The Wright Firm's Weblog

Providing for Another Person’s Child

Unfortunately, sometimes parents do not provide for their own children.  These situations can arise when a parent is neglectful or when a parent takes advantage and “uses” a nonparent friend or relative by getting the nonparent to provide for the child.  When this happens, does the nonparent have a legal claim, under Texas law, against the parent for the expenses he or she incurred to provide for the parent’s child?

 

Under the Texas Family Code, parents have a legal duty to support their children, including providing their children with clothing, food, shelter, medical and dental care, and education.  A parent’s duty to support his or her child exists while the child is an unemancipated minor.  Furthermore, the Texas Family Code provides that any parent who fails to discharge the duty of support is liable to a person who provides necessaries to his or her child.

 

Therefore, Under Texas law, a nonparent does have a legal claim for reimbursement against a parent when the nonparent provides necessaries to the parent’s child, and the parent has failed to discharge his or her legal duty of support.

 

For more information about a parent’s liability to a person who provides necessaries to the parent’s child contact the Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com.  We have offices in Dallas, Denton, and Lewisville.  We also have offices by appointment only in Frisco, Plano, and Ft. Worth.

 

The (Multiple) Marrying Kind

Kody Brown, an overt polygamist and star of the reality TV show “Sister Wives,” is being investigated by the State of Utah for violating the state’s – you guessed it! – polygamy laws. Brown currently has four wives (though only civilly married to one wife) and 16 children and step-children.  One might wonder why the Brown family would choose to put their lives on television knowing that it could open them up to criminal prosecution.  However, Brown has responded by filing a lawsuit to challenge the constitutionality of laws prohibiting polygamy.

 

The lawsuit employs an interesting tactic by not actually seeking to force states to recognize multiple marriages.  Instead, it builds on the premise that the state cannot make unconstitutional intrusions on a person’s “intimate conduct”.  Precedent for this premise was established in the U.S. Supreme Court case of Lawrence v. Texas, which struck down state sodomy laws.  The lawsuit seeks to extend the Lawrence ruling, to treat polygamous relationships as “intimate conduct” between consenting adults. 

Here in Texas, polygamy is strictly against the law in two different ways.  First, a marriage entered into during the existence of a prior marriage is void.  If a marriage is “void” that means it is as if the marriage never happened. See Texas Family Code §6.202  Secondly,  polygamy is a crime under the Texas Penal Code.  An individual commits a criminal offense if he/she is legally married and purports to marry or does marry another person or lives with a person other than his/her spouse in this state under the appearance of being married. See Texas Penal code §25.01. 

 

Are you absolutely sure you are divorced from a previous spouse?  Are you concerned that you may be “common law” married to your current significant other, but you never bothered to divorce your ex?  The Wright Firm is here to help you!  Give us a call at (972) 353-4600 and speak to one of our Dallas Family Law Attorneys or check us out on the web at www.thewrightlawyers.com.

 

 

Wacky Marriage Laws

Clients complain to me all the time about how strange Texas Family Law is.  Well, to all of those critics, I say take a look at the following weird marriage laws from other U.S. States:

1. Montana is the only state in America where BOTH the bride and the groom can use a “proxy” to stand in for them if they cannot be present at their own wedding.  (Okay, to be fair – Texas does permit ONE prospective spouse to appear by proxy.  See Texas Family Code Section 2.203)
2. For a few months, Arkansas law permitted ANYONE under 18 (even infants) to marry if they had parental consent.  The state legislators forgot to put in an age minimum! This goof was corrected in April 2008, and we will assume all toddler marriages have since been annulled.
3. I double-dare you to divorce me!  In Delaware an official legal ground for annulment is that you got married “because of a jest or dare.”
4. In Kentucky it is illegal to marry the same person 4 times.  You can get married to and divorced from different people, however, as many times as you want.
5. Massachusetts has a 2 unusual marriage laws to its credit:
   1. A married couple may not sleep in the nude in a rented room (what pervy innkeeper keeps an eye on this?); and
   2. In Truro, MA - A groom-to-be must prove his manliness by hunting and killing either 6 blackbirds or 3 crows.  Nothing more manly than a bird hunter!
   3. In South Carolina, it is a misdemeanor for a man over the age of 16 to propose marriage and not “mean it.”  But, I suppose if someone dared the guy to propose, he could always run to Delaware for an annulment…
   4. In Wichita, Kansas, a woman cannot use her husband’s mistreatment of her mother as a ground for divorce.  Good news for guys who hate their mother-in-law.
   5. Keep those lips to yourself!  In Hartford, Connecticut, it is illegal for married couples to kiss on Sunday.
   6. In New Orleans, Louisiana, it is against the law for a palm reader, fortune teller, or other “mystic” to perform a wedding ceremony.  Are they afraid the medium is going to tip off the couple about their future marital problems?

Have questions about our (much more normal!) Texas laws on marriage and divorce?  Give The Wright Firm a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

Original MSN story can be found here: http://glo.msn.com/relationships/10-obscure-marriage-laws-5450.gallery?gt1=49006

 

Happy Campers or Texas Family Law?

You want your child to go to basketball camp this summer, but your ex wants to enroll the kid in advanced basket-weaving instead.  Who wins? 

The odds are that unless you have a very unique Divorce Decree or Child Custody Order, NEITHER parent is expressly granted the right to decide what camps the kiddies can attend.  This means that two predominant factors are going to go into the determination of whether your child will be enrolled in the camp you want:

1)      Whose possession time is it?  If the camp is during YOUR visitation time, you can sign your child up.  If the camp is during the other parent’s time, better let it go.  If you book activities for the child during the other parent’s time, you put yourself at risk of a Judge viewing your actions as denying that other parent his/her visitation time. 

2)      Who is going to pay for it?   If you want to enroll your child in a camp over the protest of the other parent, be prepared to pay every penny of costs associated with the camp.  If you’re ok with paying for it, go for it.  If you can’t afford the camp without the other parent contributing financially – better start sweet-talking them.

 

For information about Texas Family Law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com. 

 

A Sex Scandal Without the Sex!

Much ado has been made recently about U. S. Rep. Anthony Weiner sending sexually explicit messages and images via the internet to various women.  While there is a long-running tradition of sex scandals among American politicians, the quirk in Rep. Weiner’s story is that – as far as anyone is acknowledging – there has been no actual sex involved.  This is the “sex scandal” for the Age of Facebook and Twitter.

Weiner is not alone.  A May 2010 study by the Pew Internet and American Life Project, 15% of adults reported that they had received a sexually suggestive nude or nearly nude photo or video on their cell phones.  6% admitted to having sent such messages.  Of adults in the 18-to-29 age bracket, 31% stated that they had received and 13% that they had sent sexually explicit messages.

But, is an internet- or cell phone-based “affair” really cheating?  Under Texas law, it does NOT meet the definition of adultery.  To qualify as “adultery” there must be voluntary sexual intercourse between a married person and someone who is not the spouse of that person.  That doesn’t necessarily mean, however that your spouse won’t see a cyber affair as cheating.  The Associate Press reports in the wake of the Weiner debacle, that many Americans have stated via online postings and phone interviews that the emotional betrayal is just as bad as a physical betrayal.  As a divorce attorney, I can personally attest to the increasing role Facebook and other social media are playing in my clients’ cases.

The Bottom Line:  If you wouldn’t tweet it, post it or text it with your spouse looking over your shoulder, there’s a good chance your spouse will think it’s cheating.

For information on Texas law contact The Wright Firm, L.L.P. at 972-353-4600 or visit us on the web at www.thewrightlawyers.com 

See Yahoo News article here:  http://news.yahoo.com/s/ap/20110607/ap_on_re_us/us_weiner_is_sexting_cheating

See MSNBC article here:  http://www.msnbc.msn.com/id/43365868/ns/politics-capitol_hill/

 

Marriage: The Right Institution?

With high profile scandalous divorces hitting the newsstands and various websites, it causes one to ponder, is marriage truly the right institution? Celebrities, neighbors, and even clergy appear to have these “perfect” marriages, with “perfect” families and yet wind up in these wildly scandalous divorces. Stories and rumors of sexcapades, paternity lawsuits, custody battles, and undisclosed settlements to keep “baby mama’s” mouths closed. Is it that women have entered the workplace and are too tired for the occasional romp or that men simply can’t keep their pants zipped? Women becoming disenchanted when their Prince Charming begins to resemble a toad with a tire around his waist, or men feeling trapped by the kids, the nagging wife, and the constant demands for money and time? Who knows the reasons by but someone should know the answers about how to maneuver through the “semi-happy marriage”.

Historian Pamela Haag writes about a “semi-happy marriage”. And describes it “as one of low conflict, low passion, and low satisfaction. One minute, you love the stability and contentment. The next minute, you think it’s not the right marriage, and there are flaws in the marriage that are serious, even though there are also great things about the marriage," (Haag, Pamela "Marriage Confidential: The Post-Romantic Age of Workhorse Wives, Royal Children, Undersexed Spouses, and Rebel Couples Who Are Rewriting the Rules). Haggs says in other words, "one minute you can't imagine staying, the next you can't imagine leaving, It’s these kinds of marriages that are 'low-conflict' but not all that satisfying that contribute the lion’s share to divorce court each year." (Haag, Pamela)

Are people getting married because it’s what is expected of them or because we are taught early on that marriage is an institution that is right for everyone and if you don’t marry there something wrong with you? And is our current generation (the product of broken homes and nontraditional relationships) growing up to believe an entirely different concept? That marriage isn’t a necessity rather parenting through relationships without the institution is the safer more viable way to go. If so, how does this impact your average family law case? Does it really take the sting out of the break up?

I’ve got to say no. The idea that people may feel “trapped” or “bored” because in a marriage they have taken vows and aren’t “allowed” to commit adultery, have extramarital affairs, or supposed to be spending late nights out on the town without their significant other or otherwise have to be accountable to another doesn’t relieve them of their responsibilities. Those responsibilities and accountabilities that we have to others whether in relationships or through marriage don’t disappear because most of the time children are involved. Whether in a marriage or in a non-traditional relationship people need to understand that whether it’s a divorce or a SAPCR there is a level of accountability. If you find yourself in a “semi-happy marriage” or want to consider ways to avoid the institution all together while raising a family in a non-traditional way…do yourself a favor and get educated on the matter. A good family law attorney committed to you and your family will help you navigate your way though the “semi happy marriage” by potentially helping you save your marriage and at the very least helping your family unit stay intact.

Call the lawyers at the Wright Firm if you’d like information on your “semi-happy marriage” and options that may be available to you and your family 972-353-4600 or on the web at www.thewrightlawyers.com.

Is Your Texas Divorce REALLY “Uncontested”?

We get a lot of calls from folks who claim that they have an uncontested divorce case, then upon further discussion we find out the case isn’t as “uncontested” as the caller thinks.  Here’s a quiz to see if YOUR divorce is really an uncontested divorce:

YES	NO	Question
		Do both you and your spouse agree that you WANT a divorce?
		Do both you and your spouse agreed on the GROUNDS of your divorce?  ( for example, “no-fault,” “adultery,” etc.)
		Do both you and your spouse KNOW what every single one of your assets and debts are?
		Do both you and your spouse AGREE who will pay each of your debts?
		Do both you and your spouse AGREE who will get what items of property, including the house?
		Do both you and your spouse AGREE on how to file your taxes for this year?
		If you have children:
		Do both you and your spouse AGREE which parent the children will live with?
		Do both you and your spouse AGREE who will make decisions regarding the children?
		Do both you and your spouse AGREE exactly what days and times each parent will have visits with the children INCLUDING HOLIDAYS?
		Do both you and your spouse agree WHO will pay child support?
		Do both you and your spouse agree on the AMOUNT of child support?
		Do both you and your spouse agree who will PAY for the children’s health insurance?
		Do both you and your spouse agree who will CARRY the children on a health insurance plan?
		Do both you and your spouse agree who will PAY medical expenses for the children that are NOT covered by health insurance?
		Do both you and your spouse AGREE who will claim the children as dependants on your income taxes?

                 If you answered “NO” to ANY of these questions, your divorce is NOT an uncontested divorce.  But that’s okay!  The vast majority of divorces are contested on at least a few issues.  Hopefully, this quiz will give you and your spouse some talking points so you can identify your issues, and maybe even start resolving them.

                If you need assistance with your divorce (contested or uncontested!) give The Wright Firm a call at (9720 353-4600 or check us out on the web at www.thewrightlawyers.com.   

This article is a public resource for general information about The Wright Firm, L.L.P. and Texas Law. Nothing in this article should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.

 

 

An Old Flame: Get Ready to Pounce!

We’ve all done it, or at least thought about it.  At some point in your life there has been a person for whom you waited on pins and needles until he/she was single again so you could pounce.  Well, now Facebook is ready to assist!

A new Facebook app allows users to track the relationship status of selected friends.  If a friend on your watch list changes his relationship status, you are sent an email notification.  It’s admittedly a bit stalker-ish, but techno bloggers expect the app to be “hugely popular”. 

Have you been waiting for your college or high school flame to get divorced?  As long as he or she is one of your Facebook friends, you can now be the first to know when it happens.  And of course, nothing is real until it is posted on Facebook…

Speaking of divorce, if you are interested in a divorce of your own (hey, maybe that old college flame is waiting for YOU), call The Wright Firm at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

This Site is a public resource for general information about The Wright Firm, L.L.P. and Texas Law.  Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.

 

Is My IPAD Confession Really Confidential?

Little iApps, an Indiana software developer, has introduced "Confession: A Roman Catholic App" for iPhone, iPad and iPod Touch devices. Downloadable for $1.99 from Apple's iTunes, the password-protected program offers a step-by-step examination of conscience and guide to the Sacrament of Reconciliation.  I was curious so I downloaded the App and noticed that during the step-by-step examination of conscience that the App essentially has a check list for sins.  I started thinking, is the App and the information contained within really confidential?

 In Texas, confidential communications are privileged if they are made to a member of the clergy “in the member’s professional character as a spiritual advisor.”  You are not initially making these statements to a member of the clergy.  It seems that even the Catholic Church agrees with this statement. The Vatican issued a statement on February 9, 2011 indicating the electronic version of the Catholic sacrament of confession was no substitute for old-fashioned confession to an actual priest.  "It is essential to understand that the rites of penance require a personal dialogue between penitents and their confessor," explained Federico Lombardi, speaking for the Vatican. "The rites of penance ... cannot be replaced by a computer application."Linda Ann Nickerson Article on Vatican Response. The comments can be saved in the App.  

A member of the clergy under Texas law includes a minister, priest, rabbi, accredited Christian Science Practitioner, or other similar functionary of a religious organization.  The privilege may be asserted by the communicant, her guardian or conservator, or her personal representative (if the individual is deceased).  The clergy member may also assert the privilege.  The privilege protects confidential communications made privately and not intended for further disclosure except to other people present in furtherance of the purpose of the communication.  Clearly, if the device was filled out during confession it would probably be considered a confidential communication.  However, if you complete the program before you enter the confessional,  is your information protected?  One can imagine the information that might be revealed by a clever lawyer searching for information in the middle of a divorce case.  What about a police detective or the district attorney investigating a crime?   Until this point is clarified under Texas law, one should be careful about making the I-pad confession.  You may actually be making your confession to the judge. 

For more information regarding a Texas Law or to speak with a Dallas Divorce Lawyer, a Denton Divorce Attorney, or a Collin County Divorce Attorney contact The Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day).  For more information on Texas law visit our website at www.thewrightlawyers.com. Reading this blog post does not create an attorney-client relationship.  The facts of each case may be different so speak to a lawyer about the specific facts of your case. 

 

 

 

The Grammys, Rihanna, and Texas Protective Orders!

In 2009, Chris Brown admitted that he had assaulted Rihanna following a pre-Grammy Awards party.  Presently, there is a restraining order that stops him from contacting Rihanna.  So how could Chris Brown attend the Grammys?  According to Billboard Magazine, the court order, which prevents Brown from coming closer than 50 yards to Rihanna, allows for an exception when both singers are required to attend a music industry event.   At the Grammys, the rules are relaxed and Brown must instead come no closer than ten yards from Rihanna.  Digitalspy.com/Rihanna Article. 

Both stars are nominated for awards, but a 2009 court order remains in place for the singers to steer clear of each other, and Brown is not expected to attend Sunday's awards show, reports AP.  There are questions about whether Rihanna, who has been reported to be battling the flu, will attend. USA Today. 

This case highlights the need for restraining orders and protective orders in dating violence cases.  In Texas, a protective order can be granted where family violence has occurred and is likely to occur in the future. An adult in a dating relationship may file an application for a protective order. Further, any adult may apply for a protective order for the benefit of a child, including a child who is a victim of dating violence. If the protective order is granted, the order can require that a party who committed the violence to do certain acts that the court deems necessary or appropriate to prevent or reduce the likelihood of family violence.   Any party who has a Protective Order granted against them may be required to take a battering-intervention-and-prevention program, may be prohibited from communicating with the protected party or a member of their household in a threatening manner, prohibits the offending party from going to or near the person or the person’s residence, and will suspend the person license to carry a concealed handgun or even possessing a firearm or ammunition.  In cases in Texas where a judge believes that the protective order standard may be too high or not be able to be met, the court could place an injunction in place that provides many of the same remedies as the Texas Protective Order. 

 

If you find yourself in a situation where you are a victim of family or dating violence and want more information contact the National Domestic Violence Hotline. National Domestic Violence Hotline.  If you are in Texas and want more information about Protective Orders, contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com. Attorneys at The Wright Firm, L.L.P. are only licensed to practice law in The State of Texas.  This post does not create an attorney-client relationship.  The facts of each case vary and the laws are different in each state so be sure to check with an attorney in your jurisdiction.    This post is meant as general information and not legal advice.