Monthly Archives: June 2012

My Ex Isn’t Paying Child Support. Do I Have to Let Him/Her Visit the Children?

Yes.  Under the Texas Family Code, child support and visitation are considered separate issues.  Just as one parent is ordered to pay child support, the other parent is ordered to allow visitation.  And just as your ex could be held in contempt and jailed for failure to pay child support, you could be held in […]

Life Without Parole for Juvenile Offenders

The US Supreme Court recently ruled that mandatory life sentences for juvenile offenders are unconstitutional. Grits for Breakfast discusses the implications of that ruling on Texas.

CPS Is Investigating Me. Do I Need A Lawyer?

Yes.  Child Protective Services (CPS, now called the Department of Family and Protective Services or DFPS) has the power to remove your children from your home and place them with another parent (even one who does not have custody), another relative or in foster care without a court order.  Much like in a criminal case, […]

Can I Do My Own Divorce?

I always like to say that as a general rule, if you wouldn’t take out your own appendix you probably should not do your own divorce.  Having said that, IF you and your spouse are in total agreement and IF you have no children together and IF you have no community property (such as vehicles, […]

Do I Have To Talk to the Police?

No.  If you are pulled over while driving, you are required to provide your driver license, proof of insurance and registration.  Otherwise, if you are detained by an officer for questioning, you are required to identify yourself and provide proof of your identity.  DO NOT LIE TO THE POLICE ABOUT YOUR IDENTITY.  It’s a crime […]

Who Watches the Watchmen?

Another day, another wrongful conviction overturned in Texas due to prosecutorial misconduct.  And consider this: every single one of these cases represents not one but three miscarriages of justice, first for the wrongfully convicted who spends years or even decades in prison for a crime he did not commit; second, it’s a miscarriage of justice […]

Do I Need A Will?

Yes.  Many people make the mistake of thinking that you don’t need a will unless you have a lot of money or property.  In fact, a will is the only legal means by which you can communicate to your loved ones what you want to happen after you pass away.  Wills are especially important for […]