Father Child Custody Cases in Texas

Posted on | November 8, 2011 | No Comments

Although Texas family law does not have a preference in custody awards of minor children, the fact is more mothers than fathers end up being the custodial parent.

No one wants to engage in a custody battle, but, it is a better alternative than being cut out of your child’s life. Custody is often the most contentious issue in a divorce because each parent believes themselves to be the better parent. However, custody is based on what is best for your children and the courts have long-held that a good and loving relationship with each parent is best for a child except under the most extreme circumstances.

The good news for fathers who want to play an active role in their children’s’ lives is that joint custody has become more common place. In fact, most family courts prefer divorcing couples to work out joint custody arrangements.

However, you still may be facing an ex spouse who wants sole custody. If so, then you must be prepared to show the court that you want an active role in your child’s life and are a good and loving parent. A few simple steps you can take to reinforce your participation in your child’s life include:

• Keeping a log of your involvement with your child such as :
o Extracurricular activities
o Doctor appointments
o School events
o PTA meetings
o Parent/teacher conferences
• Making prompt support payments
• Keeping and maintaining agreed upon visitation
• Obeying any temporary orders issued by the court

However, your Texas child custody attorney should be prepared to take your case to trial if necessary, in order to protect your rights—and the rights of your child to have his or her father in their life.

An experienced Texas child custody lawyer protects fathers’ rights

Custody battles can be very difficult but you should never attempt to use support or other coercive methods to leverage custody. To discuss the legal options in your child custody matter, contact us online or call (972) 562-0266 to schedule an appointment.

Texas Child Custody Mediation

Posted on | October 24, 2011 | No Comments

One of the most difficult issues to resolve in a Texas divorce is child custody. Divorcing spouses often dispute who is the better parent, which can lead to using their children as weapons or bargaining chips. Since the standard used by the Texas family courts in determining child custody is the best interest of your child it serves no one to engage in protracted battles over custody. Using mediation, the use of a third party to assist two parties in reaching an agreement, to develop a child custody plan can help you find solutions to your child custody disputes and save you time, money, and emotional stress.

Before you begin child custody mediation you should get advice from an experienced Texas child custody attorney. Questions that you should ask your attorney about child custody mediation include:

• What documents will I need for the mediation?
• Can you give me legal advice throughout the mediation process?
• What happens if I cannot reach an agreement with my ex spouse?
• If I want to make changes later on, will I be able to?

Although the family court may order mediation in child custody disputes, typically it is a voluntary process—and the basic steps in mediation are:

• Initial meeting with the mediator
• Identifying and prioritizing the issues
• Resolving the issues with a reciprocal attitude
• Preparing your child custody agreement

Discuss your child custody matter with a Texas child custody attorney

It is important to carefully review your agreement to ensure it accurately states what you agreed to in the custody arrangement. And you should have your attorney review the document before it is submitted to the court. To discuss child custody mediation, contact us online or call (972) 562-0266 to speak to a Texas child custody attorney today.

Texas Temporary Child Custody

Posted on | October 10, 2011 | No Comments

At the beginning of a divorce it is not unusual for temporary child custody orders to be issued. When possible, it is best for all concerned that parents reach an agreement on child custody which can help to avoid high litigation costs and the emotional toll that a custody battle can inflict. However, parents who cannot agree on child custody matters will have the matter decided by a judge in the Texas family courts.

The goal of temporary custody is to establish stability for the minor children of the marriage during the divorce process. When both parents want physical custody of the children, the court will consider each parent’s circumstance from the view of what is in the children’s best interest. And parents may also have concerns that temporary custody adjudication can resolve such as:

• Protecting their rights in custody, visitation, and support matters
• Need for support due to loss of income
• Potential for being denied visitation
• The use of visitation as a negotiation tool by the custodial parent
• Having the children returned by the non-custodial parent after visitation
• The non-custodial parent removing the children from the state
• Refusal to pay or inadequate payment of child support

However, parents should understand that temporary child custody orders often become permanent. And obtaining a modification of a child custody order can take enormous amounts of time and money. Therefore, you should work with an experienced Texas child custody attorney to help you negotiate an agreement that you can live with should it become permanent.

Talk to a McKinney, Texas child custody attorney today

The best interest of your children is the standard the court uses in determining child custody awards and there are many factors the court considers to reach a decision. To talk to an experienced child custody attorney contact us online or call (972) 562-0266 to schedule a consultation.

Sometimes even a lawyer needs a lawyer

Posted on | September 26, 2011 | No Comments

Anyone who has watched a legal drama is familiar with the scene in which the dedicated attorney gets thrown in jail for contempt because she advocated for her client too passionately. While many may believe that this scenario is a vehicle for creating dramatic effect, the fact is sometimes attorneys do get put in jail for contempt. And that is what happened to attorney Sharon Easley of Plano, Texas.

During a hearing in a contentious divorce case, Ms. Easley became agitated about the fate of her client’s two children. In her attempts to protect her client’s rights and to protect the two minor children from further trauma she lost sight of proper procedure and let her passion for justice get the better of her.

Her attorney Mitch Nolte, of the McKinney, TX firm, Gibbs, Nolte Robison, Rose, PLLC said: “Sharon deeply regrets the whole situation. She has always been known as a very passionate lawyer who gets emotional about her cases. And in family law, that’s very easy to do. And this time, she certainly let her emotions get the better of her.” Nolte also said that Ms. Easley publicly apologized to everyone involved.

According to the Dallas Morning News Ms.Easley was placed in a holding cell for four hours on the day of the hearing and her law partner took her place at the custody hearing in which all issues were resolved. Ms. Easley was initially sentenced to 30 days in jail but after a public apology during the contempt hearing, her sentence was reduced to 15 days

We passionately represent your case

Lawyers are people just like anyone else and sometimes need help in the justice system. If you have a legal problem email Gibbs, Nolte Robison, Rose, PLLC or call (972) 562-0266 to schedule a consultation. We passionately represent your case and ensure your rights are protected.

Out of State Child Custody Laws

Posted on | September 12, 2011 | No Comments

In child custody cases, the goal of the Texas family court is to ensure children have frequent and continuing contact with each parent. For this reason, residency restrictions are often imposed which prevent a parent from moving out of the state with the child. If you wish to move from Texas to another state with your child, you must get permission from the court.

Typically you must offer a compelling reason for the court to remove the residency restriction such as:

* A new job

* To be closer to family members

* Better educational opportunities for your child

* Better quality of life for your child

If you do move with your child to another state, there may be residency requirements you must fulfill before you can file for custody in that state—usually six months. If a prior custody order exists, you may have to file future custody issues in the court that issued the order.

When more than one state is involved, both the out of state custody laws and federal laws may determine which court you file your case in. In such a scenario, a child custody case can quickly become complex and it is important to have a skilled child custody attorney on your side.

If you want to get temporary emergency custody in the new state again out of state custody laws may apply —although most states follow the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA enables you to file for temporary emergency custody if:

* Your child is in the state

* Your child has been abandoned

* Your child needs emergency protection from mistreatment or abuse

Talk to a Texas child custody attorney

Relocating with your child can complicate custody issues and requires the skill of a seasoned child custody attorney. Contact Gibbs, Nolte, Robison, Rose, PLLC online or call (972) 562-0266 today to discuss your child custody matter.

Probate Attorney, McKinney Texas

Posted on | August 25, 2011 | No Comments

When a person dies in the state of Texas, his or her estate typically goes through the probate court to properly administer the estate.

Administering an estate generally involves:

* Identifying assets

* Paying debts of the decedent/estate

* Distributing the remaining assets to the heirs/beneficiaries

* Paying any taxes due or owed as a result of the death

* Pursing any third parties owing money to the estate

* Identifying the decedent’s heirs if he or she died intestate

The probate process can be complex, especially if the estate is large and contains many assets, and seeking the advice of an experienced McKinney probate attorney can help the process go more smoothly.

Before you initiate the probate process you should discuss the types of probate available to you and any alternatives that may be appropriate in your circumstances. Each method of probate has its own characteristics and applications — and understanding each type can help you determine which is available and best accomplishes your objectives.

If the estate does not have large assets and the other attendant issues are straightforward, you may have an alternative to formal probate which can reduce the time and costs involved in the formal probate process.

It is possible to avoid probate in Texas through effective estate planning methods. Your Texas estate attorney can discuss options such as:

* Living trusts

* Joint ownership

* Joint tenancy.

* Payable – on – death designations for bank accounts

Talk to a Texas probate attorney

Even if you opt not to do any estate planning, we can help you determine if your estate qualifies for small estate probate procedures. Contact Gibbs, Nolte, Robison, Rose, PLLC online or call (972) 562-0266 today to discuss your probate matters today.

Mckinney, Texas Living Will Attorney

Posted on | August 25, 2011 | No Comments

A living will is an advance directive. An advance directive is a set of written instructions that specify your medical care preferences should you become unable to express them. If you become incapacitated your loved ones and doctors consult your advance medical directives when determining medical care and/or treatment.

In essence, advance directives such as living wills communicate your wishes when you are unable to do so yourself. And because unexpected accidents and illnesses can befall anyone, it makes sense to make a living will part of your estate plan.

In your estate planning there are four advance directives you may want to include:

* Living will. This document stipulates the medical treatments and life-sustaining measures you do and do not want taken such as mechanical breathing, tube feeding, and resuscitation.

* Medical power of attorney (POA). The medical POA designates your health care agent or proxy to make medical decisions for you in the event of your incapacitation.

* Do not resuscitate (DNR) order. A DNR stipulates that you do not want healthcare providers to resuscitate you in the event your heart stops or you stop breathing.

* Directive for mental health treatment. The state of Texas also permits you to determine in advance any mental health treatments you would want if you became mentally and/or physically unable to make or communicate your own wishes.

Contact a McKinney, Texas living will attorney

Our experienced estate planning attorneys in McKinney, Texas can assist you with your will, living will, simple trust, or estate and probate matters. We represent individuals, trustees, executors, and estate administrators. Contact Gibbs, Nolte, Robison, Rose, PLLC online or call (972) 562-0266 today to discuss your estate planning matter today.

McKinney TX juvenile defense attorney / lawyer

Posted on | August 5, 2011 | No Comments

Serving Collin Denton & Grayson Counties

In Texas, juvenile law applies to cases involving children between the ages of 10 and 17 and are handled in the juvenile district courts. Juvenile cases are civil cases rather than criminal cases although certain aspects of criminal law apply. Unlike adult cases, punishment in juvenile offenses are not necessarily based upon the offense but rather degrees and guidelines.

Juvenile criminal cases are generally handled as follows:

• For a minor offense, parents and child may receive a police warning
• In more serious offenses probation officers are notified
• Severe cases may be handled through counseling, treatment, or the filing of charges by the district attorney
• If a district attorney files charges, a probation officer reviews the case and reports his or her findings to a judge

If the judge finds that your child committed an offense, he or she orders either probation or placement in a treatment facility for your child. Of the children ordered to probation a small percentage are referred to the Texas Youth Commission (TYC)

Children committed to the TYC are generally:

• Violent offenders
• A public safety risk
• Repeat offenders

An experienced juvenile defense attorney understands the juvenile legal system may persuade the court to allow your child to attend a treatment program instead of being committed to a detention facility.

Contact an experienced Texas juvenile law attorney

In Texas, a child’s juvenile record is not automatically sealed and may follow your child for the rest of his or her life. Therefore it is imperative that you work with an experienced juvenile defense attorney who can protect your child’s rights and take action to have your child’s record sealed. Contact Gibbs Nolte Robison Rose online or call (972) 562-0266 to discuss your child’s case.

Highway 35 Car Wreck Lawyer

Posted on | July 19, 2011 | No Comments

Serving Collin Denton & Grayson Counties

More than 50,000 vehicles a day travel Highway 35 and during the holidays the numbers are even higher. With thousands of commercial trucks and passenger vehicles traversing this highway daily, the incidence of improper lane changes, exits, and entrances on and off the highway greatly increases the chances of car wrecks. As recent news articles show, traveling Highway 35 can be dangerous to your health.

Insurance companies are not on your side

Like any business, an insurance company keeps a watchful eye on the bottom line and when dealing with claims, adjusters work toward getting the lowest possible settlement. It is not unusual for an insurance company adjuster or attorney to try to persuade claimants to settle quickly and out of court without the help of an experienced car wreck lawyer.

Insurance company adjusters and attorneys know that an experienced personal injury lawyer understands how to properly value your claim and determine the expenses you could face in the future. Whether it is fair or not, you have one shot at obtaining fair compensation for your losses and injuries, so you have to make it count. Having the guidance of an experienced car wreck attorney who works for your interests can protect your rights and ensure you receive any compensation you are legally entitled to.

Get advice from a car wreck lawyer

Sustaining injuries in a car wreck can forever change your life and the life of your family. Serious injuries such as brain injuries, spinal injuries, and amputations can leave you partially or permanently disabled. And the law entitles you to fair and just compensation for your losses. Contact Gibbs Nolte Robison Rose online or call (972) 562-0266 to schedule a free consultation to discuss car wreck accident.

McKinney TX Wrongful Death Attorney

Posted on | June 29, 2011 | No Comments

Personal Injury Lawyers Serving Collin County | Denton County | Grayson County

A wrongful death can be the result of many types of negligence and/or recklessness, including medical malpractice. Both individuals and businesses can be held responsible for wrongful deaths from drunk drivers to manufacturers of defective products.

When a person is killed because of the negligence or legal liability of another person or entity, a wrongful death has occurred.Texas law allows surviving dependents and beneficiaries to recover monetary damages in wrongful death cases. Individuals who may file a wrongful death claim include:
• Decedent’s spouse
• Decedent’s parents
• Decedent’s children

The elements of a wrongful death claim are:
• The death was caused in whole or in part, by the action(s) of another person or entity
• The person or entity was negligent, or legally liable, for the victim’s death
• Surviving beneficiaries or dependents exist
• Monetary damages resulted because of the individual’s death

A wrongful death claim has a two year statute of limitations which begins at the time of death and is absolute. The discovery rule does not apply in wrongful death actions and so it is vital to talk to an experienced personal injury attorney immediately to protect your claim and rights.

Discuss your wrongful death case

Losing a loved one in an unexpected death can be devastating both emotionally and financially. If you have lost a family member due to legal negligence or recklessness, the law entitles you to hold the responsible parties legally liable. Insurance companies act quickly when potential wrongful death claims arise and without benefit of legal counsel you may lose your right to obtain compensation for your loss. Contact Gibbs Nolte Robison Rose online or call (972) 562-0266 to schedule a free consultation to discuss your wrongful death case.

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