Court-ordered Processes that Aid in Determining Conservatorship

Author: | July 27th, 2015 | Category : Houston Divorce Attorney

If you’re new here, you may want to subscribe to my RSS feed. Thanks for visiting!Texas Family Code Chapter 153 defines the various factors that are taken into account by a family court before deciding on conservatorship and this chapter also mentions the various rights & duties that come with conservatorship. However, in some cases, a court may not be able to determine the type and manner of conservatorship. In … Read more »

Conservatorship in Texas

Author: | July 20th, 2015 | Category : Legal News

The legal term used in Texas for child custody is conservatorship which is used for filing any type of Suit Affecting the Parent-Child Relationship (SAPCR). Conservatorship is used by the family courts in Texas to define the rights & duties of both parents with respect to the child. It can also be used to limit the parental rights provided the courts have received evidences that call for such measures so … Read more »

Court Processes for the Child Protection Cases

Author: | July 13th, 2015 | Category : Houston Divorce Attorney

In one of the previous blogs, we discussed the role of Child Protective Services (CPS) or as it referred in Texas, the Department of Family and Protective Services (DFPS). Now, let’s briefly discuss the various hearings and meetings that are associated with the child abuse & neglect cases. In majority of such cases, the different processes involved are: emergency hearing, adversary hearing (also known as show cause), initial permanency planning … Read more »

Child Protection Cases in Texas

Author: | July 10th, 2015 | Category : Texas

Child Protective Services (CPS), which is known here as the Texas Department of Family and Protective Services (DFPS), is a division within the State and local social services that plays a pivotal role in the cases of child abuse and neglect. It is created by the law and its role, responsibilities, and powers are described in the Texas Family Code, Chapter 261. A central registry in Austin maintains all the … Read more »

Protective Orders In Texas Against Family Violence

Author: | May 28th, 2015 | Category : Houston Divorce Attorney, Texas Family Law

Texas Family Code provides protection against family violence committed by a family member as well as by an outsider who has/had a relationship with the petitioner. Protective order, also known as restraining order in some states, is a court order issued to protect the victims (or likely victims) of family violence. There are two terms that are used in this regard namely family violence and dating violence that cover various … Read more »

Child custody jury trial

Author: | May 24th, 2015 | Category : Harris County Child Custody Lawyer

Child custody jury trial Child custody litigation is arguably one of the most stressful aspects of a family law case. In most states, child custody trials are heard by a judge as opposed to a jury; Texas is the only state permits jury trials for custody cases. Child custody can be one of several issues before the court in divorces cases, or it can be the only issue where parents are unmarried … Read more »

Getting texts off your phone for trial

Author: | May 23rd, 2015 | Category : Houston Divorce Attorney

Getting texts off your phone for trial Judges and Juries will not usually read the texts from your phone.  It is always best to print out the texts and offer the paper version into evidence.  Also, offering and getting the phone into evidence, means your phone is now part of the court’s record, so you will never get it back. Printing messages from your phone For iPhone: One way is … Read more »

Voir dire jury for divorce and child custody

Author: | May 22nd, 2015 | Category : Houston Divorce Attorney

Voir dire jury for divorce and child custody Voir dire is used to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve (knowledge of the facts; acquaintanceship with parties, witnesses or attorneys; occupation which might lead to bias; prejudice against the father being appointed the primary; or previous experiences such as having been sued … Read more »

Best interest of child test elements used in trial

Author: | May 20th, 2015 | Category : Harris County Child Custody Lawyer

Best interest of child test elements used in trial Although there is no standard definition of “best interests of the child,” the term generally refers to the deliberation that courts undertake when deciding what type of services, actions, and orders will best serve a child as well as who is best suited to take care of a child. “Best interests” determinations are generally made by considering a number of factors … Read more »

Texas Family Code Sale of Homestead

Author: | May 19th, 2015 | Category : Houston Divorce Blog

Texas Family Code  Sale of Homestead Often we receive inquiries from married couples about whether their spouse has the legal right to sell the homestead without their knowledge & consent even if the homestead belongs to their spouse prior to marriage (i.e. separate property). The simple answer is, NO. The Texas Family Code § 5.001. clearly states that, “Whether the homestead is the separate property of either spouse or community property, … Read more »