How Texas Handles Out of State Parental Relocations

Out Of State Child Custody Laws In Texas

It’s not uncommon for custodial and non-custodial parents to relocate out of state due to employment opportunities or family obligations. However, when parents relocate out of state, a Texas family law court must determine whether the move is in the best interests of a child. For this reason, the relocating parent – whether he or she has custody of a child or not – must prepare a post – divorce modification asking the court to approve the relocation. In general, the court will evaluate the following issues in a proposed parental relocation:

  • Parental reasons for a relocation
  • The degree to which a non-custodial parent is involved in a child’s life
  • How close other family members are to the proposed relocation
  • Barriers involved in honoring parenting time rights and obligations
  • Access to education and places of worship
  • The degree to which a child’s involvement in extracurricular activities will be affected
  • Access to medical care, especially if a child has a medical condition that requires special care
  • The preferences of the child

Relocating Out of State – What’s Involved

In the state of Texas, a custodial parent is required to give a non-custodial parent a 60-day notification of their intention to move. By law, a relocation notification must include the date of the move and the address of the custodial parent’s new location. The court will then consider whether or not the move is in the child’s best interests by evaluating a number of factors, as indicated above.

If the court has any reason to believe the custodial parent is simply trying to get away from their ex-spouse or the non-custodial parent, it’s unlikely the relocation will be approved. While it might be surprising to some, the courts are quite effective in ferreting out whether a relocation is simply a bid to get away from an ex the custodial parent wants out their child’s life.

What happens to Parenting Time Schedules after a Parental Relocation?

If the court approves a parental relocation, parenting time and visitation schedules will change as a result. In general, if parents are able to work out the specifics of how parenting time will be allotted, parents can save themselves time and money by avoiding a bitter court battle. Additionally, negotiating the terms of a new parenting time schedule avoids having the court impose terms neither parent finds satisfactory. Here, it’s important to think about identifying terms that are mutually agreeable to everyone involved while promoting the best interests of your child.

Thinking of Relocating? Contact Dallas, Texas Family Law Attorneys

Regardless of whether you’re thinking of relocating after a divorce or need to modify an earlier divorce agreement due to a job opportunity in another state, we can help. To discuss your case and learn more about the legal options available to you, contact Dallas, Texas parental relocation attorneys at the law office of Dement Roach & Stern, PLLC today.

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admin, April 29th 2011 | Tags: ,
Posted in divorce, family law

Understanding Child Support in Texas

Child Support Texas Lawyer

In the state of Texas, a mathematical formula detailed in Title V, Chapter 154, of the Texas Family Code, determines how much child support a child will receive or a parent is obligated to pay. The statute provides for a number of factors that can affect how much child support is paid, as well as when child support obligations end, when wages can be garnished, how retroactive child support is handled, and when medical coverage for a child must be provided. If illness or loss of employment creates a need to modify court ordered child support payments, a court must first approve of a child support. Should a parent required to pay child support reduce or stop the amount ordered without a court – approved modification he or she can be held in contempt of court.

How is Child Support Calculated in Texas?

In order to determine how much child support a parent will be ordered to pay, his or her gross income must first be calculated. However, the insurance premium for your child, your federal income tax withholding as a single filer, and 100% of Social Security withholding can be deducted from your gross income. This number represents your net resource. Child support is then determined by multiplying your net resource by the following percent, based on how many children you have:

  • 1 child = 20%
  • 2 children = 25%
  • 3 children = 30%
  • 4 or more = 35%

According to the Texas Family Code, child support payments are limited by capping the amount of net resource that can be used to calculate child support. Here, it’s important to talk to an experienced child support attorney to determine how much support you may be ordered to pay or how much your child will receive if you are the custodial parent.

Substantial Changes in Material Conditions – Child Support Modifications

When illness or job loss creates a substantial change in either the custodial or non-custodial parent’s material circumstances, the court may approve of a change in child custody payments. Since child support does not pay for even half of a child’s needs, it’s not uncommon for a sick or unemployed custodial parent to request more child support until he or she is back on their feet. Alternatively, if a non-custodial parent is no longer able to pay the support ordered, the court may reduce the amount he or she must pay if a substantial change in one’s financial situation can be documented.

Paternity and Child Support

If paternity can be established for a child, the court can order the father to pay child support. If the putative father is unwilling to cooperate, a court can order a DNA test to confirm or exclude paternity. Once paternity is confirmed, the father can be order to pay continuing and back-owed child support. However, once paternity is determined, the father can assert parenting time rights.

Contact Dallas Child Support Attorneys at Dement Roach & Stern, PLLC

Regardless of whether you’re facing divorce or in need of a post-divorce child support modification, we can help. To learn more about our practice or child support requirements, contact Dallas, Texas child support attorneys at Dement Roach & Stern, PLLC today.

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admin, March 29th 2011 | Tags: , ,
Posted in divorce, family law

A Car Accident Checklist: Keep This in Your Glovebox

If you have been involved in a motor vehicle accident, you may be uncertain what steps to take to best protect your rights. Simply being in an accident can cause stress, anxiety or panic, causing you to lose focus on what you need to do to safeguard your interests. This article provides a resource to help you ensure that you have followed the procedures necessary to help you get full and fair compensation for your injuries.

Step One: Assess the extent of any injuries to you or your passengers. Determine if everyone in your car is conscious and able to move under their own power. If someone is unconscious, leave them where they are until medical assistance arrives. If anyone has an injury that has rendered them unconscious or unable to move, call 911 immediately.

Step Two: Move your vehicle out of the way of traffic, if possible. Leaving your vehicle in traffic can expose you to the risk of further injury. Your safety is paramount—the accident can be reconstructed later. If you cannot move your vehicle, turn on emergency lights, set up road flares and take action to warn oncoming vehicles.

Step Three: Contact the police and file a report. Call 911 to report the accident. Wait until the police officers arrive and provide them with an accurate account of what happened. Before they leave, obtain their names, badge numbers and the jurisdiction in which they work.

Step Four: Gather information from other drivers. Ask any other drivers involved in the accident to provide you with the following information
• name
• address
• telephone number
• auto insurance provider
• auto insurance policy number

Also note the following information:

• the date and time of the accident
• the make, model, year and color of the other vehicle
• the license plate number for any other vehicle involved

Step Five: Take Pictures of the Accident Scene. If you have a camera on your phone, use it to take pictures of all vehicles involved in the accident. Also take pictures of the scene of the accident, making certain to include traffic signs or signals, skid marks and any property damage.

Step 6: Keep a Tight Lip. Often, in the aftermath of an accident, you can have a lot of nervous energy and find yourself wanting to tell your story to anyone who will listen. Don’t do that. Answer the questions asked by police officers clearly and succinctly, but don’t volunteer any information. Anything you say may be brought into evidence and could be damaging to your case.

Step 7: Get the Medical Care You Need. When you leave the scene of the accident, you may want to go immediately to the hospital or to a clinic to have your injuries evaluated. If your injuries don’t appear to be serious, you may want to schedule an appointment with your doctor. You should do so immediately, so that you have documented evidence of all injuries.

Step 8: Contact an Experienced Personal Injury Attorney. Even before you talk with your insurance company, you should contact a lawyer, if at all possible. Insurance companies have a vested interest in paying as little as possible to settle your claim. An attorney will work directly with insurers to help you get all the benefits you paid for and deserve.

Step 9: Contact Your Insurance Provider. Notify your automobile insurance provider of the accident.

Many attorneys and other professionals are book-smart. But as you know, you also need old-fashioned common sense applied to every situation as part of determining how to best handle a particular situation. For example, although you may be technically right that the souvenir ashtray you picked up on your recent trip should be your property in a divorce, it makes no sense to pay a lawyer hundreds of dollars to fight over an ashtray you could replace for $3.95 – common sense.

With offices in Plano and Dallas, the Trial Lawyers at Dement Roach & Stern, PLLC have that common sense, coupled with experience and personal service. We have been representing clients throughout Dallas County, Denton County, Collin County and the surrounding areas since 2002. With over 20 years of combined experience, we employ a collaborative approach to problem solving that gives you the full benefit of our combined experience, knowledge and common sense. We tailor solutions to fit your unique circumstances.

Although we have extensive trial experience, we are equally adept at skillfully negotiating settlements. In fact, we believe our willingness to go to trial leads to better settlement offers and plea agreements.

We will also take the time to understand your matter and explain your options to you. We welcome questions, and may not always provide you with the answers you want to hear, but they will be answers containing the information you need to make informed decisions. We are here to guide you and advise you, and we will do everything our power to bring about the best possible results for you.

Contact an Experienced Dallas / Plano Trial Lawyer Today

We invite you to contact one of our experienced Personal Injury Attorneys and discover why we have earned a reputation as one Texas’ leading law firms. Call us at 214-272-9429 or fill out our online intake form and we will contact you.

Your future and your legal matter are too important to trust to a less experienced law firm. Contact attorneys with experience and common sense; discover the DR&S difference today.

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With offices in Dallas and Plano, Texas, Dement Roach & Stern, PLLC represents clients throughout Texas in family law and divorce, criminal defense and catastrophic injuries, including clients throughout the communities in and around Dallas County, Denton County and Collin County including the following cities: Dallas, Grand Prairie, Fort Worth, McKinney, Plano, Frisco and Denton, TX.
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admin, September 14th 2010 | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
Posted in catastrophic injury

Barnett Shale drilling possibly linked to water contamination

If you live in or near the Dallas – Fort Worth area, you are no doubt aware of all the exploration, drilling and production of natural gas from the Barnett shale over the past several years. Few people, though, know about the process used to extract the gas from the rock formations through well bores drilled deep into the earth. Like me, most people are probably vaguely familiar with the old pump-jacks that dotted the Texas landscape in the 1970’s and 1980’s and pulled oil from wells that were typically drilled no deeper than 10,000 feet. Most of these wells were drilled vertically straight down and drew oil and gas from formations situated within a small radius of the well bore at the surface.

The gas wells drilled in the Barnett shale, Cotton Valley and Hainesville shales in East Texas and Louisiana and shale formations in Pennsylvania, the Dakotas and Wyoming, however, are very different from the old, vertical wells most of us grew up seeing. These wells are typically drilled vertical for several thousand feet and then angled to position the well bore horizontally for several thousand more feet within the bulk of the shale formation. When the well bore is drilled into the gas-containing shale, hydraulic fracturing is started to create breaks in the rock that allow gas to migrate from the rock and into the well for extraction.

While hydraulic fracturing has been around for over 60 years, the most recent controversy stems from possible contamination of water supplies from the chemicals used in the fracturing process or produced by the well that seeps into the water supply from the rock fractures created in the hydraulic fracturing process.

The information found at the links below discuss in more detail the complaints of residents who live near drilling activities and describe how Congress took the EPA out of the picture in 2005 for regulating hydraulic fracturing.

http://www.star-telegram.com/2010/07/01/2309237/denton-johnson-county-residents.html

http://gaslandthemovie.com/

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mdement, July 7th 2010 | Tags: , , , , , , , , , , , , , ,
Posted in Texas, barnett shale, dallas, fort worth

Goodyear Settles Harley Davidson Tire Blowout Case

Goodyear recently settled a lawsuit that claimed its tires were defective and that it caused a tire blowout on a Harley Davidson. The amount of the settlement was not disclosed. Goodyear likely settled before trial to risk a potentially adverse verdict by a jury.

Mike and Darla Green were riding their Harley Davidson along with two other couples from Illinois to Yellowstone National park in June 2007. During their ride, one of the riders behind the Greens noticed a smell of burnt rubber and that the back tire was getting flat.

After taking a break of lunch, the Greens’ Harley had a tire blowout causing Mike Green to loose control. The Harley fell on its side and through the Greens off itself.

Darla Green was taken by an ambulance to a hospital in Missouri. She underwent an emergency tracheotomy at the scene. At the hospital, she was diagnosed with a brain injury and a torn rotator cuff. She also experienced general loss of vision in both eyes, and had continued bouts of anxiety and depression.

Though Michael Green initially refused treatment for any injuries, he subsequently went to the hospital. There, he was given morphine for pain caused by the accident. He was eventually diagnosed with a meniscus tear in his right knee, which required two surgeries.

The Lawsuit

A suit was filed by the Greens in 2008 against Goodyear. The Greens alleged that their injuries were caused by Goodyear’s defective tires. Goodyear responded by claiming the Greens had overloaded the maximum weight for the motorcycle at the time of the incident and numerous times before the incident. Both plaintiffs weighed over 260 pounds at the time of the accident and were carrying luggage.

To support this claim, Goodyear alleged that the tire had only 1/16th of an inch of tread at time of the accident. According to Goodyear, this demonstrated that the Greens had failed to properly inspect the bike before operating it.

During the discovery process, Goodyear sought to provide the testimony of its plant manager, indicating that quality control processes were in place and that the Green’s tire had been properly inspected before leaving the plant.  This, they believed, would make it clear that the Green’s injuries were the result of their own negligence. The judge in the case ruled, however, that this testimony was inadmissible. The case settled shortly after this ruling.

Contact Dement, Roach & Stern
If you have suffered a personal injury because of the carelessness or negligence of another person, contact the experienced personal injury attorneys at Dement, Roach & Stern. For an initial consultation, contact us or call our office at 214-272-9429.

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admin, June 16th 2010 | Posted in Uncategorized

A Wrongful Death Attorney Will Be Able To Determine If You Have A Case Of Negligence

The loss of a family member is never an easy thing to deal with. It is particularly troublesome if you suspect that this person died unnecessarily. While death is never easily accepted there are situations where a person may have died as the result of negligence. If you suspect that this has happened to your loved one then you need to consider hiring a wrongful death attorney.

Wrongful death attorneys specialize in handling all the details that are involved in the legal pursuit of a wrongful death suit. These professionals are experienced at helping an individual sort out their emotions and their thoughts in an attempt to take the proper action. They will be able to determine if a wrongful death suit is justified. They believe that no one should have to deal with the repercussions of someone’s negligence.

Reputable wrongful death attorneys are trained to handle a situation delicately and take the events behind the death and examine the potential for a civil case. This is never an easy situation to face, you know the case won’t return the loss of the loved one you lost, and a wrongful death attorney realizes this as well. They will however know if you have grounds for a case.

Even if there is a case of criminal charges and this case comes back with the suspect being released of all charges, there may be grounds for a civil case. This type of situation occurred with the famous O.J. Simpson case. Just because there are not any criminal charges is not an indication that there won’t be civil charges.

Each state has different laws regarding wrongful death and the regulations pertaining to a civil suit that can be very complicated. So it’s a good idea to contact a reputable attorney to represent you. They will examine the issues involved with your case and determine if you have a case.

While nothing will return your loved one, including hiring a reputable wrongful death attorney, pursuing the individual that you feel may have been negligent may result in you being able to rest with the idea that they are being held accountable. Your situation is unique to you and your loved ones and it should be handled as such.

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glseo, May 19th 2010 | Tags: , , ,
Posted in wrongful death

Contact Us

Dement Roach & Stern, PLLC

Providing clients with Quality Representation throughout Dallas, Collin and Denton Counties Since 2002

If you have a serious legal mater, then you want serious legal representation. With offices in Dallas and Plano, the law firm of Dement Roach & Stern, PLLC is equipped to provide you with aggressive representation, accurate information and sound legal advice. We understand the stakes and we tailor your representation with a goal of bringing about the best possible result.

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Wrongful Death & Catastrophic Injury

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Contact Dement Roach & Stern, PLLC today by calling us at 214-272-9429 or filling our online intake form below and we will contact you. Your future is too important to trust to a less experienced law firm. Contact attorneys with experience and common sense; discover the DR&S difference today.

With offices in Dallas and Plano, Texas, Dement Roach & Stern, PLLC represents clients throughout Texas in family law and divorce, criminal defense and catastrophic injuries, including clients throughout the communities in and around Dallas County, Denton County and Collin County including the  cities of  Dallas, Grand Prairie, Fort Worth, McKinney, Plano, Frisco and Denton, TX.

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admin, April 7th 2010 | Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
Posted in Uncategorized
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