Category Archives: Harris County Family Law Attorney

Paternity Suits and Child Support

A paternity suit is a lawsuit that establishes the parent-child relationship by identifying the biological father of a child. If the paternity is not established, then the court cannot order the alleged father of a child to pay for the child support. Hence, it’s imperative to establish paternity (if questioned) before a court order for child support, conservatorship, possession & access, and retroactive child support is rendered. There are five different ways in which the court can establish father-child relationship: presumption, acknowledgment, adjudication, adoption, and consent to assisted reproduction by wife. The first three methods are briefly discussed below.

Establishing Paternity Through Presumption

The court presumes a man to be the father of a child if: he is married to the mother of the child and the child is born during the marriage; the child was born within the time period of 301 days from the date of termination of marriage between the man and the mother of the child due to death, annulment, declaration of invalidity, or divorce; he married the mother of the child after the child was born and voluntarily claimed his paternity of the child that is shown in a record with: the Vital Statistics Unit, the child’s birth certificate, or in a record where he promised to support the child as his own; or in the first two years of the child’s life, he continuously stayed in the same house as the child and also represented to others that the child was his own (Texas Family Code § 160.204 (a)).

This presumption is only rebutted if: the presumed father files a legally valid denial of paternity and both of the child’s biological parents file a valid acknowledgment of paternity; or a court order that categorically declares him not the legal father of the child (Texas Family Code § 160.204 (b)).

Establishing Paternity Through Acknowledgment

Acknowledgment of paternity is established if: it’s in a record with the Vital Statistics Unit; signed or authenticated under penalty of perjury by the mother of the child and the man filing to establish paternity; mentions whether there is an another man who is an acknowledged, adjudicated, or presumed father; mentions whether genetic testing was conducted and does the results confirm the assertion of the man to be the biological father of the child; and state that signatories are aware of the fact that this filing of acknowledgment of paternity will have the same effect as the adjudication of paternity (Texas Family Code § 160.302 (a)).

The acknowledgment of paternity is treated as void if: it mentions that there is a presumed father of the child and he does not file a legally valid denial of paternity with the Vital Statistics Unit; it mentions that there is another man who is an acknowledged or adjudicated father of the child; or it falsely denies that there is man who is the acknowledged, adjudicated, or presumed father of the child (Texas Family Code § 160.302 (b)).

Establishing Paternity Through Adjudication

Other than the two ways mentioned above, paternity can also be established by a court. People authorized to file a proceeding to adjudicate parentage include: the child, the mother of the child, a man whose paternity is to be adjudicated, support enforcement or any other government agency; a licensed child-placing agency or an authorized adoption agency; a representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, is incapacitated, or is a minor; a person related within the second degree by consanguinity to the mother of the child, in the event the mother is deceased; or by a person who is an intended parent to the child (Texas Family Code § 160.602 (a)).

It must be noted that once the child who doesn’t have an acknowledged, adjudicated, or presumed father becomes an adult, then only he/she has the legal right to file a proceeding to adjudicate parentage (Texas Family Code § 160.602 (b)).

ABOUT THE AUTHOR

Michael Busby Jr. is a divorce & family law attorney,  who practices in Harris and Fort Bend Counties, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris and Fort Bend County Texas family law courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks. Michael Busby Jr. 2909 Hillcroft Suite 350 Houston, Texas 77057 (713) 974-1151 Visit me on the web at www.busby-lee.com

5 Signs your marriage is on the rocks

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All married couples ended up saying that : Being married is not an easy task. A large number of couples are unwilling to recognize their conjugal issues until its past the point of no return. Adoring somebody and having them be your closest companion is brilliant, but the daily slog and the tit for tat fights and the little squabbles add up.

Only in light of the fact that you aren’t engaging in extramarital relations and you live respectively, doesn’t essentially imply that all is well with your marriage. Shockingly, it can be a hard to make sense of when a marriage ought to really end with a separation. Emotions can cloud judgment and make it difficult to judge whether or not it may be time to call it quits. Sometimes the person you cherish most on the planet turns into the individual whose eyes you long for scratching out in an attack of fury. Those are the terrible minutes.

Obviously, there are likewise flawless minutes. Minutes when you can’t envision being with any other person and the sun rises and sets with your companion

 

Here are 5 signs that may demonstrate that your marriage could be on the rocks:-

  1. Reaching out to Other People

After life partners quit being personal with one another, they regularly start to contact other individuals at a passionate or even a physical level. It’s exceptionally characteristic for couples experiencing an extreme time to feel a more prominent association with an individual other than their accomplice. This is a typical forerunner to additional conjugal issues.

  1. You have poor communication skills.

You and your accomplice are not anticipated that would impart seriously at all times. Now and then there’s simply nothing to say in regards to how hot it is today. Tragically, on the off chance that you never discuss anything any longer, it might be a sign that the well has run dry and you are essentially not inspired by conversing with him any longer. Clearing your musings and emotions under the carpet won’t improve things. Be solid and impart what’s at the forefront of your thoughts so that you and your accomplice can address the issues in advance.

 

  1. You go to bed at different times

I am so blameworthy of this. You know how it is? You are drained and need to rest. Your companion isn’t and doesn’t. Is that truly so awful?

Answer: Yes. Yes it is.

“When you begin going to bed at independent times, three things happen,” says psychotherapist Christina Steinorth-Powell, creator of Cue Cards forever. “The most critical of the three is this: You quit having those personal minutes of discussion with each other before you float off to rest. Alternate things that happen when you begin to go to bed at divided times is that you are less disposed to snuggle, which more often than not prompts the third thing – less sex.” All awful.

 

  1. You no longer know each other’s passwords on social media

I really never have known all my spouse’s passwords. Not certain what that says! Anyhow, the point here is this: Is there an adjustment in conduct? Is it true that you are abruptly bolted out of his life?

“When you begin having mystery passwords on social networking, its typically a really decent evidence that you don’t need your life partner to see something,” says Steinorth-Powell. “In case you’re doing something you’re not happy with your mate figuring out, then you shouldn’t be doing it. Ever.”

So the main thing is this current: It’s not as straightforward as “we have to get separated.” It never is. Anyway, there is something to be increased just by looking in on your marriage, taking its temperature, maybe. Getting things early can spare your gang. What would you be able to do? Look for guiding. Do things together once more. Go on dates.

“If you are gradually getting to be less drawn in with each other, it implies both of you will be more disposed to look for a solid association outside your marriage,” says Steinorth-Powell. “Indeed, even the most commonplace exercises that couples do together have a holding quality.”

 

  1. You are out alone and only talk about the kids

Kids are great, and the adoration you impart for your children can make a marriage prosper. Yet, when the center of your relationship gets to be an option that is other than your relationship, its an issue. All the specialists concede to this.

“In the event that you have concentrated such a great amount on being a family and bringing up your children and let your couple relationship go, you may observe that you’ve lost your couple association totally,” says “Dr. Sentiment” Tina B. Tessina, Ph.D., a psychotherapist and the creator of Money, Sex, and Kids: Stop Fighting About the Three Things That Can Ruin Your Marriage. “This is the reason such a large number of couples separate when the children are developed (or even some time recently). Your man-and-wife relationship is imperative – its the establishment your family is based on.”

ABOUT THE AUTHOR

Michael Busby Jr. is a divorce & family law attorney,  who practices in Harris and Fort Bend Counties, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris and Fort Bend County Texas family law courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks. Michael Busby Jr. 2909 Hillcroft Suite 350 Houston, Texas 77057 (713) 974-1151 Visit me on the web at www.busby-lee.com

Protective Orders In Texas Against Family Violence

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Texas Family Code provides protection against family violence committed by a family member as well as by an outsider who has/had a relationship with the petitioner. Protective order, also known as restraining order in some states, is a court order issued to protect the victims (or likely victims) of family violence. There are two terms that are used in this regard namely family violence and dating violence that cover various forms of assaults. If you are a victim of family violence, then you should immediately sought legal counsel from a Family Law attorney or any other competent authorities such as the Department of Protective and Regulatory Services.

Any action or threat of action by a family member against another family member can be interpreted as an act of family violence if it causes or intends to cause physical harm, injury to body, physical and/or sexual assault, or reasonable fear of such actions in the future. Dating violence, on the other hand, constitutes any action or threat of action by a person against another person with whom s/he has or had a dating relationship that causes or intends to cause physical harm, injury to body, physical and/or sexual assault, or reasonable fear of such actions in the future. The judge will take into account certain parameters to decide whether the relationship is/was a dating relationship or not.

There are three different types of protective orders issued in the State of Texas: temporary ex parte, permanent, and emergency protective order.  Temporary ex parte is a court order reserved for those situations that require immediate protection of the abused and/or his/her family from the abuser. Ex parte here refers to the fact that there is no need to send a notice to the abuser (respondent) to attend the hearing as it could jeopardize the security of the abused. It generally lasts up to 20 days but it can be extended to additional 20-day periods if the judge decides so. A permanent protective order is usually for less than 2 years but could be extended in certain circumstances. Emergency protective order is not issued by a Family Court but by a criminal court after the abuser is arrested  for family violence, sexual assault, or stalking. It is generally for more than 30 days but less than 60 days; however, the use of a deadly weapon in assault could increase this duration.

A protective order for family violence could be filed by anyone in the household and if the abused is a child, then any adult could file for the protective order. Apart from this, the Attorney General, the District Attorney, Family Law attorneys or the Department of Protective and Regulatory Services also have the power to file for a protective order on the behalf of the abused. It must be proved in the court that an act of family violence has occurred or is likely to occur. In most cases, the testimony of the abused is enough for the issuance of the order even if a police report hasn’t been filed. It must be noted that there is no fee charged (from the abused) to apply for the protective order but if found guilty of family violence, the abuser may have to pay certain court fees.

If it’s proven that the family violence has occurred or is likely to occur, then the abuser is restrained from committing further violence, to have direct/indirect communication with the abused, approaching abused near his/her home or workplace, going near the home/day care/school of the court-order protected child, to have possession of a firearm and/or following, annoying, abusing, embarrassing, or harassing the abused. In some cases exclusive possession of the house could also be given to the petitioner.

Violation of the permanent protective order     may lead to a fine up to $4,000 and/or jail time up to 1 year. If the violation constitutes family violence, then the abuser could be prosecuted for felony/misdemeanor which has minimum jail time of 2 years. For the violation of temporary ex parte protective order, the fine is up to $500 and/or jail time of up to 6 months. It is important to note that the valid protective orders from the other states are also enforceable in Texas.

About the Author

Michael Busby Jr. is a divorce & family law attorney,  who practices in Harris and Fort Bend Counties, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris and Fort Bend County Texas family law courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks. Michael Busby Jr. 2909 Hillcroft Suite 350 Houston, Texas 77057 (713) 974-1151 Visit me on the web at www.busby-lee.com

Cruel Treatment Grounds for Divorce Texas

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A trial court may grant a divorce on the ground of cruel treatment under the Texas Family Code Section  6.002 . To be considered “cruel treatment,” the conduct of the accused party must rise to such a level as to render the couple’s living together insupportable.  Ayala v. Ayala, 387 S.W.3d 721, 733 (Tex.App.-Houston [1st Dist .] 2011, no pet.); Newberry v. Newberry, 351 S.W.3d 552, 557 (Tex.App.-El Paso 2011, no pet.).  You may think that in your case you have been abused.  I had a client one time whose husband frequently pulled his pants down and farted close to the wife.  The family’s children picked up this nasty habit and would do this to each other and the parents. This one event was not enough for a finding of cruelty in that case.    “Insupportable,” for purposes of “cruel treatment,” means incapable of being borne, unendurable, insufferable, or intolerable. Ayala, 387 S.W.3d at 733; Henry v. Henry, 48 S.W.3d 468, 473–74 (Tex.App.-Houston [14th Dist.] 2001, no pet.). Mere trivial matters or disagreements do not justify the granting of divorce for cruel treatment. Ayala, 387 S.W.3d at 733. Acts occurring after separation can support a finding of cruel treatment. Ayala, 387 S.W.3d at 733; Newberry, 351 S.W.3d at 557.  A 2013 case which examined facts that supported a finding that the divorce should be granted on cruelty, found that the husband yelled and cursed at people on the phone,  exhibited road rage while wife was a passenger in the car, came into her house after separation and  would not leave her house and that, ultimately, she had to call the police to get husband to leave. When wife returned to the family  house  to get her property from husband, wife discovered that husband had burned her furniture and clothing.  Wife also said that husband sent her pictures of her deceased son and husband deceased mother. Wife  testified that husband conduct exacerbated her heart condition.  Kemp v. Kemp, No. 11-11-00292-CV, 2013 WL 5891583, at *3-4 (Tex. App. Oct. 31, 2013).   Thus, to to make a finding of cruelty, this would be fact intensive in your case.  Make a journal of what happened. Talk with your lawyer to develop a case theory.  Make sure your lawyer knows your judge. Then make your case. Fault can also be a jury issue.

ABOUT THE AUTHOR

Michael Busby Jr. is a divorce & family law attorney,  who practices in Harris and Fort Bend Counties, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris and Fort Bend County Texas family law courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks. Michael Busby Jr. 2909 Hillcroft Suite 350 Houston, Texas 77057 (713) 974-1151 Visit me on the web at www.busby-lee.com

What to do when CPS ask for a drug test in Harris County Texas

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Normally child protective services will ask for a drug test when another has called in and stated that you are using illegal drugs.  Sometimes it may happen after and arrest is made which may be a drug related offense. The drug test that is performed is typically a swab or urine test.  If you test positive, they will ask that you sign a safety plan that places your children with another friend or relative.  If you refuse, they will likely, but not always file a suit and state the basis to remove the child is negligent supervision.  The elements of negligent supervision are:

Placing the child in or failing to remove a child from a situation that a reasonable person would realize:

  1. requires judgment or actions beyond the child’s level of maturity, physical condition, or mental abilities; and
  2. that results in bodily injury or a substantial risk of immediate harm to the child;
  3. placing a child in or failing to remove the child from a situation in which the child would be exposed to a substantial risk of sexual conduct harmful to the child; or
  4. placing a child in or failing to remove the child from a situation in which the child would be exposed to sexual abuse committed against another child.

In reading these elements, you may ask yourself, what is the risk of immediate harm to my child under 1 & 2? The other elements involve sex with a child.  Drug users may be having sex with their children, but most cases, it is drug use alone, which is the cause of removal.  Many drug users are typically in a state constant denial as to a drug problem.  At the same time, you have to look at public opinion and the growing decriminalization of drugs.

Harris County Family Courts Drug Policy

The drug policy, in practice, is zero tolerance.  Thus, if you test positive, and refuse to sign the safety plan, you can bet on a lawsuit to remove for your children for a year.  Bottom line, use drugs, your children are going to be raised by someone other than you, in almost every region of Texas, but maybe Austin.  There are various cleaners and de-tox potions, shampoos ect, on the market.  The people who drug test you, will always tell you that none of these items work.  I have found that most do work for urine, swap, and hair, but never for a finger nail test.  I have never seen a finger nail test done by Child Protective Services in the Harris County region. I do not do illegal drugs personally, I have only my clients as a reference.  I do not have a referral to a specific vendor or website.  Do your own due diligence.   As a lawyer, I do not believe that the use of drugs alone should be enough to remove children from their parents, I am actively looking for a case, in which I can test the waters with the courts of appeals in the above elements.  What you will find is that most parents who care about their children will stop using drugs, long enough to pass the drug screen and the case would be dismissed before a court of appeals can render an opinion.  Those  who keep using drugs, typically are not working, do not have a means to provide for their children, and have other criminal offenses and convictions.  This results in drug use, being part of an overall pattern of not being a responsible adult, thus giving Child Protective Services standing to keep your children.  When they come calling, get a detox or cleaner, attempt to drug test yourself at a center other than National Screening Center on Fannin.  If you pass, then submit to the test, you can put them off for maybe 3 to 4 weeks, they will usually not let up until they get their drug test.  My experience is that it takes at least 1 week of detox to pass a drug screen and get the results back.

ABOUT THE AUTHOR

Michael Busby Jr. is a divorce & family law attorney,  who practices in Harris and Fort Bend Counties, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris and Fort Bend County Texas family law courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks. Michael Busby Jr. 2909 Hillcroft Suite 350 Houston, Texas 77057 (713) 974-1151 Visit me on the web at www.busby-lee.com



Houston divorce lawyer has marriage Counselors Referral

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Busby & Associates firm have divorced relatively 4,000 couples in the past 14 years. If you feel your marriage is on the rocks Our intentions are not to break families, but to help reunite them. A marriage can become challenging, there is no question. If you feel that counseling can help preserve your marriage and assist your family in reunification, please contact one of the following marriage counselors listed below:

 

Santhi Periasamy, Ph.D.

3303 Louisiana St., Suite 200

Houston, Tx 77006

Phone: ( 713)942-7795

Fax: (713)942-7795

Email: info@drsanthi.com

Languages: English & Tamil
Isela M. Saripella LPC-S

Karitas Counseling

9800 Northwest Freeway, Suite 206

Houston, Tx 77092

Phone: (713)971-8947

Email: info@karitascounseling.com

Languages: English & Spanish
Debbie Grammas, Ph.D.

6300 West loop South, Suite 390

Bellaire, Tx 77401

Phone: (713)304-6554

Email: info@debbiegrammas.com

Languages: English
Jayne Raquepaw, PhD

3400 Bissonnet, Suite 255

Houston, Tx 77005

Phone: (713)909-4841

Email: dr.raquepaw@sbcglobal.net

Languages: English
Daniel Garcia, PhD, MTS

1973 West Gray St. Suite 2

Houston, Tx 77019

Phone: (713)521-4568

Fax: 866-619-5862

Languages: English & Spanish
Rachel Eddins

1501 Crocker St.

Houston, Tx77019

Phone: (832)209-2222

Email: Rachel@eddinscounseling.com

Language: English
Barbara Tolle Cavanaugh, ACSW, LCSW

1401 Richmond, Suite 210

Houston, Tx 77006

Phone: (713)523-2772

Languages: English
Jenai Tidwell, LPC

7155 Old Katy Rd. Suite S215

Houston, Tx 77024

Phone: (832)831-8379

Email: jane@fowlerandtidwell.com

Language: English
Cynthia R. Carter, M.S., LPC, LMFT

14525 FM 529, Suite 200

Houston, Tx 77095

Phone: (281)746-3406

Fax: (281)274-9353

Email: crcarter@cynthiarcartertherapy.com

Languages: English

 

Angela Sarafin, LMFT, LPC

1100 Nasa Parkway, Suite 110

Houston, Tx 77058

Phone: (832)359-0650

Email: angsarafin@gmail.com

Language: English
Rabia Ilahi, MA, LMFT

5959 West loop South, Suite 100

Bellaire, Tx 77401

Phone: (713)806-9106

Skype: rabia.ilahi

Email: rabia@kinarafamilyinstitute.com

www.kinarafamilyinstitute.com

Languages: English & Urdu/Hindi
Gina Watson, MS, LMFT

14133 Memorial Drive, Suite 4

Houston, Tx 77079

Phone: (713)443-9787

Email: gina@memorialareacounseling.com

Languages: English
Karen Himelfarb, L.M.F.T

4337 E. Sam Houston Parkway N.

Houston, Tx 77015

Phone: (713)453-6358

Fax: (713)453-6305

Email: brightsidecc@yahoo.com

Languages: English & Spanish
Houston Relationship Therapy, PlLLC

1302 N. Shepherd Dr.

Houston, Tx 77008

Phone: (713)542-2221

Email: dr.coles@houstonrelationshiptherapy.com

Languages: English

ABOUT THE AUTHOR

Michael Busby Jr. is a divorce & family law attorney,  who practices in Harris and Fort Bend Counties, Texas. He has been in practice for over 13 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris and Fort Bend County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 

Divorce lawyer for Service Members

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I frequently receive call from former, reserve, and active military with questions on family law and divorce.  How does there service effect the divorce.  Benefits are going to be determined under military entitlement programs.  Substantive property rights are determined under state law.  For child support and/or spousal support, absence a court order, the military will look to integrity and honor in that a service member should support their family.  The military may set up an allotment to your children’s parent or your spouse without your approval.  This is typically the monthly allowances that you would receive based on having dependents.  In Texas, my experience is that what the court would order is typically less, but not always, what would be ordered to be paid to the family of the service member.   I served from the age of 17 to 26 in the Army Reserve, Marine Corps, and National Guard in the states of Arkansas, Oklahoma, and also North Carolina.  I have been deployed overseas, on ship, and otherwise on extended field exercises during my time in the military.  Leaving your spouse at home with all of your money, belongings, and direct deposit, can be scary.  Trust and security is a must in all relationships.  When that trust is broken and your security lost, best to lawyer up and end the relationship as quick as you can.

ABOUT THE AUTHOR

Michael Busby Jr. is a divorce & family law attorney,  who practices in Harris and Fort Bend Counties, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris and Fort Bend County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



When Does Infidelity Become A Form Of Domestic Abuse?

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In most cases, infidelity is considered a form of domestic abuse. An unfaithful husband, especially if he has the tendency to be aggressive, does not care who he hurts. Generally, his wife becomes as vulnerable and frail as a victim of physical abuse.

A cheating husband may scoff at the idea that he is abusing his wife. After all, he only had an affair (or two) and doesn’t strike her or otherwise lay a hand on her. Yet, he has diminished her self-esteem and self-worth through his behavioral pattern of ongoing infidelity. As a result, the wife becomes as emotionally vulnerable as an abuse victim.

Infidelity Is A Type Of Domestic Abuse

Infidelity is a form of domestic abuse because it can be as demoralizing and damaging as a physical attack. Committing adultery or cheating on one’s spouse has long-term consequences. The spouse comes to feel humiliated, hurt, vulnerable, and helpless. Infidelity and adultery are not only devastating for the spouse, but for the children as well.

According to Tad Nelson & Associates, a family law firm based in Houston, abuse can be both physical and emotional. Women who go through divorce because of their husband’s extra-marital affairs usually develop characteristics which are observed in domestic abuse victims:

  • There is a recurring cycle wherein the cheating husband is repentant and the marriage is working well, but then the husband cheats again.
  • The husband may feel guilty or remorseful about the affair, but he is still insensitive to the pain he inflicted on his wife. He fails to accept responsibility for his actions.
  • The wife suffers from low self-esteem. She feels worthless, helpless, and becomes completely dependent on her husband.
  • She suffers from anxiety, panic attacks, and depression.
  • The wife blames herself for her husband’s actions. Women who stay with their cheating husband usually display the same emotional and social warning signs manifested by the victims of systematic abuse.

He Cheated. Now What?

Seek Legal Advice: If you suspect that your husband is cheating, you should seek a credible and experienced adultery lawyer in Houston. You should consult your attorney regarding the best course of action to deal with the situation. For instance, if you are afraid of confronting your husband, you can ask the attorney if you can file a restraining order. You should also ask your attorney what your rights are as a domestic abuse victim and what you can do to ensure the custody of your children.

Gather Evidence: You need to make sure that infidelity is the problem in your marriage. You should first get solid proof before deciding to leave your husband; however, if you and your children are being abused- physically or verbally, it is best to pack up and leave.

Confront Your Husband: If there is no danger of physical abuse, you should confront your husband. Let him know that you know about his affair, and allow him to explain his side of the story. Doing so will also help you come to terms with what happened and it can pave the way for reconciliation.

Build A Support Team: You don’t have to go through all these alone. Be with people who truly care about you and those who have your best interest at heart.

If you have recently uncovered your husband’s extra-marital affair, you probably feel shocked, helpless, and emotionally drained. The simple tips listed above will help you handle this revelation and avoid a mental breakdown.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



What Exactly Is Family Law Anyway?

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In several instances, you may be advised to seek the assistance of a family law lawyer. But, what exactly is family law? Well, truth be told, it’s just what it sounds like. It is an area of law that includes working with consumers with matters relating to families. There is a wide array of reasons that you may want to go see a family law attorney in Houston. Here are just a few of those reasons.

Reason #1: Divorce: More often than not, the reason consumers go to see an attorney that practices in this area of law is for a divorce. Often times, these attorneys will be labeled as a divorce attorney in Houston rather than family law because divorce is so common. Finding a divorce lawyer in Houston is a pretty simple task. All you need to do is to go online and type the keyword “divorce lawyer in Houston” into your favorite search engine, or discuss the matter with friends or family members who have been through a divorce. A divorce lawyer will help to prepare you for the process of a divorce, making sure that the assets are split evenly. However, Divorce isn’t the only thing a family law lawyer does, so read on to learn more.

Reason #2: Child Custody: Often times, through a divorce, one parent wins custody over the other. In these cases, the parent who does not have custody of the child may feel as though they are a fit parent for their child. In this case, a family law attorney would help to prepare a case for the courts that proves the parent that doesn’t have custody is not only capable of providing for the child but more capable than the parent that is currently raising the child. We often hear about child custody battles. Although, it’s a shame that things have to work out this way sometimes, it’s still important to have a lawyer in your corner ready to fight the battle for you.

Reason #3: Child Support Changes: When couples go through a divorce that includes children, a child support arrangement is made for the parent who doesn’t have custody of the child to help cover some of the costs of supporting their child. Child support is calculated based on income and what is needed for the healthy development of a child. If income is higher, child support is higher, and vice versa. So, if your income changes and you are paying child support, you may want to seek the assistance of a family law attorney to help you change your child support payments as well.

There are all types of reasons that you might want to go see a family law attorney. Unfortunately, not every reason could fit into any article, which would be more like a book. The simple way to think about it is that if a legal matter affects your family in any way, it may be time to see a family law attorney.

ABOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



Divorce, Good Or Bad?

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Divorce has become somewhat of a norm worldwide. People who are divorced just marry again and some couples just never bother getting married in the first place. It seems that people find marriage just a road to divorce and that marriage is a cultural mechanism that tries to bind two people together spiritually to help them carry the burden that is life. Others see it as a piece of paper that ties you financially to another person and that a marriage is supposed to be an agreement between two people.

The truth is that no matter what your ideal is about marriage, two people get thrown together and are expected to share their lives and their money. Whether this is an acceptable trade varies however from belief to belief. Feminists see marriage as something that will trap them and enslave to a man’s wants and needs. Men see marriage as an institution where their fun will be taken away and that their freedom restricted by a nagging wife. It is thus no surprise that most people whom are married end up divorced. The problems that arise in a marriage and between these two people are just too great and the conflict that exists create a toxic environment where neither spouse thrives in.

Is it then a good thing that divorce exists? Is it okay to be married for a few happy years and then divorce and move on, progressing to a new level of personal happiness and getting married again to the next person who offers security, love and happiness in that moment? Is that also why you find so many divorce lawyers in just one state, county or province [like a Westfield divorce lawyer or Woodlands divorce lawyer in the Harris County America]?

Or should we rather live in sin as some would say it to prevent the legal battles brought on by divorce? And if divorce is such a bad thing, why do people get married in the first place? Are they starry-eyed with love or do the agreements come to an end? What is it about the human species that makes something that should be so simple so complicated? Divorce is so common people make a career and millions out of it [it seems that being a Westfield divorce lawyer or a Woodlands divorce lawyer can be beneficial]. Is that why people get a divorce? Because it can be economical?

Marriage is something that should be treasured is it not? How can something that is supposed to mirror our hopes and dreams become the very thing that causes us depression and in extreme cases end our lives? Divorce can be good and bad, there is not neutral territory. Usually it is a messy thing, causing pain and leaves emotional scars that can take years to heal. Most people even need intensive therapy after a divorce and the stress of it causes anxiety and health problems.

It seems that divorce may not be the practical solution that most believes it is and should be. It remains to be seen whether it is a good or a bad thing. It all depends on the individuals and the type of divorce they had.

ABOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



The Abundance of Lawyers

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There are many different options when it comes to divorce attorneys in the southeast region of Texas. Everyone knows that there are thousands of attorneys all across the nation but some of the most interesting areas to find an attorney would be in some of the towns and cities around Houston, Texas.

Friendswood is a very interesting place to live let alone a business professional to assist in a legal settlement. This city lies in both Galveston and Harris County. In 2010 the census recorded 35,805 as the population. Not many people are aware of how Friendswood was founded. It was founded in 1895 by members of the Religious Society of Friends, also known as Quakers. Today, this area still houses the Houston area headquarters for the Quaker Society. Finding a Friendswood divorce lawyer will be no problem for anyone that decides to search for one.

There are many different ways to find a divorce lawyer. Sometimes they send you adds in the mail. Some people don’t even check the junk mail because usually it isn’t anything that is useful so attorneys advertise many other places as well. Sometimes attorneys will advertise on billboards along the highway. Other times lawyers will advertise their business on television stations in between popular shows. The reason why they try and advertise between popular shows is because that is when the majority people will be watching television. Attorneys also advertise on the radio. They try and only post ads on popular radio stations as well because of the amount of ears that will hear it. No one will hear an advertisement that is played on a station that very few people listen to. That would be a waste of money. Bus benches are very popular for attorneys. It would be common to see a Galena Park divorce lawyer advertisement on a bus bench. There are many people that drive by bus benches as they are on their way to work, to school, or to go run some errands or many other things to do.

Nobody should be discouraged when it comes to finding divorce help in a small town. Hedwig Village is a city in Harris County, Texas. In 2010 the population of this city was 2,557 according to the census. Someone can definitely find a Hedwig Village divorce lawyer no problem if they wanted to. No matter how small a town or city is, there will always be professionals waiting to give their business to anyone in need. The people of Hedwig Village are very nice people.

Fortunately, there many professionals out there those are waiting on a call from a potential client.

Divorce lawyers can especially help two people who aren’t happy living together anymore that were once bound by law. It does not matter the reason why you want to get a divorce. It only matters that you are sure with yourself that this is the next page in life that you want to turn. The lawyers will do the rest!

 ABOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 11 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



Preparing For A Divorce In Houston And The Rest Of Harris County

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When we get married, we have all intentions of spending the rest of our lives with the person we say “I do” with. Unfortunately, with the great sides of life come some bad sides. As time goes by, things that happen may change your outlook as to whether or not your marriage will weather the storm.  The reality is, divorce happens, and it happens often. That being said, the first thing you can do to prepare for your divorce is to forgive yourself and your partner. Realize that you are not alone, many relationships are in the boat with you. This will help you to clear your mind and really prepare. Now, the real preparation starts.

The next thing you should do to prepare for your Harris County divorce is to look for an attorney that is nearby who can help. You’ll be spending plenty of time with your attorney throughout the upcoming months. So, it’s important to find one that is close by and good to work with. Don’t worry, no matter where you live, you’ll be able to find an attorney. All you need to do is go to your favorite search engine and type in the following…

If you live in Houston, type in “Houston Divorce Attorney”.

If you live in Jacinto City, type in “Jacinto City Divorce Attorney”.

If you live in Jersey Village, type in “Jersey Village Divorce Attorney”.

The truth is, Harris County is huge so I can go on and on with examples here, but I think you can see a trend here. Simply type divorce attorney or divorce lawyer after the name of your city and you will find several in your local area.

The next thing that you should do to prepare for your divorce is to think of what is a fair settlement. I know, you may have all the hard feelings in the world right now. You’re angry, mad, sad, you’re just not yourself. But, you’re going to need to be civil. If not, your divorce may reach a litigation stage. All this is an attorney slug fest for the most on either side. That’s just not necessary. Take down a list of everything mutually owed and legitimately split the value of the total in half. Do the same with your debts and any other assets. Everything should be divided equally…at least in a perfect world that would happen. Each divorce is different and I’m not a lawyer, but I feel like I know what is fair. That is unless there are extenuating circumstances, like adultery.

The final tip I can give you includes thinking of your children. They are the most important and most fragile pieces of a divorce. That being said, always remembers not to fight in front of your children. In a perfect world, you and your wife or husband would sit down and explain what is happening to your children. Being honest is important here. This is going to be a rough time, and you can expect a bit of backlash. Divorces are hard on everyone, but they are the worst for children. Make sure that your children know that mommy and daddy still love them and that the divorce is just something that they need to do.

As far as the rest goes, you should consult with your Harris County divorce lawyer. Your divorce lawyer will walk you through the steps of carrying out your divorce.

ABOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

 

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



Domestic violence

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In the 21st Century women in the west have become symbols of power and equality. They take charge and it is often seen that woman even outrank men. However, a lot of women still don’t have a voice when looking to the East and we as a nation need to ensure that our political beliefs don’t regress back to these archaic notions while at the same time still respecting the religious systems found in the East.

Although it is clear that women have achieved much in this modern day and age, a lot of women are still trapped in marriages where they are abused, raped and blackmailed. We pride ourselves on being more civilized in the West yet our women suffer still. America represents freedom and is founded on the notion of tolerance to one another’s religious beliefs. That should not change. But we should put an effort into building stronger foundations than just mutual tolerance. There should be respect and an ethical moral code which doesn’t undermine a women’s importance whether you are atheist, Catholic, Islam, Muslim, Jewish or Christian.

One of the most stereotypical thoughts is that divorce is a bad thing and that a marriage should last a life time. Whether or not you agree on the lasting effects marriage should have, divorce should always be an option. Not because of love lost or promises that were broken, but because people change and that divorce gives women that are trapped in horrific marriages a way out. Domestic violence should not be tolerated no matter the religion.

Small towns as well as big cities always have a place where a divorce can be requested. In Houston Texas, there are more than 253 different Law Firms where a divorce can be acquired with a qualified divorce attorney.  You can get a Houston divorce lawyer, a Baytown divorce lawyer, a Bellaire divorce lawyer or anywhere else in Harris County. As a woman, you do not have to be trapped as there are offices and firms all over the county.

Houston is the fourth largest city in America and thus has more incidents of domestic violence and such. They have the capacity to help victimized women and children as well as the experience and knowledge. According to the US census report in 2009 the national divorce rate in the south was for every 1 000 men was 10.2 and for women 10.7. This shows that women also have the power to end toxic and harmful marriages.

Although divorce is not always a bad thing, there must also be kept in mind that most divorces affect children as well. Most people believe that it is bad for parents to split up because it causes psychological damage to children that can lead to commitment issues and various other problems. The pros and the cons should be weighed in this instance because although divorce can have a negative effect on a child, the mental damage done to a child whom has to watch a parent suffer is much worse.

Divorce attorneys have a responsibility towards their clients and have to rise to the occasion to ensure their clients welfare no matter what type of lawyer you are or where you are situated. Whether you are a Houston divorce lawyer, a Baytown divorce lawyer or a Bellaire divorce lawyer, there needs to be an atmosphere of efficiency and respect. There needs to be a change of heart in lawyers everywhere where they work to help the victimized.

The conclusion can be made that America and the West must revise our foundation of religious tolerance so that women and children do not suffer and the stereotypical belief that divorce is a bad thing should be eradicated. The power of divorce can lead to freedom of the mind, body and spirit.

 

ABOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

 

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



 

Is Child Support Laws in Baytown Similar to those in Houston?

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The Baytown is a city that is nestled partially within the Harris County and Chambers County on the gulf coast of Texas. All child support laws in Texas, where this city lies, are similar. With the divorce cases rising in Baytown city, it is only prudent that a Baytown divorce lawyer come up with ways to incorporate some human touch in these very messy situations. The entire legal lingo will not work in these situations. A good Baytown lawyer will take care of both the legal side of divorce proceedings as well as the emotional side.

A joint Managing Conservator is a term used in law to mean a parent who has not been given the child custody. Being denied the chance to live with your children is hard, being ordered to surrender your hard earned cash to the spouse whom you have lost the kids to is rubbing salt on a wound. But the law is very clear in matters of children rights and unfortunately, you have to obey the law. This is why a candid Baytown divorce lawyer has to handle this potentially explosive situation very carefully. He must be able to rationalize with the Joint Managing Conservator that these are his or her kids. Although there are a number of people who do not care, most people care deeply about their kids welfare and this is the only reason they pay up the child support dues. If it wasn’t for the kids, most people will probably risk court contempt.

But what are the particulars of child support law in Texas? Well, the law states that after all the legal deductions from a Joint Managing Conservator’s salaries are deducted, the net resources are distributed as follows; if he has 1 child, the he will part with 20% of his net resources. For 2 kids, he will give 24%, for 3 kids he will give 30%, for 4 kids, 35% and for 5 kids, 40%. Any children above 5 will attract a higher percentage, but not less than that for 5 children.  If the Joint Managing Conservator has other children from other marriages to support, then the court may reduce these percentages. Another thing the court considers is how much the other parent is earning, although this may not carry much weight. Note that these percentages apply to salaries that are up to $8550 of the conservator’s salary. If he earns more than this amount per month, then the court assumes that the $8550 is enough to take care of the kids. Should the parent who has custody to the kids want more than what the law states, then he or she must show cause for the added support amount.

The net resources is computed as the money left after deductions such as social security tax, federal tax, income tax, union fees for the unionizable employees and health medical insurance cover are deducted from the salaries. If you are a good parent – and most people are – you will co-operate with the Baytown divorce lawyer to get this nasty business over and done with as soon as possible. The less the child in question knows about the arrangement, the better. Note that should you remarry, your new spouse’s income is not subject to the child support laws.

How to save money during divorce proceedings in Deer Park

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Divorce is expensive, emotionally taxing and potentially destructive. It disrupts your carefully planned life, creates a wedge between you and your children, ensures you hide your head in shame whenever you meet friends who know you, and turns you into an introverted self-analyzing unhappy person. The last thing you want to do is compound this problem by going into financial ruin trying to hurt your spouse in pretext to protecting your kids. All the money in the world will not make your spouse love you back. Rather, spend your time with the Deer Park divorce lawyer and try to finalize the divorce proceedings as quickly as you can.

Having seen many people going through similar problems as you, the Deer Park divorce lawyer will be the first to tell you that trying to live any other way than you are used to will not only ruin your financial future, but can very quickly turn you into a drug addict. Below are some guidelines that may help you save a lot of money as you go through a divorce.

Know what you want

Don’t initiate a divorce proceeding before you decide that this is what you want. The moment you open a file with the Deer Park divorce lawyer, legal fees start accruing. Rather, seek counseling, try dialogue, go for a long holiday with your spouse and try to make things right. If all this fails, you will know that you gave it your best shot and you will not feel very bad about letting your spouse go. You do not want a situation where you have gone midway into the divorce proceedings only to ‘kiss and make up’ with your spouse. You will still pay the legal fees.

Avoid destructive behavior

Drinking 5 additional bottles of beer than you normally drink will not make the pain go away. It will just leave a big hole in your pocket. Taking drugs will just ruin your custody chances and might land you in jail. Hiding your money so that you do not share with your spouse will only invite IRS into your accounts. Trust me; IRS never stops once it starts. So you think hiding children from your spouse will make them feel bad? Well, that may be so, but it will reflect badly on you during the proceedings. You will just look vengeful. Rather, be mature, cordial to your spouse and even try to take the matters lightly. And no, I am not being insensitive to your bad situation. Just humor me and follow my advice. Remember the children are watching you. You may not have the moral authority to reprimand them in future if you are treating their mother or their father shabbily.

Hire one Lawyer

In uncontested divorces, you have already done half the job right. Don’t make a mistake of hiring two lawyers. The Deer Park divorce lawyer can draft and file all the divorce papers. Make sure that each of you gets his/her dues and in case disputes arise, solve it yourselves. The moment you bring in a lawyer, legal fees start accruing. Do not let the divorce disrupt your work life. Lower productivity at work is very bad now. You do not want to get in the bad books of your employer. After the divorce is final, you will have an increased financial burden. In conclusion, just make the best out of the situation and move on quickly. Life is too short to focus on the failures in your life.

ABOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

 

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



How can you Establish Legal Paternity and Rights and Obligations thereof in Houston?

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One of the ranging debates in and out of courts is how best the legislation can enshrine the legal rights of a man proved to be the blood relation of a child. A lot of lawsuits have been brought to the Houston courts to determine what should happen once a father – although not living together with the mother – can take the responsibility of raising a child he fathered. As the debates ranges on, a Houston divorce lawyer can help you make sense of it all. It is not a ‘Disney land’ walkover, but with the help of the qualified Houston divorce lawyer, it will be easier to understand the legal thinking behind all the paternity legal provisions.

Establishing Paternity

There are three methods that the paternity of a child can be established. The first one is producing a birth certificate, duly signed by the father in question and from the hospital that the child was born in. The second method is when a court of law orders a medical genetics comparison test (commonly referred as DNA test). If the results affirm that the genes makeup is similar, then the court declares the man as the father. The third way paternity can be established is if under oath and in a court of law a man admits paternity.

The rights that accrues after the paternity establishes you as the father

The law gives a father a right to visit his children. This can be as regularly as agreed with the child’s mother or in case of disagreement, as provided for in the standard visitation schedule decreed by a judge. This schedule is similar to the one given to a parent that is not staying with the kids but has divorced his spouse. Another right that you will accrue after being declared the father to a child is making decisions that affect the child’s life such as medication, education, holidays, residence and many more. Of course with rights come obligations. You cannot say you have a right to make the decision of where a child goes to school and yet you are unwilling to contribute towards that education.

Obligations of a father once paternity is established

Under the Texan law, your Houston divorce lawyer will advise you that you are obligated to support your child. Support should not only be financial, it should also be emotional. In fact, this obligation can at times extend to the mother of the child since she spend most of her time taking care of the child and has no time to earn a living. Sometimes the judge may order that you pay the mother of your child maintenance money if you have not voluntarily done so, and if the mother of your child petitions the court to make such an order. Paying for the children’s housing, utility bills, school fees, transport, clothes, medical insurance and many more is the duty of the parents. If you fail to agree with the mother of the child what bills each of you will take care of, then the court will establish a schedule that each of you must honor.

BOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

 

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



Save Yourself from Insanity!

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There comes a point in almost every marriage where the married couple just can’t seem to reach reconciliation. In some cases, this period doesn’t pass at all, and the brooding unrest leads to required divorce…

Divorce means the total dissolution or termination of a marital union by civil means. Divorce is not simply undertaken for the separation of legal duties, but also as a significant finality showing the end of a once-serious relationship and tortured love. The decision usually leads to a very emotional process which should be handled with care and discussion.

Houston is not exempt from the hardships of marriage and residents will find many a Houston divorce lawyer to finalize their case. The specific firms are distributed right across the city, bringing legal aid to citizens from Spring to Alief with Spring divorce lawyers and Alief divorce lawyers practicing their field at a registered firm near you.

There are many reasons why a bickering couple would decide to keep their failing (or failed) marriage going at their own emotional expense. Children are usually the primary reason behind these love-hate relationships, with parents staying together for the sake of their children, with the intention of avoiding any complications. Parents should however stop to consider whether or not it is healthy for their children to be exposed to the tensions at home.

In most countries (including the USA), the finalising of divorce requires the sanctioning of the court to finish the legal process and declare the marriage null and void. You should start working with a professional Houston divorce lawyer well before your case is taken up in court to work out any specifics like child custody and the redistribution of property.

In some cases, the couple might want their marriage dissoluted in a religious context as well, which they will have to prepare for. Some religions frown on those who decide to undergo divorce, which might also contribute to the couple’s decision to stay together. In this case, abusive relationships can arise and cause permanent psychological damage.

Child custody is a touch subject towards the end of the divorce process, but a skilled Spring divorce lawyer or Alief divorce lawyer will be able to help you resolve the issue. Being separated from your child might be a horrific thought, but know that your ex-spouse also probably loves the child and shares the same fears. Try to come to an unanimous settlement, but if you are escaping an abusive relationship with proof of abuse, you could obtain exclusive custody.

Lastly you will want to come to an agreement regarding distribution of property, mainly with mortgages and other valuables. A certified Houston divorce lawyer will be able to handle your financial concerns and discuss the matter with your spouse’s lawyer to present your case in court. Spend time working out an agreement without being forced into anything.

While it might seem a trying trial to survive, escaping a bad marriage will ultimately save you from insanity, and maybe give you a second chance at love…

BOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

 

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



Child Adoption Process in Houston

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One of the most gracious things you can do as a human being is to take care of children. Irrespective of whether they are your kids or not; as a parent, you should care about the well-being of the little ones.  As a human being, it is not only virtuous but also mature to be mindful of where your country is headed in the future. With so many children being  born out of wedlock while others are born in unstable families, it is upon the more financially endowed families in Houston to take up the duty of ensuring that these kids are well taken care of. If you do not do it, who will? Remember the more children there are who have not gotten good education and family love, the more your neighborhood is likely to be a security nightmare. A Houston divorce lawyer usually doubles up as a Houston adoptive lawyer. If you want to adopt a child, the process is simple. All you need is to cooperate with the relevant authorities. The following are the steps that taken to adopt a child.

Pre-adoptive Home Study

This is a study conducted by an experienced social worker to determine the suitability of yourself, your home and your spouse to become adoptive parents. Remember that as the adoptive parent, you will legally have the rights of parenthood similar to those of the biological parents. You need to prove to the social worker that you are suitable. The social worker will first of all interview you and your spouse, he will then require testimonials from your friends and neighbors on your suitability to be parents, they will also require all the documents required of an American citizen, they will check your criminal history and finally they will verify your financial ability to take care of the kid.

Biological Parent’s Termination of Parental Right

The next step involves the biological parent terminating their rights as the parent. In this case, the procedure may be voluntary or forced. The circumstances that may force Children Services or a court of law to terminate your parental rights  includes drug abuse, physical violence against the child, lack of proper and safe housing unit, inability to take care of the child’s financial needs among others. Note that once the biological parent terminates the rights, they cease being responsible for the children and in this case, the children temporary become the responsibility of the government.

Final Adoption

The court may listen to the Houston divorce lawyer submissions one more time but the process is pretty over once the biological parent terminates the parental rights. The court hands over the child to the adoptive parents and from then on, they will be responsible for the well-being of the child in terms of education, housing, food, medical care and all the other things a child may need from a parent. In Houston, the law is very strict about the responsibilities of adoptive parents. Don’t be surprised if you get an impromptu visit from Children Services to check up on the progress you have made with the adopted child.

BOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

 

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



Houston Prenuptial Agreements

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Most people like to call prenuptial agreements a ‘plan to fail’ in the marriage. This is because they are written in anticipation of marriage failure. The tussle for property that ensues after a marriage has failed can be avoided by signing prenuptials. However, marriage, although with a big rider called ‘love’, is a contract like any other. Actually, you plan to fail if you do not enter into prenuptials with your spouse. Property and money is a big issue in any marriage. Most people will seek ways of making their marriage work if they know that should they divorce, they stand to lose each other’s properties and money. Prenuptial Agreements have faced a lot of opposition from all kind of people. They like putting an argument that ‘love should be enough’ to make a marriage work. If you are married, you probably know that this is not true.

So what should you put in your prenuptial agreement? Do you need a Houston Divorce Lawyer to help you put together the necessary documents?  The following are the most commonly provisions put in the Prenuptial Agreements.

The Couple’s Salaries

Texan law says that a couple’s salary is community property. All community property is shared 50-50, or as the judge may deem equitable and fair upon divorce. Most couples like to classify their salaries as separate property in their prenuptials. Separate property is not subject to sharing unless under very special circumstances.

Income from Separate Property

Most couples like to put it clear in their prenuptial agreement that any income and property gotten from the separate property will remain as separate property. This means that upon divorce, it will not be subject to sharing.

Home Rights

A Houston Divorce Lawyer will tell you that under the Texan law, a spouse retains important rights to the marital home upon the death of his/her spouse. In the prenuptials, most couples waive this right to avoid the inevitable collision with the relatives of the dead spouse.

Spouse Maintenance

In the prenuptials, most spouses will want to waive the right of spousal support upon divorce. In the Texan law, a spouse is entitled to petition the court to enforce the right of spousal maintenance. This means that the working spouse is supposed to pay some maintenance fee to the spouse that is not working. However, this right is voided if in the prenuptials agreement he/she has waived that right.

Limitations of the prenuptials

One major limitation of the prenuptials regards children support. In Texan Law, you cannot waive the right to child support. The law dictates that it is the responsibility of every parent to take care of their children. If the law allows children support agreements in the prenuptials, it will become inconsistent and prone to abuse. Another limitation of the prenuptial agreement is that you cannot agree to change separate property into community property before you are legally wedded. Separate property remains separate. Remember that community property is the property acquired during the currency of your marriage. Any property you own prior to marriage is said to be separate until upon discussing with your spouse, you write a formal agreement that the said property will henceforth be known as community property.

ABOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 11 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

 

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 



Legislature Changes Deadlines in Family Court De Novo Hearings Again

facebook cover 4.27.15
Part of the 2013 changes to the Texas family code limited the time a party has to appeal from the decision of an associate judge in a family law matter.  The change restored old law which gave families 3 days to appeal the ruling.  The changed to 7 days was more friendly to both attorneys and pro se litigants.  Judicial efficiency it seems was the focus of the 2013 Texas Legislative session vs. government providing its citizens access to the courts.  A judge is allowed to refer certain matters as a right to the their associate judge.  Under certain types of hearings a party may either appeal or object to the referral.  Pretty much all hearings except final trial and certain post-judgment hearings can be referred to the associate judge.  While a final trial a party may object to the referral and the elected judge must hear a final trial.  Judges are people and make mistakes.  To question a judges decision takes about 8 months, if the judge is elected through an appeals process.  If the Judge is hired, then you can question the decision in about 30 days, but you must timely file your request for de novo hearing.  Judges, although tasked with certain authority, many times are just as quick as you to leave work and make it home at the end of day.  Given a change to pass the “buick” almost every judge this attorney has seen will be as quick as they can to refer a case to another.  The logistics of the courtroom should be addressed with either hiring more judges, or making the judges work a 40 hour workweek, not by limiting parties substantive rights or creating more red tape to deny them access to the courts.

To schedule a consultation, call us today at (713) 974-1151 or visit me on the web at busby-lee.com

ABOUT THE AUTHOR

Michael Busby Jr. is a Divorce, Family Law, & Houston Divorce Lawyer,  who practices in Harris County Texas and the counties that surround Harris County, Texas. He has been in practice for over 11 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Harris County Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.

 

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com