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
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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
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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
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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
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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
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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
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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
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