The Wright Firm's Weblog
https://thewrightlawyersblog.blogs.com/my_weblog/
Lawyers and Attorneys providing legal services in family law and divorce, bankruptcy, criminal law, immigration, probate and estate planning, tax, corporate law, and civil litigation in Denton, Dallas, Lewisville, Plano, Frisco, and all of North Texas.en-US2013-04-22T17:48:33-07:00Texas Injury Attorney: West Fertilizer Plant Explosion
https://thewrightlawyersblog.blogs.com/my_weblog/2013/04/texas-injury-attorney-west-fertilizer-plant-explosion.html
The small town of West, located 21 miles north of Waco, was shook and partially destroyed on Wednesday night when the West Fertilizer Company Plant exploded. Reports state that a fire started in the plant around 6pm. Close to 8pm...<p>
<a class="asset-img-link" href="http://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2017eea7c8ef4970d-pi" style="float: left;"><img alt="IStock_000015600890XSmall" class="asset asset-image at-xid-6a00d8354ce17369e2017eea7c8ef4970d" src="https://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2017eea7c8ef4970d-320wi" style="margin: 0px 5px 5px 0px;" title="IStock_000015600890XSmall" /></a>The small town of West, located 21 miles north of Waco, was
shook and partially destroyed on Wednesday night when the West Fertilizer
Company Plant exploded. Reports state that a fire started in the plant around
6pm. Close to 8pm the plant exploded, sending a shockwave that was felt 50
miles away and registered a 2.1 earthquake on the US Geological Survey site in
Amarillo. </p>
<p>According to WFFA News, the apparent epicenter was a
building storing ammonium nitrate fertilizer. Ammonium nitrate was the cause of
the Texas City explosion accident and was used in the bombing of the Murrah
Federal Building in Oklahoma City. However, officials have not determined the
source or the cause of the blast. </p>
<p>The blast from the plant destroyed 50 homes and caused
serious damage to most buildings within a 5 block radius. Governor Rick Perry
has declared West a disaster area. At this point TxDPS are stating that it is
still a search and rescue mission. Sergeant Reyes of TxDPS did confirm on
Friday morning that there have been 12 fatalities at this point. First
responders are continuing to move house-to-house combing through the debire
looking for survivors. Sergeant Reyes stated that there were 25 more homes to
search on Friday. The apartment building located within 1000 feet of the plant
will also be searched again with heavy machinery to stabilize the severely
damaged infrastructure. </p>
<p>In 2006 the West Fertilizer Company was cited by the EPA for
not having a risk management plan that complied with federal guidelines. Built
in 1962 the plant was grandfathered into laws requiring permits. However
according to Texas Commission on Environmental Quality the plant lost its
grandfather status in 2006 when it received a complaint of ammonia odor.</p>
<p>Senator Cornyn stated in an interview with WFAA News, the
tragedy in West has prompted questions over the safety of populated areas being
so close to facilities such as the fertilizer plant. </p>
<p>To support in the recovery and rebuilding of West please
visit the Red Cross website <a href="http://www.redcross.org/">www.redcross.org</a>.  </p>
<p>Have you or a loved one been injured in an explosion or
accident? Unsure of what recourse you may have? Give The Wright Firm a call, we
are a Dallas based firm experienced in personal injury actions and are
available to help. Call us at (972) 353-4600 or visit our website at <a href="http://www.thewrightlawyers.com/">www.thewrightlawyers.com</a>. Our
thoughts and prayers are with the community of West.  Personal Injury Consultations are Free.   </p>The Wright Firm, L.L.P.pawesq2013-04-22T17:48:33-07:00Texas Casino Trip Bus Crash Blog
https://thewrightlawyersblog.blogs.com/my_weblog/2013/04/texas-casino-trip-bus-crash-blog.html
On the morning of April 11, 2013 a charter bus carrying senior citizens on a trip to Choctaw Casino in Durant, OK, crashed and flipped, killing 2 and injuring 40 others. The crash happened on State Hwy 161 near the...<p>
<a class="asset-img-link" href="http://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2017eea561509970d-pi" style="float: left;"><img alt="IStock_000019843131XSmall" class="asset asset-image at-xid-6a00d8354ce17369e2017eea561509970d" src="https://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2017eea561509970d-320wi" style="margin: 0px 5px 5px 0px;" title="IStock_000019843131XSmall" /></a>On the morning of April 11, 2013 a charter bus carrying
senior citizens on a trip to Choctaw Casino in Durant, OK, crashed and flipped,
killing 2 and injuring 40 others.  The
crash happened on State Hwy 161 near the Beltline exit. According to witnesses
the bus appeared to have hit something and then flipped on its right side. The
charter bus company, Cardinal Coach Line, out of Grand Prairie had three safety
violations in the last three years. The bus driver on April 11 was previously
involved in a crash that killed a young man fifteen years ago. Currently, the
National Transportation Safety Board and Texas Department of Public Safety are
investigating the crash. A cause has yet to be determined.  </p>
<p>Family members of the survivors have been allowed to pick up
the personal belongings left on the bus. However, any loose cash that was found
on the bus is being held by Texas Department of Public Safety until the
investigation concludes. </p>
<p>If you have been injured in a charter bus crash or other bus
accident please give the personal injury attorneys at The Wright Firm a call.
We are experienced and have locations throughout the Dallas/Fort Worth
area.  Call us at (972)353-4600 or visit
our website at <a href="file:///C:/Documents%20and%20Settings/pwright/Local%20Settings/Temporary%20Internet%20Files/Content.Outlook/2XP14F6V/thewrightlawyers.com">thewrightlawyers.com</a>.  </p>AttorneyDallas LawyerThe Wright FirmThe Wright Firm, L.L.P.pawesq2013-04-17T11:01:08-07:00Texas Family Law: When a Divorce isn’t a Divorce
https://thewrightlawyersblog.blogs.com/my_weblog/2013/04/texas-family-law-when-a-divorce-isnt-a-divorce.html
Across the country the debate about same-sex marriage has heated up and become a very recent focal point. This blog is neither against nor in support of such marriages. A married couple moves to the Dallas area from New York,...<h2></h2>
<p><em>
<a class="asset-img-link" href="http://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2017d42b1c5b3970c-pi" style="float: left;"><img alt="IStock_000002843250XSmall" class="asset asset-image at-xid-6a00d8354ce17369e2017d42b1c5b3970c" src="https://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2017d42b1c5b3970c-320wi" style="margin: 0px 5px 5px 0px;" title="IStock_000002843250XSmall" /></a>Across the country the
debate about same-sex marriage has heated up and become a very recent focal
point. This blog is neither against nor in support of such marriages.</em></p>
<p>A married couple moves to the Dallas area from New York,
they have two children, two stable well paying careers, buy a home in a suburb
of Dallas, blend in with two SUV’s, and generally live the idyllic Dallas area
life. But at some point, somehow the marriage breaks, it’s irreparable and the
couple starts down the road to divorce. Each obtain legal counsel and explain
the marriage, the children, the assets and how they each feel the divorce should
proceed.  While this couple fit a general
picture of a Dallas area divorce case, they are not. This is a same-sex couple.</p>
<p>Texas does not recognize their marriage in New York State.
Regardless of political views, personal and moral views, the discrepancy
between New York law and Texas law creates a huge legal problem when a same-sex
couple decides to divorce.  In Texas,
marriage is specifically defined as between a man and a woman no less than five
times in the State Constitution and Family Code. </p>
<p>So why, if the couple isn’t actually married in Texas must
they divorce? </p>
<p>The importance of being allowed a legal divorce is primarily
an issue of property and assets. In a divorce the community property which is
jointly held and the separate property which is individually held is divided
fairly. Each spouse walks away with what a court or their agreement dictate is
theirs. The theoretical same-sex couple has both community and separate
property but no way to divide and legally end the marriage. </p>
<p>There are some states that will allow a same-sex couple to
divorce in that state even if the state does not recognize the marriage to
begin with. Currently in Texas, The Texas Supreme Court has two cases for
review that address whether Texas should allow same-sex divorce. The Texas
Supreme Court may decide that District Courts across Texas can grant divorces
to same-sex couples even though same-sex marriages are unconstitutional under
the Texas Constitution. However, since the Supreme Court of the United States
has recently heard arguments on California’s Proposition 8 and the Defense of
Marriage Act, the Texas Supreme Court may wait to accept the cases for review
until after the decision of the US Supreme Court is released. </p>
<p>For right now the theoretical couple in Dallas can use
mediation and collaborative law to attempt to divide property and assets. In
some cases same-sex couples designate their property and assets under a
business partnership or joint venture. The business designation allows the
Texas Business Code to rule the dissolution of the business. A practical if unfeeling
way to end a relationship. </p>
Do you have questions about obtaining a divorce
in Dallas County or Collin County? Are you considering what steps to take to
begin the divorce process? Give the lawyers at The Wright Firm a call. We
practice family law throughout the Dallas area and are here to help! Call us at
(972) 353-4600 or visit our website at <a href="file:///C:/Documents%20and%20Settings/pwright/Local%20Settings/Temporary%20Internet%20Files/Content.Outlook/2XP14F6V/thewrightlawyers.com">thewrightlawyers.com</a>.Dallas DivorceDallas Divorce AttorneyDallas Divorce CourtDallas Divorce LawyerDallas Family Law AttorneysDenton Divorce AttorneyDenton Divorce LawyerLewisville Divorce LawyerLewisville family lawyerPatrick WrightThe Wright FirmThe Wright Firm, L.L.P.pawesq2013-04-10T18:16:27-07:00Why Should I Incorporate My Texas Small Business?
https://thewrightlawyersblog.blogs.com/my_weblog/2013/04/why-should-i-incorporate-my-texas-small-business.html
Why Should I Incorporate My Texas Small Business? When Presidential candidate Mitt Romney said, “Corporations are people” the general public groaned and questioned the rational, while lawyers nodded in agreement. Corporations are people in the sense that they are classified...<h2>
<br />Why Should I Incorporate My Texas Small Business?</h2>
<p> </p>
<p>
<br />
<a class="asset-img-link" href="http://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2017c387ce6f8970b-pi" style="float: left;"><img alt="IStock_000010373854XSmall" class="asset asset-image at-xid-6a00d8354ce17369e2017c387ce6f8970b" src="https://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2017c387ce6f8970b-320wi" style="margin: 0px 5px 5px 0px;" title="IStock_000010373854XSmall" /></a>When Presidential candidate Mitt Romney said, “Corporations
are people” the general public groaned and questioned the rational, while
lawyers nodded in agreement. </p>
<p>Corporations are people in the sense that they are
classified as their own legal entity and therefore have legal standing to bring
lawsuits and be sued. Legal entities are associations, corporations,
partnerships, proprietorships, trusts, or individuals. </p>
<p>So why should you incorporate your Dallas area business? For
that very reason, the corporation can stand on its own as a legal entity. </p>
<p>Your personal assets and liability are separated from those
of the business. All business activity is conducted as a separate legal entity;
therefore, any legal actions taken against the business are only going to put
the assets of the business at risk. Any assets in your name are only at risk in
personal legal actions. Incorporating your Dallas area business creates a shield
that protects you and your assets from any liability incurred by the business. </p>
<p>Corporations also get tax benefits and credit. Depending on
profits and the specific class of the corporation, even the smallest
corporation can receive tax benefits and breaks. Tax breaks for the corporation
means more capital to invest in the growth of the corporation. That growth can
be assisted through establishing credit. As a legal entity, corporations can
obtain credit, solely in the corporation’s name. Being incorporated lends
credibility when an investor or lender looks to invest into your business. </p>
<p>Texas is a corporation friendly state. In a recent survey of
small business owners, Texas ranks as one of the most “business-friendly”
states. See the survey: <a href="http://www.thumbtack.com/survey%232013/states">http://www.thumbtack.com/survey#2013/states</a>.
By incorporating your Dallas area business you are making it easier for
customers and clients to do business with you. Why? Because corporations are
governed by the Texas Business Organization Code, every corporation established
under Texas law has the same rules of set-up, structure, filing with the
Secretary of State and rules and regulations to follow. A corporation in Dallas
is following the same rules as a corporation in Lewisville or Denton and every
other corporation across the state.  As
with investors, customers and clients may see your incorporated Dallas area
business as more credible because of the uniform rules and regulations
required. </p>
<p>If you have questions about incorporating your Dallas area business
or other Texas business law questions please contact The Wright Firm at
972-353-4600 or visit our website at <a href="http://www.thewrightlawyers.com" target="_self" title="www.thewrightlawyers.com">thewrightlawyers.com</a>.</p>Attorneypawesq2013-04-09T22:44:01-07:00No Need to Shoot Your Ring off!
https://thewrightlawyersblog.blogs.com/my_weblog/2013/03/no-need-to-shoot-your-ring-off.html
Everyone knows the Beyonce song, “If you like it then you shoulda put a ring on it…” it’s catchy and cute, but what happens when you want that ring off? If you are considering a divorce in Lewisville, there is...<p>Everyone knows the Beyonce song, “If you like it then you
shoulda put a ring on it…” it’s catchy and cute, but what happens when you want
that ring off?</p>
<p> </p>
<p>If you are considering a divorce in Lewisville, there is no
need to go to extremes to remove your wedding band.  A man in Pennsylvania learned that the hard
way when he tried to shoot his wedding band off of his finger. </p>
<p>Read the full article here:</p>
<p><a href="http://www.cbsnews.com/8301-504083_162-57574596-504083/drunk-federal-prison-guard-shoots-at-own-finger-to-remove-wedding-ring-police-say/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+CBSNewsTravelGuru+%28Travel+Guru%3A+CBSNews.com%29">http://www.cbsnews.com/8301-504083_162-57574596-504083/drunk-federal-prison-guard-shoots-at-own-finger-to-remove-wedding-ring-police-say/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+CBSNewsTravelGuru+%28Travel+Guru%3A+CBSNews.com%29</a></p>
<p>If you are considering a divorce in the Lewisville or
surrounding area you should know there are much less harmful or dramatic ways
to being the process. Remember ACC, (Assets, Children, Cooperation) when you
start thinking about your divorce process:</p>
<p>Assets- meaning anything of value (property, cars, furniture,
jewelry, cash, stocks etc.) Know what your assets are. Texas is a community
property state, therefore any property or assets acquired after a marriage are
equally owned by both spouses, unless there is a written legal agreement prior
to marriage. You need to know what assets you have, where they are, and what if
any assets you had prior to marriage. Assets held prior to marriage are
separate property and belong only to the spouse that held them before the
marriage. </p>
<p>Children- no matter what, they will be impacted by a divorce
as a parent and adult it is your job to ensure they are not put in the middle
of any divorce proceeding. </p>
<p>Cooperation – consider that you and your spouse will both
have lawyers and other expenses to pay in the process of a divorce. Think about
if there is any middle ground between the two of you. The more you can agree on
in separating assets and arranging potential custody agreements, the less legal
and other fees you and your spouse will have to pay. </p>
<p>Do you have questions about pursuing a divorce and what you
should be thinking about? The Wright Firm is here to help and provide
comprehensive legal representation through every step of your divorce. Give us
a call at (972) 353-4600, or check us out on the web at <a href="http:www.thewrightlawyers.com" target="_self" title="www.thewrightlawyers.com">www.thewrightlawyers.com
<a class="asset-img-link" href="http://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2017ee9bf1cbe970d-pi" style="float: left;"><img alt="IStock_000014132683Small" class="asset asset-image at-xid-6a00d8354ce17369e2017ee9bf1cbe970d" src="https://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2017ee9bf1cbe970d-320wi" style="margin: 0px 5px 5px 0px;" title="IStock_000014132683Small" /></a></a></p>Dallas AttorneyDallas DivorceDallas Divorce AttorneyDallas Family Law AttorneysDenton DivorceDenton Divorce AttorneyDenton Divorce LawyerdivorceLewisville AttorneyLewisville Divorce AttorneyLewisville Divorce LawyerLewisville Family LawyerLewisville family lawyerTexas DivorceThe Wright FirmThe Wright Firm, L.L.P.pawesq2013-03-25T21:25:08-07:00What is Texas “Expanded Standard” Visitation?
https://thewrightlawyersblog.blogs.com/my_weblog/2013/02/what-is-texas-expanded-standard-visitation.html
What is “Expanded Standard” Visitation? The most important issue that many parents face in a divorce or child custody case is how much time they will ultimately have with their child. In these situations, parents must make decisions about the...<p><span style="text-decoration: underline;">What
is “Expanded Standard” Visitation?</span></p>
<p>
<a class="asset-img-link" href="http://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2017ee86b194c970d-pi" style="float: left;"><img alt="IStock_000019484913-2013Small" class="asset asset-image at-xid-6a00d8354ce17369e2017ee86b194c970d" src="https://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2017ee86b194c970d-320wi" style="margin: 0px 5px 5px 0px;" title="IStock_000019484913-2013Small" /></a>The
most important issue that many parents face in a divorce or child custody case
is how much time they will ultimately have with their child. In these
situations, parents must make decisions about the rights and duties that they
will each have over their child, along with the possession schedule that the
parents and child will follow. If the parents are unable to come to an
agreement on these terms, then a court will make a ruling on the issues. In
many cases, one parent is appointed as the “custodial” or “home-base” parent
who determines the primary residence of the child. The other parent, the
“non-custodial parent,” follows a possession schedule over the child.</p>
<p>The
most common possession schedule for non-custodial parents is called the
Standard Possession Order. It grants the non-custodial parent time with the
child every Thursday evening during the normal school term, and every first,
third, and fifth weekend of each month beginning at 6:00 p.m. on Friday and ending
at 6:00 p.m. on the following Sunday. In addition to these times, the
non-custodial parent is awarded 30 days in the summer months, a week during
Christmas break, and alternating spring break and Thanksgiving holidays.</p>
<p>The
Standard Possession Order is presumed to be in the best interest of the child
in all Texas family law cases, unless one party produces evidence to the
contrary. While the Standard Possession Order is the most widely used schedule,
it is important to note that it is the <em>minimum</em>
amount of time that courts deem 
appropriate between a child and the non-custodial parent. If a parent
wishes for the non-custodial parent to receive more time with the child, he or
she should ask the court to grant them Expanded Standard Visitation under the Texas
Family code (§153.317). </p>
<p>Expanded
Standard Possession allows for a non-custodial parent to make certain elections
to extend the duration of the standard possession order. These elections are:</p>
<p>WEEKENDS:
The non-custodial parent can choose to pick up the child when school is
dismissed on Friday and/or return the child when the
child’s school resumes the following Monday.</p>
<p>THURSDAYS: The non-custodial parent can choose to
pick up the child when school is dismissed on Thursday and/or return the child
when the child’s school resumes the following Friday.</p>
<p>            HOLIDAYS: Expanded Standard
also lengthens the time available for holiday periods of possession (Christmas,
Thanksgiving, Mother’s Day, Father’s Day, and so forth), and for extended
weekends due to holidays.  </p>
<p>The benefit of Expanded Standard to many
non-custodial parents is that it creates a period of uninterrupted visitation for
four nights, lasting from the end of school Thursday through the following
Monday morning for the non-custodial parent’s weekend possession. This duration
can be beneficial to increasing a child’s bond with the non-custodial parent. </p>
<p>If a parent does not elect Expanded Standard
Visitation under the Texas Family Code, then their claim to it is waived and he
or she may not retroactively elect it after the Order is entered. Therefore, it
is important to discuss this option with an experienced Texas Family Lawyer to
help you enter a possession schedule that works for you and your family.</p>
If you have questions about possession schedules
in a child custody or divorce case, contact the Wright Lawyers at 972-353-4600 or visit us on the web at <a href="www.thewrightlawyers.com" target="_self" title="http://www.thewrightlawyers.com ">www.thewrightlawyers.com </a>child custodyCollin County Family LawCollin County Family LawyerDallas DivorceDallas Divorce AttorneyDenton DivorceDenton Divorce AttorneyDenton Divorce LawyerLewisville Divorce AttorneyLewisville Divorce LawyerLewisville Family LawyerTexas Family CodeThe Wright FirmThe Wright Firm, L.L.P.pawesq2013-02-11T13:32:18-08:00Self-Help Legal Websites?
https://thewrightlawyersblog.blogs.com/my_weblog/2012/10/self-help-legal-websites.html
More and more companies are offering cut rate legal services over the internet. If you’ve ever heard the old adage, “you get what you pay for”, it definitely applies here. A recent article in Consumer Reports did an evaluation of...<p>
<a class="asset-img-link" href="http://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2017d3c90cb23970c-pi" style="float: left;"><img alt="Website Log In" class="asset asset-image at-xid-6a00d8354ce17369e2017d3c90cb23970c" src="https://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2017d3c90cb23970c-320wi" style="margin: 0px 5px 5px 0px;" title="Website Log In" /></a>More and more companies are
offering cut rate legal services over the internet.  If you’ve ever heard the old adage, “you get
what you pay for”, it definitely applies here. 
A recent article in Consumer Reports did an evaluation of a few
websites.  For a glimpse at the article
click here: <a href="http://www.consumerreports.org/cro/magazine/2012/09/legal-diy-websites-are-no-match-for-a-pro/index.htm"><em>Consumer Reports</em></a>.  To create the report, the magazine drafted
four legal forms using the sites.  Three
professors were then asked to evaluate the drafted documents.  The professors all came to the same conclusion,
the documents just weren’t up to par.  </p>
<p> </p>
<p>            Generally,
an attorney will sit down with the client and go over several details in
drafting a will, divorce decree, or estate plan, where legal websites only touch
on the bare bones minimum amount of information in drafting.  The forms produced by legal websites are
generally fill in the blank types of documents. 
When you have such a general legal document, many problems arise.  Your needs may not be fully met.  Most of the time, for example in a divorce
decree, there needs to be very specific provisions.  There is no “general” case.  Every client has a different work schedule,
or the property varies.  General terms
can raise questions as to interpretation when it comes time to actually use the
document.  If you have a document that is
very general, you will probably end up spending more money litigating in the
interpretation of the document than it would have cost to just draft it right
the first time.  A recent article was
written about the Consumer Report and it can be found here: <a href="http://www.lawsitesblog.com/2012/09/self-help-legal-sites-no-match-for-real-lawyer-consumer-reports-says.html"><em>Article</em></a>. 
The article summed it up nicely, you are best off consulting an
attorney, consult the websites at your own risk!  </p>
<p> </p>
<p>To reach out to the firm, check
us out on the web at <a href="http://www.thewrightlawyers.com/">www.thewrightlawyers.com</a>
or contact our office at 972-353-4600. </p>AttorneyDallas Divorce AttorneyLawyerLawyersLewisville LawyerPatrick WrightThe Wright FirmThe Wright Firm, L.L.P.pawesq2012-10-07T17:07:13-07:00Paternity in Texas – What you Need to Know
https://thewrightlawyersblog.blogs.com/my_weblog/2012/09/paternity-in-texas-what-you-need-to-know.html
The determination of paternity is one of the fastest-growing segments of family law. Today, over half of all children in our state are born to single parent households and this number is rising by about 3 to 4 percent annually....<p>
<a class="asset-img-link" href="http://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2017d3c6c9da0970c-pi" style="float: left;"><img alt="Dad and Child 09-30-12" class="asset asset-image at-xid-6a00d8354ce17369e2017d3c6c9da0970c" src="https://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2017d3c6c9da0970c-320wi" style="margin: 0px 5px 5px 0px;" title="Dad and Child 09-30-12" /></a>The determination of paternity is
one of the fastest-growing segments of family law. Today, over half of all
children in our state are born to single parent households and this number is
rising by about 3 to 4 percent annually. Troubling still is that the fastest
growing demographic in the United States is single mothers living below the
federal poverty guidelines. To protect and prevent single-parent families from
succumbing to poverty, the federal government passed legislation requiring
states to proactively seek out and adjudicate parents for the sole purpose of
paying <a class="zem_slink" href="http://en.wikipedia.org/wiki/Child_support" rel="wikipedia" target="_blank" title="Child support">child support</a>.</p>
<p>In Texas, the <a class="zem_slink" href="http://www.duiattorneyhome.com/glossary/attorney-general" rel="duiattorneyhome" target="_blank" title="Attorney General">Office of the
Attorney General</a> is the agency in charge of calculating and collecting child
support for unmarried parents. All child support is required to be paid through
the State Disbursement Unit (“SDU”) in San Antonio so that the State may report
its collections to the federal government and receive federal funding. Many
people are surprised to hear that the Office of the Attorney General is <em>only</em> concerned with child support, and
does not determine issues of possession and access. Every week, the IV-D (“Four
D”) courts in Texas conduct hearings with the Attorney General’s Office to
establish paternity, calculate child support, or collect unpaid child support. These
hearings are often attended by hundreds of people at a time. Any claims that
the parties have about possession and access of the child will not be heard in
a IV-D court, but rather will be transferred to a District Court where the
attorney general will also become a party to the lawsuit. </p>
<p>How is paternity established in
Texas? For the purposes of collecting child support, it can be any of the
following:</p>
<ol>
<li>A
woman is the presumed mother of the child by virtue of giving birth to the
child.</li>
<li>A
man is the presumed father of the child by virtue of:<ol>
<li>Adopting
the child, or</li>
<li>Having
paternity adjudicated (via <a class="zem_slink" href="http://en.wikipedia.org/wiki/DNA_profiling" rel="wikipedia" target="_blank" title="DNA profiling">DNA testing</a>), or</li>
<li>Voluntarily
acknowledging his paternity of the child, or</li>
<li>Was
married to the mother when she gave birth to the child.</li>
</ol></li>
</ol>
<p>A common myth in family law is that
having a man’s name entered on the child’s birth certificate makes him a
“presumed father” of the child because he voluntarily acknowledged his
paternity on the birth certificate. This myth is false. The purpose of the
voluntary acknowledgment process is to establish paternity without the need of
judicial action; therefore the process must meet strict requirements. The only
way that a man can be a presumed father by voluntarily acknowledging his
paternity is to file a written statement with the Bureau of Vital Statistics
asserting that he is the father. This statement must be signed by the mother. Prior
to 2011, there were very narrow time limits for when a person could challenge
an acknowledgment of paternity if someone believes he is not the parent of the
child. In 2011, though, the Texas legislature made important changes to the
Texas Family Code allowing for a “wrongful paternity” action if DNA testing
establishes, at any time during the child’s life, that a previously presumed
parent is not the actual parent.</p>
<p>Another common myth in paternity
cases is that paternity laws are only used to establish a parent-child
relationship between a father and child. This myth is also false because Texas
has passed the Uniform Parentage Act to establish maternity as well as
paternity. Although maternity is not disputed in most cases, the same laws
apply to women as men. These procedures are frequently used to determine
maternity in instances when children are born to same sex unions, assisted
reproduction, or families who have travelled from another country. </p>
<p>Today, the most common method of
adjudicating paternity is by Court Order. Typically, genetic tests are done after
litigation has begun to determine whether the parties are parents to the child.
Typically, the Court will specify a time, place, and testing agency for the
parties. Genetic tests are admissible in Court if they have a probability of at
least 99 percent. After paternity has been established (or denied), the Court
will adjudicate conservatorship, possession and access, and child support.</p>
If you are facing
difficult issues with paternity or child support, contact an experienced family
law attorney at the Wright Firm to answer your questions at <a href="http://www.thewrightlawyers.com/" target="_self" title="www.thewrightlawyers.com">www.thewrightlawyers.com </a> or call
us at 972-353-4600.child custodyChild SupportCollin County Family AttorneyCollin County Family LawCollin County Family LawyerDallas DivorceDallas Divorce AttorneyDenton Divorce AttorneyDenton Divorce Lawyerfamily codefamily lawFather's for Equal RightsLewisville Divorce AttorneyLewisville Divorce LawyerLewisville Family LawyerLewisville LawyerTexas Child Support OrdersThe Wright FirmThe Wright Firm, L.L.P.pawesq2012-09-30T16:07:35-07:00Split or 50/50 Custody of Children
https://thewrightlawyersblog.blogs.com/my_weblog/2012/06/split-or-5050-custody-of-children.html
The court will always look to the best interest of the child when determining the proper arrangement for the custody of a child. In Texas, there is a presumption that the Texas Family Code’s Standard Possession Order is in the...<p><a class="asset-img-link" href="http://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2016767ebb315970b-pi" style="float: left;"><img alt="IStock_000000121077XSmall" class="asset asset-image at-xid-6a00d8354ce17369e2016767ebb315970b" src="https://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2016767ebb315970b-320wi" style="margin: 0px 5px 5px 0px;" title="IStock_000000121077XSmall" /></a>The court will always look to the best interest of the child when determining the proper arrangement for the custody of a child.  In Texas, there is a presumption that the Texas Family Code’s Standard Possession Order is in the best interest of children.  However, this presumption can be rebutted.  The problem with the Texas Family Code’s standard possession order is that, because every family law case is different, the standard possession order does not fit in every situation. </p>
<p> </p>
<p> Many clients go to their family law attorney and request 50/50 custody or a custody schedule that is evenly split down the middle between the two parents.  Some parents believe this will alleviate their child support obligation, however this is a common misnomer regarding 50/50 schedules.  Other parents want a 50/50 schedule simply because they wish to visit their children as much as possible.  Whatever the reason, there are several issues in the family law arena related to these types of arrangements. </p>
<p> </p>
<p>Many judges do not prefer 50/50 schedules because they feel it is too stressful on the children.  The reasoning behind this argument is that the children are moving around too much and cannot gain consistency in a home.  It can be argued that the arrangement creates stress on the child or children.  For example, a child who is required to pack up and move from one parents home one week to another parent’s home the next week may resent the schedule.  Perhaps there is some validity behind this argument.  A week on, week of schedule may be one of the more difficult schedules to pass off to a judge. </p>
<p> </p>
<p> A schedule that divides up custody of the child on what some may consider a somewhat more regular schedule may be better utilized.  This may sound confusing, because a week on week off schedule <span style="text-decoration: underline;">is</span> consistent.  However, for example, a schedule where the child spends certain days of the week with one parent and certain days of the week with the other parent may create more of a routine, such as a 5-2-2-5 schedule where the child spends every Monday and Tuesday with one Parent and Every Wednesday and Thursday with the other parent and then alternates Friday through Sunday.  Under a schedule of this nature, the child is allowed more consistency because it is known that every Monday and Tuesday night, they will be with a specific parent.  The child can then create more of a routine knowing they will be with a specific parent on specific days of the week.  The child can leave belongings at the parent’s home that they only use on the weekdays they are at that parent’s home.  The child will be better able to mentally associate their routine with each parent as well.  This is especially helpful as schools move more towards using block scheduling methods regarding classes. </p>
<p> </p>
<p>            Whether it be because frequent and continuing contact with the child will only be achieved by a revised schedule, or because one of the parents has an uncommon work schedule, it will be easier for the court to award the schedule if the facts of your case are helped by the schedule.  There are a variety of 50/50 schedules that will work and the courts are allowing the schedules more and more.  The important thing to portray to the court when trying to obtain a 50/50 schedule is that the schedule is in the best interest of the children. </p>
<p>For more information on Texas custody and visitation with children contact The Wright Firm, L.L.P. at <a href="http://www.thewrightlawyers.com" target="_self" title="www.thewrightlawyers.com">www.thewrightlawyers.com </a> or call us at 972-353-4600.</p>
<p> </p>
<p> </p>child custodyDallas DivorceDallas Divorce AttorneyDallas Family Law AttorneysDenton DivorceDenton Divorce AttorneyDenton Divorce LawyerLewisville Divorce AttorneyLewisville Divorce LawyerLewisville Family LawyerLewisville family lawyerThe Wright FirmThe Wright Firm, L.L.P.pawesq2012-06-27T13:20:37-07:00Virgin Father says he’s “Donorsexual”
https://thewrightlawyersblog.blogs.com/my_weblog/2012/02/virgin-father-says-hes-donorsexual.html
36-year-old Trent Arsenault is the father of 14 children. Mr. Arsenault is also a virgin. How did this happen? Arsenault claims that he feels it is his duty to help childless couples by supplying them with sperm free of charge,...<p><a href="http://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2016300da3c81970d-pi" style="float: left;"><img alt="IStock_000014246521XSmall" class="asset asset-image at-xid-6a00d8354ce17369e2016300da3c81970d" src="https://thewrightlawyersblog.blogs.com/.a/6a00d8354ce17369e2016300da3c81970d-320wi" style="margin: 0px 5px 5px 0px;" title="IStock_000014246521XSmall" /></a>36-year-old Trent Arsenault is the father of 14 children.  Mr. Arsenault is also a virgin.  How did this happen?  Arsenault claims that he feels it is his duty to help childless couples by supplying them with sperm free of charge, and that he has devoted all of his sexual energy to this mission. He has coined the term “donorsexual” to describe his activities.  The Food and Drug Administration has ordered him to cease and desist.</p>
<p>                Does this mean that Mr. Arsenault is on the hook for child support for the 14 offspring he has helped create?  Under Texas law, that would turn on whether Arsenault falls within the definition of a “donor”.  Texas Family Code Sec. 160.702 says that a donor is not a parent of a child conceived by assisted reproduction.  A “donor” is a man who provides sperm to a licensed physician to be used for assisted reproduction.  If Mr. Arsenault provided his “donations” directly to the couples he is helping, then he may have a legal problem.</p>
<p>                Do you have questions about Texas Paternity issues?  The Wright Firm is here to help you!  Give our office a call at (972) 353-4600 or check us out on the web at <a href="http://www.thewrightlawyers.com/">www.thewrightlawyers.com</a>.</p>
<p>Huffington Post article can be found here: <a href="http://www.huffingtonpost.com/2012/02/03/trent-arsenault-donorsexual-sperm-donor-video_n_1251595.html?ref=weird-news">http://www.huffingtonpost.com/2012/02/03/trent-arsenault-donorsexual-sperm-donor-video_n_1251595.html?ref=weird-news</a></p>
<p> </p>AttorneyDallas AttorneyDallas DivorceDallas Divorce AttorneyDallas Family Law AttorneysDenton DivorceDenton Divorce AttorneyDenton Divorce LawyerLewisville AttorneyLewisville Divorce AttorneyLewisville Divorce LawyerLewisville Family LawyerPatrick WrightThe Wright FirmThe Wright Firm, L.L.P.pawesq2012-02-06T09:38:15-08:00