Saturday, July 05, 2014

How to Be A Better Parent After Divorce

Tuesday, July 01, 2014

What Should A Parent Think About Before Relocating

If you are current engaged in divorce, are thinking about a divorce, or are post divorce, you may have thought about moving your children to another city, state or even country.

Although the idea of a fresh start in a new place may sound appealing, it may not be as easy as you think especially if 
children are involved.

Before you rush into any decision, here are three tips to consider before you start packing:

1.  Is this move really in the children's best interest?

When you relocating your children, you are moving them away from the other parent.  That may sound like a good idea, but for your children this may be a devastating move.  As Texas courts do, you must also think about what is in the best interest of the children before you make any moves.  If your ex-spouse has possession time with the children, chances are that your decree has a geographic restriction on the residency of the child.  it will not be easy to convince the courts to lift those restrictions and allow you to move away unless you have a very compelling reason.  Remember also that you will be moving your children from both family and friends and they will have much more limited access to that support system.   If you have to litigate this matter, it may be a long time before you get a ruling from the Court, so timing of your move is also a critical consideration.  If your children are old enough, you should open a dialogue with them very 
early on so you can access their wishes on whether they want to move at all.

2.  Develop a plan.

Have you thought everything through?  What school will your children attend?  Is that school as good or better than the 
 one they are leaving?  Who is going to take care of the children when you cant?  Do you have family or friends nearby?  Many parents consider relocating for work.  Is your job definite or a "maybe"?  Is the new job really a better opportunity?  The court will be asking these and many more hard question.  You better have a good answer and a solid plan.

3.  Talk with the other parent

Communicate with the other parent about your proposed move.  Who knows?  You may be shocked to find they are 
willing to cooperate with the move.  That's the best scenario and would save you considerable litigation costs.  By 
communicating you can together develop an appropriate parenting plan and visitation schedule.  Communication can also promote creative solutions such as virtual visitation through Skype or Face-time.  Open communication and assurance that you are not trying to cut the other parent out of the children's life will make deciding details such as travel 
expenses for visitation and other issues much easier and without expensive litigation.  

There are just a few of the important considerations you have to take into account if you are thinking of relocating your children.  You should talk with an experienced family lawyer about all the factors that the court will take into account.  

Ultimately, relocation with children should not be an impulsive decision, but rather one that is well thought out  and planned appropriately.    

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Friday, October 05, 2007

Doctor Blows Himself Up Rather Than Give Up House In Divorce

A sad example of the insanity some people allow themselves to fall into in a divorce.

A 66 year only New York physician apparently blew himself up along with the $6million dollar historic Manhattan building that was the source of his bitter divorce case. He had told his wife that he would only leave the house if he was dead. In an email sent to his wife prior to the explosion, he said that she was a "gold digger" but that she would wind up only being a "ash and rubbish digger".


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Friday, May 18, 2007

Legislature Passes Attorney Privacy Bill

On Tuesday, Governor Perry signed legislation that allows lawyers to choose to keep their home address, home telephone number, Social Security number, email address, and date of birth confidential. HB 1237 takes effect on September 1, 2007.

Friday, March 30, 2007

Texas Senate Passes Family Law Bills

The Senate passed several bills supported by the State Bar Family Law Section this week. Each measure is authored by Senator Chris Harris (R-Arlington) and will move to the House for consideration:

SB 304 relating to the calculation of child support obligations.
SB 430 relating to a claim for reimbursement in a suit to dissolve a marriage.
SB 432 relating to the consent to and annulment of certain marriages.
SB 433 relating to attorney's fees in certain post-judgment proceedings.

Friday, February 09, 2007

New Proposed Law Schools In Texas

Two bills establishing new Texas law schools have been filed in the Texas Legislature.

Senator Royce West (D-Dallas) filed Senate Bill 105, which establishes a law school in Dallas by the University of North Texas System. For more information, please click here.

House Bill 1099 by Representative Eddie Lucio III (D-Browsnville) would establish the Reynaldo G. Garza School of Law at the University of Texas at Brownsville.For more information, please click here.


Sunday, January 21, 2007

Signature Required For Discovery In Texas Family Law Cases

The Texas Rules of Civil Procedure 191.3(a) says that if a party is represented by an attorney in a Texas Family Law case, then every request for discovery, every disclosure, every objection, response and notice must include the attorney’s signature. It must also include his or her Texas State Bar number, his or her address, phone number and fax number.
If the party is pro se, it must include the party’s signaure, address, and telephone number and fax number (if any).

The Effect of the Signature

The signature on a disclosure certifies that, to the best of the signer’s knowledge, information, and belief, which was formed after a reasonable inquiry, the disclosure is complete and correct as of the time it is made. (TRCP 191.3(b)). The signature on discovery request, notice response or objection certifies that, to the best of the signer’s knowledge, information and belief, which was formed after a reasonable inquiry, (1) the item is consistent with the rules and warranted by existing law or good-faith argument for the extension, modifiction , or reversal of existing law; (2) has a good faith factual basis; (3) is not interposed for an improper purpose; and (4) is not unreasonable or unduly burdensome or expensive. (TRCP 191.3(c)).

Effect of Failure to Sign

If a request, notice, response, or objection is not signed, it must be stricken unless it is signed promptly after the omission is called to the attention of the party. A party is not required to take any action with respect to a request or notice that is not signed. (TRCP 191.3(d)).


If the certification is false, without substantial justification, the court may, upon motion or its own initiative, impose on the person who made the certification, or the party on whose behalf the request, notice, response, or objection was made, or both, an appropriate sanction as for a frivolous pleading or motion.