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When you bring a lawsuit before the court, you must give the other party proper notice. This other party is called the Defendant, and you are the plaintiff. However, in family law cases, the other party is the Respondent, and you are the petitioner. The defendant is entitled to know about your lawsuit; otherwise, the law infringes on his or her right to defend herself. Yes, this is an important step in due process. What Happens If I Cannot Find The Defendant Or Respondent? If you cannot find the Defendant, there are other options. In Texas, you may file a…Read More

We Answer The Top Five Common Questions People Ask About Getting A Divorce In Texas Divorce process in Texas is straight-forward – when you know what you are doing. The information that we provide in this article does not substitute speaking with an attorney about your specific case. To initiate a divorce, one spouse must file an Original Petition – this document asks the court to grant your divorce. Additionally, the initiating spouse must serve (give proper notice) to his or her spouse. How Do I File For Divorce In Houston Texas? You can file for divorce in Houston by…Read More

Who Is “Unfit” Parent? When two parents are fighting for child custody, the bottom line, at times, is who is a better parent. The best interest of the child rests on which parent is ‘better’ capable of caring for the child. No parent is perfect – because life is not perfect. But both parents want more time with the child. Therefore, being an unfit parent will reduce a parent’s chance of getting more time with his or her child. The Texas Family Code, section 153.131 states that a parent is unfit to have custody of a child if it would “significantly impair the…Read More

Promise or Marriage Agreement must be in writing to Enforce or Get Ring Back. A promise or agreement made on consideration of marriage or living together is not enforceable in court. There is an exception; the promise or memo of promise must be in writing and signed by the person obligated by the promise. In other words, any prenup agreement must be in writing and signed. In the case of Curtis v. Anderson, in 2003, the fiance (man) demanded his engagement ring back. Here are the facts: he proposed and argued that there was a mutual understanding that the ring…Read More

A Big Win for Texas Parents! In a recent case last month, the Texas Supreme Court ruled that a fit parent’s opinion counts over non-parents. Who Is A Fit Parent? Generally, a “fit” parent has no criminal record or family violence orders – anything that makes a parent’s character questionable. This may sound like a no-brainer, but the facts were quite unique. (In Re C.J.C.). A Rebuttable Presumption – Facts: Mom wanted to modify custody orders. However, Mom died in a car accident while case was pending. Dad sought for sole custody. On the other hand, deceased Mom’s fiancee, who…Read More

Mediation is a method of resolving conflicts between two parties. The mediator is a neutral, impartial person helping the parties to reach an agreement or settlement. Harris county court policy requires that the parties attempt to resolve their disputes. In other words, the court wants to make sure that the parties tried to settle. Mediation can take the whole day; other times, you can ask for half-day mediation. When Mediation Reaches An Impasse, What Do You Do? There are three options. This is not an exhaustive list. Go back to mediation. It is not uncommon for parties to go back…Read More

What are the common causes of conflict in family relationship? Intimate partners have disagreements. Parents and children clash. Even friends, siblings, and colleagues exchange hurtful words. The settings may be different, but family relationships have their differences. As a result, a good place to start for resolving conflicts is the foundation. Causes Of Conflict Disagreement: no two persons are the same. Therefore, it is inevitable that two people will not always see eye to eye. When you disagree, “agree to disagree”. Then, find a common place, a compromise. What is the one place where you two can meet? Communication: whether…Read More

Why Mediation Is Important And How To Choose A Good Mediator Mediation is the process of resolving conflicts through a neutral party. In most courts, the judges require that the parties attend mediation. The goal is to give them an opportunity to resolve their issues outside of the courtroom. The goal of mediation is to reach an agreement. Benefits Of Mediation It saves money in legal fees. Let’s be honest: legal fees can racked up pretty fast. It is important to seize the moment – when you have it – to save more. Spend less. When you choose a good mediator…Read More

Spanking And Corporal Punishment Gone are the days when a parent can spank a child wherever they want or however they want. No more. The Texas Family Code explains the danger in hitting a child or “inflicting bodily injury” or “physical pain”. Well, spanking causes physical pain, right? Does that mean it is illegal to spank a child? The short answer is “No.” It is not illegal to spank your child. The Family Code and Penal Code for the state of Texas allows parents and guardians to spank a child. However, be aware of the blurred line. There is a fine…Read More

If you are worried about your child’s welfare and well-being, then you need to talk to a family lawyer. Your counsel needs to know about the other parent. First, let us talk about the elephant in the room (or the main questions). No. You cannot deny the other parent visitation because of unpaid child support. However, if you have legitimate concern about the unhealthy environment – drug use, family violence and abuse, neglect of your child, court intervention may help. If you are a parent, who worries about protecting your children from an unfit parent, your need for quality counsel…Read More