If you have need a best suitable service your Family Law experience, Family Law Cases in Texas: Geographic Restrictions and Child Support with the great process!
Divorce Lawyer in Houston: Your life can change in the blink of an eye, and this is no less true after you’ve been through a family law case. Whether you have court orders from a divorce or Suit Affecting the Parent-Child Relationship (SAPCR), your decisions moving forward have to be based around these court orders. If you have a child then it is likely that your ability to pick up and move has been curtailed a great extent. While the court that issued the orders cannot put a geographic restriction on you (you are an adult, after all), there is likely a geographic restriction on where your child can reside. After a divorce if you find yourself as the primary conservator for your child then you are in a position where you can move wherever you would like, but your child likely won’t be able to move beyond a certain geographic area. For example, in Harris County family law cases the restriction is most commonly Harris County and any of the surrounding counties to Harris. Seeing as how your child cannot move beyond a certain area, you would need to contact your ex-spouse in order to have him or her sign off and agree to your moving with your child to another location. You would file this agreement with the court in order to have it be a part of the record for your case. In most cases, however, simply asking your ex-spouse for their blessing for you to move is not going to result in the outcome that you are hoping for. In that case, you would need to file a modification case in order to have the judge approve your request to move beyond the geographic area permitted in your Divorce Decree. WINNING A MODIFICATION CASE WHERE YOU ASK TO MOVE BEYOND THE RESTRICTED GEOGRAPHIC AREA Divorce Attorney Houston: As with any modificationcase that is filed, you will need to show that there has been a substantial change in circumstances that requires the move and that the move will be in the best interests of your child. Obviously, the difficult part about making this argument will be that you will be taking the child away from one of his or her parents. The State of Texas believes that it is in the best interests of every child in our state that he or she have a relationship with each of their parents so yours will be an uphill climb as far as making such an argument. Winning a modification case in which you are asking the court to lift a geographic restriction means that you will also need to show the judge just how you will help the other parent continue to enjoy a frequent and meaningful relationship with your child. As long as the possessory conservator of your child has not moved and has taken advantage of the time afforded to him or her in the visitation orders you will have to put forth a very convincing argument. A FORMER CLIENT’S STORY ON THEIR ATTEMPT TO LIFT A GEOGRAPHIC RESTRICTION Houston Divorce Lawyers: Last year a client hired our office to lift a geographic restriction that had been in place since her divorce in 2012. The story was our client had gotten a divorce from her spouse in Houston and had continued to reside here after the divorce. She subsequently met a man and married him shortly after her divorce. The man became ill and was diagnosed with cancer, but was fortunate to receive treatment here at the Medical Center. After receiving extensive treatment he was declared by his doctors to be cancer-free. Once that cancer-free diagnosis was received our client contacted us to see about lifting the geographic restriction that was in place limiting her from residing in any county other than Harris and its adjoining counties. Her current husband was from Dallas and she and he wanted to move there (with her three children) now that his chemotherapy and cancer treatment had been completed. The main point of the case that I remember is that her husband was a licensed pilot and their idea was to make the argument to the judge that her husband would see to it that all transportation costs would be borne by their family and that he would fly the children personally from Dallas to Houston every weekend that the ex-husband was ordered to have visitation. While this was certainly a creative and ambitious plan, the judge felt that it was unreasonable to expect the children’s step-father to be available to fly the children back and forth in a small plan three weekends per month in order to facilitate visitation. The children’s father had been a committed and diligent parent and our client was not able to prove that it was in the best interest of the children to move them to Dallas. Though their solution was creative, the problem was too vast for even their creativity to solve. WHAT IF YOU VIOLATE THE GEOGRAPHIC RESTRICTION IN THE DIVORCE DECREE? Family Law Attorney Houston: On the other hand, some parents will just blatantly disregard a court order that geographically restricts where their child can reside after a divorce. As the primary conservator of the child, you have the responsibility of providing a living environment that is conducive to your child growing and maturing in a positive manner. With this being said, if you decide to move beyond the borders of the geographically restricted area and do not seek permission from the other parent first you are asking for an enforcement suit to be filed against you. The other parent to your child will assuredly ask the court to enforce the terms of the court orders. All your efforts to move can be undone by one ruling from a judge and you and your child will be forced to return to where you came from. It doesn’t matter where you moved to, how difficult it will be to facilitate the move back or how much money it will cost. CHILD SUPPORT TO BE DISCUSSED IN TOMORROW’S BLOG POST FROM THE LAW OFFICE OF BRYAN FAGAN As far as questions that I am asked by potential clients of the Law Office of Bryan Fagan, child support ones typically top that list … Continue Reading
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If you have need a best suitable service your Family Law experience, Family Law Cases in Texas: Visitation, Possession and Access with the great process!
Divorce Lawyer in Spring TX: In learning more about family law concepts and terminology you may have come across the terms: visitation, possession, and access. Interestingly enough possession and access are what visitation is actually made up of. If you are a parent with visitation rights than you are the possessory conservator of the child who does not have the right to determine the primary residence of your child. This means that your child lives primarily with his or her other parent and that you have visitation rights on the weekends and other times throughout the year. What are the types of visitation that you may have been ordered to have? TYPES OF VISITATION ORDERS IN TEXAS If you go through a divorce or Suit Affecting Parent-Child Relationship (SAPCR) in Texas there are a variety of ways that your visitation could be structured. Keep in mind that the schedule itself is ultimately up to you and the other parent. If you all can negotiate and settle upon a visitation schedule without needing to consult a judge then the format of your schedule is only limited by your creativity and the circumstances of your child. STANDARD POSSESSION ORDER Spring TX Divorce Lawyer: Otherwise, there is a Standard Possession Order (SPO) that is outlined in the Texas Family Code. This visitation arrangement essentially would provide you with visitation with your child every other weekend of the month, a Thursday night visit from 6:00 to 8:00 p.m. as well as alternating holidays of visitation for Thanksgiving and Christmas. The SPO allows you to have thirty days of visitation with your child during the summer months, or forty-two days if you live more than 100 miles away from your child. The exact periods of possession for an SPO are spelled out clearly in the Texas Family Code. If you are interested in seeing the specific dates accounted for I would recommend you access the Code online and take a look for yourself. This is the default visitation schedule that most judges in Texas fall back on if you and the other parent cannot agree on your own to a visitation schedule. MODIFIED POSSESSION ORDERS The Modified Possession Order is similar to the SPO but has slightly modified lengths of visitation for particular times of the year. Depending on the individual circumstances of your family attributes of the possession order may have to be changed to suit you, your child or the other parent. More time may be allowed to you as your child gets older if you order begins when your child is very young, for example. Spring Divorce Lawyer: A variation on the Modified Possession Order is a Modified Possession Order for a child who is under three years of age. The best interests of your child and the specific needs of your child will be what a judge in your case keeps an eye on in the event that a trial is had on this subject. In that case, limitations will likely be put on your visitation with your child if he or she is under three years of age at the time the orders are rendered. Overnight visitation may be limited and your time with your child may occur only during daylight hours in order to accommodate your child’s normal structure and routine and to slowly integrate him or her into a changed life schedule. In general, if you are a parent who has always been involved in your young child’s life then you stand a good chance at being able to have the overnight visits with your young child that other parents may not be as able to win. Having visitation orders for a young child requires a certain amount of cooperation and “co-parenting” between you and the other parent that may not be as necessary when it comes to older kids. There is simply more shared responsibility for raising a young child than there is compared to an older child. Younger children are more rigid in their schedules and habits and need more structure to establish a routine. This is opposed to older children who are able to better adapt to change in most circumstances and require less “normalcy” to thrive. You and the other parent should work together to help each other to be aware of changes that are needed on a day to day or even week to week basis for your child based on their changing needs. If their bedtime has changed over the past week or a new medication has been prescribed to him or her it is best to make the other parent aware of this. SOME “WHAT HAPPENS IF…” SCENARIOS TO RUN BY YOU Houston Divorce Lawyer: The best-laid plans of mice and men often go awry. So goes a famous line from American literature. The basis of the quote is that no matter how well thought out or intentioned a plan is, life gets in the way sometimes and causes that plan to fall by the wayside. One of those life issues that can arise in your situation is your child’s other parent not following the orders that arose out of your family law case. You may have family members or friends who were denied the opportunity to see their child by the child’s other parent. The remedy for you in this situation is to take the other parent back to court to have the judge enforce the terms of the order. You would have to be able to present evidence to the court showing that you did everything that you were supposed to do in order to take advantage of the visitation time allotted to you in the order and that the other parent did not live up to their responsibilities in making your child available to you at that time. Your enforcementpetition must specify the date, time and location where you were denied visitation. It is advisable to hire an attorney to proceed with an enforcement case as these are not simple cases to handle on your own … Continue Reading If you have need a best suitable service your Family Law experience, Family Law Cases in Texas: Conservatorship for Grandparents and Custody Determinations with the great process!
Family Law Attorneys Houston: The nuclear family of the 1950s is no longer the norm in the United States if it ever was in the first place. In today’s world non-parents (including Grandparents) play larger roles in their family’s lives than in previous generations when parents are not able to fulfill their duties as providers. If you are one of those persons and are interested in pursuing conservatorship rights over a child in your life today’s blog post is for you. CONSERVATORSHIP FOR NONPARENTS In some circumstances, very limited to be completely honest, nonparents of a child can pursue and be granted conservatorship rights over a child. Let’s examine those circumstances in some detail right now: Non-parents in general who have had actual care, control and possession of a child for at least six months continuously can pursue a conservatorship case in the Texas family law courts. The legal term for this ability to do so is called “standing”. The one catch is that six months of continuous possession and control must not have ended more than 90 days prior to the beginning of your conservatorship case. If you are a foster parent, you can file for conservatorship over your child if that child has been in your home for at least one year with the same requirement as above that the one year period must not have ended more than 90 days prior to the beginning of your conservatorship case. Finally, grandparents can file for conservatorship of a child in the event that there is sufficient proof in the eyes of your judge that your grandchild’s present living conditions will present a serious risk to their physical health or well-being. The alternative to this standard would be that both of your grandchild’s parents, or whichever parent is currently living if one is deceased, has filed a petition requesting you be named a conservator or has consented to your petition and request to do so. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIPS Houston Family Law Lawyers: Suits Affecting the Parent-Child Relationships (SAPCR) are the type of lawsuit that is filed in this type of situation where you are seeking conservatorship rights in regard to a child. Conservatorship, visitation, possession, access and child support are the issues that a SAPCR takes into consideration. These issues are also decided, for what it’s worth, in divorce cases. The only difference is that the rules of community property are not applicable in a SAPCR like they are in a divorce case. If you are in a position where the father of the child in question is not known, parentage may be an issue that is raised in the SAPCR as well. Genetic testing would be ordered of the child and any potential father if a man does not acknowledge paternity on his own volition. Parentage is obviously an important issue as any awarding of conservatorship rights is dependent upon being the legal parent to a child. Outside of an acknowledgment of paternity being signed or the child being born to a married couple, there is no way outside of a parentage suit to determine paternity of a child in Texas. MARRIED PERSONS: HOW CAN YOU SUE FOR CONSERVATORSHIP OF YOUR CHILD? If you are married to your spouse then there would be no prior orders in place in regard to the conservatorship of your child. This means that you and your spouse share equally in the rights and duties associated with rearing your child. In order to establish rights and duties in a court of law, a lawsuit would have to be filed, likely in the form of an Original Petition for Divorce. Occasionally a SAPCR can be filed if the marriage is still desired but orders are sought in regard to issues like child support, possession and/or access to the child. If you are concerned, for example, that your spouse may attempt to take your child with him or her to another country or anywhere without your permission it may be wise to file a SAPCR in order to alert the court to this potential outcome and to seek orders that do not allow your spouse to travel without prior permission. This is especially relevant in an international city like Houston where many parents have roots outside Texas or even outside the United States. UNMARRIED PARENTS: HOW CAN YOU SUE FOR CONSERVATORSHIP OF YOUR CHILD? Family Law Lawyer Houston: As opposed to persons who are married to one another while a child is born, if you are the father to a child who was born to un-wed parents you must prove that you are the father in order to be granted parental rights. I’d refer you back to the section of this blog that discusses that topic for additional information. You can sign an acknowledgment of paternity at the time your child is born and have that filed with the Bureau of Vital Statistics in Austin. This will provide you with the legal rights and duties that you would normally have to seek through a SAPCR or paternity suit in court. If you are a mother who is seeking to formally establish a man as the father of your child you can do so through the filing of a Suit to establish parentage. In that suit, you can request child support and the process of legally determining the father of your child could be initiated. DRAMA AND SAPCR: WHAT IF YOU’RE A MAN WHO HAS A CHILD WITH A MARRIED WOMAN? A dramatic situation that you may, unfortunately, find yourself in as a man is what happens if you have a child with a woman who is married to somebody else? When the mother is married to another man that man is legally presumed to be the father of your child. Her husband, and not you, would have the rights and duties to the child that normally would go to you in most situations. First and foremost you must acknowledge paternity and have that paperwork filed with the Bureau of Vital Statistics. If your child was raised by the mother and her husband you have until your child turns four years old in order to file a lawsuit objecting to the husband having conservatorship rights over your child. Genetic testing would be ordered that would show the biological father of the child … Continue Reading If you have need a best suitable service your Family Law experience, Family Law Cases in Texas: Conservatorship Explained with the great process!
Family Lawyers Houston: The word that I hear most often from clients in regard to their children, and frankly use myself when discussing the rights and duties of parents, is “custody”. It’s a word that is commonly used in our culture today and as a result is what most people think of when they consider taking an issue with their child’s other parent to court. This could be in the form of a divorce if the parents are married or a child custody case if the child was born to two parents who were not married. If you have a child then you could potentially fall into one of these two categories. With that said the issue of conservatorship is highly relevant to your life if you are considered filing a case against your child’s other parent. CONSERVATORSHIP IN GREATER DETAIL: JOINT MANAGING CONSERVATORSHIP EXAMINED Family Lawyer in Houston: Conservatorship is the term that our Texas Family Code utilizes to describe the responsibilities and duties of parents towards their children. In fact, the word “custody” is not utilized in the Family Code even one time. If you walk into an attorney’s office and tell him or her that you want “full custody” of your child, you likely mean that you want to be able to have your child live primarily with you and to spend the majority of their time with you. Conservatorship does not refer to these issues but rather what legal rights and duties you have in relation to your child. The best way to begin our discussion of conservatorship, in my opinion, would be to differentiate between the two types of conservatorship in Texas. Those would be joint managing conservatorship and sole managing conservatorship. Joint Managing Conservatorship is the most common arrangement for parents in Texas, due in no small part to the fact that it is presumed under the law that this is the ideal form of conservatorship for parents who are not married or otherwise in a relationship together. This presumption is in place because our State Legislature believes that it is in the best interests of your child for you and the other parent of your child to have meaningful and fulfilling contact with both of you. Of course there are ways to rebut this presumption but in general, it is believed that a joint managing conservatorship is in the best interests of your child. DETERMINING THE BEST INTERESTS OF YOUR CHILD Divorce Houston: Ideally, you and your child’s other parent are able to come to resolutions on what is in the best interests of your child and can settle on conservatorship issues. After all- nobody knows your child better than his or her mom and dad. A judge, while well-meaning and educated on issues regarding children, will certainly not know you, your child’s other parent or your child better than you do. If your case must proceed to a situation where conservatorship rights and duties are going to be divided and drawn up by a judge he or she will be tasked with determining what is in the best interests of your child. This standard is purposefully broad and subjective and allows the judge in your case fairly wide discretion to make decisions and use his or her reasoning abilities to come to those decisions. The facts and circumstances of your child’s life will be presented to the judge either in a temporary orders hearing or final trial. A history of family violence, drug use or something similar would obviously be used against you or your spouse because that sort of behavior puts your child in a dangerous and unsafe position. The presumption that a joint managing conservatorship would be rebutted given this sort of evidence and the “sober” parent would likely be named a sole managing conservator. SOLE MANAGING CONSERVATORSHIP EXAMINED Houston Family Law Lawyer: In those cases where it is proven to a judge that appointing you and your child’s other parent as joint managing conservators is inappropriate, the alternative would be to appoint one parent as the sole managing conservator and the other as a possessory conservator. If you are named as the parent who is the sole managing conservator you will have greater rights than the other parent in raising your child and making decisions for him or her. The other side to that coin is that with greater rights comes greater responsibilities. You are able to determine where your child will live primarily (likely with you), what sort of medical attention he or she will receive, and will have the right to receive child support from your child’s other parent if that is ordered. Educational decisions (which classes should your child be enrolled in) are another huge component to having sole management of your child’s conservatorship rights and duties. POSSESSORY CONSERVATORSHIP: WHAT ARE THE RIGHTS AND DUTIES FOR THIS PARENT? Family Lawyers in Houston: If you are not the sole managing conservator of your child then the court will name you as the possessory conservator. You will have the same rights and duties as any other parent in Texas has towards their child as far as providing for him or her financially and supporting him or her emotionally and otherwise. Unfortunately, based on your individual circumstances, your rights will otherwise be restricted as far as your decision-making capabilities in regard to your child. You will likely have the right to receive information from your spouse about your child’s activities and schooling but may not be able to actually have a hand in making those decisions or working with your child’s other parent on arriving at a decision. However, you will still likely have the ability to make emergency decisions for your child and to attend school and extracurricular activities. The basis for your being named a possessory conservator and the other parent as sole managing conservator is that something about your history or the circumstances of your child’s life led a judge to believe that it is not in your child’s best interests for you to have equal rights and duties to your child as compared to the other parent. JOINT MANAGING CONSERVATORSHIP EXAMINED The vast majority of parents in Texas who go through the family law courts are named as joint managing conservators … Continue Reading If you have need a best suitable service your Family Law experience, Family Law Cases in Texas: The final stages of a CPS case to the great process!
STATUS HEARING Divorce Attorney in Houston: A Status Hearing is one of the most important steps of a CPS case. It is held after a service plan has been prepared by CPS. Within two months of your child being placed into the temporary care of CPS, this hearing will be held in order to discuss the plan and decide whether or not the plan will become the orders of the court. The judge will want there to be some sort of plan in place so that all parties, including you, understand what the expectations are moving forward in your case. For you, the importance of abiding by whatever plan the court implements is critical. Your child will not be returned to your home until the plan is completed. Whatever plan has been in place will be monitored by the judge and any progress made will be checked on by the judge at this hearing. STATUS HEARING A Status Hearing is one of the most important steps of a CPS case. It is held after a service plan has been prepared by CPS. Within two months of your child being placed into the temporary care of CPS, this hearing will be held in order to discuss the plan and decide whether or not the plan will become the orders of the court. The judge will want there to be some sort of plan in place so that all parties, including you, understand what the expectations are moving forward in your case. For you, the importance of abiding by whatever plan the court implements is critical. Your child will not be returned to your home until the plan is completed. Whatever plan has been in place will be monitored by the judge and any progress made will be checked on by the judge at this hearing. Just as with every other step in the process of a CPS case, your attendance at this hearing is required. Your rights as a parent hang in the balance at this stage. If you fail to abide by the plan and do not successfully complete the steps your rights as a parent can be severely curtailed or terminated outright. PERMANENCY HEARING Houston Family Attorney: The Permanency Hearing occurs within 6 months of the time that CPS is named the managing conservator of your child on a temporary basis. Whatever plan was arrived at in your case will be evaluated at the Permanency Hearing as the court will be looking to move your case towards a resolution of some sort by this time. Have you been following the service plan? That is the number one question that a judge will be asking at this step in the case. For that matter- is CPS doing what it is supposed to be doing in the case as far as their responsibilities of communicating with parties and ensuring the safety and well-being of your child? Changes may need to occur in your service plan and if any party asks the court for changes the judge will ask questions to determine if those changes are justified or necessary. If they are, the judge will amend the service plan to reflect the changes that you or any other party requested. THE IMPORTANCE OF PROVIDING A SAFE ENVIRONMENT FOR YOUR CHILD Once you have made it to this point in your case, the judge will make sure that you understand how critical it is for your child to be provided with a safe environment to live. This is really the first time in your case that you stand a strong chance to have your child returned home to you. Any additional service plans, dates for the next hearings and a dismissal/trial date may also be set at the Permanency Hearing. It is only if your child is not returned to you at the first Permanency Hearing that additional Permanency Hearings may be scheduled. This is basically the judge buying you time in order to get your act together and provide your child the safe environment that is needed and to complete whatever steps in the service plan that you have not. Is placement with a relative on a permanent basis now in your child’s best interests? What about putting your child up for adoption? These are all possible revisions to the service plan that a judge can order at any subsequent permanency hearing. TRIAL Houston Family Law Attorneys: The final step in the process of a CPS case is Trial. The first Monday after the one year anniversary of CPS becoming the temporary managing conservator of your child is the last date that a trial can occur. The purpose of the trial is to create Final Orders in your case that state where your child will be residing and who will have conservatorship rights and duties associated with him or her. Your child can be placed in your home or with a relative of the child. CPS can be named as the permanent managing conservator of your child- with you either having possessory conservatorship rights or with your rights to the child being terminated permanently. A STORY ABOUT A FORMER CLIENT OF THE LAW OFFICE OF BRYAN FAGAN In large part, your behavior during the case will be examined to determine what sort of effort you were willing to put into the case and what sort of deficiencies (if any) were apparent. In a recent case, a father living in New Jersey hired our office to represent him in a CPS case involving his teenage son. The story is interesting and illustrates just how important communication and commitment to the service plan are in CPS cases. Our client and his son’s mother divorced from each other in 2013 and lived separately from that point forward. His ex-wife had primary conservatorship rights to his son which meant that the boy lived with his mom during the week and had weekend visitation with his father. Our client took advantage of the time that he had with his son but his ex-wife was experiencing difficulties with her mental health and with drug use. This is where Texas becomes involved in the lives of our former client and his son. Prior to his ex-wife checking herself into a mental health facility in Texas, she flies down to the Houston area with her son to stay with her sister and brother in law … Continue Reading If you have need a best suitable service your Family Law experience, Family Law Cases in Texas: Examining the Steps in a Child Protective Services Case to the great process!
Family Attorney Houston: During the past few weeks, the attorneys with the Law Office of Bryan Fagan have taken an opportunity to write about the steps of different types of family lawcases in an effort to help you prepare for beginning one. Whether you have never been to court or are a courtroom veteran, we hope that this information is useful. If you have not already done so, I would recommend that you go back over the past few days and read our blog posts on the basics of courtroom conduct as well as the introductory material that we provided you with about Child Protective Services (CPS) cases. Today we will continue our discussion on CPS cases by bringing you into the family law courthouse and showing you what the steps are in a CPS case. If you are involved in a CPS case the volume of people that you encounter and the number of possible courtroom appearances you may have to appear in can be overwhelming. To compensate for this we will break down each stage of the case in some detail to differentiate each from one another. WHEN ARE YOU REQUIRED TO GO TO COURT IN A CPS CASE Unlike other kinds of family law cases, where settlements and negotiations are ongoing, CPS cases typically require courtroom appearances and judge made rulings in order to resolve issues. This simplifies things to an extent but also can lengthen a case dramatically. It’s possible that you will need to attend a handful of hearings in order to present your case to a judge and to allow CPS to do the same. The purpose of each of the following courtroom appearances is unique, meaning that you will not repeat the same information to a judge over and over. Usually, judges are looking for steps that you are taking in order to satisfy the safety plan or agreements made with CPS in order to get back the primary conservatorship of your child. EMERGENCY HEARING Divorce Attorneys in Houston: An Emergency Hearing is the first step in the CPS case process if your child has been removed from your home. If CPS deems your situation to be an emergency they can remove your child without a court order but must seek one from a judge within one working day of when their Petition is filed in court seeking to grant themselves conservatorship rights to your child. It’s likely that you will not be able to attend this hearing given how quickly the hearing takes place relative to when your child is removed. The reason the hearing is held is for the judge to understand why your child was removed in the first place and whether the facts and circumstances justify their continued removal from your home. CPS will have to justify their removal by presenting information that their investigators have dug up thus far in their investigation. The judge will be interested in learning what accusations and allegations have been made against you and why your home presents a present danger and risk to your child’s well being. If there are relatives of your child who can take him or her in during the case CPS will need to tell the judge any efforts to place your child into this type of situation rather than foster care. SHOW CAUSE OR ADVERSARIAL HEARING Houston Divorce Attorneys: The next hearing, and likely the first that you would be present for, is called a Show Cause or Adversarial hearing. This is the stage where if you can have an attorney present with you it is absolutely in your best interest that you have one. The hearing occurs within fourteen days after your child was removed from your home. It is at this hearing that the judge will decide whether removing your child was appropriate and to set forth some orders to ensure that your child is safe until the case is completed. In all likelihood, this will be your first opportunity to have your child returned to you. The judge may believe that the circumstances that led to your child’s removal are no longer in place, and therefore continued removal is inappropriate. Or the judge may believe that there were never sufficient circumstances in place to justify the removal. It is important for you and your attorney to be able to communicate any change in circumstances to the judge in order to allow him or her to weigh those facts. The CPS attorney handles dozens of cases per day in a large county like Harris, so it’s unlikely that he or she knows of any specific facts from your case. Use this to your advantage. On the other hand, the judge could place your child with a member of your or your spouse’s family if a suitable home is available. It is recommended that you provide the names, contact information, and addresses for possible homes for your child to your attorney prior to the hearing and to bring this information to the actual court date. Even if your child is not returned to you it is undoubtedly better for your child to stay with a family friend or relative rather than in foster care. Finally, it could be determined by the judge that it is in your child’s best interest to remain in the care of CPS temporarily while your case is ongoing. No matter what the end result is, the purpose of the Show Cause hearing is for you to be able to present a case from your perspective. Your attorney will work with you on removing any dangerous conditions or persons in order to show the judge what positive steps you are taking to ensure the safety of your child. PERMANENCY PLANNING TEAM MEETINGS Divorce Attorneys Houston: Permanency Planning Team Meetings are an informal event that takes place within a month or so of your child being removed from your home. This meeting is repeated every four months thereafter until the end of your case. The meeting does not take place in court and the judge will not be present. The other parties in your case will be present including you, your attorney, the CPS attorney, CPS investigators and any representatives on behalf of your child. In some circumstances, your child may even be allowed to attend if he or she is over the age of 12. It is at this first meeting that a service plan is developed stating goals for your child … Continue Reading If you have need a best suitable service your Divorce Law experience, Verbal and emotional abuse: Mistakes to avoid in a Texas Divorce to the great process!
Divorce Lawyers in Houston: If you begin down the road towards divorce it is easy to encounter roadblocks. Many of these barriers are ones that are completely out of your control and must still be dealt with. In some areas, however, it is possible that you can create your own difficulties along the way and become your own worst enemy. With as many elements to a divorce as there are it is easy to create a nightmare divorce case for yourself. One of the common areas that I see people struggle during a divorce is in the area of emotional and verbally abusive behavior. When I mention this to you images of you and your spouse bickering at each other with your foreheads only an inch apart may spring to mind. While it is possible that you all could act like this (I’ve seen it happen, trust me) it isn’t exactly what I had in mind when I came up with the idea to write this blog. Your behavior during your divorce is tied closely to your emotional well being, the emotional well being of your child and your financial strength in the years after your divorce concludes. If you are able to control your emotions, work with your spouse instead of against him or her and manage your own expectations it is possible that your divorce could end up being a difficult but manageable affair. However, if you cannot control your behavior and emotions and let them rule your case you are setting yourself up for a long and very taxing divorce case for yourself, your spouse and most importantly for your children. Let’s examine how verbal and emotionally abusive behavior can take their toll during your divorce. EXHIBITING DEMANDING BEHAVIOR WHILE OFFERING NOTHING IN RETURN Family Lawyer Houston: In your line of work do you ever have to deal with a person who expects you to bend over backward for her? Every request she makes of you is done with the intention of offering her solutions to her problems while you and yours are the farthest things from her mind. Does this person’s attitude make you want to work more with her or never see her again? I’m willing to bet that we all know someone like this- whether it is in our professional or personal lives. No matter where we know them from, the end result is that when we see him or her walking down the hallway at work towards us or see their name pop up on our caller ID our reaction is the same- to recoil, roll our eyes or to do some combination of the two. Either way- we do not want anything to do with this person and will do whatever it takes to minimize the amount of time with which we have to be around him or her. No matter how you feel about your spouse, or what he or she has done to merit this divorce, going into a divorce with this same kind of demanding, take no prisoners approach will spell doom for any chance of completing your divorce with minimal cost and emotional output. The fact is that if you do not put on your negotiating hat early and often during your divorce the feeling will be returned in kind by your spouse. Meaning: if you don’t attempt to negotiate and settle the important issues of your case, pretty soon your spouse will act in the same way no matter his or her intentions at the beginning of your divorce. When you communicate your positions to your spouse do so by explaining yourself with details about why you are asking for the things that you are or taking the positions that you are. If you state your arguments in terms of demands then your spouse will do the same. Demands will often result in additional and steeper demands. This behavior will escalate and before you know it your divorce that could have been somewhat amicable has been turned into a war of words. Negotiating while explaining your motivations to your spouse is a great method to begin your case. Your spouse can learn why you are asking for something instead of making assumptions. Assumptions can sometimes be correct, but you can bet that during a contentious divorce your spouse will not likely assume that you have the best of intentions on a subject, even if you really do. Explaining your motivations behind asking for something in particular during a divorce from the perspective of what it can mean to your children is especially smart. This is because no matter how your spouse feels about you or your divorce, it is likely that you two share the best interests of your children in common. If you believe that doing something is in the best interests of your children make sure your spouse is aware of that. He or she may not have looked at it from that perspective. ATTEMPTING TO EXACT SOME EMOTIONAL REVENGE AGAINST YOUR SPOUSE Divorce Lawyers Houston: If you are going through a divorce it is likely that you are hurting in some way. Typically it is emotional hurt and sometimes it can even be a physical pain you are feeling. There is no excuse for your spouse treating you poorly or being physically violent for you. Your spouse cannot justify their past behavior and neither can his or her attorney. In your mind, you may want to have your attorney throw the book at your spouse when it comes to airing whatever grievances you have against him or her. Your Divorce Petition could be littered with accusations about bad acts of your spouse and a temporary orders hearing or trial can be just another opportunity to swing an emotionally heavy stick at your spouse in public to embarrass or get even with him or her. It can feel good to do this. To feel like you’ve settled a score or evened things out. From my experience, this feeling is only temporary. When you have an opportunity to step back and assess what has happened in your case you will probably regret having taken whatever steps you did to humiliate your spouse. This is true even if your spouse … Continue Reading If you have need a best suitable service your Family Law experience, Managing a Texas Family Law Case, Part Three to the great process!
YOUR RIGHTS IN A CHILD PROTECTIVE SERVICES (CPS) CASE Divorce Lawyer Houston: It can feel like that you have no rights whatsoever, and that CPS can do whatever they would like to you if you become involved with them. After all- if they can remove your children from your home, what else is there that they can do? It is this fear of the unknown that has lead to the Law Office of Bryan Fagan wanting to post a series of blog posts on family law cases in general. Today’s blog will continue to focus on CPS cases. We will begin today’s discussion by going over what rights you do have in a CPS case. We will start by going over information that I included at the end of yesterday’s blog. You have the right to be represented by an attorney in your case. This is especially true if CPS is wanting to terminate your parental rights. If you cannot afford an attorney you should inform the judge of this and he or she may be able to appoint you an attorney. Sort of a basic right that I think should put you at ease (somewhat) is that CPS and the judge will not hold any hearings without you knowing of the date and time for that hearing. You may have zero experience with attorneys, judge, and court in general. However, this will not keep you from attending any hearing and having your opinion known at those hearings. You will be given notice of any courtroom hearing. On a more basic level, your CPS caseworker has to keep you informed of your child’s case and update you on their well being. This does not mean that every time you call him or her you will be able to speak to them, but it does mean that phone calls made to their office will have to be returned by the CPS caseworker or their supervisor. In fact, your showing an interest in the day to day happenings and remaining in communication with him or her may be required by the judge in your case. A RUNDOWN OF THE PEOPLE INVOLVED IN YOUR CPS CASE Houston Divorce: The person who will play perhaps the most integral role in your CPS case is the CPS caseworker. After your child is removed from your home the CPS caseworker’s name and contact information will be provided to you. Another caseworker will be assigned to your case within a few weeks of your child being removed from your care. The caseworker will provide you with more information and will ask you for additional information about your child and the situation and led to their removal from your home. Perhaps most importantly your CPS caseworker is charged with following up on the well being of your child and can answer questions as to how he or she is doing while in CPS case. Finally, it often occurs that a service plan will need to be worked out between yourself and CPS. This plan is an overview of what CPS believes to be necessary in order to allow the return of your child to your home. A rule of thumb that applies to your caseworker that also applies to many other people we are going to discuss in this section is that if you do not hear from your caseworker for a period of time it is a smart move to initiate a phone call to him or her. HIRING AN ATTORNEY Houston Family Lawyers: If you hire an attorney or are assigned an attorney by the judge he or she will go over your case with you in order to learn more about your child, you, your family and the circumstances that led to your child being removed from your home. It is important that you share details that you believe to be important with your attorney. There may be aspects of your case that you may have overlooked that can be extremely important to quickly returning your child to you and your family. While in court your attorney will speak and advocate on your behalf. CPS hearings can vary in length and complexity so having an attorney by your side to help navigate a hearing is crucial. Unless you yourself are an attorney it’s unlikely that you will understand all of the issues well enough to represent and speak on your own behalf. Even more important than speaking for you in court, your attorney will be your guide for the times you are not in court (which is most of the time during your CPS case). If you don’t understand the issues of your case or are unclear about why the judge said or did something in your hearing your attorney will help you to understand. The rights that you possess are hypothetical unless you understand them and can apply them properly. Your attorney will guide you in this regard as well. The service plan that we discussed in the prior section on CPS caseworkers is the key to unlocking your case, shortening it if possible and ultimately getting your children back in your care. The plan will need to be completed exactly as it is outlined in your agreement with CPS and your attorney can act as an accountability partner in ensuring this occurs. CPS IS REPRESENTED BY AN ATTORNEY Houston Family Law Attorney: Having your own attorney to advocate for your rights is important because CPS will have their own attorney to represent their interests and rights in your case as well. The objective of the CPS attorney will be to speak to the judge about why CPS needs to remain in custody of your child. LAWYERS FOR YOUR CHILDREN Two persons that will be involved in your CPS case are Attorney Ad Litems and the Court Appointed Special Advocate. An attorney ad litem will be appointed by the court to represent the interests of your child. He or she will do this by meeting with your child to learn more about him or her and will advocate based on your child’s best interests in court. You may be thinking to yourself- I’m the child’s parent, therefore I am the one who should be doing this … Continue Reading If you have need a best suitable service your Family Law experience, Managing a Family Law Case in Texas, Part Two the great process!
WHO CAN ATTEND YOUR COURT APPEARANCE WITH YOU? Family Law Attorney Houston: Your hearing is not a closed process where only the parties, their attorneys, and the judge can attend. Any other party with a hearing scheduled on your date will be in the courtroom at the beginning of the day and can be in the courtroom while your hearing is going on. This means that you can bring any adult that you would like to attend the hearing with you and to at least sit in the gallery of people. A distinction to make is that people that will act as witnesses in your case will typically not be allowed to remain in the courtroom during your hearing and will be asked to sit outside. This is due to a belief that their testimony could be affected by the testimony of others. On the other hand, if the adult joining you in the hearing is not a witness he or she will be allowed to remain in court throughout the day. Before bringing a person to court make sure that you discuss it first with your attorney. Children cannot be in the courtroom at any time. The exception to this is if the judge has ordered your child to be present for some purpose- possibly an evaluation of him or her. I have had clients who have not been able to arrange child care for the morning of their hearing. Those folks will bring along a family member to watch the kids outside of court while the proceedings continue on. A WORD (OR TWO) ON MEDIATION Houston Divorce Attorney: Let’s take a break from discussing in-court matters and introduce the subject of mediation. You may be under the impression based on our first couple blog posts on this subject that your case will certainly be headed to court to solve any problems that you are presenting to our justice system. That impression would be incorrect and we discuss the circumstances as to why. Yes, your case can be ultimately determined by a judge in a courtroom. The alternative method of resolving disputes is through a process known as Mediation. Mediation is a method to avoid the costs, time commitment and uncertainties surrounding a visit to court in order to resolve and settle your family law case. Mediation is a common method to formally settle your case for either temporary orders or final orders. A mediator is a neutral, independent third party (typically a practicing family lawattorney) who is selected by your attorney and opposing counsel to help bring about an agreement between you and the opposing party. All parties and their attorneys will meet at the mediator’s office in separate rooms to hold a mediation session that typically lasts 3-4 hours. The mediator acts like a ping pong ball, bouncing between you and your opposing party to convey settlement offers, discuss issues and to generally play devil’s advocate on any arguments or theories that you and your attorney have. The benefit of having an experienced family law attorney to mediate your case is that he or she has likely tried cases in front of your judge and can provide you with feedback on any issues that you are interested in presenting in either a hearing or trial. If you learn ahead of time that an argument you want to make will likely not go over well, then you may focus more intently on settling your case rather than proceeding to court. Mediators do charge for their services, however, the cost is usually under $500 per party. This is opposed to a one day or multi-day trial or hearing that can cost much, much more in attorney’s fees but also emotional and physical stress. CHILD PROTECTIVE SERVICES CASES Houston Family Lawyer: Unfortunately, you may be in a situation where Child Protective Services (CPS) has become involved with you and your family. The fear of having your child removed from your home for reasons that are largely beyond your control is enough to keep you awake at night. The second thought of having to deal with these folks in a legal matter is equally fear inducing. Let’s break down what a CPS case is and what its outcomes could mean for you and your family. CPS is an organization that is headed by the Texas Department of Family and Protective Services. This is a State Agency whose objective is to protect the children of our State. CPS learns of children possibly being in harm’s way by receiving phone calls where allegations of abuse or neglect are made. CPS will investigate the call and make an inquiry about the allegations made. Typically a CPS case investigator or caseworker will come to your home to interview you, your spouse and any other person they deem as being relevant. The objective would be to find out as much as he or she can about the call that was made about your child and to determine whether or not the actual facts and circumstances exist to substantiate the call. If CPS conducts an investigation and determines that your child’s safety and well being are at risk the decision can be made to remove your child from your home. CPS will seek a court order to remove your child and will need to get one prior to doing so. Within two weeks of your child’s removal from your custody, a hearing will have to be held in court in order to allow CPS to continue to have temporary conservatorship rights over your child. At this hearing, you and your spouse will have an opportunity to discuss the case with your judge. Your side of the story will be important for the judge in order to make sure that the view he or she is receiving from CPS is not slanted or incorrect. This hearing is your only opportunity to discuss the issues of your case with the judge. You are not given an opportunity to have time alone with the judge off the record so the courtroom is where all communication will occur. A judge can order you and your spouse to undergo treatment or counseling and can require you to complete certain steps in order to get conservatorship of your child back. You receive any paperwork filed by CPS against you. Likely a Petition would have been filed naming you as the Respondent … Continue Reading If you have need a best suitable service your Family Law experience, Managing a Family Law case in Texas the great process!
Houston Divorce Lawyer: The piece of advice or reassurance that I provide to clients with the most frequency before a courtroom appearance is that the anxiety that we all possess surrounding events that we’ve never experienced before has more to do with a fear of the unknown that the actual event itself. Very rarely has someone gone to court and testified, only to tell me that the actual experience itself was worse than he or she expected. It’s the unknown, and the apprehension that surrounds the unknown, that is often the worst part of beginning a family law case for many people. While courtroom activities will most likely not be the biggest or most important aspect of your family lawcase, it is possible that you will have to spend some amount of time in a courtroom for a hearing or even a trial. With that said, knowing what to expect and how to manage the emotions and stressors related to filing a family law case and appearing in court are crucial. The attorneys with the Law Office of Bryan Fagan would like to share with you some thoughts on this subject and provide you with a general overview of how to plan for a family law case in Texas. HEADING TO COURT: WHAT TO EXPECT AND HOW TO MANAGE THOSE EXPECTATIONS Whether you need to go to court to have a full-fledged trail on your divorce or child custodycase, or you and your attorney are simply appearing in front of the judge for an uncontested “prove up” hearing to conclude your case knowing how to conduct yourself in court is important. DRESSING FOR COURT Divorce Lawyer in Houston: I always hesitate to give advice to other grown people on how to dress. Most people (and you can probably count yourself among this group) are more than capable of dressing themselves for any event- court included. It doesn’t hurt though to make absolutely sure that you are aware of what is and what is not appropriate clothing to wear prior to stepping foot in court. After all, you can only make one first impression on a judge. Neatness and cleanliness can make up for a lot in my experience. There is no need to go out to the mall for a new wardrobe the first time your attorney tells you that you have a court date coming up. Simply taking whatever professional clothing you have, piecing together an outfit, and then making sure that that outfit is clean can make a huge difference and save you money in the process. If you’re a man, wearing a suit is never a bad bet but a collared shirt tucked into dress pants will do as well. Wash your shirt and pants, iron them if necessary and wear a pair of sensible and comfortable shoes. Your attorney may have told you that your hearing shouldn’t last more than an hour but he or she cannot control how quickly your case proceeds before the judge. You may be in court all day and you should dress comfortably to compensate for this. If you’re a woman, a suit works just as well for you as it does for a man. Alternatively, a dress or pants/dress shirt combination works too. I will warn against wearing clothes that are overly revealing, tight or short. Keep your makeup and hair conservative- even if that is not your style. Again, you don’t know how your judge will react to your appearance. It could be that he or she would be a fan of your day to day hairstyle. It’s just as likely, however, that he or she would not be a fan. Play it safe in this situation. CONDUCTING YOURSELF IN COURT Divorce Attorney Houston: As my mom would say to my sister and me countless times when she or I were taking too long to get ready to go someplace: “It’s not a fashion show.” Upon further review, she was right. After all- the only time anything is actually a fashion show is when you are in a real-life fashion show. Everything else is basically showing off. This is to say that your clothes are not overly important if you stick to the basic rules I laid down in the previous section. The way you conduct yourself and act within the courthouse and your judge’s courtroom is another matter entirely. Your behavior is important and can have an effect on how a judge views you and your case. Showing respect to your attorney, your opposing party, their attorney and all persons you come into contact with in the courthouse is critical. I say “courthouse” and not just “courtroom” because eyes will be on you as soon as you step into the building. Act as if the judge is watching your every movement while in the courthouse. Your courtroom will likely have a bailiff to provide this instruction to you but I’ll warn you to turn off your cell phone prior to getting into court. In Harris County, there are numerous judges that will have their bailiff pick up any cell phone that goes off in their court and will hold onto it all day. This is an extreme example but I have seen this rule enforced and is wholly avoidable. Food, drink, chewing gum, magazines or other “fun” items should not enter the courtroom with you. Once the judge enters the courtroom any light talking that you had been engaging in should cease and you should be prepared to remain silent unless spoken to by your attorney or other courtroom personnel. SPEAKING UP WHEN YOUR CASE IS CALLED Houston Divorce Lawyers: Eventually, your case will be heard by the judge. In some counties, you and your attorney will take seats at a table in front of the judge with your opposing party and their attorney at another table next to yours. If you’re at all familiar with TV shows that show courtroom scenes this should be familiar to you … Continue Reading |
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December 2018
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