If you have need a best suitable Family Law experience, Houston Family Law Lawyer in Texas the great process!
Family Lawyers in Houston – Although they come with less regularity than questions about child custody or divorcecases, people do come into the Law Office of Bryan Fagan 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 yourself and those people in your life. WHAT MUST OCCUR FOR AN ADOPTION TO TAKE PLACE Family Law Attorneys Houston – There are two circumstances that must first be in place for an adoption to occur in Texas. The first being that the parental rights of at least one parent of the child must be terminated by a Court. This means that of the legal father and mother to the child, one person’s parental rights must be terminated. A child can only have two parents in the eyes of the law, so this all stands to reason. Circumstance number two that must come into being is that the adoption of the child by you or whomever must actually be approved by a court. This involves the judge looking into your situation as best as he or she can and determining whether or not an adoption of the child is in the child’s best interests. WHAT EXACTLY DOES TERMINATING A PERSON’S PARENTAL RIGHTS MEAN? When a judge terminates the parental rights of a person this means that the former parent is not the legal parent of the child any longer and therefore holds no rights or duties to the care and upbringing of the child. Issues like whether or not the child will be able to inherit money or property from the terminated parent upon their death are also determined in this proceeding. Houston Family Law Lawyers – Obviously, this is an extremely important decision for a judge to make and it usually cannot be overridden or appealed. A parent can agree to have their parental rights terminated or a judge can make a ruling after being petitioned to do so by the other parent, or another party with standing to initiate such a proceeding in family court. AN AGREEMENT BETWEEN PARENTS TO TERMINATE THEIR RIGHTS TO A CHILD CAN OCCUR If you are the biological parent of a child and you and the other parent would like to terminate your parental rights to a child you may agree to do so. A relinquishment of rights form must be filed with a court wherein you are telling the court of your desire to no longer have any rights, duties or responsibilities for the child. The child will then be put up for adoption in order to locate people who want to take on those same rights and duties that you voluntarily gave up. A hearing will be had within sixty days of the relinquishment form being filed with the court. It is up to the judge to make a determination as to whether the relinquishment request is in the best interest of the child and if it should be granted. WHAT DOES AN INVOLUNTARY TERMINATION PROCEEDING LOOK LIKE? Family Law Lawyer Houston – Absent an agreement by the biological parents of the child, a court will appoint someone called an Amicus Attorney to help him or her determine if termination of the parent’s parental rights is in the best interests of the child. Circumstances that lead to a parent having their parental rights terminated against their will typically involve absenteeism (not being present for the child), not providing support for the child even after being ordered to do so by a court and/or abuse or neglect of the child. WHAT HAPPENS AFTER A PARENT’S PARENTAL RIGHTS HAVE BEEN TERMINATED? If you are a person who is interested in adopting a child you would file a petition to adopt the child in the same court that either terminated or will terminate the rights of the biological parent. The judge will order a social study to be administered upon your home, you and your spouse and other persons in your life. That study will help the judge determine if your home environment is conducive to raising and supporting a child. Your criminal history will also be looked into. Spring Divorce Lawyers – If your adoption petition is approved you become the legal parent of the child. I alluded to at the beginning of this blog post that this is a rare “happy” day in family court. Judges have a final hearing in which all of the parties to the case, even the child, come in and speak to the judge about things and the judge makes a final ruling. Especially in the event that the parents had mutually agreed to terminate their parental rights, this is seen as a day where the child can celebrate a new “birthday” with their adoptive parents. I’ve even seen judges in Harris County gift Teddy Bears and other tokens of goodwill to the children that are involved in the adoption case… Continue Reading
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If you have need a best suitable serving your Divorce Law experience, Divorce Houston in Texas the great process!
Houston Family Law Attorneys – 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 would like to walk you through the process of divorcing your spouse when he or she is in prison. Our office has represented clients who have been in this position and we would like to share how the process works. AN UNCONTESTED DIVORCE MAKES LIFE EASIER FOR ALL PARTIES INVOLVED Family Lawyers Houston – It may be that you and your spouse are in communication with one another and you all agree that a divorce is the best option for your family. If you all not only agree to get a divorce but agree on all the issues that encompass a divorce then you have what is known as an uncontested divorce. This means that all issues regarding your children including possession, access, visitation, and support would need to have been agreed to. A division of your marital estate including property and debts is necessary for the divorce to truly be uncontested. You would be able to hire an attorney to represent you and your interests in the divorce and it is likely then that your spouse would not hire an attorney of his or her own. Your attorney would file an Original Petition for Divorce in the county where you all reside just as anyone else who was filing for divorce would do. The differences between your divorce and a typical divorce start here. A Waiver of Service would be prepared by your attorney wherein your spouse can agree to waive his or her right to be served with divorce papers. It is easiest to mail these documents to your spouse and have him or her sign and return them to your attorney. As soon as the paperwork is signed and returned to your lawyer an Agreed Final Decree of Divorce would be prepared to encompass all the parts of your divorce that are relevant. You and your attorney would review the document together and make sure it reflects the agreement that you and your spouse reached. Once it does, you will sign and it will be forwarded to your spouse for their review. Your spouse has the right at any point to hire an attorney to review the Decree if that is what they want. Once the document is signed by your spouse, your attorney will sign it and file with the clerk of the county in which your divorce is situated. One important thing to remember is that in Texas a divorce can (in most circumstances) only be completed once sixty days have elapsed since the time of the filing of your Original Petition to when you arrive at court for a Prove Up Hearing. A Prove Up Hearing is an opportunity for the judge to give a final review to your Divorce Decree to make sure it takes into account all the parts of a divorce agreement in Texas. Your attorney will ask you some basic questions to identify yourself, your spouse and your children (if any) and to discuss in brief the agreements that you and your spouse have come to. The judge will grant your divorce on that day. Signed copies of your Divorce Decree will usually be ready within a week or so. WHAT IF YOUR DIVORCE BECOMES CONTESTED? Family Lawyer in Houston – Instead of having your spouse sign a Wavier of Service as we discussed earlier, a contested divorce needs a process server to pick up the paperwork from the courthouse after filing. Once the paperwork is ready, the process server will seek out your spouse and formally serve him or her with a copy of the Original Petition as well as a Citation which specifies the deadline for filing an Answer. It is possible that your spouse will file an Answer at which time your attorney can attempt to communicate with your spouse directly or their attorney if one has been hired. If an agreement can be reached informally then temporary orders can be agreed to while the terms of a final decree of divorce are worked out. Mediation is an option as well in the event that your spouse is able to be away from jail or prison for a few hours. Another option to conclude your divorce is if your spouse fails to file an Answer or otherwise make an appearance before the court you can get a default judgment against him or her. Your spouse has until the first Monday after the expiration of twenty days from the day he or she was served with your Petition to file an Answer. If he or she fails to do so you may seek a default judgment by arriving at court on the sixty-first day after filing your Petition with a Final Decree of Divorce signed by you and your attorney … Continue Reading If you have need a best suitable Divorce Law experience, Divorce Attorneys in Houston Texas the great process!
Houston Divorce Attorneys – 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 impacted by potentially filing for divorce. Your children, your finances, your property, your home, and your business are just a few of the most important areas of life that your divorce will significantly impact. SPYING IS IN THE EYE OF THE BEHOLDER WHEN IT COMES TO AN UNFAITHFUL SPOUSE Divorce Attorneys Houston – If you believe that your spouse is being unfaithful to you it is human nature to want to verify your thoughts by looking into the situation in greater detail. As you begin to consider how to undertake an investigation of your spouse you should know a few things about how the law in Texas relates to this type of activity. To spy or not to spy? Each of us will have our own interpretation if it is worth it after reviewing the following information. Understandably Texas has laws against invasion of privacy. Each of us gives up some our rights to privacy when we go out into public, so if your spouse is flaunting an extramarital affair at the mall then you and anyone else for that matter have a right to look into the situation. On the other hand, if your spouse is seeking to keep a matter personal and wants to be left alone in that endeavor he or she has a right to do so. This is true even if it is your spouse. If you attempt to listen in on a phone call between your spouse and their paramour you are likely in violation of both state and federal laws against wiretapping. Phone calls, as well as emails, are covered by these laws so hacking into an email account or cell phone to get voicemails or emails is against the law. The old saying will implore you to ask yourself whether the “juice is worth the squeeze”. I would submit to anyone reading this blog that it almost assuredly is not. Any benefit you gain in the short-term by getting unauthorized access to your spouse’s email or cell phone will be short-lived. WHAT ABOUT PUTTING A TRACKING DEVICE ON THEIR VEHICLE? Divorce Attorney in Houston – Anyone who grew up watching spy movies knows at least something about tracking the movements of another person by planting a “bug” on their person or vehicle. This too is illegal under Texas law. You may track a vehicle that you own, however. Arguing that you are not, in fact, tracking your spouse but instead of just keeping track of a vehicle that you own will be a tough argument to make in court if it comes down to that. WHAT STEPS TO TAKE IF YOU BELIEVE THAT YOUR SPOUSE IS CHEATING ON YOU Everyone is going to handle this situation differently. Each of us has a different experience with infidelity and our personal opinions on the subject have been shaped by life experiences. Reading ahead of time what the law is in our state and in our country is a good place to start. Knowing what the law allows you to do and what it bars you from doing can ensure that you do not act in an illegal manner. Infidelity and adultery are a fault ground that you can cite when filing for divorce in Texas. This may allow you to win a disproportionate (larger than 50%) share of your community estate. However, if it comes out that the information you used to prove the infidelity was obtained by illegal means your entire case will be tainted and any credit you previously had in the eyes of the judge as the “faithful” spouse will almost assuredly be destroyed. The bottom line is to learn what steps you can take and what steps you cannot take to prove your assumptions of unfaithful behavior from your spouse. Speaking to a licensed family law attorney is one such step. DIVORCE IS DIFFICULT. CONSULT WITH AN ATTORNEY WITH THE LAW OFFICE OF BRYAN FAGAN TO LEARN YOUR RIGHTS Houston Family Attorney – You will want to protect your family and your assets while maintaining some degree of normalcy during the course of your divorce. The most valuable aspect of your divorce, by far, will be that of your relationship with your children. Beyond anything that you do in regard to property, your children will not care how much money you are able to keep or how much is split between you and your spouse. How you treated your spouse throughout the process, despite how you may feel towards them, is what your children will remember. Whether your case ends like most in mediation or in a trial setting, effective and strong representation is essential. The attorneys with the Law Office of Bryan Fagan strive to represent families like yours with professionalism and diligence. We seek to put you in a position where our experience coupled with your particular circumstances will lead to a positive result for you and your family… Continue Reading If you have need a best suitable serving your Family Law experience, Family Lawyer Houston in Texas the great process!
Houston Family Lawyers – 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 and are in an otherwise committed relationship with one another and have been for some time. You two may kiddingly talk about being married or even act like it with the people in your lives. While this may at first blush look to be like harmless acting, it can have real world implications. Those implications will come to bear if you and your partner decide to separate and move on from the relationship. While you may be operating under the impression that your relationship is not a marriage, your partner may be of a different mind. If your partner files a divorce suit claiming that all the hallmarks of a common law marriage have been met then it is likely that you will have to at least attempt to defend your relationship as one of non-marriage. If you are unsuccessful then the property that you believed to be yours and yours alone may end up being community property and subject to be divided between you and your partner. A Cohabitation Agreement Explained Houston Divorce – In the event that your partner have been in a relationship for an extended period of time and live with one another you would be able to sign a cohabitation agreement. This document details how your income, property, financial assets and debt would be divided up in the event that your relationship comes to an end for any reason. If you read yesterday’s blog from the Law Office of Bryan Fagan this should sound similar to a premarital agreement, in that they both cover financial issues ahead of time prior to a separation. Spousal support or spousal maintenance can also be contracted for in a cohabitation agreement ,wherein either you or your partner can agree to pay the other a certain amount of support for a certain length of time after the relationship comes to a close. How does the law view the property rights of unmarried cohabitants? Houston Family Law Attorney – If you and your partner are living together but not married, the law does not protect your property rights the same as it would had you both agreed to tie the knot. This applies mainly to property that you both have purchased or come to acquire during the course of your relationship. Whereas community property laws govern in the event of a marriage dissolving, there is much more grey area when it comes to unmarried cohabitants and the end of a relationship. Dividing up an asset, piece of property or other item upon end of your relationship may prove more difficult as a result. What does it take to be considered as cohabitants? Divorce Lawyers in Houston – Living together under the same roof and holding out to others that you and your partner are married is a general definition that can be applied to cohabitation. Being able to show that you and your partner are intimate and engage in sexual relations is one way to prove cohabitation. The Texas Family Code does not specifically define cohabitation and there are no laws on the books that are related to this subject either. If you and your partner have cohabitated for an extended period of time it is worthwhile to be aware that courts have ruled that certain property is held by one partner for the benefit of the other. This means that if you have purchased property for your partner in order to benefit him or her in some way a court may declare that if you all end your relationship that property may be the property of your partner and not you. This is despite the fact that you all did not enter into a contract related to this property and have no community property laws that govern the relationship. Of course, this is a general statement and information about your relationship would be needed to give a better opinion on the subject. What can a cohabitation agreement cover? Divorce Lawyers Houston – If you and your cohabitating partner do want to come up with a cohabitation agreement, what exactly can the document cover? As we stated earlier the most common area that a cohabitation agreement covers is how property would be split up if your relationship were to end. A division of debts is included in this as debts are just as common (if not more so nowadays) as property it seems. Payments of support after the marriage ends can be contracted for as well. Finally, less commonly considered subjects like the person that can make decisions for you or your partner should you lose the ability to do so because of illness or injury can be covered by a cohabitation agreement. These decisions can relate to medical issues or estate issues should one of you pass away for any reason. Questions on cohabitation agreements? Contact the Law Office of Bryan Fagan today Family Attorney Houston – If you have any questions about cohabitation agreements or any other subject in family law please do not hesitate to contact the Law Office of Bryan Fagan. One of our licensed family law attorneys is ready to assist you six days a week with your questions… Continue Reading |
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