What Is Legal Custody in Texas?

When the parents of minor child are married and living together with the child, the parent share equally in the benefits and responsibilities of parenting. If, however, the parents are divorced, or were never married to begin with, those benefits and responsibilities must be legally attributed to the parents. For example, the child will live with one of the parents the majority of the time while the other parent pays child support. “Custody” of a minor child is not as simple as that though. In the State of Texas, like in most states, a parent maybe awarded physical custody of a child, legal custody of a child, or both. If you have been awarded legal custody of your minor child the first question you may have is “What is legal custody in Texas.” The State of Texas acknowledges two types of custody – “conservatorship” and “possession and access.” Possession and access covers what other states refer to as “physical custody” while conservatorship is used to refer to
http://boydfamilylaw.com/legal-custody-in-texas/

Recent Court Victory on Interesting Facts

I recently tried and won a child custody case for a Dad in one of the District Courts in Collin County where the Judge is well known for being pro-Mom. Not only that, but we had a rather uphill battle: W was a stay at home Mom caring for 3 small kids; H had taken an IT job in another state near the West coast out of necessity and had been living there for several years and had only returned sporadically to see the kids; and H had first hired another attorney in the case who talked him into letting her keep custody for temporary orders and committed him to paying quite a large level of support. However, once I was hired by Dad, based on some things he said about his W that just didn t sound right, he agreed with my suggestion to let me depose her. While deposing her, we discovered a number of odd things about her and became concerned for the children s welfare. Shortly thereafter, the children made an outcry of having been emotionally and physical abused, which caused me to file a Pro
http://boydfamilylaw.com/recent-court-victory-on-interesting-facts/

Can a Mother Decide to Forego Child Support and Not Give a Father Parental Rights in Texas?

The law imposes both rights and responsibilities on the parents of a minor child in the State of Texas. When the parents of a minor child decide to terminate their relationship with each other it can raise some complicated issues relating to those rights and responsibilities. When the parents of a minor child are legally married at the time of the child’s birth, parental rights to the child are established for both parents when the child is born. If the parents later divorce, what happens to the father’s parental rights to the child and is he required to pay child support? Likewise, if the parents were not legally married at the time the child was born and later decide to end their relationship, does the father have rights to the child and are those rights tied to the payment of child support? Finally, can a mother decide to forego child support and not give a father parental rights in Texas? As long as the parents of a minor child are together, issues relating to the support of t
http://boydfamilylaw.com/forego-child-support/

How Much Does a Divorce Cost?

No one enters into a marriage with the belief that it will end in divorce. Unfortunately, about half of all first marriages in the United States, and even more second and subsequent marriages, do end up in divorce. If you are contemplating ending your marriage, or have already made the decision to do so, one question you may have is “How much does a divorce cost?” Because of the numerous unique facts and circumstances surrounding a divorce only an experienced Texas divorce attorney can provide you with an estimate for your specific divorce; however, it may help to know what factors typically influence the cost of a divorce. You undoubtedly know someone who went through a nightmare divorce that cost them a substantial amount of money in the end. Everyone knows someone like this. Conversely, however, you probably also know someone who went through the divorce process with very little stress and expense. Both of these extremes are possible. Where your divorce falls on this spectrum w
http://boydfamilylaw.com/divorce-cost/

A Father’s Visitation Rights: What You Need to Know

Not all that long ago custom dictated that when the parents of a minor child separated the child would remain with the mother absent a compelling reason for the father to retain primary custody of the child. Post-divorce, a father was typically entitled to see the children for one week-end a month, a week or two during the summer, and occasionally on major holidays. A father who chose to fight for more than the token visitation he was allotted usually had an uphill battle. Fortunately, times have changed considerably since then. Today, both society as a whole, and the law in particular, expects a father to take a much more active role in parenting his children post-divorce. If you are a father who recently made the decision to end your marriage, or who is contemplating same, you need to know what the law in the State of Texas says about a father’s visitation rights. Like most states, Texas now uses the “best interest of the child” standard when making all decisions relating to c
http://boydfamilylaw.com/fathers-visitation-rights/

Can I Move the Children Out of State If I Live in Texas?

When the parents of a minor child do not live together, either because of divorce or because they were never married to begin with, the child usually spends the majority of the time living with one parent. A schedule is usually in place that allows the other parent to enjoy parenting time with the child as well as long as the parents live relatively close to one another. What happens though if you are the primary custodial parent and you wish to move out of state? Can you move the children out of state if you currently live in Texas? While it is possible to move out of state with a minor child, you cannot simply pick up and leave the state without facing serious legal ramifications in the State of Texas. In Texas, the parent with whom a minor child lives the majority of the time is referred to as the “primary managing conservator.” In cases where both parents are awarded the right to make major decisions relating to the child the term “joint managing conservators” is used. If
http://boydfamilylaw.com/move-the-children-out-of-state-if-i-live-in-texas/

What Are the Grounds for Having a Marriage Annulled in Texas?

Three wedding rings stacked on a dark background The decision to get married is one of the most important decisions you will make over the course of your lifetime. When you do make the decision to wed you make it with the hope that the marriage will last for a lifetime. Unfortunately, not all marriages do last. In fact, about one in two ends in divorce in the United States. Divorce, however, is not the only way to end a marriage. In some situations, annulment is also an option. If you would prefer to have your marriage annulled, the first thing you need to know is the answer to the question “What are the grounds for having a marriage annulled in Texas.” Although divorce and annulment both end a marriage, there is one significant difference between the two options. Divorce legally ends a valid marriage whereas an annulment is a court order stating that the marriage is null and void, effectively saying that the marriage never existed. People prefer to seek an annulment for a variety
http://boydfamilylaw.com/grounds-for-having-a-marriage-annulled/

Holiday Hours and Dates Closed 2015

The holiday season is upon us. We at Boyd Family Law wish all of you and your children a very happy holiday season. So that we can spend some time with our own family and friends, please take note of our holiday closing schedule. We will be closed: November 25, 26 and 27; December 24 and 25; and December 31 and January 1. Please also take note Jon R. Boyd will be on vacation December 21, 2015 through and including January 4, 2016. The Office Staff will be working except for the holiday closings above. Thanks and have a wonderful holiday season! The post Holiday Hours and Dates Closed 2015 appeared first on Law Office of Jon R. Boyd, P.C..
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When a Child Is Born Out of Wedlock in Texas Who Has Custody of the Child?

Not all that long ago it was uncommon, and certainly frowned upon, for a child to be born out of wedlock in the United States. In the 21st century, however, more and more couples are choosing to delay marriage, or to not marry at all. This does not mean they are choosing not to have children. The result is a significant rise in the number of children born out of wedlock in the U.S., which raises some important legal questions for everyone involved. For example, when a child is born out of wedlock in Texas, who has custody of the child? Whether you are the mother, the father, or even a relative of the child in question it is important to understand the legal answer to this question. Although society has largely accepted the concept of co-habitation in lieu of marriage at this point, the law has yet to catch up. When it comes to a child born outside the bounds of matrimony the law is very clear on the subject – the mother has full parental rights to the child and the father has none u
http://boydfamilylaw.com/child-is-born-out-of-wedlock/

Can I Go to Jail for Not Paying Child Support?

If you are the parent of a minor child in the State of Texas and you have been ordered to pay child support for that child it is imperative that you take your support obligation seriously because failing to pay child support can have serious negative consequences. In fact, it is even possible that you will go to jail for not paying child support in Texas. The worst thing you can do is ignore the problem if you find yourself unable to comply with the court order. It might be possible to modify your current support order or there may be an affirmative defense that could prevent you from ending up in jail; however, doing nothing is almost guaranteed to have unwanted consequences. Although only an experienced Texas family law attorney can provide you with specific advice regarding your situation, some general information about failing to pay child support in Texas may be beneficial in the meantime. When the parents of a minor child go through a divorce, or when paternity is established fo
http://boydfamilylaw.com/not-paying-child-support/

What Is the Process to Adopt in Texas?

Adopting a child is one of the most important things you will do during your lifetime. After all, adoption creates or enlarges a family. If you have never been through the adoption process before it can certainly seem intimidating. The old adage “knowledge is power” applies here. Once you know the overall process to adopt in Texas you may find that the prospect of going through the process doesn’t seem quite as intimidating. There are several different types of adoption that you may wish to pursue, including: · Agency adoption – involves using a licensed adoption agency to help find a child. · Private adoption – usually uses an attorney or physician to bring a birthmother and adoptive parent together. · Child protective agency adoption – adopting a child who is in foster care or whose parents have already had their parental rights terminated by the State of Texas. · Family adoption – this includes step-parent adoption, a grandparent adopting a child, or any other ado
http://boydfamilylaw.com/process-to-adopt-in-texas/

Why Do I Need a Pre-Marital Agreement?

Once upon a time, the mere mention of the term “pre-marital agreement” typically sent a prospective bride (or groom) running in the opposite direction from the alter. The reason for this was found in the negative perception most people used to have with regard to the reason why a pre-marital agreement might be needed. In recent decades, however, the negative connotation once associated with a pre-marital agreement has all but disappeared, leading to increased use by couples planning to marry. If you are planning to be married in the near future you may be wondering why you would need a pre-marital agreement. A pre-marital agreement is an agreement between prospective spouses made in contemplation of marriage and to be effective on marriage. In the State of Texas, the Uniform Pre-Marital Agreement Act, or UPAA, governs the creation and enforcement of pre-marital agreements. According to UPAA, a pre-marital agreement may cover: · the rights and obligations of each of the parties in
http://boydfamilylaw.com/need-a-pre-marital-agreement/

How Does the Judge Decide Custody Issues in Texas?

When the parents of a minor child decide to end their marriage, or were never married at all, custody and visitation arrangements for the child must be made. Ideally, the parents are able to reach an agreement outside of the court, thereby avoiding costly and time consuming litigation. If, however, the parties are unable to reach an agreement, the court will have to intervene. If you are concerned that you and your child’s other parent will be unable to reach an agreement without the court’s intervention you undoubtedly want to know how the judge will decide custody issues in Texas. Although every situation is unique, there are some common factors a court will typically consider when making custody decisions in the State of Texas. In the State of Texas, “custody” of a minor child is actually referred to as “conservatorship.” Just as other states recognize two types of custody (physical and legal), Texas also acknowledges the role of “managing” conservator and the role
http://boydfamilylaw.com/decide-custody/

How Long Will a Divorce Take in Texas?

For most couples, the decision to end a marriage is only made after considerable thought and contemplation. Though it is often heart-wrenching to make the decision to end a marriage, once the decision has been made you will likely want to get the process over with as soon as possible, leading to the obvious question, “How long does the divorce process take in Texas?” Because each divorce includes a unique set of facts, circumstances, and contested issues it is impossible to provide a universally applicable answer to that question; however, a better understanding of the factors that will impact how long the divorce process takes in Texas may give you a better idea how long your divorce is likely to take. · Notice – once you have initiated the divorce process by filing a Petition for Divorce you must serve your spouse with the Petition and a Summons which collectively serve to put your spouse on notice that the divorce has been filed. If you cannot locate your spouse, or he/she l
http://boydfamilylaw.com/how-long/

How Does the Divorce Process Work?

The decision to end a marriage is never an easy one. Once it has been made, however, the legal process of divorce must begin. The process itself can be confusing and somewhat intimidating for anyone who has never been through it before. You will likely find yourself wondering “How does the divorce process work?” Because no two divorces are exactly the same, it is always best to consult with an experienced Texas divorce attorney to find out what steps your specific divorce will take; however, there are several steps that are common to almost all Texas divorces, including: 1. Deciding where to file the divorce. In order to file for divorce in, Texas one party must meet the residency requirements. At least one spouse must have been a continuous resident of the State of Texas for at least six months prior to filing the Petition and a resident of the county wherein the divorce is filed for at least 90 days. 2. Preparing the Petition. One party (the “Petitioner”) must initiate the d
http://boydfamilylaw.com/divorce-process-work/

How Are My Children? Non-Custodial Parents Want Answers

One of the biggest challenges for non-custodial parents seeking information regarding their children is dealing with the secrecy found in the way child welfare agencies dole out information.  The National Parent’s Organization even says it’s a system “cloaked in secrecy. While many say it’s for the best interest of the child to not provide any information above and beyond what’s necessary, others say it can become abusive and downright ridiculous. Child welfare agencies responses have varied from statements like “Well, we didn’t want the media to know” to questions like “Why did you not notify the father?” Many of the justifications simply don’t fly. The reality is that the law indeed protects children, as it should, but that should never be used as a catchall for warring former spouses. It can be devastating for a non-custodial parent to be treated as though he or she is going to use information regarding his or her own child in such a way that would allow t
http://boydfamilylaw.com/how-are-my-children-non-custodial-parents-want-answers/

Child Custody, Unemployment and Sleepless Nights

Texans are a resilient group. We understand struggle, and if you’re in the energy sector, you likely understand it better than anyone. In May, there were more than 101,000 job losses in Texas alone, with at least another 400,000 expected to be cut before the year’s up. Most of these jobs are found in the gas and oil sector. If you’re a father who’s facing a layoff due to the slow crash of the energy sector, you may have questions, especially if you’re seeking custody or have been awarded custody. Of course, no two clients will have the same solutions, but before you assume the worst, why not explore your options or even ensure you’re on the right legal path? Fathers have historically had a steeper climb when it comes to child custody in Texas, but you should know that 10 percent of non-custodial parents in our state are women. And if you’re not the custodial parent, odds are you’re concerned about your child support payments. No good parent wants his or her children to
http://boydfamilylaw.com/child-custody-unemployment-and-sleepless-nights/

Custody Challenges When One Parent Has Addiction Issues

Recently, there have been several major newspapers reporting that one reason the heroin trade is flourishing in this country, and certainly within Texas, is because every day, new people are introduced and ultimately become addicted to the drug. Perhaps most startling is the realization that many heroin addicts are the same ones who, months or years earlier, were injured and were prescribed powerful painkillers. For many, they became addicted but soon realized it was too expensive. Enter heroin. Addiction remains one of the biggest societal challenges in this country. From a family law perspective, the children are the ones who have no say over what Mom and/or Dad are doing, yet their lives will forever be changed because of those choices. This is just the beginning of the custody challenges one may face. Many fathers had no choice but to watch from a distance as their exes developed substance abuse problems, all the while feeling as though their hands were tired. Those scenarios are
http://boydfamilylaw.com/custody-challenges-when-one-parent-has-addiction-issues/

Becoming a Foster Parent in Texas

Those who choose to go through the Texas home fostering program are rewarded with the opportunity of sharing a part of their lives with children who are facing an uphill battle many adults have never faced. These kids, through no fault of their own, are vulnerable and find themselves playing an unfair hand they were dealt. It can be challenging for all parties. It can be exhausting—again, for all parties. It can be the most rewarding experience any of those parties ever have—and that’s always the goal. Becoming a foster parent in Texas, as is the case in every state, has specific compliance guidelines and processes that must be met before an applicant is considered. Here are a few of the basic requirements: Be at least 21 years old; File a complete application; Be financially stable and responsible; Share background and lifestyle information; Provide references: both relatives and non relatives; Provide proof of marriage and/or divorce (if applicable); Agree to a home study, whi
http://boydfamilylaw.com/foster-parent-in-texas/

Parental Rights, Same Sex Marriage

To say same sex marriage in Texas has been especially contentious is an understatement. The latest Supreme Court ruling, however, cements the future for same sex couples wishing to marry. That doesn’t mean all of the questions have been answered when it comes to adoptions in Texas, however. There are many married same sex couples who have children, either through adoption or artificial insemination and similar methods, but have only one spouse/parent listed on the birth certificate. It’s true, too, that before the Supreme Court ruling, there were a number of obstacles that made it virtually impossible for a same sex couple to list both parents on the child s birth certificate. Same sex marriage opportunities will certainly eliminate many of those barriers; however, there are still challenges on the horizon, not to mention potential future litigation. Texas birth certificates still allow only one mother and one father to be listed. If the child is biologically one partner’s, th
http://boydfamilylaw.com/parental-rights-same-sex-marriage/

Great—and Long Overdue News—for One Family

A Missouri father scored a great victory a few weeks ago when a judge refused to terminate his parental rights to his young daughter. Joshua Burns broke down in tears as the judge read her ruling, The court does find by a preponderance of evidence that it is not child s best interests to terminate the respondent father s parental rights. His daughter, Naomi, was 11 weeks old when doctors found bleeding between her brain and her skull. Her father said his young daughter was resting across his knees when he reached forward to answer a ringing phone. The baby began to slip and he instinctively caught her by her face. Two days later, the baby became lethargic and her parents took her to the doctor. It was at that time a doctor said that the baby had been abused. The parents fought the ruling and Naomi’s father took—and passed—two lie detector tests. Still, he was arrested and charged with child abuse. The courts tried to terminate not only his parental rights, but those of his wife
http://boydfamilylaw.com/great-and-long-overdue-news-for-one-family/

Understanding Child Custody

Anyone seeking custody should familiarize themselves with a bit of related legal terminology first. However, the same terms can have different meanings in different states, which can complicate matters if you’re talking to a cousin in Michigan whose definition of a term like physical custody is substantially different from the one you re used to in Texas. As always, you should seek sound legal guidance, whether you’re in Texas or any other state, as you go about the business of protecting your parental rights. Physical Custody  Physical child custody, simply stated, means the parent has the right to have a child live with him or her. In many cases, especially in recent years, joint physical custody has been awarded, which allows for both parents to enjoy significant amounts of unbroken time with their children. Naturally, this works best when both parents reside in the same area. Furthermore, countless studies show that, provided there are no harmful issues affecting the aran
http://boydfamilylaw.com/understanding-child-custody/

Overstepping Legal and Judicial Boundaries

By now, most of us have heard of the outrageous decisions ordered from a Michigan judge who sent three children to juvenile detention. Their “crime”? Refusing to have lunch with their father. As a father’s rights advocate, this case raises many red flags, even for those of us who seek to ensure children are afforded a relationship with their father. Here’s how the case unfolded. Michigan Circuit Judge Lisa Gorcyca found herself in a standoff with a 15-year-old boy who said he did not wish to spend any time with his father because he’d witnessed him hit his mother. The judge was unhappy with his defiance and demanded the boy to “have a healthy relationship with your father.” The judge then said she believes the mother was indeed turning the children against their father. She held the 15 year-old-boy in contempt and accused him and his two younger siblings of being like cult leader Charles Manson. This is not what any attorney wants for his client and their children, wheth
http://boydfamilylaw.com/overstepping-the-legal-and-judicial-boundaries/

Texas Notice of Intent to Claim Paternity

Recently, a powerful piece was published in The Atlantic that resonated with fathers nationwide. Titled “A Father’s Struggle to Stop His Daughter’s Adoption, the story grabbed my attention right away. The story it told, unfortunately, is one I’ve heard many times over the years. In fact, the young man’s story is exactly why I am so adamant in my goals of protecting fathers’ rights and ensuring they play as big a role as possible in the lives of their children. The story also shines a light on what the author calls “an obscure system” that many fathers have no idea exists. In Texas, the registry is called the Texas Notice to Claim Paternity, or simply, Paternity Registry. Many of my clients have no idea Texas has these types of resources, though they are relieved to learn that not only do they exist, but that they are powerful tools in their efforts to be there for their little ones. The Texas Department of State Health Services explains: The purpose of the paternity
http://boydfamilylaw.com/texas-notice-of-intent-to-claim-paternity/

Texas FTAS: the Pathway for Educational Success

One of the biggest challenges in some custodial cases is which schools students will attend and which parent will ensure their children are not only enrolled, but attend with no red flags, such as a high number of truancies. Texas just passed a law addressing Failure to Attend School (FTAS), also known as truancy. Governor Greg Abbott said that FTAS will no longer be a criminal offense in Texas. The law, House Bill 2398, passed in late June as part of a “comprehensive reform” effort. It goes into effect on September 1. In an interview with Breitbart Texas, Governor Abbott said, “Criminalizing unauthorized absences at school unnecessarily jeopardizes the futures of our students. The process of elevating our state’s education system to be number one in the nation begins in the classroom, and I signed House Bill 2398 to ensure Texas educators have the tools necessary to prevent truancy, encourage classroom attendance and focus on educating our children to ultimately set our stud
http://boydfamilylaw.com/texas-ftas-the-pathway-for-educational-success/

New Legislation Could Mean New Custody Laws for Fathers

In at least 20 states, there are bills making their way through the legislative process that would change the laws surrounding child custody and visitation rights. There are some groups, however, that disagree with these efforts , saying they would give leverage to “abusive men.” Others say that the cases that make it into court in the first place will be those in which Mom and Dad can’t get along anyway, and by changing the laws like this, sparring parents will have even more opportunities to play out their personal battles with one another. But one look at the statistics shows why changes are long overdue. In 2012, we had $11 billion past due in child support payments in Texas alone. Nearly 1 million Texans have child support orders, and half of Dallas County parents pay child support. In Texas, 10 percent of mothers are non-custodial parents; that number could be on the rise. For some, past due child support equates to no visitation for the non-custodial parent. While remai
http://boydfamilylaw.com/new-legislation-could-mean-new-custody-laws-for-fathers/

The Uniform Parentage Act

Texas was the first state to put into place the Uniform Parentage Act. The year was 2002 and this act sought to provide clarity for parents in Texas in matters such as paternity and child support. Keep reading to learn more about your parental rights in Texas. Establishing Paternity in Texas In our state, there are three ways to establish paternity: Presumption A man is presumed to be the father if he is married to the mother at the time the child is born or if the baby is born during the first 300 days after a marriage is terminated. If the father resides with the child for the first two years of the child’s life or if presents a father/child relationship to others, he may be presumed to be the father. But what happens if the father believes the child may not be his? He may file a denial of paternity and if there are suspicions that another man is the father, he can include an acknowledgment of paternity. A court may also rebut the presumption of paternity if it determines he is no
http://boydfamilylaw.com/the-uniform-parentage-act/

CORRECTION: Dental Insurance is NOT required until 9-1-17, not 9-1-15 as previously reported

I have just received a notice from the Legislative Update folks that there is a correction to what they presented to us lawyers recently. Rather than DENTAL insurance being required this September 1 and thereafter, it will apparently not go into effect until September 1, 2017. The post CORRECTION: Dental Insurance is NOT required until 9-1-17, not 9-1-15 as previously reported appeared first on Law Office of Jon R. Boyd, P.C..
http://boydfamilylaw.com/correction-dental-insurance-is-not-required-until-9-1-17-not-9-1-15-as-previously-reported/

Two More Important, NEW Additions to the Texas Family Code

As I posted in a blog earlier this week, this year we had another bi-annual legislative session in which new bills were introduced to become law. Some passed, many others did not. Two NEW changes to the Texas Family Code effective this September 1st you will need to know: 1. Now, if you file a Petition to Modify and request Temporary Orders to change primary custody, not only must you plead that failure to change custody will cause significant impairment to the child, you must now ALSO attach a sworn affidavit setting out facts which constitute significant impairment in order to get a temporary hearing set on the docket. Until now, you needed only allege in your petition, signed by your attorney, that there would be significant impairment. This is an important procedural change. 2.  A court may no longer prohibit a spouse from executing a new Will or an amendment (called a Codicil ) to an existing Will, or from revoking a prior Will. This prohibition has been used in many counties
http://boydfamilylaw.com/two-more-important-new-additions-to-the-texas-family-code/

Complexities of the Law and Foster Care System in Texas: Marijuana and Parenting

You may recall the heartbreaking story last year of a little girl who was placed in DHS custody because her father smoked marijuana after she had gone to bed. He didn’t do it daily, yet he and his wife lost custody, and as a result, their 2-year-old daughter was placed in the Texas foster care system and murdered. The foster mother who’d killed the little girl was sentenced to life in prison and is now in a Texas cell awaiting her fate. But what happens if a similar scenario plays out in the future? What does the recent partial medical legalization of marijuana mean for Texas parents? Last month, Texas Governor Greg Abbott signed into law a very narrowed use for marijuana. Cannabis-based oils with low levels of THC are now legally available for those with epilepsy. Legalization supporters say the law is moot: no one can actually get this specific kind of oil. State Senator Kevin Eltife announced the plan to legalize CBD oil in January and was careful to emphasize that patients w
http://boydfamilylaw.com/the-complexities-of-the-law-and-foster-care-system-in-texas-marijuana-and-parenting/

July 3rd Holiday

Please take note that all Courts and office buildings, including my own, are CLOSED this Friday, July 3rd, in honor and celebration of our Independence Day on July 4th. We will reopen Monday the 6th as usual. Take pride in our great country, be safe, be diligent, have a great weekend. The post July 3rd Holiday appeared first on Law Office of Jon R. Boyd, P.C..
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Legislative Update – CHANGES TO TEXAS FAMILY CODE beginning Sept 1, 2015

I have gone to the Legislative Update seminar recently to learn of the various changes and updates to the Texas Family Code resulting from this recent Legislative session. There actually were very few changes this session. The most notable are: 1. DENTAL INSURANCE and dental expenses are now going to be MANDATORY, in addition to Health Insurance and health care expenses in general. 2. In child custody cases, for many years the courts have ordered social studies , often through the County s own in house agency. Occasionally, the Court would order a Psychological Evaluation . Now, all of those are lumped together and called a Child Custody Evaluation and the rules and qualifications are more detailed and standardized than before. See me for details. The post Legislative Update CHANGES TO TEXAS FAMILY CODE beginning Sept 1, 2015 appeared first on Law Office of Jon R. Boyd, P.C..
http://boydfamilylaw.com/legislative-update-changes-to-texas-family-code-beginning-sept-1-2015/

Update re Equal Parenting Bill

I regret to say the Bill proposed in this last Legislative session to make 50-50 parenting rebuttably presumed to be in the best interest of the child did NOT pass. It was actively opposed by the Texas Family Law Foundation, which is the group of Family Law attorneys who actively works each session to pass or oppose new legislation. I have been in contact with members of the Foundation to see whether we can re-submit the Bill next session. I will keep you updated on my efforts. The post Update re Equal Parenting Bill appeared first on Law Office of Jon R. Boyd, P.C..
http://boydfamilylaw.com/update-re-equal-parenting-bill/

Gay Marriage Approved by Supreme Court

As of last Friday, June 27, 2015, the US Supreme Court has ruled that gays and lesbians are entitled to legally marry. Which also means they can legally divorce and be just as happy as the rest of us heterosexuals, lol. So to you members of the Gay and Lesbian community- Congratulations. But if and when you re marriage fails, call me. I will represent you with dignity and professionalism the same as I represent any other client. The post Gay Marriage Approved by Supreme Court appeared first on Law Office of Jon R. Boyd, P.C..
http://boydfamilylaw.com/gay-marriage-approved-by-supreme-court/

An Extra Option Besides Joint Custody: Equal Custody

For years, our family law firm has sought to ensure equal rights for fathers in Texas. It’s been challenging since historically, mothers are the ones who are awarded custody most often. In recent years, we’ve begun to see a shift, and now one state representative is seeking to level the playing field a bit more. Rep. Gilbert Pena (R-Pasadena) has brought a new bill to the Legislature floor with the goal of putting into place different standards regarding child custody. It s just an extra option the judge has at his disposal besides joint custody, Pena said. House Bill 2363, also known as the Equal Parenting Law, is designed to provide judges a bit more leeway in how custody unfolds. It allows judges to initially give parents equal custody, provided it benefits the child. It comes as little surprise that support for this bill has impressive support from many father’s rights groups around the state and around the country. As a family law attorney, I know firsthand the importance o
http://boydfamilylaw.com/an-extra-option-besides-joint-custody-equal-custody/

Heartbroken Father Speaks Out About Losing Custody

You may recall the devastating story out of Maryland last week when a mother was found pushing her deceased son on a swing in a park. The little boy, who was just three years old, had been at the center of a custody battle between his parents. Ji-Aire’s father is now speaking to the media and his story only adds another layer of tragedy, especially considering it could have been avoided. Ji-Aire’s father, James Lee, was in in court the week before in his continued efforts to gain custody. I m not saying she is an unfit parent, but at this particular time, she wasn t fit to take care of our son, he said to a Fox News affiliate in DC. He had been attempting to gain full custody and says he’s not sure if the judge took him seriously. He said his son was a happy boy. “That’s my little man, he loved having fun just like me. He’ll always be that’s my little man. That last custody hearing was the last time he saw his son. I Have a Stable Home He explained to the judge that he w
http://boydfamilylaw.com/heartbroken-father-speaks-out-about-losing-custody/

Dads Bonding With Their Children

When it comes to custody issues, mothers and fathers can be adamant in their stances. Whatever the motives for the determination (and as a family law firm, we like to believe those motives are focused on the well-being of the children), there are growing amounts of evidence that support the presence of Dad in a child s life.
http://boydfamilylaw.com/dads-bonding/

Is a Lack of Fathers the Real Problem?

In recent months, it seems as though there’s been a huge divide in this country. It’s tragic because it’s not indicative of how most Americans truly feel. It is, however, the result of a few who are adamant on making it so. No matter what the issues at hand, there’s always something that seems to keep us divided. Recently, though, it’s what one of the candidates for the Republican presidential ticket said that has stirred some debate. Many are asking if it’s the lack of fathers that is the real problem. As a family law attorney, I see firsthand the trauma and emotional pain pouring forth from families that divide due to divorce. There are times when both parents are loving, unselfish and want to ensure their children are as protected as possible. Those are the cases that remind us just how important family is, even when it’s a divided family. Priorities are straight and we know these kids are going to have two parents who are always on their side. Then there are the case
http://boydfamilylaw.com/is-a-lack-of-fathers-the-real-problem/

Establishing Paternity: Twin Girls, Two Fathers

There’s an interesting case unfolding in New Jersey. It includes twin girls, one mother and now, apparently, two fathers. One of the more interesting factors is the rarity: or maybe not. Some in the medical and scientific fields say it could be more common, but DNA testing is not conducted in most cases. DNA expert Dr. Karl-Hanz Wurzinger that said one in every 13,000 reported paternity cases involving twins have different fathers. Here’s what happened: A mother of 2-year-old twins went to court in order to ensure child support from the father of her children. The Passaic County Board of Social Services, as a matter of routine, ordered a DNA test on the babies in order to establish paternity and child support. Everyone was surprised to learn that the named father is not the father of one twin. Many are asking: how could this happen? After the DNA results were returned, the mother testified that she had sexual intercourse with two men within a five day period. The process in which
http://boydfamilylaw.com/establishing-paternity-twin-girls-two-fathers/

Establishing Paternity in Texas

Many fathers wish to establish paternity for any number of reasons. It doesn’t always mean they suspect the child’s mother of cheating, but in Texas, men who are not legally married to the mother but wish to be recognized as the legal father must have paternity established. A DNA test is one way to accomplish that. Note: fathers can sign a legal document, Acknowledgment of Paternity in Texas that serves the same purpose. For some fathers, especially if the relationship is volatile, they may wish to seek DNA testing to further protect their relationship with their children. When a baby is born to married couples, the legalities of fatherhood are automatic. The husband is called the presumed father and has the same legal rights as the mother. There are a number of reasons unmarried Texas fathers would seek DNA testing. It allows their name to go on the birth certificate, it provides a legal bond that protects the relationship, and it also ensures their rights are protected regarding
http://boydfamilylaw.com/establishing-paternity-in-texas/

How Do I Adopt a Step-Child?

With nearly half of all marriages ending in divorce in this country, and with the odds of remarriage even higher, many of our kids across the country find themselves with new step-parents and step-siblings. Ideally, blended families adjust and become a solid, functioning and healthy unit. This can include one parent adopting his or her step-child. It’s an important decision and one parents take seriously. After all, by adopting a step-child, you’re showing you have faith in a second or third marriage that has even higher odds of breaking apart than first marriages. Like all things in life, it’s a leap of faith. Adopting a Step-Child Did you know adopting a step-child is the most common adoption process in the U.S? According to the U.S. Census Bureau, close to 7 percent of children are adopted by a step parent, which is essentially twice as many children adopted by both parents. According to statistics, in Texas, more than 5 percent of children are in households with a stepparent
http://boydfamilylaw.com/how-do-i-adopt-a-step-child/

Is There Real Progress in the Fathers’ Rights Movement?

From a legal perspective, I tend to get a bit tunnel-visioned – and that’s good. It means I’m doing my job as a family law attorney. But it also means I have to pay attention to what’s going unfolding outside the legal ring. That means taking a step back and changing my perspective a bit, especially if I’m going to be objective in my efforts. This past weekend was a perfect opportunity for me to do that. What I found was both troubling and hopeful, depending on the source. Sometimes, a look to the past can provide real perspective on what’s unfolding in our society. Unfortunately, it’s not always a positive realization. In 2001, a freelance writer, Rob Okun, wrote a piece for WENews, a popular site for women. In his column, he wrote, “Mothers of all persuasions deserve a lot of credit for opening up the parenting circle wide enough to let fathers in. After all, raising children has long been seen as a woman s domain, not to be encroached upon by the masculine hand that
http://boydfamilylaw.com/is-there-real-progress-in-the-fathers-rights-movement/

Divorcing Parents: The Little Ones are Listening

Parents going through a divorce have one thing in common: They don’t want their arguments and harsh words overheard by their children. Every parent will say, “We’re doing our best to shield our children from the arguments.” Unfortunately, those best intentions are often forgotten the minute an uncomfortable topic is brought up. It doesn’t make us bad parents, but it does have an effect on the little ones. Life is not easy. It can be a series of “Why me?” events that seem to multiply as the years go by. The good news is there are always ribbons of amazing “I am so blessed” moments that are woven through those harder times. We can’t shield our children from the fact that the divorce will affect them, but we’re still obligated to help them find a new balance. That means making an even stronger commitment with the one person who you’re sure has ruined your life. Even if you can’t find that middle road on things like the house, spousal support, and who gets the Am
http://boydfamilylaw.com/divorcing-parents-the-little-ones-are-listening/

By the Numbers in Texas: Abuse and Parenting Stresses

The latest numbers regarding abuse and neglected children in Texas were just released. Of course, any number is disappointing, but this year’s increase is especially so and they show it goes far deeper than parenting stresses. More children were abused and neglected in Tarrant County in 2014 than in any other Texas county. The confirmed number is an astonishing 6,097 children. Worse, eleven children in Tarrant County alone died due to abuse or neglect in 2014. The Disturbing Truth The report continues; in four out of five cases, it was the parent who was the abuser. If you’re wondering how that can be, you’re not alone. In our practice, we see parents on a daily basis who simply want to protect their children. There are times when the cases include two loving parents, but who struggle to find a good parenting solution. Those are the cases that remind us that sometimes, two people who are no longer in love can still share a deep love for children. These are the win-win cases in o
http://boydfamilylaw.com/by-the-numbers-in-texas-abuse-and-parenting-stresses/

Here’s What the Daughter of Two Moms Says About Fatherhood

Over the weekend, I came across an essay titled, “Dear Gay Community: Your Kids Are Hurting.” Not really sure what the subject was, I clicked on it and discovered an interesting take on parenthood. A young woman, Heather Barwick, who was raised by two mothers, took a bold step when she spoke openly about missing out on the advantages of having a father, and not only that, but she opposes marriage equality. Barwick begins with, “Gay community, I am your daughter. My mom raised me with her same-sex partner back in the ’80s and ’90s.” She then goes on to explain she too is coming out of the closet in a way by stating: “I don’t support gay marriage.” It’s not what you’re probably thinking, however. She ensures her message isn’t misinterpreted, “It’s not because you’re gay. I love you, so much. It’s because of the nature of the same-sex relationship itself.” What makes this even more interesting, especially to fathers’ rights advocates such as myself, is
http://boydfamilylaw.com/heres-what-the-daughter-of-two-moms-says-about-fatherhood/

Do Mothers Have More Parental Rights Than Fathers in Texas?

For most parents, maintaining a relationship with their child is one of the most important goals when they decide to divorce or end a romantic relationship. If you separate from your child’s other parent, a custody arrangement must be created to divide up parenting time. Many people believe mothers have more parental rights than fathers do, which can cause dads to give up on fighting for custody. Today, however, the courts and the laws do not inherently give preference to mothers. Instead, a number of different factors are considered to decide what is right for the child and the family. An experienced divorce and family law professional can represent you when you are seeking custody of your children so you will have the best chance of getting a custody arrangement that works for you. When a couple separates, they should strongly consider trying to come to an agreement on parenting time and custody without involving the courts. A family lawyer can help negotiate a custody arrangement
http://boydfamilylaw.com/do-mothers-have-more-parental-rights-than-fathers-in-texas/

New Testimonial from Satisfied Client

April 8, 2015 Hi Jon, I wanted to thank you for handling my case with such detail and professionalism. I was thoroughly impressed with your knowledge in family and how well versed you are with all the details pertaining to family law. With no hesitation you not only advised opposing counsel of the law but also the judge.  Additionally, the way you defended my case during the court session was impactful, you were well prepared, and very familiar with all aspects of my case. I want to thank you for being honest up front and never misleading in anyway. Finally, I also need to mention that all the legal documents filed and entered in with the court are very detailed and to the point without question. In closing, I wanted to say that your legal services and skills are worth the money I paid; I have never been able to say that. I can’t say that any attorney I hired in the past has earned their money, but you have. With much confidence, I will gladly recommend you to family or friends who
http://boydfamilylaw.com/new-testimonial-from-satisfied-client/

Legal Challenges for Fathers in Texas

It’s true that fathers are now being viewed more fairly when it comes to custody and visitation rights. That doesn’t mean, however, that the battle’s won. Many fathers are still unsure of how far their rights extend – and that in itself is problematic. No father should have to worry about crossing some legal line in an effort to be involved with his children.
http://boydfamilylaw.com/legal-challenges-for-fathers-in-texas/

Wiz Khalifa: One Celebrity Who’s Fighting for His Paternal Rights

Recently, one well-known rapper found himself being blocked from attending his son’s birthday party. Rapper Wiz Khalifa planned on and was supposed to celebrate his son Sebastian Taylor Thomaz’s second birthday on Saturday, February 21. He was unable to do so, though, and says it’s his ex wife who kept him away from the party. What he did next might not be the best thing from the perspective of his attorney, but it does highlight just how many fathers share the same story and how paternal rights can sometimes be pushed to the side. standing up for all fathers who need, deserve, or can t find help. — Cameron (@wizkhalifa) February 22, 2015 Upset, he took to Twitter to show just how unfairly he believes he was treated. Reading the tweets, it’s difficult to not feel the frustration and pain. Most fathers would feel the same way, were they kept away from their children, especially at such an important event. He wrote, “I’ve never voiced my true unhappiness out of fear of the
http://boydfamilylaw.com/one-celebrity-whos-fighting-for-his-paternal-rights/

A New Testimonial, this time from a Repeat Client

This comment was just received today from a current client, who also is a former client from a few years prior: Dear Jon, “A most genuine ‘Thank You’ from me and my family. (I am) very fortunate that I found you in 2006 to represent me in battling The Devil in Divorce-Custody #1. It’s no secret that I hold you in high regard and probably place unfair expectations on your back to carry into battle with me. Just know that there is no one I trust more than you when it comes to guiding/representing/fighting for me and my family. You earned my respect and trust nine years ago now. I already know the quality of man I walk into the courtroom with. And that provides me a level of confidence which cannot be replaced. I’m loyal to a fault, my friend. “The quality of your work and your office staff’s support and responsiveness have all been top notch in dealing with me and my family’s legal issues. Your paralegal, Chelsea, has had to deal with me during some extremely difficult c
http://boydfamilylaw.com/a-new-testimonial-this-time-from-a-repeat-client/

National Save Our Daughters Night

There’s an exciting new program that kicks off March 2, 2015. The National Save Our Daughters Night is a national effort that brings together many experts from several fields, including educational, local and national nonprofits and faith based organizations. The goal is simple: to encourage fathers to find ways to make the most of their time with their daughters. It’s about ensuring our girls are healthy and happy and confident and strong. With more fathers gaining custody of their children, the relationship dynamics between fathers and daughters is more important than ever. It’s true that many of us approach our little girls, a bit unsure of how to address those awkward conversations, whether they’re trying to explain to us why plaids and stripes are a fashion no-no (a conversation I recently had with my own daughter) to the more serious topics such as dating violence. Our girls look to us for guidance, strength and frankly, they look to us for the answers. According to Kenn
http://boydfamilylaw.com/national-save-our-daughters-night/

Single Fathers Have New Voice

Usually, when we think of celebrities, it’s not necessarily a positive thought. In fact, it’s typically little more than the latest dramatic nonsense plastered across the internet and TV with the goal of shocking an incredulous society. Still, from time to time, we’re reminded that there are some under the brightest spotlight who juggle many of the same things we “non celebrities” face. Single fathers now have a voice, courtesy of Taye Diggs, and Single Urban Dads – or #SUDS for Twitter followers. Diggs has been on a PR cycle in recent weeks, partly to plug his TNT show, Murder in the First, which is slated for a second season, but also to build a following for the new reality show he’s creating. Its goal is to drive home the importance of fathers being front and center in the lives of their children. He will showcase men taking a proactive role by seeking better custody agreements, more leeway on being involved on a daily basis (which, as many know, isn’t always an ea
http://boydfamilylaw.com/single-fathers-have-new-voice/

Snow Day? We’re OPEN and Here for You

As the DFW suffers through another Snowmageddon and schools are closed and many businesses closed, you might find you have a little extra time today to get that divorce or modification started that you ve been thinking about. We are HERE and ready for your call today. Give us a call. Otherwise, we wish you a happy snow day. Go have fun with your kids and build a Snowman! The post Snow Day? We re OPEN and Here for You appeared first on Law Office of Jon R. Boyd, P.C..
http://boydfamilylaw.com/snow-day-were-open-and-here-for-you/

NEW TESTIMONIAL FROM GRATEFUL FEMALE CLIENT

BoydFamilyLaw is proud to have just received and provide the following letter and review from a grateful Mom client: Dear Mr. Boyd and Staff: I wanted to take the time to really express my gratitude. Your office was such a pleasure to work with, even with my being out-of-state. They were always available, always professional, always diligent. It was a breath of fresh air to be able to work with those who understood my situation thoroughly. I never once felt like the next in line client or just paperwork. I wish I could have met them and thank them in person. I know that fighting for me is not the norm of your practice, because you fight for fathers rights. However, I would have never guessed that in the way you treated me and my case. Mr. Boyd, you were the missing puzzle piece in securing my family .My husband and I are forever thankful for all your hard work. Thank you for fighting for my son. I hope you realize that all you do is so important in the well-being for families and
http://boydfamilylaw.com/new-testimonial-from-grateful-female-client/

Dad Adopted Me

Usually, when we think of adoption, we think of two parents who’ve thought long and hard about the adoption process. More than ever before, we’re seeing fathers adopting their wives’ children from a former relationship. The results can be nothing short of beautiful. Here’s a perfect example of a father’s love. My mom met my dad when I was a year old. She’d married young – fifteen, I think, which wasn’t uncommon in the sixties – and as one might expect, the divorce followed shortly after I was born. Mom married at 15, had me two years later and by the time she was 18, she was a divorced mom. My dad had just returned from Vietnam and had admired my mom since they were kids. He’d bought a new Camaro and couldn’t wait to show it to Mom when he learned she was no longer married. I’m sure I was a surprise, but it didn’t stop him. Mom said every date they went on, I was right there with them. Dad never seemed to mind and after going to the drive in movie on a Friday
http://boydfamilylaw.com/dad-adopted-me/

Should Men Have a Say in Abortion?

This topic is controversial, emotional, and has women’s rights groups pitted against a number of organizations, faith-based groups, lawmakers, and potential fathers. It comes down to one question: should a man have a say in whether a woman carrying his child can terminate the pregnancy without his input or permission? Never, in the history of Roe v. Wade, have fathers been considered in terms of the decision-making process. In fact, his wishes were rarely, if ever, even considered. Women’s rights groups insist a woman has the right to decide what happens to her body. In recent years, we’ve seen fathers step up and voice their stance on an unplanned pregnancy. Now, some states (Arizona and Ohio come to mind) have attempted or have managed to introduce legislation that would require a woman seeking an abortion to report the pregnancy to the father with the goal of ensuring he has no objection to the procedure. Missouri has already passed into law a 72-hour waiting period, and depe
http://boydfamilylaw.com/should-men-have-a-say-in-abortion/

Favorite Father Set to Return?

Have you ever thought about how beautiful the world would be if there were an Atticus Finch course for parents? Most of us know the spending story, told by southern writer Harper Lee, of Atticus, Scout and Jem and their life in a southern town during the 1930s. While the plot tackles tough societal issues in the deep south during one of this nation’s darkest times, the sublime characters were molded by Lee in perfect harmony. It was the only novel she ever released, and like every good writer, she had a few more gems tucked away. She never published them, though, and in fact, she made it clear that she was done with the publishing world, despite winning the Pulitzer Prize. Until now, of course. A Father’s Love If you’re familiar with the story, you know that Atticus was an ethical and honorable man raising his two children, Jem and Atticus, without the benefit of a wife. While it was never explored too deeply, it’s understood that Mrs. Finch had died some time in the past. Ind
http://planodivorceattorney.pro/favorite-father-set-return/