Primary elections for Denton County Judge positions are just around the corner. Early voting starts on February 16th and the primary election will be held on March 2nd.
While Denton County residents will be voting on a number of elected officials, including several judicial positions, our office here at Duane L. Coker & Associates, P.C. regularly practices in two of these Courts. We handle family law matters in the 158th Judicial District Court and probate and guardianship matters in the Denton County Probate Court.
For the 158th Judicial District Court, I am supporting the current Judge, who is running for reelection, Judge Jake Collier. Judge Collier hads loads of family law experience, having practiced in Denton County since 1969. He took the bench 7 years ago and has enjoyed high marks in the Denton County Bar Association annual judicial poll. I believe he is fair and extremely hard-working, often spending his day on the bench, even when Court isn’t in session.
Find out more about Judge Collier at his website: www.jakeforjudge.com
While I’m personally very sad to see our current Probate Judge, Don Windle, retiring, we’re lucky to have more than one very well qualified candidate for the Denton County Probate Court position.
I decided to support Robert Ramirez, a very experienced probate and guardianship attorney, who is extremely familiar with the inside of the Denton Probate Court, as soon as he decided to run. Despite the fact that he now has well-qualified competition for that position, I believe he’s the best person for the job. Find out more about Robert at his website: http://www.electrobertramirez.com/
Be sure to get out and vote in the upcoming primary election. Denton County historically only elects Republican candidates. In most cases, there are no Democratic opponents. The primary often amounts to the election so they are definitely too important to miss. I hope if you do vote, you’ll vote for the above two candidates, who I think will do a great job for the citizens of Denton County.
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One of the most common issues that our office is dealing with in divorce and custody cases in Denton and Collin County, Texas, is the issue of either establishing, enforcing or lifting a geographic restriction on the residence of the child in the case.
First, it is important to explain what a geographic restriction is and what it isn’t. Normally, but not always, when a Court in Texas enters an order related to a child, whether a divorce decree, paternity decree, or an order in a suit affecting the parent-child relationship, the Court gives one parent the exclusive right to establish the residence of the child. Even though, in most cases, the parents are appointed as Joint Managing Conservators, this right is usually given to one parent and that parent is the one with whom the child will primarily reside. The other parent is given some type of possession schedule.
In Texas, and in most states nowadays, it is common for the Court to establish a geographic area in which the parent with the right to establish residence can establish the residence. Our most common restriction in Denton County reads that the parent can establish the primary residence of the child within Denton County, Texas, or a county contiguous to Denton County, Texas. However, it is not uncommon to see bigger or smaller areas set out in orders.
Now, this doesn’t mean that the Court is telling that parent where they can live. What it does mean, though, is that the Court is ordering that the parent can only establish the child’s residence within that area. If the parent chooses to move off to another state, for example, they don’t have the right to take the child with them and, without further Court order, the child would have to remain within that area with the other parent (assuming that the other parent remains in that area).
Because of our increasingly mobile society, it is not uncommon for a parent to want to have the right to establish the residence of the child and to have the right to move to another part of the state or country. My experience has been that, while the Court might empathize with the parent’s desires, if the other parent plans to remain in the area, and is involved in the child’s life, then the Court will usually put a geographic restriction in place. This is so that both parents remain involved in the child’s life.
There are a number of factors the Court considers in deciding whether to establish a geographic restriction or, if one is already in place from a prior order, whether to lift that restriction. In most cases, the parent wanting to move wants to do so for job purposes or to be closer to a family support group. These are good reasons and, in some cases, may be good enough to convince the Court to allow the move. However, we’re finding more and more often that the Court will go to great lengths to keep the child close to both parents.
Often, if the Court considers allowing a move (either by not establishing or lifting an existing geographic restriction), the Court will try to even things out by giving the remaining parent more time with the child, ordering the moving parent to pay some or all of the transportation costs, decreasing or eliminating the remaining parent’s child support obligation to offset transportation costs, and so on. Many times, the moving parent will get the right to move and establish the child’s residence in another area, but then elect not to because the considerations given to the remaining parent offset the perceived benefits in the move.
Further, in most orders, the geographic restriction also includes provisions that, if the parent without the right to establish residence (the parent with the possession schedule), moves outside the area of the restriction, then the restriction is lifted. For example, if the Court says that a parent may establish the child’s residence within Collin County, Texas, and the other parent then moves to Nebraska, the restriction is lifted so that the parent with the right to establish residence does not have to stay in Collin County. This is because the original reason for the restriction is gone.
The bottom line is that every case in which establishing or lifting a geographic restriction is an issue is different and involves a number of factors that may or may not be important to present to the Court. There are far too many factors to discuss here, but most of these factors are time sensitive. Further, if you are seeking to lift a restriction for a new job opportunity or other reason, these cases can take time (often months) so it is important to see a good family lawyer who has experience in the jurisdiction in which the case is pending to discuss your options and evaluate your chances of success.
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As Google continues to work toward total search domination (assuming they’re not already there), they do come up with some pretty nifty stuff. One of the latest developments, Google Scholar, is a search engine that’s still in beta form and is, according to Google, a “simple way to broadly search for scholarly literature. From one place, you can search across many disciplines and sources: articles, theses, books, abstracts and court opinions, from academic publishers, professional societies, online repositories, universities and other web sites. Google Scholar helps you find relevant work across the world of scholarly research.”
According to an article on the American Bar Association site (http://www.abajournal.com/news/article/google_offers_legal_research_for_the_average_citizenand_lawyers_too), one purpose of the search engine is to open up legal research to the average citizen. In the past, this type of research has often required extremely expensive search engine subscriptions or confusing trips to the local law library.
Next time you face a legal conundrum, finding an answer could be as easy as finding a picture of Angelina Jolie . . . just Google it!
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We receive questions at our office on a weekly (sometimes daily) basis about Legal Separation in Texas. Most people have talked with friends and family in other states, or have heard in the media about spouses being “legally separated,” and want to find out more. Many folks need time apart, but don’t want to take the big step of getting divorced in hopes of reconciliation after a cooling off period or counseling.
In Texas, we do not have a “legal separation.”
This, however, does not mean that spouses needing time apart don’t have any options. The question that we end up asking these people is why they need the legal separation or what benefit they are seeking by formalizing the separation.
Most of the time, responses fall into one of two categories, both involving the need for some rules. The first is the need for rules about the children while the parties are separated and the second involves the need for rules about the use of property and/or payment of debt and expenses wile the parties are separated.
Rules regarding the kids include setting up with whom they will live during the separation, setting up a possession schedule, providing for support, medical insurance and so on. Regarding property, parties often want something in writing about who will get the use of the family residence, particular vehicles and who will pay the mortgage, expenses, vehicle loans, credit card debt, and so on. Often, regarding property, the parties also want to provide that neither party will expend any of the parties’ property, or incur any new debt, except for ordinary living expenses, until they figure out what they are going to do long-term.
The easiest solution to the need for rules in either category — kids or property — is for one, or both, parties to file a Petition for Divorce and request that Temporary Orders be entered. If the parties already know what they want to do, then they can file a simple Petition and have the Court enter Agreed Temporary Orders, which don’t even require a hearing. While this approach does involve the perceived stigma of having filed for divorce, the Court is not going to force the parties to go through with the divorce just because it is filed. If the parties reconcile, it is a very simple process to dismiss the divorce proceeding.
This method does provide a solution, but it isn’t necessarily a longterm solution. Most Courts have a docket control plan in place that will require that some action be taken in the case on a regular basis, or the Court will dismiss the case (and any Temporary Orders) on it’s own. Usually the Court will give parties 6 months to a year before dismissing the case, but this varies by jurisdiction.
If the need for some ground rules just involves the children, it is possible to file a Suit Affecting the Parent Child Relationship and get temporary, or even permanent, orders regarding the kids. These orders can establish conservatorship, possession, child support, and provisions related to medical insurance and uninsured medical expenses for the kids. This is a good approach when the parents are separating, maybe for a long while, but don’t want to file for divorce.
Regardless of which method a couple chooses, it is important to visit with a good family lawyer about the issue before proceeding. One thing that is important to remember is that in Texas, until you are divorced, you’re still married. This simple maxim has a lot of important ramifications. While you remain married, absent a marital property agreement, the parties are still creating community property and debt. I’ve worked on cases in which the parties were separated for many years and, when they finally got around to filing for divorce, there were huge disputes regarding the division of the property or debt that was accumulated during those years of separation. Further, remember, while you’re separated, any infidelity could be brought up later, if the parties don’t reconcile, during the divorce trial as a reason the ‘faithful’ partner should receive more than half of the community estate. While judges often ignore these issues during the time the parties are separated, there’s no guarantee they will.
There are other solutions to short-term and long-term separations, but the bottom line is that, in Texas, parties wishing to formalize their separation may have to be creative.
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When does child support end in Texas???
That’s a question we hear often around our office. In this part of our 4 part child support posts, we’ll discuss when and how child support payments end in Texas.
There are several events that can lead to the termination of the Obligor’s child support obligation. The first and most common is when the child turns 18 or the child graduates from high school, whichever occurs later. This provision is very important because it can extend the child support obligation past the child turning the age of 18 if the child is still going to school to obtain a high school diploma. If the child drops out of high school after turning 18 or does not meet minimum attendance requirements where they are enrolled, the child support obligation can terminate before the child obtains a high school diploma.
Two other events that can lead to the termination of child support are if the child gets married or if the child enlists in the armed forces of the United States. These events can terminate the Obligor’s child support obligation even if the child has not reached the age of 18. They can also terminate the child support obligation even if the child is 18 and is currently enrolled in a program to obtain a high school diploma.
The removal of the disabilities of minority of the child by the court can also lead to the termination of child support. The best example of this is if the court emancipates the child before the child reaches the age of 18. Lastly, the obligation to pay child support will terminate upon the death of the child. The obligation to pay child support, however, does not necessarily terminate upon the death of the Obligor. The court can order the Obligor’s child support obligation to survive the death of the Obligor and it will then become an obligation of the estate of the Obligor.
Upon the termination of child support for one of the above reasons, or the reduction of child support in a case in which support is being paid for more than one child, it might be necessary to get an order from Court to stop wage withholding. If your child support is automatically being withheld from your paycheck, you should check with your HR department and look at the wage withholding order several months before the support obligation should end. If the order provides for a termination date, then you are probably okay, but double check with your employer to make sure they understand they’re to stop the withholding on that date. If there is no termination date, you should see a lawyer so that an order can be obtained to stop the withholding. It’s best to start this process several months before the withholding should stop.
In our last part of this series, I’ll discuss modifying child support. As that is a pretty extensive topic, we might break it into two posts. If you have any questions about these posts, or if you need help with a child support problem of your own, feel free to contact our office through our website at http://www.cokerlegal.com.
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Collaborative Law is quickly becoming a preferred method for handling divorce and other family law matters in Denton County and, frankly, the rest of the world.
In this part of my 3-part post, I’ll give a general overview of how cases work, when handled collaboratively, in Texas. Obviously, like the stars in the sky, there are millions of variables from one family to another and one of the benefits of Collaborative Divorce is that these variables can be handled in a way that is best suited to the party, best preserves the family relationship and protects the kids, and best preserves the parties’ marital estate.
Normally, if, after a consultation with one of our attorneys, a party wants to file for divorce and attempt to pursue it collaboratively, we will prepare and file a Petition for Divorce. Normally, we mention in our Petition that the party is interested in using Collaborative Law, and we attempt to make the Petition as non-confrontational as possible. We usually send that Petition, along with information about Collaborative Law, to the other party and hold off on having that party served. The idea is to encourage the other party to learn about the process and seek out a collaboratively trained lawyer, which is normally necessary if the case is going to proceed collaboratively. At our office (Duane L. Coker & Associates, P.C.), all of our lawyers are trained and experienced at resolving cases using Collaborative Law.
Next, assuming that the parties both hire collaborative lawyers, and agree to explore using Collaborative Law, the lawyers and clients meet to review and enter into, if acceptable, a Collaborative Law Agreement. This agreement sets out the terms and conditions governing the process, including big things like an agreement not to seek, or threaten to seek Court intervention without formally leaving the process and an agreement that, should the parties not be able to settle their differences collaboratively, the collaborative attorneys will withdraw and the parties will be required to hire new litigation attorneys for the case. Regarding this last part, most collaborative lawyers can and do handle litigation matters, however, the general consensus is that collaborative attorneys should not represent their client against the other party in litigation. There are a number of reasons for this, but, in my opinion, the most important one is that it assures that everyone is invested in the process and working toward a successful collaborative conclusion to the case – after all, if the process is unsuccessful, the attorneys are out of a job!
Often at this first meeting, and subsequent meetings, the parties elect to have a financial professional, like a CPA, and a communications coach, present to assist in the process. In Texas, we almost exclusively use this “team model” collaborative approach and often find that it results in a better outcome for the parties and an actual overall cost savings. I’ll discuss the collaborative team in future posts.
Finally, as the process proceeds, the parties will exchange full and complete information, develop options for resolving their differences, and, hopefully, reach agreements. At that point, the attorneys will work on the Final Decree of Divorce, and other closing documents, and, once the parties have reviewed, revised, and signed these documents, they are ready to be presented to the Court. Under Texas law, once the Court is initially notified that the parties have elected to use Collaborative Law to resolve their divorce case, the Court has to give the parties time to work on the case.
I’m a charter member of the Collaborative Law Institute of Texas. Their website contains a lot of additional information regarding Collaborative Law, and how it is similar to and different from more traditional, litigation-oriented approaches. You can find that information here. For more information feel free to set a consultation with one of our attorneys by contacting us at Duane L. Coker & Associates, P.C. You can also check out one of the following books:
Stay tuned for the last post in this series, which will discuss the Texas, or team, model, the roles of the various professionals, and questions many folks have about Collaborative Law.
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Duane L. Coker & Associates, PC