The ad appeared on the online marketplace Craigslist on May 1. Signed "Desperate," the ad offered readers the chance to adopt a 3-year-old boy. The writer says that "I'm not in a good place in my life" and believes that he or she is unable to care for the child.
]]> The ad came to the attention of police in Houston. Officers trace the posting to a 29-year-old woman who reportedly admitted putting it up. She said that she suffers from depression and anxiety for which she has medications, but that she is unable to take her medications right now because she is pregnant.According to the criminal complaint, the woman said she did not mean to give up her son but wrote the ad to deal with her anxiety problem. However, she reportedly has admitted to replying to several responses to the ad.
Texas law has a procedure for properly arranging the adoption of a child. However, it is against the law to seek potential adoptees through advertising. That is the law the mother is accused of breaking.
The child is currently in foster care. According to the Huffington Post, a neighbor said that the mother took good care of her son as far as he could tell.
Source: Houston Chronicle, "Houston police find 'desperate' mom's ad to give away boy, 3," Robert Stanton, May 14, 2013
]]>Under the law, grandparents in Texas can sue for visitation rights only if the grandchildren are being raised by the grandparents' son- or daughter-in-law alone. The grandparents must have reason to believe that the grandchildren's well-being is at risk due to the in-law's decisions.
]]> That may leave many concerned grandparents unable to intervene in their grandchildren's possible abusive or negligent home lives. A bill that was recently debated in the House Judiciary Committee would greatly expand the circumstances under which grandparents could seek visitation time. For example, grandparents could sue their own son or daughter for visitation. The single-parent requirement would go away. Also, other close non-parent relatives like aunts, uncles and great-grandparents would be similarly empowered.Interestingly, one group that is opposing this boost to grandparents' rights appears to be parents who home-school their children. A policy analyst with the Texas Home School Coalition said that the bill would "exponentially" increase the amount of litigation over visitation rights. He said that grandparents often seek visitation time over matters such as the parent's choice to home-school or the family's religious practices.
Issues like these are where the rights of parents and grandparents can collide. It will be interesting to see how this bill progresses in the Legislature.
Source: KUT-FM, "Grandparental Rights Bill Up for Committee Debate at Capitol," Veronica Zaragovia, April 15, 2013
]]>But that is not the only way to do things. In this digital day and age, it is perhaps not surprising that Internet divorce is available in Texas. Doing an online divorce may seem to be a quick, convenient and low-cost way to end your marriage and for some couples that may be true. Especially in cases where the couple has few financial assets and no children to negotiate over.
]]> But in many cases it may lead to more headaches later, some observers say. Those who do not now the divorce law could get themselves into a quagmire. Or they could forget to resolve important matters like setting a child custody schedule. Without an attorney to advise them and interpret the offers, one spouse may not understand what he or she is agreeing to, possibly costing their rightful share of the marital assets.Courts have seen do-it-yourself Internet divorces go awry. One judge said that many couples have come into his courtroom with their forms incomplete and uncertain how to finish filling them out. He advises people using online forms to do their homework to ensure that they have done everything properly and according to their agreed-upon wishes.
Source: KXXV-TV, "Online divorce option increasing," Mike Iliopoulos, April 8, 2013
]]>These two individuals are not the only ones facing this problem. Many same-sex couples have sought legal marriages in other states. If they try to get a divorce, though, they will find that Texas law does not offer them the same protections that opposite-sex couples receive.
]]> This could soon change, depending on the U.S. Supreme Court's ruling in a recent case challenging the validity of the Defense of Marriage Act. The act defines marriage as a union between one man and one woman for the purposes of federal law.While striking down the law will not automatically lead to a nationwide legalization of same-sex marriage, it is unclear to what extent it will require states that do not allow same-sex marriage to recognize marriages performed in other states.
The details of this issue will not be known until the Supreme Court's ruling is issued later this year. In the meantime, same-sex couples who are breaking up in Texas would be wise to seek the counsel of an experienced family law attorney who can help them protect what rights they do have.
Source: Slate, "Married in New York but Not in Texas," William Baude, April 12, 2013.
Our law firm practices family law in the El Paso area. For more information, please visit our website.
]]>In reality, the man had married another woman during the brief separation from his wife. Amazingly, he was able to keep up the deception of both of his "wives" for more than two years and will not face criminal charges due to the way Texas' anti-bigamy law is written.
]]> When the man asked his wife for a divorce, he gave her divorce papers for her to sign. But she did not sign the papers and the man never tried to file them with the court. Instead, he forged his wife's signature and had a friend sign as a "judge." The real purpose of the papers was to trick his boss, who owned the flight school where he worked as an instructor, into thinking he was divorced so that the two of them could marry.The second "marriage" took place in October 2009. For the next two and a half years, the man shuttled between wives, seeing one during the week and the other on weekends. Neither was aware of the bigamy until the first wife answered a call from the second wife in May 2012.
But the man was not arrested until October, four days before the statute of limitations ran out. A grand jury declined to file charges, probably for that reason. Under Texas law, the time limit to file a bigamy charge begins when the bigamous marriage occurs, not when it is discovered. It is not clear why the wife did not report the bigamy for several months.
Also, the second marriage is now legitimate after the first wife divorced the husband. The man was ordered to pay part of his wife's attorney's fees and child support.
Source: Fort Worth Star-Telegram, "Grapevine man went to great lengths to cover up dual marriages," Deanna Boyd, April 7, 2013
]]>The ruling, issued on March 29, involved issues of the definition of gender, the rights of an individual to change their gender and when that person is legally recognized as being that new gender. By the time he married his wife in 2003, the man had undergone surgery to remove his breasts, changed his name and received a new birth certificate legally recognizing him as a man. Nevertheless, the judge ruled that there was insufficient evidence that he was a man at the time of the marriage.
]]> If he was not a man, that would make their union a same-sex marriage, which are not recognized in their home state. Under the court's reasoning, that means the couple cannot be granted a divorce in that state because the state does not believe they ever were married.According to the Huffington Post, the court also ruled on the custody of the couple's three children. They will have joint legal and physical custody, and the husband was ordered to pay $240 per month in child support.
Source: KPTV-TV, "Judge blocks divorce for transgender pregnant man," Steve Stout, March 29, 2013
· To learn about divorce laws in Texas, please visit our El Paso divorce test.
]]>But that does not appear to be the case, at least in one other state. An analysis of family court incarceration data in Massachusetts suggests that nearly all parents jailed for owing child support are men. The study found that between 95 percent and 98.5 percent of those incarcerated were fathers.
]]> That is far out of proportion with the number of non-custodial fathers in that state. The most recent U.S. Census data suggests that mothers are granted physical custody 82 percent of the time. About 54.9 percent of those mothers receive child support, leaving a significant number of fathers who either have majority custody or do not pay child support.Also, not all parents who do not keep up on child support are men. The Massachusetts study's researcher says that 12 percent of parents behind on payments are women. However, only about 1.5 to five percent of those jailed for nonpayment are mothers. And they tend to be at least as far behind as delinquent fathers.
What do readers think of these figures? Does it make sense for fathers to be more likely to be sent to jail than mothers who have similarly fallen behind on child support?
Source: Fathers and Families, "Shocking Data on Incarceration of Fathers: New Report Suggests Gender Bias," Ned Holstein, March 14, 2013
· For more information about fathers' rights and family law, please visit our El Paso fathers' rights page.
]]>According to a news report, Deion Sanders was the final witness to offer a testimony in the trial, which had six previous days of testimonies. He reportedly stated, "I am who I am. I think I am a great dad. I think I'm Father of the Year." Deion Sanders is seeking primary custody of his and his ex-wife's three children.
]]> In his testimony, Deion Sanders stated that "after a fight with [his wife] at their Prosper home in April 2012, when she was arrested and taken to jail, he didn't tell the kids to fill out a police report against their mom or coach the kids what to write."However, his ex-wife is also seeking primary custody of the couple's children. She stated, "I believe the children need both parents... Hopefully that will be possible." Currently, she cannot get very close to her husband's home where their children are living.
After Deion Sanders' testimony, the two sides offered closing arguments and then the jury will be able to make a decision in regards to the couple's custody battle. In a custody dispute like this one that has been going on for quite a while and has dredged up all sorts of accusations about both parents and from both sides of the case, the jury may make their decision based on what is in the best interests of the couple's three children.
Custody disputes like this are not limited to the rich and famous, though. Any couple may find themselves in a serious and complicated custody dispute. Having a strong attorney during a custody dispute is critical.
Source: NBC 5 Dallas-Fort Worth, "Final round of Sanders' child custody battle," Kendra Lyn, March 12, 2013
]]>Seven years ago, the couple's granddaughter was born to their 16-year-old daughter. When the baby was nine months old, CPS took the little girl from her mother "who was allegedly providing inadequate care." Shortly after this, the baby was placed in the care of her maternal grandparents by CPS. While the grandparents were reportedly excellent caregivers, their intent to continue caring for the little girl concerned the state.
]]> The state reportedly wanted the girl's biological mother to care for her and thought the grandparents were getting in the way of this goal. As a result, the state put the baby in foster care. The little girl lived in "five foster homes before the age of four."The grandparents were very frustrated that their granddaughter was put into the care of strangers, when they were very capable caregivers and also relatives. According to a report, in 2009 a "judge ruled that the state had made an error in not giving more weight to the placement with relatives." The little girl was returned to her grandparents' care after this ruling. The grandparents later adopted the little girl.
While the state defends its position that children should be reconnected with their biological parents when possible, this couple's case demonstrates that sometimes that goal may not be in the child's best interests.
Now, this couple is suing the state on behalf of their granddaughter who has struggled with anxiety, attachment, and depression issues since returning to their care. The now 7-year-old girl reportedly constantly fears she will be taken away from her grandparents. The outcome of this case remains to be seen, but the case has gone to trial.
When families are concerned that the state is interfering with the ability of relatives to care for a child, seeking legal help may very well be necessary. In this couple's situation, if they had not taken the initiative to regain custody of their granddaughter, she might still be living in foster homes, even though her grandparents want to and can care for her.
Source: KING5.com, "High profile grandparent's rights case goes to trial," Susannah Frame, Feb. 27, 2013
]]>The toddler's death on January 21 is being investigated; the cause of his death is not yet known. However, the Texas mother claims that she left her 3-year-old and 2-year-old sons playing outside and when she returned the 3-year-old was unresponsive on the ground. The little boy died that same day.
]]> Since this little boy's death, Russian officials have questioned the mother's treatment of the little boys. Allegations of abuse have been thrown around and a report that abuse was reported to Texas child welfare officials on January 21, the day the boy died, add to the drama of the situation.Now, Russian officials and the biological mother want the younger brother to be returned to Russia. However, the boy's biological mother had her sons taken away from her "because of alcohol addiction." Whether or not the mother will receive custody of her 2-year-old son again is unknown. However, the employer of the biological mother's boyfriend stated that the boyfriend's co-workers all "said the child must not be handed back over to this couple."
This situation would be complicated even if the children had not been adopted internationally, but the fact that the children are Russian makes the situation even more difficult. In addition, this case demonstrates that issues can arise even after an adoption is finalized. Future events have the potential to impact the state of the adoption. When dealing with these complexities of adoption, consulting an experienced family law attorney would be beneficial.
Source: The New York Times, "Russians demand return of brother of adopted boy who died in Texas," David M. Herszenhorn, Feb. 22, 2013
]]>Securing a strong attorney as soon as possible is critical. However, attorney's fees, living expenses, and other costs can add up quickly during a divorce settlement. Planning for how one will cover these costs is important. If one spouse has more access to cash than the other spouse, it may be difficult for the spouse with less money to keep up with his or her spouse's spending on settling the divorce.
]]> One entrepreneur has entered the market of loaning money to divorcing spouses who need funds to cover various expenses. The entrepreneur's expectation is that the spouse will receive enough money in the divorce settlement to ensure his loan will be paid back.He does not offer loans to just any person who is going through a divorce, though. He and a team research the likelihood of the spouse receiving money in the settlement in order to decide whether it is safe to offer the loan. With high interest rates on the loans which have ranged from $20,000 to $70,000, this entrepreneur can make a profit.
While taking out a loan from a man who aims to make money off of others' divorces may not be your style, his business might prompt you to think about methods of paying for divorce.
Many divorcing spouses borrow money from family members, friends, or law firms, who they plan to pay back after receiving settlement money. Whatever method one chooses to pay for the costs of settling a divorce, having a plan as soon as possible will likely help speed up the divorce process.
Source: The Wall Street Journal, "Dialing up dollars for divorce," Anne Kadet, Feb. 15, 2013
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