Letter to use when taking children on vacation outside of the US

Below is a suggested letter to send to the parent not traveling with the children.

Modify as needed

TO:   ___________________________________.
(Name of nontraveling conservator)

In accordance with the terms of our current court order, please be advised of the following schedule:

Date, time, and location of the children’s departure from the United States: ______________

___________________________________________________________________________

Description of means of transportation: ____________________________________________

___________________________________________________________________________

Description of each destination of the intended travel: ________________________________      

___________________________________________________________________________

Dates the children are scheduled to arrive and depart at each such destination: ________

___________________________________________________________________________

Date, time, and location of the children’s return to the United States: ___________________

___________________________________________________________________________

Each portion of the intended travel during which I will not accompany the children: _______

___________________________________________________________________________

Name, permanent and mailing addresses, and work and home telephone numbers of each person accompanying the children or information about the group trip and its sponsor: ___________________________________________________________

___________________________________________________________________________

Please sign the attached paperwork (if necessary) so that the children can travel outside of the United States together with the children’s original passports within ten (10) days after you receive this notice and consent form.

If you have any questions, please feel free to contact me so we can discuss. 

Sincerely,

____________________________________

(Name of traveling conservator) & Date

What the term "net resources" means in the State of Texas.

Texas Family Code - Chapter 154. CHILD SUPPORT

Subchapter B. COMPUTING NET RESOURCES AVAILABLE FOR PAYMENT OF CHILD SUPPORT

§ 154.061. Computing Net Monthly Income

(a) Whenever feasible, gross income should first be computed on an annual basis and then should be recalculated to determine average monthly gross income.

(b) The Title IV-D agency shall annually promulgate tax charts to compute net monthly income, subtracting from gross income social security taxes and federal income tax withholding for a single person claiming one personal exemption and the standard deduction.

§ 154.062. Net Resources

(a) The court shall calculate net resources for the purpose of determining child support liability as provided by this section.

(b) Resources include:

(1) 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses);

(2) interest, dividends, and royalty income;

(3) self-employment income;

(4) net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and

(5) all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, social security benefits other than supplemental security income, United States Department of Veterans Affairs disability benefits other than non-service-connected disability pension benefits, as defined by 38 U.S.C. Section 101(17), unemployment benefits, disability and workers' compensation benefits, interest income from notes regardless of the source, gifts and prizes, spousal maintenance, and alimony.

(c) Resources do not include:

(1) return of principal or capital;

(2) accounts receivable;

(3) benefits paid in accordance with Temporary Assistance for Needy Families program or other feeeral public assistance program; or

(4) payments for foster care of a child.

(d) The court shall deduct the following items from resources to determine the net resources available for child support:

(1) social security taxes;

(2) federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction;

(3) state income tax;

(4) union dues; and

(5) expenses for the cost of health insurance or cash medical support for the obligor's child ordered by the court under Section 154.182; and

(6) if the obligor does not pay social security taxes, nondiscretionary retirement plan contributions.

(e) In calculating the amount of the deduction for health care coverage for a child under Subsection (d)(5), if the obligor has other minor depends covered under the same health insurance plan, the court shall divide the total cost to the obligor for the insurance by the total number of minor dependents, including the child, covered under the plan.

(f) for purposes of Subsection (d)(6), a nondiscretionary retirement plan is a plan to which an employee is required to contribute as a condition of employment.

Effective 9/1/2013

Texas Mutual Injunctions for parties in family law cases

Below are some of the mutual injunctions used regarding children and the parties in family law cases in Texas.  The injunctions will be mutual -- on both people.  Usually just the ones needed are selected.

Mutual Injunctions (pick the appropriate ones) –

Mom and Dad are enjoined, until further Court order, from any of the following acts:

·      Disturb the peace of their child.

·      Remove their child beyond the jurisdiction of the Court, acting directly or in concert with others.

·      Disrupt or withdraw their child from the daycare facility or school where their child is presently enrolled.

·      Initiate any discussions with their child concerning any aspect of this litigation or any future litigation.

·      Make disparaging remarks about the other parent, the current spouse of the other parent, or other family members of the other parent in the presence of their child.

·      Allow their child to remain in the presence of any other person making disparaging remarks about the other parent, the current spouse of the other parent, or any family members of the other parent.

·      Discuss any aspect of this lawsuit or any future litigation with others in the presence of the children.

·      Using the children and/or their belongings as a messenger for messages between the parents.

·      Allow any person other than the other parent to discipline the children.

·      No cursing in front of the children.

·      Consume alcohol while in possession of the children or 6 hours prior to the parent’s possession period with the children.

·      Allow any person with whom the parent is in a romantic or dating relationship to remain in the home while the children are present between the hours of 10 pm and 6 am.

·      Communicate with the other parent by telephone, text, email, writing, or any other means of communication using vulgar, profane, obscene or indecent language, or in a coarse or offensive manner.

·      Communicate the other parent at unreasonable hours and/or repetitively without a legitimate purpose.

·      Threaten or cause bodily injury to the other parent or to their child.

·      Threaten the other parent to take unlawful action against the other parent.

·      Destroy, remove, conceal, or otherwise harm or damage any property in the possession of the other parent and/or their child.

·      Open or divert mail addressed to the other parent or their child.

I was a presenter for Dr. Barbara Manousso & her family law mediation training

Today I spoke at Dr. Barbara Manousso's Family Law Mediation Training in the Galleria area.
It was a 2 hour presentation on Texas Family Law.
I passed out several hand-outs for these brand new family law mediators.
I also did a power point presentation.
Many present were already family law attorneys so we had some very interesting discussions.
It was fun to present to such a knowledgeable group.

Drug testing companies in the Houston area

Here is a list of companies that do Substance testing (drug testing) in the Houston area:

National Screening Center
2 locations - downtown at 412 Main Street, Suite 340, Houston, TX 77002
(713-226-7847)
or
the Heights at 2150 West 18th, Suite 203, Houston, Texas 77008
(713-880-8223)

They also have a location in Texas City - 527 9th Avenue North, Suite 101, Houston, Texas 77590
(409-941-0009)

Estimated Prices:
Urinalysis $27
Hair Test $75



Drug Screens, Inc.
1010 Pasadena Blvd.
Pasadena, TX 77506
713-473-0495

Estimated Prices:
Urinalysis $27.50
Hair Test $55

Houston DNA Testing Centers

Here is a list of companies that do DNA testing in the Houston area:

National Screening Center
2 locations - downtown at 412 Main Street, Suite 340, Houston, TX 77002
(713-226-7847)
or
the Heights at 2150 West 18th, Suite 203, Houston, Texas 77008
(713-880-8223)

They also have a location in Texas City - 527 9th Avenue North, Suite 101, Houston, Texas 77590
(409-941-0009)

Cash or checks accepted with proper ID

Their DNA test costs approximately $400

DNA Services of America
1445 North Loop West, Suite 840
Houston, TX 77008
713-864-4DNA
Houston@dnasoa.com

Drug Screens, Inc.
1010 Pasadena Blvd.
Pasadena, TX 77506
713-473-0495

Cash or Credit/Debit cards - no checks

No price given for their DNA test



You might also try:

Lab Corp.

Gottaknowtesting.com

DNA Diagnostic Centers

Rights of Grandparents, Aunt or Uncle in Texas

Chapter 153 of the Texas Family Code covers Conservatorship, Possession and Access to minor children in the State of Texas.

A minor child is under the age of 18.  The moment they turn 18, generally, they are no longer covered under the TX Family Code.

Subchapter H of Chapter 153 addresses the Rights of Grandparent, Aunt or Uncle.

Texas maintains that parents have a fundamental constitutional rights to have and raise children without interference from the state except in extraordinary circumstances (mandatory schooling, mandatory immunization, and abuse or neglect of a child.)

The U. S. Supreme Court case that is often mentioned is Troxel v. Granville, 530 U.S. 57, 120 S.Ct. 2054 decided in 2002.

The Texas legislature in 2009 requires that a grandparent must file an affidavit alleging, along with supporting facts, that denial of the grandparental visitation would significantly impair the child's physical health or emotional well-being.  This is a large hurdle to over-come.  Merely stating that you do not get along with one of the parent's is not enough.  Also, if the grandchild does not "know" the grandparent then it is almost impossible to show that the child would be hurt by having a relationship.

You need an experienced family law attorney if you want to pursue a grandparent, aunt or uncle lawsuit.

Look on www.avvo.com for an attorney or on the State Bar of Texas website - both are free.

"Child Abandonment" in Texas

I receive a lot of emails from people wanting to know about "child abandonment".

If you look in the Texas Family Code - there is no topic for "child abandonment".
There are topics for - child abuse, child custody, child support, etc.

Below are some of my most frequent answers to this broad topic:

1.  One parent leaves the child with the other parent - After 6 months of a voluntary relinquent by one parent to the other parent , the parent that has possession of the child can file in court to modify custody.

Plus, if there is an "emergency" situation, such as the custodial parent goes to jail or some sort of other crisis, the parent without custody can file an Emergency Motion to Modify that includes a notarized affidavit as to why they should have custody.  I recommend hiring an attorney to handle an emergency situation.

You cannot "hide" the child for 6 months and then try to file for custody.  People try to do this all the time. Judges do NOT like this!

2.  The parents are not married & the man is not listed on the birth certificate - This man is a "stranger" to the child.  He has no "rights" to the child.  He needs to file a lawsuit called "Suit to Establish Paternity" in order to get a legal relationship established with this child.  Child support and visitation will be addressed in this lawsuit. DNA testing should be done at the beginning of this lawsuit to confirm that he is the biological father of this child.

3.  The parents were never married and now they are separated - If there are no court orders regarding this child, then a lawsuit needs to be filed to address child support and visitation.

4.  How long can a male parent try to establish his parental rights? Until the child turns 18.

5.  Non-parents raising child - After 6 months, you have standing to file a lawsuit asking for custody of this child.  You do not want "guardianship" in Texas - you want "custody".  Guardianship is a probate matter and you will have to regularly keep the probate court informed as to the status of the child - this is expensive and time-consuming - you don't want to do this type of lawsuit.

6.  Grandparents & other relatives in Texas - Grandparents  and other relatives have limited rights. I would look under the Texas Family Code Section 153 - Subchapter G and H - Appointment of a Nonparent as Conservator and Rights of Grandparent, Aunt or Uncle to begin your search.

Above are just some of the most common questions regarding minor children (under age of 18 in Texas) and child abandonment.

Fran Brochstein LLC | Lawyers - Divorce in Houston