In Texas, custody-related issues are generally addressed through two concepts: "Conservatorship," which defines the rights and duties of the parents, and "Possession and Access," which refers to the physical schedule and visitation.
Physical evidence can help build a solid case. You may want to start a parenting journal and document access, school events and medical visits. Also consider gathering the following:
These documents can build a clear, honest picture of your role as a parent.
It helps to write down the main points you want the judge to hear. You can also practice answering tough questions out loud. It might be beneficial to keep your answers short, honest and focused on your child.
Texas courts often consider whether a parent will support the child’s relationship with the other parent when it is safe and in the child’s best interest. If there are safety concerns, such as family violence or abuse, you may want to raise those concerns and be prepared to support them with evidence.
Try to maintain a professional demeanor during the hearing. Consider wearing presentable and conservative clothes. It might help to be formal when addressing the judge and to always use "Your Honor." It’s beneficial to remain calm, even if the situation is upsetting.
Preparation and knowledge can help ease the stress of a custody hearing. With your documents in order and a clear sense of the process, you may be in a stronger position to focus on what matters most: your child.
]]>Texas moves quickly against people charged with DWI, but you can fight to keep your driving privileges.
Professional drivers often face DWI charges after traffic stops for minor violations like broken taillights or drifting between lanes. Law enforcement might notice bloodshot eyes or smell alcohol, leading to field sobriety tests.
Even prescription medications or a single drink can trigger charges if an officer believes your driving ability suffered impairment. Penalties can hit professional drivers especially hard:
These problems start right after arrest, not after you're found guilty. Acting quickly is your only defense.
Texas law gives you only 15 days after arrest to request an Administrative License Revocation (ALR) hearing to fight your license suspension. The state strictly enforces this deadline. Miss it, and your license suspension becomes automatic regardless of your case's merit.
The ALR hearing offers your first opportunity to challenge evidence and potentially save your driving privileges. Beyond preserving your license, the ALR hearing also helps your criminal case.
You gain early access to police reports, officer testimony and testing evidence. With the help of a lawyer, you might spot mistakes in procedures or violations of your rights. This information often reveals defense strategies for fighting the DWI charges later.
Protecting your license protects your whole life, not just your driving. Without it, you could lose your job, health insurance, home or even custody of your children if you depend on stable employment.
A DWI lawyer understands these risks and helps you meet the strict deadline while building your defense. Acting quickly after arrest is the first step to protecting everything that matters in your life.
]]>Put your safety first. Call 911 immediately if anyone suffers an injury or if property damage exceeds $1,000.
Texas Transportation Code § 550.021 requires drivers to stop, render aid and remain at the scene after a crash that involves injury. When the other driver flees, you need a police report to document the collision and trigger an investigation. Officers can search for the vehicle while physical evidence remains available.
Do not chase the fleeing driver. You increase your risk of further harm if you pursue them.
Visit a doctor as soon as possible, even if you feel stable. Adrenaline can hide symptoms of concussions, internal bleeding and soft tissue injuries.
Prompt treatment protects your health and creates a clear medical record. Insurance adjusters often examine how quickly you sought care when they evaluate your claim.
Gather as much information as you can before you leave the area. Focus on specific, detailed observations:
Take clear photos of your injuries, vehicle damage and the surrounding area. Video footage from security systems may get overwritten within days. Quick documentation can strengthen both a police investigation and an uninsured motorist claim.
Report the crash to your insurer within 24 to 72 hours. Late reporting can jeopardize coverage. If police cannot identify the driver, you may file a claim under uninsured motorist coverage. UM coverage in Texas may help pay for:
Insurers usually require a timely police report before they approve UM benefits.
Hit-and-run claims often involve disputed facts and coverage questions. An attorney can review your policy, assess available benefits and protect your rights during negotiations with the insurer.
]]>Unlike most other states, Texas does not require private employers to have this coverage. This creates two distinct paths for your recovery. If your employer has insurance, you generally access a system that pays for medical bills and a portion of your wages regardless of who caused the accident.
If your employer is a nonsubscriber, they do not have this state-regulated insurance. In that situation, you may have the right to file a lawsuit directly against the company if their negligence caused your harm.
The Texas Department of Insurance (TDI) oversees the workers' compensation system. When an employer opts into this system, the law provides them with legal protections under the exclusive remedy rule.
This means employees are generally barred from suing for ordinary negligence. However, workers may still retain the right to sue for intentional harm or gross negligence that results in death.
If you work for a nonsubscriber, the legal landscape changes. These employers lose several key legal defenses.
For instance, a nonsubscriber cannot avoid liability by blaming the employee for the accident. This often makes it easier for an injured worker to win a negligence lawsuit for full damages, such as pain and suffering, which the state system does not provide.
To protect your interests, you must act quickly to document the facts of the incident. Consider the following actions to help clarify the details of your case:
For those in the state workers' compensation system, you must report the injury to your employer within 30 days. You must also file a DWC Form-041 with the state within one year of the accident. While nonsubscriber lawsuits generally have a two-year statute of limitations, reporting the event immediately remains vital for the credibility of your claim.
Receiving benefits is rarely a simple process. Insurance companies may deny claims by citing preexisting conditions, so you must keep your account of the accident consistent.
Because Texas laws vary based on your employer's insurance status, navigating the system alone is difficult. Exploring your legal options early helps you understand the value of your claim and ensures you meet all state deadlines to secure the support you need for recovery.
]]>The opposite can also occur. One spouse may choose to file for individual bankruptcy while there is a divorce in progress. Any secondary legal issues that arise during divorce are likely to complicate the dissolution of marriage already underway.
What do spouses need to know about how bankruptcy might affect a divorce?
If one spouse files for bankruptcy while a divorce is underway, the bankruptcy can directly impact the divorce. The courts provide an automatic stay, which may freeze assets and prevent the division of property. On the other hand, the automatic stay granted to one spouse can be beneficial for both, as it can prevent creditors from making claims against joint assets.
Unfortunately, those assets are still at risk of liquidation in a Chapter 7 filing if the trustee determines that there are non-exempt resources. Spouses can expect a much longer divorce and possibly canceled hearings until after the resolution of the bankruptcy case.
If the couple is already partway through the process of bankruptcy, it may be difficult to complete a divorce until after the courts finalize or dismiss the bankruptcy case. The actual division of assets usually cannot occur until the bankruptcy is complete. However, spouses can theoretically eliminate many of the debts that they may have otherwise needed to divide as part of the divorce process.
Just as bankruptcy can complicate divorce, a divorce can also impact a bankruptcy case. Generally speaking, spouses who started bankruptcy jointly and begin divorce proceedings may need to obtain separate legal representation for the remainder of the bankruptcy process due to potential conflicts of interest.
Another important consideration is the impact of a discharge on financial obligations. People generally cannot discharge child support or alimony obligations. Finally, in cases where one spouse files and the other does not, creditors could hold the non-filing spouse accountable for the debts discharged by the filing spouse.
People facing unusually complex divorces need to ensure they protect themselves so that they can rebuild financially after their divorce. Working with a family law attorney who understands how bankruptcy can complicate divorce proceedings can be invaluable in this regard.
]]>In Texas, a felony conviction disqualifies you from working in law enforcement or as a jailer. For other licensed professions, a conviction can prevent you from working in the following fields:
The U.S. Chamber of Commerce reports that unemployment among individuals with criminal records hovers around 30%. By comparison, overall unemployment peaked at 14.8% during the height of the COVID-19 pandemic and fell to 4.2% by August 2024.
Many landlords conduct background checks and may deny rental applications due to criminal history. Public housing programs often maintain strict policies regarding felonies. You might not qualify for subsidized housing options, which can make finding affordable housing very challenging.
Another important restriction you can face is the loss of voting rights. In Texas, you cannot vote until you have completed your full sentence, including any parole or probation.
In Texas alone, over 479,000 people cannot vote due to felony convictions, according to a report released by The Sentencing Project in 2024. This makes Texas the second largest state for people who have lost their voting rights.
A felony conviction also severely impacts your Second Amendment rights and ability to serve the public. Under federal law, you can face a lifetime ban on firearm ownership.
Although Texas state law permits you to possess a firearm in your home five years after your sentence ends, this can still result in federal charges. You also lose the right to hold public office, a privilege that can generally only be restored through a full pardon or formal release from legal disabilities.
When you are facing a felony charge, defense counsel works to challenge evidence, negotiate with prosecutors and advocate for reduced charges or alternative sentencing when possible.
You may qualify for expunction if a court dismissed your charges, a jury acquitted you, or the governor granted you a pardon. If you completed deferred adjudication for certain offenses, you may be eligible for a non-disclosure order, which seals your record from most public access.
However, current Texas law does not allow courts to expunge or seal felony convictions. This reality is why the outcome of your case matters so much for your long-term future.
]]>While in other states posting bail leads to an immediate release, in Texas the law works differently. According to the Code of Criminal Procedure, law enforcement can hold you for up to four hours if they think violence might continue, and a magistrate can extend this to 48 hours if they were arrested before or if a deadly weapon was used or shown during the altercation.
If you appear before a judge, they may issue a Magistrate’s Order for Emergency Protection (EPO). This order is usually required if the arrest involved a deadly weapon or caused serious injury. Even if the alleged victim says they do not want the order, the judge can still issue it, and they often do. Breaking an EPO in ways like sending a text message, can lead to new criminal charges and losing your bond.
The state law can be aggressive to individuals accused of family violence. A conviction or a plea of “no contest” can result in a ban of possessing firearms under both state and federal law. In addition to that, these charges can be used against a parent in proceedings like a divorce and child custody.
If you have been arrested, remember that you have the right to an attorney. Call a lawyer immediately so they can start building your defense.
Here are six steps you can take if you ever find yourself in a similar situation:
After a DWI arrest, it is vital for you to keep your composure and avoid arguing with the local law enforcers, as this can lead to additional charges or fines. By showing them that you are willing to cooperate, you can minimize any tension in the air.
You must not answer any questions that may lead to your self-incrimination. Remember, the police can use the things you say after an arrest as evidence against you. If they ask you about the incident, politely decline and let them know that you need a lawyer.
To help ensure that you can build a strong defense for your DWI case, you must document every important detail of your arrest, including the time when you were arrested and the names of the law enforcers.
Once the officer-in-charge processes your arrest, you will need to appear before a judge for bail. While the bail amount will vary depending on the severity of your offense, posting bail can help you get released from jail while you await your DWI trial.
If you cannot afford the bail amount on your own, you can hire a bondsman to post the bond for you.
After you post bail, you need to request an administrative license revocation hearing within 15 days of your arrest or notice of suspension. By taking this step proactively, you may be allowed to keep your driver’s license.
It is important to note that this hearing is only for your license and is separate from your criminal case.
By hiring a DWI defense lawyer, you can get prompt assistance in obtaining police reports, deposing key witnesses and being represented in court. With their legal experience, they can help protect your rights and guide you into making informed decisions about your drunk driving case.
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In this blog, we will discuss how a criminal charge can affect divorce proceedings and how it may influence the family courts’ rulings.
Even if your spouse has a pending criminal case, you still have the right to move forward with your divorce. Although it may add a layer of complexity to the process, Texas family courts will still continue with your divorce case.
However, it is important to note that there will be some delays on your case’s timeline, especially if your spouse’s investigation conflicts with your divorce hearing schedules or if the criminal case relates to family violence.
The court will prioritize your children’s best interests when deciding child custody and visitation orders. Therefore, a previous or ongoing criminal charge plays a vital role in the court's rulings, especially if one parent has a history of assault, abuse or repeated drug offenses.
Depending on the facts of the case, the court may:
If you are afraid of your spouse or worried of your children’s physical and mental well-being, it is crucial to seek emergency help or request court-ordered protections such as a kick-out order or a protective order as soon as possible.
Even if your spouse is still undergoing their criminal trials, their personal actions are not a reflection of you and your children’s lives. With courage, your family’s support, and legal guidance, you can push through your divorce proceedings with ease and seek the life that you deserve.
]]>To help protect the children’s needs and best interests, the parenting plan must provide a clear structure of their daily routines and each parent’s time with their children. By fostering stability, the children can adjust and become familiar with their new life with minimal confusion and stress.
The parenting plan should include:
The courts look for parenting plans that can best show a healthy bond between both parents and their children. To help ensure this, the plan must be as detailed as possible, with a space that also allows for some flexibility. The plan should also describe how the parents will manage disagreements without court.
When there is a major change in either the parent or the child’s life, the parents can submit a parenting plan modification to the court. Some common reasons for modifications include:
Whether you are creating a new plan or modifying an existing one, being honest, thorough and collaborative can help you minimize conflict and build a solid foundation for your children.
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