The Wright Firm's Weblog

Paternity in Texas – What you Need to Know

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 child support.

In Texas, the Office of the Attorney General 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 only 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.

How is paternity established in Texas? For the purposes of collecting child support, it can be any of the following:

1. A woman is the presumed mother of the child by virtue of giving birth to the child.
2. A man is the presumed father of the child by virtue of:
   1. Adopting the child, or
   2. Having paternity adjudicated (via DNA testing), or
   3. Voluntarily acknowledging his paternity of the child, or
   4. Was married to the mother when she gave birth to the child.

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.

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.

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.

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 www.thewrightlawyers.com  or call us at 972-353-4600.

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.

 

Immigration and Adoption

Adopting Children from Foreign Countries

Do you wonder how celebrities get their foreign adopted children legal status in the U.S.? USCIS plays a key role in the intercountry adoption process. U.S. immigration law provides several different processes through which someone may immigrate on the basis of an intercountry adoption. An individual may immigrate under one of these provisions only if the individual’s adoption meets all the requirements of that specific process. Two separate processes apply only to children adopted by U.S. citizens. The child may immigrate immediately after the adoption or may immigrate to the U.S. to be adopted here.

The Hague Process:  This process applies if the child is a resident in a country that is a party to the Hague Intercountry Adoption Convention.

1. First the person adopting must choose a Hague Accredited ASP.
2. Obtain a home study from someone authorized to complete a Hague adoption home study.
3. Apply to USCIS before adopting a child or accepting a placement for a determination that one is suitable for intercountry adoption.
4. Once USCIS approves the application, work with the adoption service provider to obtain a proposed adoption placement.
5. File a “petition” with USCIS, before adopting the child, to have the child to be found eligible to immigrate to the U.S. based on the proposed adoption.
6. Adopt the child, or obtain custody of the child in order to adopt the child in the U.S..
7. Obtain an immigrant visa for the child.
8. Bring the child to the U.S. for admission with the visa.

 

The Orphan Process:

• If you are a married U.S. citizen, your spouse must file the immigration petition with you and adopt the child too. If you are not married, you must be at least 25 years old when you file the petition.
• You must establish that the child whom you have adopted or plan to adopt is an “orphan” as defined in U.S. immigration law. Under U.S. immigration law, an orphan is a foreign-born child who: 1) does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. OR 2) Has a sole or surviving parent who is unable to care for the child, consistent with the local standards of the foreign sending country, and who has, in writing, irrevocably released the child for emigration and adoption.
• You must establish that either: You (and your spouse, if married) have adopted the child abroad, and that each of you saw the child in person before or during the adoption proceeding; OR You will adopt the child in the U.S. after the child arrives in the U.S.

You must file an orphan petition before the child’s 16th birthday. The adoption process alone can be very difficult, but when it involves a foreign child it becomes even more complicated. That’s why it’s important to obtain legal counsel to help you through the process. 

If you have questions on adoption or Texas family law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website 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.

 

 

 

Social Media in a Texas Divorce

Your Texas divorce attorney does not “Like” your Facebook profile.   Why? Because anything you post, tweet or tag may be used against you.

It may be tempting while you are going through a divorce or other legal matter to vent your frustrations via social media, but this can be a trap for the unwary.  Even if you “un-friend” the spouse you are divorcing, and set your security preferences to the max, a friend of a friend may share that status or picture you posted.  A screen capture can be worth a thousand words.

If you are reading this thinking “that won’t happen to me” – that’s what one of our opposing parties thought.  Boy was she surprised when her deposition came around and we presented her with a STACK of printouts of photos and wall posts with every innuendo-laden comment between her and her male “friend” highlighted. 

So, take the profile down.  Stop tweeting or posting items to your Facebook page.  It will only be temporary.  As soon as the ink dries on your final order, you can re-friend everyone.  However, even then – be smart about what you post.  If you wouldn’t want your mom/boss/judge/other-authority-figure-whom-you-respect to see it, don’t post it.

If you have questions about divorce in Texas, contact The Wright Firm, L.L.P. at 972-353-4600 or visit us on the web at www.thewrightlawyers.com.

Texas Court Room Rules

Top 10 Texas Court Room Rules

 Have you ever been to court?  Unless you’re going to the court house for jury duty, appearing for one of your own hearings can be a very scary experience.    If you are scheduled to appear in a court in Dallas, Denton, Collin, or Tarrant Counties, here are some things you need to know.  Maybe you are appearing for your divorce or family law hearing, a contested probate case, a criminal hearing, or a final trial in a civil matter. 

 

Because judges have different preferences, and “courtroom custom” may vary depending on the county and the judge, the following is intended to provide a top 10 list of things you should know before you get to the court house:

 

1.      Always be prompt.  If your hearing starts at 9:00, you probably need to be there at least thirty minutes early.  For example, in a Denton Divorce case, your Denton County Divorce Attorney may want you at the court house even earlier because many times settlement negotiations will take place at the court house.  Do not be late!  The judge may not wait on you.  The judge will call the case at the time designated and if you are not there the judge will proceed and could dismiss the case if you are not in attendance or even worse the other side could get the relief that they are seeking.  Also, know where you are meeting your lawyer before the hearing. 

 

2.      Stand when the judge enters or leaves the courtroom. Being a judge is an extremely difficult job.  Judges must look at all sides and make as best of a decision in each case as possible. The things they have to see and hear about are horrendous. Standing is a simple sign of respect. We stand when we do the pledge of allegiance, or when the national anthem is being played. We stand when a bride walks down the aisle, or when the president comes into a room. 

 

3.      Do not make personal attacks on opposing counsel or the opposing side.  The other lawyer is just doing their job.  Remember the other lawyer is not going to decide your case.   Have the hearing in the court room not in the hall.

 

4.      Do not interrupt the Court or opposing counsel. Wait your turn.  I see this every day at the court house.   The judge will let you have your turn and will let you have a chance to respond to what the other side or the other lawyer is saying. 

 

5.      No children are allowed in the Courtroom during Court proceedings. The court house is not a day care.  There is no one to watch your children.  For example, if you have a Dallas Divorce case, why would you want your children to sit in the court room and have them listen to the complaints of you and your spouse.  One judge has even told me that if he sees that a party brings a child to the court house, without court permission, he is already thinking in his mind that you do not have your child’s best interest in mind. 

 

6.      No food, drinks, chewing gum, candy or tobacco products are allowed in the Courtroom.   For example, the Collin County Court house is paid for with tax payer money and is needed for the benefit of all citizens.   The request for no food or drink just ensures that the buildings will remain nice and clean for us all in the future.

 

7.      No hats, caps, shorts, tank tops, halter tops or provocative clothing (this includes wording, pictures and the manner in which the clothing is worn).  This really is a lawyer’s pet peeve.  As a Family Law Attorney in the Denton County Courts,  I  have personally taken clients shopping before a hearing.  You are not going to the spa, the beach, and you will not sway the judge by what you are wearing.   Years ago while up in the Denton County Courts, I witnessed a bailiff instruct a person to turn their “This Buds for You”  t-shirt inside out.  Remember this is also a sign of respect.   

 

8.      All pagers, cell phones or other portable communication devices must be turned to the off position. No communication devices shall be operated in the Courtroom. No audible sounds from the communication devices shall be permitted.  In many North Texas court rooms, if your cell phone goes off, it will be confiscated and not returned until you pay the fine for its return.  I have witnessed in the middle of my hearings the opposing party’s cell phone going off while they were on the witness stand.  Do we think that helps or hurts their case? 

 

9.      All talking shall be at a minimum while court is in session.  The judge cannot hear what is going on in the court room if everyone is talking.  If you want to talk to your lawyer, go out in the hall.

 

10.    All persons addressing the court and/or staff shall do so in a respectful manner (i.e. yes sir, no sir, yes ma’am, no ma’am).   Yelling at the bailiff, the court reporter, the court coordinator is never helpful or advised. 

             These are just a few guides that we tell our clients on a day to day basis.  At The Wright Firm, L.L.P. we have offices in Dallas, Denton, Collin, and Tarrant counties in North Texas.  We also handle family law and divorce, criminal matters, bankruptcy, probate and estate planning, immigration, and civil litigation.  If you have questions about this article or a case that you may have, please visit our website at www.thewrightlawyers.com or send me an email at [email protected] for more information.  Thank you for reading this article. 

 

Focus

FOCUS ANYONE?

 

When you run a business, specifically a law firm, you expect focus to detail.  Get the small stuff right the rest will follow as some say.  Maybe it was the first day of a new year, too much fun on New Years Eve, or just the fact of returning to the office after a break. However, yesterday, while sitting in court, I looked down at a letter that we had sent to opposing counsel and there in the subject line was the listing for the wrong court.   Oh, I’m ok, I had sent another notice letter out but it still bugged me.  I had just about forgotten the letter, when I received a motion from a co-counsel of mine from another firm. Reading over the document, I noticed it listed the right court but the wrong county.  Was something in the water?  Birds were dropping from the sky in places. 

In Why We Make Mistakes, Joseph T. Hallinan explains the science of human error and accounts for mistakes such as these.  He discovers that some of the same qualities that make us efficient also make us error prone.  We learn to move rapidly through the world, quickly recognize patterns but overlook details.  He also explains that Organizations that understand that people will make mistakes and then do something to manage and minimize those mistakes are more likely to succeed.   Are you managing your mistakes???