the parent who believes that their child’s other parent will be the one to have primary conservatorship of the child (where the child lives with him or her primarily). The question that I always ask these folks is whether or not they’ve considered if a split custody situation is really something that they should aim for. Resolving the issue of a possession schedule is probably the most difficult issue to get past in a divorce at least from...

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Co-parenting tools, systems and helpful knowledge for post-divorce life Divorce Attorney Houston : Creating a system of keeping track of events, illnesses, habits and other aspects of your child’s life is essential to co-parenting well after a divorce. Many divorced parents fail to integrate a system of wellness and check-ups into their child’s life after a separation and the results can be disastrous for the child and the parents alike. While I would never say that I have seen and experienced everything as a family law attorney, I would say that I have witnessed people parent effectively and people parent ineffectively. My goal today is to continue to share what I believe to be the habits of ex-spouses who effectively co-parent after divorce. A Calendar- digital or on the wall I remember back in the days when going to the mall was an event, there would be little boo...

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Obtaining a divorce from a spouse in prison Spring Divorce Lawyer : Normally if you want to get a divorce in Texas you follow the procedures in filing and obtaining a divorce that everybody else does. Sure, your divorce will have components and circumstances that make it stand out from the others but for the most part, the process is going to follow the same path as anyone else’s. While every divorce has it’s frustrating parts you can at least know that if you want to get a divorce then you can get one without much fuss. What happens though if your spouse is in jail? You may have lost touch with him or her and their ability to attend things like hearings and mediations will likely be limited due to their being incarcerated. Is there a way to even get divorced from an imprisoned person? The Law Office of Bryan Fagan, PLLC would like to walk you through the process of ...

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in How to handle a cheating spouse in Texas Spring Divorce Lawyers : One of the most difficult and challenging aspects of a family lawcase is that they are, above all else, personal matters. This means that not only will you become engaged financially, relationally and logistically in a family law case but you will be emotionally invested in the case as well. While I suppose that this is true for any legal matter that you undertake, it is especially true for family law cases. These are personal matters that have become a part of the public record. An awkward and unenviable situation to be placed in. Why are family law matters so delicate? For starters, I believe that it is because so many areas of our lives are encompassed by these type of cases. For instance, if you are considering a divorce from your spouse just consider for a moment the areas of your life that are impa...

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Postnuptial agreements in Texas Family Law Family Law Lawyer Houston : Earlier this week the attorneys with the Law Office of Bryan Fagan, PLLC posted a blog that related to premarital agreements that covered what they were and how they can impact a marriage. Today we will shift gears to discuss postnuptial agreements, the lesser known cousin of a prenuptial agreement. As they pertain to the law contained in the Texas Family Code, postnuptial agreements must be drafted and agreed to while remaining in compliance with any and all applicable State laws on this subject. If you and your spouse come to an agreement on any matter that is outside of the law then you risk a judge declaring at least that section unenforceable and void. The terminology that is used coupled with the agreements that you and your spouse eventually agree to must be coherent and then must also comply...

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Cohabitation Agreements in Texas Family Law Family Lawyers in Houston : Despite their not being a part of the Texas Family Code, cohabitation agreements are contacted for in Texas and would most likely be honored by a family law court. In a contact, both you and the other party should outline what your rights are, what your duties are, and the specific circumstances in which those rights and duties are applicable. A cohabitation agreement often coincides with a common law marriage. A common law marriage does not involve a formal exchange of vows, but if you and another person agree to be married, live together as spouses and then hold yourselves out as being married to the public at large you are married for all intents and purposes. Misunderstandings are possible given how common law marriages work in Texas. Suppose, for example, that you and your partner live together ...

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...

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...

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...

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 ...

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...

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...

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...