FOR YOU CONSPIRACY THEORISTS

Posted on February 20, 2012 by glmain

I have been checking the Texas legislature’s online statutes weekly since Governor Perry signed Senate Bill 785 into law on May 12, 2011. That new DNA testing law gives most men paying child support in Texas for children that are not theirs until September 1, 2012 to file for a DNA test. As of today, February 20, 2012, the official Texas online statutes don’t reflect the changes that went into effect May 12, 2011. The clock is ticking and most people not only don’t know about it, they couldn’t find out about it even if they tried. There is a link to the new statutory language on my web site.

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What to do now.

Posted on February 20, 2012 by glmain

By now you know about the recent change in Texas law allowing you to request a DNA test to terminate your child support. If so, you’re probably asking, what do I do now.

Let me start by saying that if money is not an issue, then go see a lawyer now. If a couple of thousand dollars is walking around money, don’t wait. Go hire a lawyer. That said, while I support full employment for lawyers, if money is an issue I’m not going to tell you that you have to run out and hire one right off the bat. For the more frugal of you, my suggestion is that you collect a DNA sample from the child, and get it to a DNA testing lab with a sample of your own DNA.

Lots of you probably watch CSI. I’m here to tell you that they really can get the child’s DNA off his baseball cap or his sox, or off the rim of the water bottle he drank just before he went back to mom’s house. Just put it in a plastic bag and don’t contaminate it with your own DNA. This test will cost you about $300.00. It won’t be admissible in court, but it will let you know if the money for a lawyer and court ordered test will be money well spent or money thrown away.

Even cheaper still is a test kit you can buy at your local chain pharmacy. In my area CVS, Walgreens and most of the grocery store pharmacies all carry a DNA Paternity Test kit from a company called Identigene. They charge $29.00 for the kit and then you send in another $129.00 lab fee for the actual test. This test won’t be admissible in court either, but it is even cheaper than the first one. The down side of the Identigene test is that you collect the sample by swabbing the child’s cheek inside their mouth, and more often than not when the child goes home and tells mom about the mouth swab, she may become very irritated. (Intentional understatement.)

With either test, if the results come back that the child is not yours, then HIRE A LAWYER PRONTO!

I don’t generally suggest you go see a lawyer first except if you don’t have access to the child to perform the cheaper test. Further, I don’t want you to incur the cost of the more expensive tests and the lawyer fees that go with it until we have some evidence it is going to be money well spent. In a quarter to a third of the cases, the child turns out to really be yours.

If you like the CSI approach. There is a link below to a testing provider I know does that test. They will give you a discount and provide the testing for $300.00, but you may have to tell them you saw that rate here.

So to recap: my advise is to head to the pharmacy, send in the test, and when you have the test results, then call a lawyer.

One last thing. In most cases, evidentiary issues will prohibit the first test results from being used in court. Know that and accept that ahead of time. Don’t expect otherwise.

So don’t procrastinate. The window of opportunity is closing rapidly. For most men, September 1, 2012 is going to be the deadline for filing. After that, for most people it is going to be too late.

Forensic DNA and Drug Testing Services: http://www.forensicdrugtesting.net

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VALENTINES DAY AND DIVORCE?

Posted on February 14, 2012 by glmain

Fact: Dallas vies with Las Vegas and Los Angeles annually for the highest divorce rate on the planet. So this blog sometimes feels like I am writing Postcards from the Edge.
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Whether you’re 8 or 80, consciously or unconsciously Valentines Day is a time of reflection on your relationship with your significant other. Think back. How many times have you had a relationship end shortly before or after Valentines day?

I remember back in the 7th grade, the first girl I ever went steady with broke up with me after Valentines Day. Her best friend told me she didn’t break up with me before Valentines Day because she heard about the big teddy bear I bought her, and she wanted it. Cynthia Green, if you’re out there, 45 years later – I’m okay, I really am.

Over the decades, that pattern repeated itself several times. My wife has a different story. She says the boys always broke up before Valentines day to avoid having to buy Valentines Day presents.

Why, you may ask, is there a noticeable increase in divorces filed after Valentines Day? Thirty years of dealing with divorces tells me that, for the most part, it is all about faith and hope. Either you have faith that your spouse really is the one for you – or you don’t. Either you have hope that they will become the person you want in your life – or you don’t.

In some cases people have met their next Mr. or Mrs. Right, and the pain of not being with them on Valentines Day gives them the resolve to go ahead, bite the bullet and file for divorce, hoping that next year they will be with the one they REALLY love!

On the other side, a lot of the cases filed after Valentines Day reflect a loss of faith and a loss of hope: loss of faith in their spouse’s character-some might call it a loss of trust-and a loss of hope that the character defects, whatever we perceive them to be, will ever change.

There is a lot of talk in politics today about hope and change. Frank Luntz wrote a book a few years ago entitled Words That Work. Hope and change are words that work. Why do they work? Because we all want hope and change. Since America is largely a country of immigrants, if there is one thing immigrants have in common it is a strong desire for hope and change. Strong enough to have them risk their lives for it. No matter what we have, every American shares a hope to have more of whatever we perceive to be good.

When we quit hoping this is the ship that is going to get us where we want to go, we get off the ship.

So what’s the answer? If issues surrounding our faith and hope are part of the problem, then faith and hope have to be part of the solution. That faith cannot be in someone else. It has to be in ourselves or in a God, however we perceive him. That faith becomes the foundation of our hope; not some other person.

With faith and hope, we are free each day to CHOOSE to love another person. After a lot of years, I have come to believe that love is not so much a feeling as a choice we make every day. For the biggest part of our lives we just don’t realize it is a choice, and we certainly don’t know why we are making the choice we are making.

Though I believe we may have a genetic predisposition for hope and change, My sense is that our culture and our advertising have exacerbated that by constantly telling us what we are “entitled to.” Think about it, is there isn’t a billboard on your way home telling you “you deserve” something? If not you live closer to work than the rest of us. Adds on TV, billboards, adds on the internet all tell us about all the great things in life we “deserve”. The aforementioned Frank Luntz lists “You deserve” as one of the 11 phrases for 2011. Unfortunately, when we start buying into that propaganda without first examining our own lives, we create more misery in our own lives and in the lives of those around us.

My next blog is going to be on the mistake of divorcing a 95%’er.

Then my following blog will be based on a saying by William Saroyan. He said, “Good people are good because they’ve come to wisdom through failure.” So is divorce synonymous with failure; or is the real failure just not trying?

The Law Office of Dennis Fuller is located in Dallas, Texas. Mr. Fuller provides quality family law representation to his clients in all areas of North Texas, including Dallas, Fort Worth, Denton, McKinney, Frisco, Richardson, Addison, Plano, and throughout Dallas, Collin, Denton, and Tarrant Counties, Texas. To speak with Dennis Fuller about your legal concerns, contact us at 972-852-8500 to schedule an appointment today.

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New Texas Statute for DNA testing

Posted on December 30, 2011 by glmain

It happened to Justin Bieber in November. A mentally unstable woman, with multiple sex partners (that didn’t include Justin), lied and said he was the father of her child. Justin didn’t take that allegation lying down. His team jumped on it and forced a quick end to the lies. But what happens when you don’t have any money, or worse yet, when you want to believe it really is your baby.

We hear a lot about “deadbeat dads.” A whole industry has grown up around forcing dads to pay child support. But if a woman lies and says you are the dad when you’re not, the same institutional machinery that grinds up and spits out deadbeat dads can steamroll right over the wrong guy and his entire real family.

Read More

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New Use for Premarital Agreements

Posted on December 30, 2010 by glmain

The recent news story of the prosecution of Leon Walker in Michigan for accessing his wife’s password protected email account to confirm his suspicions of her infidelity raises many questions. Representatives of law enforcement often lobby for broadly worded statutes, and state legislatures often go along with those requests trusting that prosecutors will exercise discretion in choosing which cases to pursue. There are several other examples of statutes that come to mind where prosecutors might arguably chose to enforce broadly worded laws in surprising ways.

In my practice, I see many cases where a spouse suspects infidelity. Computer forensic analysis has expanded beyond law enforcement into the realm of family law. I am seeing more and more cases where a spouse’s suspicions of infidelity have been confirmed by the other spouse’s email, text messages and cell phone records. I have even had cases where clients checked toll road charges to loosely track the date and location of a spouse’s activity.

The Walker case brings to mind a solution that is available to couples in Texas under Family Code Section 4.003(8). Premarital agreements are highly favored in Texas courts, and they can cover a broad range of topics. If you want to be sure you don’t end up in Mr. Walker’s shoes being prosecuted for a crime, a premarital agreement could include a provision authorizing both parties to access the other’s personal computers and email accounts. The provision could include safeguards and limitations on what use could be made of the information obtained. If your intended spouse doesn’t want to sign such an agreement, you may want to discuss with them their reasons and then consider your options.

The Walker case is an excellent example of why the public (and legislatures) should jealously guard our freedom by demanding that criminal statutes be worded narrowly so that it is not possible for a prosecutor to decide out of the blue to apply a statute to action not previously contemplated to be within the scope of the prohibited conduct. While we may legitimately disagree on what the law should be (and I believe it should be debated and resolved, if, as a society, we have reached the point where we value our individual privacy rights over anything else except national security) then at the very least we all need to be placed on notice of that fact by explicit wording in our criminal statutes. Our freedom is too important to be left open to someone’s interpretation; because the interpretation you get in one county may be very different from the interpretation you would get in the next county seat just 30 miles up the road.

We are available to discuss your case, so do not hesitate to call us at (972) 852-8500, or contact Sharon via email at Sharon@DFuller.com. We have represented clients in Dallas and Ft. Worth, McKinney and Denton, Greenville and Rockwall, Tyler and Longview, Marshall and Carthage, Houston and Galveston, Corpus Christy and El Paso, Alpine, Midland, Denton, TX and Sherman, Austin and Waco, Hillsboro, Waxahachie, Cleburn, Glen Rose, and even Santa Fe and Tulsa.

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Protecting Your Business During a Divorce

Posted on November 18, 2010 by glmain

In Texas, a business started during a marriage using joint funds is considered community property. As such, its assets are subject to division in the event of a divorce. In cases where a business was funded and started by one spouse before a marriage took place, the matter becomes more complicated. Even though the business was started with separate funds, if it was expanded with joint funds or appreciated in value due to the help of the other spouses, how assets are divided involves a number of considerations. Even in cases where only one spouse runs a business started with separate funds, the court may decide a marital interests exists, apportioning some of a closely held business’ assets to a non-owner spouse.

If both spouses contributed assets or work to a business, the court will consider other issues such as the financial contribution of each spouse, whether it was operated primarily by one spouse or equally by both, and who is legally authorized to contractually bind the business. If you are the primary business operator, even if you have to divide your business assets, at least you won’t have to dissolve your business and start over.

Our Business was Operated and Owned 50-50: What are My Options?

If you and your spouse can continue working together in your business, you may not need to worry about dividing certain assets, dissolving your business, or selling a portion of it. However, if you cannot agree to work together or your spouse wants out of the business, your options involve the following:

  • Sell the business and divide the profits
  • Keep the business and buy out your spouse’s interest
  • Keep the business and offset the portion your spouse is entitled to with other assets from your marriage

In regard to the last option, you could allow your spouse to keep the family home or any money you have in joint savings accounts or investments. Of course, if you expect your business to grow in value, this will have to be taken into account when determining how to offset its value with any property you can lay claim to from your marriage.

Business Buyouts and Divorce

Your spouse may agree to be bought out from his or her interest in your business. Here, it’s important to determine what your articles of incorporation and company bylaws state since others may have a legitimate legal interest in what happens. If you or your spouse elects the buyout option, there shouldn’t be any tax consequences as a result.

Contact Dallas Divorce Attorney Dennis A. Fuller for more Information

Evaluating a business is a complicated and involved process. Regardless of what you and your spouse ultimately decide, it’s important to have an accurate business valuation in relation to the division of your marital property. When evaluating businesses, there is a market, asset, and income approach that must be properly executed. At the Law Office of Dennis A. Fuller, we understand the issues involved and how to ensure our client’s financial and legal interests are protected. For more information, contact Dallas, Texas divorce attorney Dennis A. Fuller today to learn how we can help you.

The Law Office of Dennis Fuller is located in Dallas, Texas. Mr. Fuller provides quality family law representation to his clients in all areas of North Texas, including Dallas, Fort Worth, Denton, McKinney, Frisco, Richardson, Addison, Plano, and throughout Dallas, Collin, Denton, and Tarrant Counties. To speak with Dennis Fuller about your legal concerns, contact us at 972-852-8500 to schedule an appointment today.

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How to File for Divorce in Texas

Posted on November 18, 2010 by glmain

The Petition for Divorce

In order to file for divorce in Texas, one of the divorcing spouses must have lived continuously in Texas for at least the last six months and have been a resident for at least 90 continuous days in the county where the divorce petition is filed. Typically, after the Original Petition for Divorce is filed, the non-filing spouse is served with divorce papers shortly thereafter. At the time of filing, temporary orders can be requested by either party in order to separate both parties financially, ensure certain child custody or visitation rights, provide for the support of a non-working spouse, extend medical coverage benefits, or address other needs unique to the parties involved.

Temporary Restraining Orders and Filing for Divorce

If the person filing for divorce has reason to fear reprisal or senses the possibility of certain threats, he or she can request a temporary restraining order at the time of filing as well. Two weeks later, a hearing will be held to determine if the restraining order needs to be extended. If a restraining order is granted, the restrained person must relinquish his or her firearms and vacate any shared living space with the protected person. If children are involved, the court may allow for some kind of visitation.

When a Restraining Order is not Necessary – The Process of Discovery

If a restraining order is not requested, the non-filing spouse has twenty days – plus the following Monday – to respond to the divorce petition. Afterwards, each party participates in the process of discovery. During discovery, certain kinds of information must be provided and shared by the parties. For example, a full financial disclosure on the part of both spouses is required, in addition to answers to certain questions put forth by each party’s attorney. Depositions may also be involved, requiring each party to answer questions under oath.

Reaching a Divorce Settlement

After the process of discovery is successfully completed, the parties and their attorneys will work towards a divorce settlement. If the parties involved are able to reach terms they both agree to, one of the attorneys will create an Agree Decree of Divorce listing the terms of the divorce settlement. Both spouses and their attorneys must sign the Decree before it is submitted to a judge for approval.

When a Divorce Settlement cannot be reached

If a divorce settlement cannot be reached, a trial date will be set. However, under Texas state law, both spouses are required to enter into mediation first. Almost all communications during mediation are confidential and cannot be used later at trial against one spouse or the other. Mediation provides an excellent opportunity for the parties involved to reach an agreement on child custody, visitation schedules, the division of marital assets and debts, and other issues. If an agreement is not forthcoming, the divorce will go to trial where a judge will determine how child custody, visitation, marital debts and assets, and other matters will be handled. Typically, it takes at least 60 days for a divorce to become final after the divorce petition is filed.

Medical Coverage, Support, and other Issues

Under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), a ex-spouse can be carried under his or her former spouse’s medical coverage for up to three years after a divorce. Additionally, under the law, the spouse with medical coverage can be ordered to pay for the coverage of their ex-spouse. Further, the court may order a former spouse to pay alimony or spousal support for a period of time. However, while divorce in Texas is “no-fault,” if there is a reason for the divorce this can affect the “equitable” division of marital property.

For more Information, Contact Dallas Divorce Attorney Dennis A. Fuller

There are a number of financial and legal issues that must be addressed in a divorce. To protect the interests of you and your children, contact Dallas, Texas divorce attorney Dennis A. Fuller today to learn how we can help you.

The Law Office of Dennis Fuller is located in Dallas, Texas. Mr. Fuller provides quality family law representation to his clients in all areas of North Texas, including Dallas, Fort Worth, Denton, McKinney, Frisco, Richardson, Addison, Plano, and throughout Dallas, Collin, Denton, and Tarrant Counties. To speak with Dennis Fuller about your legal concerns, contact us at 972-852-8500 to schedule an appointment today.

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Child Visitation Rights in Texas

Posted on November 18, 2010 by glmain

As part of any divorce or paternity case, parental rights to visit their children must be addressed by the court. In cases where parents are able to reach an agreement on their own, possession orders can be customized to meet the unique needs of parents and their children. If parents cannot reach an agreement on their own, the court will determine custody and visitation rights as part of a divorce settlement. Under Texas state law, non-custodial parents have a right to parenting time – sometimes referred to as “visitation” – with their children.

In most cases, non-custodial parents have what is called a standard possession order that indicates his or her visitation rights. While each case is different, in general, a standard possession order in Texas includes the following possible schedules for parenting time:

  • Children can stay every Thursday night from 6 pm to 8 pm at the home of their non-custodial parent. They can also elect to stay overnight.
  • Non-custodial parents are entitled to parenting time with their children on the first, third, and fifth weekend of each month, starting on a Friday and ending on Sunday.
  • In cases where parents live more than 100 miles apart, the non-custodial parent is entitled to keep their child during each spring break. In cases where parents live less than 100 miles apart, non-custodial parents are entitled to keep their child alternating spring breaks.
  • If parents live more than 100 miles apart, non-custodial parents are entitled to have their children stay with them for 42 days during the summer. If parents live less than 100 miles apart, children can stay with a non-custodial parent for 30 days.
  • Parents can alternate holidays at Thanksgiving and Christmas.
  • Parents can create their own agreement in regard to birthdays, Mother’s Day, Father’s Day, Easter, Fourth of July, etc.

Visitation Schedules – Determining What Works Best

Texas courts have been quite receptive to parents working out visitation schedules. However difficult it may be, it’s in you – and your children’s – best interest to work with your ex-spouse to determine a parenting time schedule. Otherwise, the court will be forced to issue possession orders that may not be to anyone’s liking, especially if you and your ex-spouse work full-time and live across town from each other. When creating a parenting plan, it’s also important to take in to account whether or not both parents have the legal authority to make medical decisions for a child.

In some possession orders, a parent may not have physical custody but still retain legal custody – that is, the right to make medical decisions for a child. Alternatively, a parent may not have physical or legal custody. When creating a parenting plan, it’s essential to include stipulations governing contact phone numbers, periodic check-ins, what to do in case of emergency, and how traveling and living expenses will be divided.

Post-Divorce Modifications, Parental Relocations, and Visitation

If a custodial or non-custodial parent decides to relocate, the move away must first be approved by the court; otherwise, the parent who moves away will be held in contempt and could lose certain aspects of their parental rights. Since a parental relocation will affect visitation schedules, it’s necessary to petition the court for a post-divorce modification regarding any planned move away. If the court believes the move away is in the best interest of the child, it will likely be approved. If approved, however, possession orders must be changed and visitation schedules re-arranged.

Contact Dallas, Texas Child Visitation Lawyer Dennis A. Fuller Today

Regardless of whether you’re facing divorce or are involved in a child visitation dispute, contact Dallas, Texas child visitation attorney Dennis A. Fuller today to learn how we can help you.

The Law Office of Dennis Fuller is located in Dallas, Texas. Mr. Fuller provides quality family law representation to his clients in all areas of North Texas, including Dallas, Fort Worth, Denton, McKinney, Frisco, Richardson, Addison, Plano, and throughout Dallas, Collin, Denton, and Tarrant Counties. To speak with Dennis Fuller about your legal concerns, contact us at 972-852-8500 to schedule an appointment today.

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For Family Law or Criminal Advice

Posted on August 20, 2010 by glmain

We are available to discuss your case, so do not hesitate to call us at (972) 852-8500, or contact Sharon via email at Sharon@DFuller.com. We have represented clients in Dallas and Ft. Worth, McKinney and Denton, Greenville and Rockwall, Tyler and Longview, Marshall and Carthage, Houston and Galveston, Corpus Christy and El Paso, Alpine, Midland, Denton, TX and Sherman, Austin and Waco, Hillsboro, Waxahachie, Cleburn, Glen Rose, and even Santa Fe and Tulsa.

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