Family Law

• Divorce
• Child Support
  The Texas Family Code presumes that both parents should support their children, though not necessarily in exactly the same way. The noncustodial parent is usually ordered to pay20% of his or her net income to the other parent for the support of the first child, and an additional 5% for the support of each additional child, in addition to the cost of health insurance for the children. Uninsured medical costs are usually divided equally between the parents. Child support is one of the few debts that is enforceable by contempt, which is to say, jail time is a very real possibility if not paid in a timely manner. Child support debts cannot be discharged in bankruptcy, and repeated failure to pay child support can result in loss of all manner of state licenses. The Texas Attorney General often plays an active role in enforcing child support obligations, so it is important to keep current on child support payments. A significant change in circumstances can usually justify modification of a child support obligation and avoid, or at least minimize future problems brought on by changes in income, relocations, or additional family responsibilites. Whether the problem is one of enforcement or modification, the worst solution to a child support problem is to ignore it. It never goes away, it almost always gets worse over time, and both the child and the parents suffer the consequences in the end.
• Child Custody and Visitation
  The first consideration in Texas child custody litigation is what is in the best interest of the child. The Texas Family Code specifically prohibits the courts from discriminating against either parent on the basis of gender when assigning primary custody of a child. There are a number of presumptions built into the Family Code. For example, it is presumed that the parents should be named joint managing conservators, absent a history or pattern of family violence, abuse or neglect of the child. That means that the rights, privileges, duties and responsibilities of parenthood that accrued naturally, with the birth of the child, should remain relatively stable in most cases, except that only one parent will have the exclusive right to designate where the child resides and attends school. The other parent will have the right of possession of the child at all times mutually agreed, and in absence of mutual agreement, under the terms and conditions of the Standard Possession Order set forth in the Texas Family Code, Section 153.311, et. seq. Custody cases can be quite taxing, both emotionally and financially. For that reason, various alternative methods of settlement are available, including collaborative law, mediation, settlement conferences, and family counseling. In the event that a stalemate is reached and the parents cannot agree on any compromise regarding primary custody of a child, a trial is available to make that determination. Except in the case of a jury trial, a child who is twelve years or older will be allowed to discuss his or her concerns with the judge. Children under twelve may be allowed to confer with the judge, based on the child’s maturity and the judge’s discretion. If either party feels more comfortable presenting the facts to twelve jurors, rather than one judge, Texas is one of the very few states that allow a jury to determine primary custody of children in such cases.
• Adoption
  There are two basic types of adoption in Texas. The most common is the step-parent adoption, where a step-parent is being legally substituted for a biological parent. The other type of adoption involves the replacement of both parents. In either case, the parental rights and duties of the departing parent must be terminated by the court as a preliminary part of the adoption process. For the unwed mother who does not know the identity or location of the biological father, or in the case of an absentee father who has chosen to abandon the mother during the pregnancy, the law provides mechanisms for termination of his parental rights in order to facilitate adoption as a solution to problem pregnancies. Upon completion of the adoption, a new birth certificate will be issued by the Bureau of Vital Statistics naming the adoptive parents as the original birth parents of the child and changing the child’s name to the new one chosen by the parents. The Internal Revenue Code provides that the entire cost of the adoption, in some cases, will be reimbursed to the client in the form of a tax credit. The preliminary steps in the process are vital to a successful adoption, and the law requires that the child reside with the adoptive parents at least six months prior to court approval to assure a good bond with the family, but the final hearing is usually brief, so bring your camera. Adoptions are the legal equivalent of the miracle of birth. A family is being expanded by the adoption, which is an act of love that is rarely seen in a courtroom, and most judges deem the ceremonies worthy of being recorded on film.
• Guardianship
• Spousal Support
  Family Law comprises the bulk of our practice, and is the general subject area of jurisprudence that covers most family relationships, including adoptions, divorce, child custody, alimony, division of marital property, protective orders, and the juvenile code. With a focus on family law, we have extensive experience in all of these subjects, as well property, criminal, and other areas of law that commonly overlap family law.

Trusts and Estates

• Probate
• Estate Planning
  Estate planning starts with the last will and testament. A common myth is that if I sign my will, I’ll die. The unfortunate reality is that we are all mortal, we will all die some day, and if we don’t sign a will of our own choosing, the State of Texas has one for us, and we may not like what it does. This is especially true where there are children of a prior marriage. The probate process is usually much more complex and expensive if the decedent has not executed a will. In most cases, the Estate must be probated within four years following the death of the decedent. Another important document that should be considered in conjunction with a will is the durable power of attorney, which may appoint an agent to represent the client in making both economic and health-care decisions in the event of the client’s disability. The directive to physicians, or “living will,” and various species of trusts are indispensable mechanisms for providing the client and his or her family with the peace of mind that comes with knowing their interests have been protected.
• Wills
• Power of Attorney

Health Law

• Personal Injury
  Wrongful deaths that are caused by a defective product, machinery or the negligence of another person or business, including motor vehicle accidents involving large trucks, railroads, or other commercial vehicles are usually actionable and may entitle the surviving family to compensation. These cases are handled on a contingency fee basis, with no fees or costs to be paid by the client under any circumstances. Depending on the type and complexity of the case, the services of an additional law firm that specializes in the particular type of personal injury or accident suffered by the victim may be enlisted at the discretion of the attorney, at no cost to the family.

Criminal Law

• Criminal Defense
  The first rule of criminal defense is to know and use the rights guaranteed to the defendant by the Constitutions of Texas and the United States. The police have a very difficult, and occasionally dangerous job to do in protecting the public from criminal conduct, and most are professionals answering a noble calling. Like all human beings, however, the police are imperfect, and their mistakes can have tragic consequences for the defendant who happens to be in the wrong place at the wrong time, and is charged with an offense because of misunderstanding or mistake. A person who finds himself the target of a criminal investigation should seek the advice of an attorney immediately, before making any statement to any person. The right to remain silent is one of your most valuable fundamental constitutional guarantees. We have access to our own private investigators who, unlike the overworked police, have only our case to focus on, and thus have often uncovered very different facts than their official counterparts, resulting in justice for our clients without going to trial. Our objective is to protect the client’s rights, reputation and freedom, with a minimum of embarrassment to the client.
• DUI/DWI
  DWI is the criminal offense of Driving While Intoxicated, which is defined as operating a motorized vehicle in a public place with a blood-alcohol concentration in excess of 0.8%. DUI is less specific, meaning that the defendant is accused of being under the influence of some intoxicating substance, usually an illegal drug. The first offense is a Class B misdemeanor, punishable by up to 180 days in jail and a maximum fine of $2,000.00. The second offense is considered a Class A misdemeanor, punishable by up to one year in jail and a fine of up $4,000.00, and all subsequent offenses are treated as felonies. Jail time, driver’s license suspension, and substantial annual fees for three years following conviction of DWI are mandatory. In most cases, a DWI/DUI defendant’s initial contact with law enforcement will be captured by the dashboard-mounted video camera in the police cruiser, the majority of which now produce very high quality DVD recordings. These recordings, in addition to blood-alcohol test results, can be very effective evidence at trial for either the prosecution or the defense. In all cases, the defendant should be polite and remember that the police officer has a job to do. Becoming argumentative or combative in front of a camera will seldom persuade a jury of a defendant’s innocence or sobriety. We handle numerous DWI/DUI cases each year, often in conjunction with other criminal complaints.
• Wrongful Death
• Misdemeanors
• Assault
• Identity Theft
  Identity theft has become a booming business in our technological age, and with each advancement in technology, another opportunity for thieves opens up. The best way to protect yourself from identity theft is to be vigilant.