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..
http://boydfamilylaw.com/july-3rd-holiday/