http://www.articletrader.com/ Articles at ArticleTrader en-us http://www.articletrader.com/legal/need-to-apply-for-divorce.html http://www.articletrader.com/legal/need-to-apply-for-divorce.html Wed, 21 May 2008 00:00:00 -0500 divorce can trigger financial hardship, emotional confusion, and lead to a feeling of hopelessness. Couples involved in a divorce proceeding need comfort and support from their friends, co-workers, and loved ones. In Travis County, Texas there are many resources available to those going through a divorce.

A divorce may take a long time to finalize and cost you a lot of money. Questions about the fees you will eventually pay to your attorney is just one of many questions you may have when looking for an attorney. The following is a list of questions that you might be on your mind:

1. Have I decided to get a divorce?
2. Once I have made a decision, where can I go to get a divorce?
3. Is there any information about Texas's divorce Laws?
4. What if I want to fight the divorce?
5. What if I refuse to sign the divorce paperwork?
6. What if I do not contest the divorce?
7. What happens to my children if we get divorced?
8. Who gets the car, house, or other property if we divorce?
9. Will I have to pay alimony if we get divorced?

The needs of the parties involved in a divorce proceeding will vary depending on the situation. A divorce becomes especially complicated when the couple has children, because of the custody issues that have to be dealt with. To protect your rights, it may be necessary to hire an attorney.

Divorce attorneys consult with their clients on a variety of different legal alternatives presented. They consult with their clients on the various alternatives open to them during the divorce proceedings. A divorce attorney may also recommend counseling, to those clients that are having a hard time dealing with the emotional trauma of a divorce.




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Stella janci is a legal journalist in Austin, Texas.
Stella Janci works with children, individuals, couples, geriatric patients, depression, bipolar, anxiety and substance abuse. Please visit http://www.lawyer-austin.net/ for any further information.


Source: http://www.articletrader.com ]]> http://www.articletrader.com/home-and-family/parenting/best-interests-of-the-child.html http://www.articletrader.com/home-and-family/parenting/best-interests-of-the-child.html Wed, 21 May 2008 00:00:00 -0500 best interests of the child. The Texas Family code provides that “the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.” Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) decided by the Texas Supreme Court 32 years ago, lists a set of factors that the courts have considered when determining the best interest of a child. A non-exhaustive summary of these factors include: the desires of the child; the emotional and physical needs of the child now and in the future; the emotional and physical danger to the child now and in the future; the parental abilities of the individuals seeking custody; the programs available to assist these individuals to promote the best interest of the child; the plans for the child by these individuals; the stability of the home; the acts or omissions of the parent which may indicate that the existing parent child relationship is not a proper one; and any excuse for the acts or omissions of the parent

The list I have provided in this blog is not complete and there are other factors considered in the determination of what is in the best interest of the child. As you noticed the desires and claims of the parents is not one of the factors on this list.

Expert witnesses or lay witnesses may be called to substantiate or to provide evidence that these factors do or do not exist, but it is well established that judges and jurors are the sole judges of credibility of the witnesses and the weight to give their testimony. I believe extra emphasis needs to be placed on the role of the judges and jurors in determining what weight to give the evidence.

Child custody issues can be extremely emotional and divisive! The more divisive the situation, the more expensive the suit affecting the parent-child relationship is going to be. If the parties agree can come to an agreement on their child custody issues, they have more control over the outcome of the suit, subject to the approval of a judge. On the other hand, going to trial, they put their lives and the lives of their children into the hands of the trier of fact, be it a judge or a jury!






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Stella janci is a legal journalist in Austin, Texas.
Stella Janci works with children, individuals, couples, geriatric patients, depression, bipolar, anxiety and substance abuse. Please visit http://www.lawyer-austin.net/ for any further information.


Source: http://www.articletrader.com ]]> http://www.articletrader.com/society/divorce/temporary-relief-under-the-texas-family-code.html http://www.articletrader.com/society/divorce/temporary-relief-under-the-texas-family-code.html Wed, 21 May 2008 00:00:00 -0500 divorce proceeding or suit affecting the parent-child relationship are going to have three kinds of relief in family law cases: temporary restraining orders, or “TRO’s”, temporary injunctions and temporary orders.

Temporary restraining orders are used to maintain the “status quo.” Under the Texas Family Code, a temporary restraining order may be granted ex-parte without notice to the other party for a period of 14 days. (Ex-parte refers to a situation where only one party appears before the judge.) The petition or motion must “state what relief the court is being asked to grant.” Furthermore, the petition or motion must state the statutory grounds on which the request is based. By preserving the “status quo,” the temporary restraining order may stop a party from doing some act. For example: a husband and wife own a house in Austin, which is located in Travis County, Texas. The husband is filing for divorce, but is afraid that his wife is going to reduce the value of the house or other household property. The husband may ask the Travis County Court for relief by asking the court to temporarily restrain his wife from intentionally, knowingly, or recklessly destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of the parties, etc. In Texas, a temporary restraining order may be employed in combination with a suit for dissolution of a marriage, (a.k.a. divorce) or in a suit affecting the parent-child relationship. A temporary restraining order may be employed to protect a child’s safety and welfare, the preservation of property, or to protect one of the parties.

While a temporary restraining order generally refers to an ex-parte request to maintain the “status quo” for a short duration of time, a temporary injunction is used to maintain the “status quo” until the case is resolved. In other words, a temporary injunction is used to stop a party, (either husband or wife) from doing some “specified activity” until the case is resolved. A major difference between the temporary restraining order and a temporary injunction is that a temporary injunction requires notice and a hearing before the Texas court can grant relief. As I said, generally, the temporary injunction is going to remain in effect until there is a final judgment. However, the temporary injunction may be lifted by another order by the court. Typically, a temporary injunction is used to extend an already existing temporary restraining order.

Temporary orders are regarded differently than temporary restraining orders and temporary injunctions. Temporary orders are regarded as “non-injunctive” in nature. While, temporary orders are regarded as “non-injunctive” they may have some mandatory or prohibitory effects. For example, if one of the parties (either husband or wife)to a suit-affecting the parent-child relationship wants possession and access to a child that constitutes a departure from Standard Possession Order that party must present evidence to the court to justify this variation. One factor to be considered by the court is the child’s age. If a child is under the age of 3 then the court may deviate from the Standard Possession Order. That being said, the best interest of the child standard is going to be the courts chief concern when determining conservatorship, possession or access to the child. Furthermore, the parties to a suit affecting the parent-child relationship may request the court to grant an order that echo’s an agreement entered into by the parties.


Disclaimer: This site and any information contained within this site is intended for informational purposes only and should not be construed as legal advice. The excerpts taken from the Texas Penal and Family Code, and other Texas Codes are not all-inclusive. Furthermore, due to the rapidly shifting nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content at this site. Do not attempt to interpret the law. You should consult an attorney for advice on any legal matter.



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Stella janci is a legal journalist in Austin, Texas.
Stella Janci works with children, individuals, couples, geriatric patients, depression, bipolar, anxiety and substance abuse. Please visit http://www.lawyer-austin.net/ for any further information.


Source: http://www.articletrader.com ]]> http://www.articletrader.com/writing/public-speaking/public-intoxication.html http://www.articletrader.com/writing/public-speaking/public-intoxication.html Wed, 21 May 2008 00:00:00 -0500 1. A person.
2. That was in a public place.
3. That person was intoxicated.
4. The person was intoxicated to the degree that they may be a danger to themselves or others.

“Public place” within the meaning of the public intoxication statute is defined as any place to which the public or substantial group of the public has access, and includes but is not limited to streets, highways, and common areas of schools, hospitals, apartment houses, official buildings, transportation facilities, and shops, and a place may be a public one or not according to the circumstances. V.T.C.A., Penal Code §§ 1.07(a)(29), 42.08(a).
One common question is what if an intoxicated person is in their own front yard? If a person is sitting in their own front yard, is that considered a public place according to the public intoxication statute? The state could argue that yes, “a place may be a public one or not according to the circumstances.” How you might ask? Well, does a mail man have access to the front door of your house? Or how about a pizza delivery person? Would you call the police if someone walked across your front lawn? Would you be upset if a member of the general public walked up to your front door without being invited?

The truth is that most of us would allow certain people onto our property under limited circumstances as stated above, but would you allow “the public or a substantial group of the public in to your front yard”? I would argue that the public or a substantial group of the public does not have a right to come onto my front porch.

The Texas Penal code defines "Intoxicated" as not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more. Intoxication alone is not enough to convict a person in Texas for public intoxication. In order to have public intoxication, not only must someone be “intoxicated,” but they must be “intoxicated” to the degree that they may be a danger to themselves or others.

If someone gets arrested or ticketed for Public Intoxication in Travis County or anywhere in Austin, Texas they may go to one of several different courts to fight their case.
1. The Downtown Austin Community Court: if a person is arrested in downtown Austin, (6th street), the warehouse district, and possibly as far away as west campus you are likely going to the downtown Austin community court.
2. Austin Municipal Court
3. Travis County Justice of the Peace precinct 1
4. Travis County Justice of the Peace precinct 2
5. Travis County Justice of the Peace precinct 3
6. Travis County Justice of the Peace precinct 4
7. Travis County Justice of the Peace precinct 5


Disclaimer: This site and any information contained within this site is intended for informational purposes only and should not be construed as legal advice. The excerpts taken from the Texas Penal Code, and other Texas Codes are not all-inclusive. Furthermore, due to the rapidly shifting nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content at this site. Do not attempt to interpret the law. You should consult an attorney for advice on any legal matter.










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Stella janci is a legal journalist in Austin, Texas.
Stella Janci works with children, individuals, couples, geriatric patients, depression, bipolar, anxiety and substance abuse. Please visit http://www.swayzelawoffice.com
for any further information.



Source: http://www.articletrader.com ]]>