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Waiver of Service – what you need to know. A waiver of service in a divorce case waives your right to be served with the divorce papers. Simple. There are other statements in a waiver. For example, in the waiver, you can waive your right to object to an Associate judge. Also, you can decide whether or not you want to receive notice of hearings. If you don’t want the divorce papers, you can still choose to get notice. This is especially important if you don’t want the court to make decisions on your behalf. Waiver of service is a good option…Read More

What Is Geo-Restriction Or Geographical Restriction? This is a common question during a suit affecting parent-child relationship. Generally during custody cases, parents want to know why they are restricted. The Texas Family Code allows for a parent to be restricted to a certain county. Does that mean I can move? Yes, but within certain distance and count(ies). Can I travel? Yes (see your Order/Decree). Can I travel with my child? It depends. The questions surrounding geographical restriction depends on your Order or Decree. Typically, the parent with primary custody is restricted to a county. However, the rule of thumb is 100 miles…Read More

Is A Court Order Important? The easy answer is yes. The follow up question is “When does the court order take effect? There are three dates to keep in mind: the date of your hearing, the date Judge signed your Order, and the date the clerk entered your document into the court system. What does ‘rendered’ means? It means the date the document “became official.” However, this does not mean a document is not legally binding or enforceable. Remember the three dates I told you to keep in mind? Here is the breakdown: The date of your hearing: date of…Read More

Physical Custody And Legal Custody – What Is The Difference? When you appear before the judge, you need to know your rights as a parent. Physical custody is different from legal custody. The main difference is that physical custody is about physical possession while legal custody is about a parent’s rights and duties. Also, physical custody deals with whom the child lives with. This usually falls into a parent’s period of possession. In Texas, the most common possession order is called Standard Possession Order (SPO). In this type of Order, the parent who does not decide where the child lives may…Read More

What Is The Purpose Of Creating Laws On The Marriage Relationship? Every marriage is a contract. In the state of Texas, the Family Code has statutes that govern the marriage relationship. There is a public policy of marriage; the court presumes that a marriage is valid (proper or correct), but there are few exceptions. Every Marriage Presumed Valid In order to promote the public health and welfare and to provide the necessary records, this code specifies detailed rules to be followed in establishing the marriage relationship. However, in order to provide stability for those entering into the marriage relationship in…Read More

The Crushing Impact Of Child Support Debts On Low Income Families In The Minority Communities (A Law Review Article By Rachael Aminu) What Is “Redefining The Best Interests Of The Child?” This is an excerpt of the article written by attorney Rachael Aminu: The Child’S Development Is The Authentic Best Interest The development of a child is important, and money is not always the solution. The attention and presence of healthy parents can build a child’s confidence and outlook in life – his or her transition into adulthood. Development is not limited to the physical upbringing; it includes the emotional, mental, and…Read More

Extended Or Expanded Standard Possession Order – What It Is. One of the questions we get at our firm is: how do I get more time with my child? You may need to modify your previous child custody order. This is called modification. In a modification suit, you ask the court for a change in its previous ruling. The order may be about which parent has the right to choose where the child lives. Also, your order may determine which parent gives child support. There is a rebuttable presumption that mom gets child support and decides where the child lives. Again,…Read More

Learn what to expect when you are faced with the enforcement of child support. Children need the support of their parents. More importantly, children thrive when they are emotionally and financially supported by their parents. It makes them feel wanted, cherished, and cared for. It can boost their self-esteem and affects their quality of life. Why Enforcement? An enforcement of child support is the way a parent or the government office (OAG) can secure financial support. When a parent does make child support payments, the child does not have what he or she needs. The other parent may not be able to…Read More

How To File For Modification Of Child Support In Texas. Modification means change. A court order for custody or child support can be changed. However, there are legal guidelines for changing custody and support amount. How to change current custody, visitation, medical, or child support order. You file a modification case. A Texas court cannot enforce any changes that parents agree to outside of the court. Only a judge can change a court order. It is important to talk to an attorney before filing because modification cases are facts-dependent. In other words, the court will look at the facts of…Read More

Child Abuse Facts And Statistics. The child protection agencies receive more than 3.6 million referrals every year. These referrals involve more than 6.6 million children who are victims of child abuse. Unfortunately, the United States has one of the worst records among industrialized nations. We lose an average of four to seven children every day to child abuse and neglect. As if these numbers are not staggering enough, one-year-old children have the highest rate of victimization. Learn What Child Abuse Is. What Is Child Abuse? To help prevent child abuse, you need to understand what it is. Let’s look at the…Read More