The Houston Family Law Blog

May 2012 Archives

Should the Lip Dub Proposal Be Followed By Actual Prenup?

KHOU-TV has reported on an elaborate lip dub marriage proposal in Portland, Oregon and thinks that Houston wants to see it. Based on the pre-production time spent on this video, it is clear why it has been viewed over 8 million times.

With the amount of time Isaac Lamb spent on that proposal, you wonder if he thought of the legal ramifications of marriage. Yes, it's great to spend the rest of your life with someone, but what about when that dream is crushed by the reality that approximately 50% of marriages fail?

Custody After a Kidnapping; Houston Boy Not Ready for his Parents

In March, a Houston boy who was abducted nearly eight years ago was found in East Texas. The Houston Chronicle reports that Miguel Morin was abducted when he was only 8 months old by his babysitter and her mother.

Once Miguel was found, he was put into foster care under the direction of Child Protective Services. So far, his real parents, Auboni Champion-Morin and Fernando Morin, have only seen photographs of their son.

Brown Divorce: No Winners So Far in Child Custody Dispute

What does a judge do when there is no good choice?

The Michael and Rachel Brown divorce case has made Houston's headlines for the last few years, and shows no signs of stopping. We just covered a spat between the lawyers on each side involving crude language and sexual harassment allegations.

And yes, and the actual divorce case is still pending. Earlier this week, there was a hearing to determine custody rights. If the testimony of the two parties is to be believed, neither option seems particularly appealing, reports CultureMap Houston.

Pilar Sanders Gets Child Support, Legal Fees; No Alimony

Just last week, Neon Deion Sanders, the Dallas Cowboys legend, was victorious in the realm of the Family Law courthouse. The judge awarded a him a restraining order against his estranged wife Pilar Sanders, as well as temporary custody after hearing testimony about the couple's April 23 domestic scuffle that made headlines and sent Deion to twitter.

Though Deion won the last round, Pilar emerged victorious this time, reports ABC News. The court awarded her child support in the amount of $10,500 for the three kids, plus another $275,000 to cover her legal fees.

Who is that lawyer, and how did he get the gig?

Antagonism in Brown Divorce Case Spreads to Attorneys

Has there ever been a more ridiculous divorce case in Houston's history? The Michael Brown versus Rachel Brown divorce case has dragged along for years. Along the way, we've seen domestic violence accusations and acquittals. We've seen a herpes lawsuit brought by a third party, per the Houston Chronicle. We've had a celebrity tied into the case.

Mr. Brown even sued Mrs. Brown for allegedly attempting to destroy his business.

Much like the alleged herpes, this case just won't go away. Now, the lawyers are getting in on the feuding. According to the Chronicle, Mrs. Brown's attorney, also named Brown, allegedly used obscene and derogatory language to describe the female attorneys representing Mr. Brown.

Pregnant Man Thomas Beatie Films Abusive Wife; Fuel For Divorce?

We’ve talked about it before, videotaping your spouse for the sake of your divorce case. It has its pros and cons. Clear footage of abusive behavior or adultery could affect child custody and property division decisions.

The famous “Pregnant Man,” Thomas Beatie, filed for divorce back in February and apparently took videotape footage of his allegedly abusive, alcoholic wife some time before then, reports TMZ.

Neon Deion Wins This Round Against Estranged Wife Pilar Sanders

If you haven't heard about Deion and Pilar's divorce, you either don't care about celebrity gossip, or you don't have Internet access. Their highly publicized spat and first person twitter accounts of the divorce process have made an ugly celebrity divorce even more public than usual.

Earlier this week, the family court fallout from their April 23 scuffle finally came to fruition. After the fight, both Deion and Pilar were charged with misdemeanor assault. Both turned to the family law court and sought restraining orders against the other and custody of the children.

This time, Neon Deion won, reports CBS 8 San Diego.

Five Ways to be a Mommy in Texas

Mother’s Day is Sunday. ‘Tis quite the important day, celebrating the person responsible for our life, our birth, and the genetic code that leads to our charm and good looks.

In light of the miracle of motherhood, and in appreciation for our mothers, we’d like to bring you five ways to join the party and create your own little miracles.

Confused About Child Support? FindLaw Guides are Here!

Perhaps your marriage has collapsed. Or perhaps you were never married. Either way, if you have custody of the kids, your first thought is probably about how you will manage to support them. Raising a child is hard enough without having to worry about child support payments.

At FindLaw, we blog regularly on issues related to family law and divorce, and there is a lot of good information on these topics in our posts. However, it can be a little time consuming to read through all of the posts, digest the material, and attempt to apply it to your situation.

Texas Divorce: There Should be an App For That

The Texas Supreme Court is pushing forward with a movement to create simple, fill-in-the-blank forms to allow Texans to get a divorce without paying the high cost that sometimes comes along with hiring attorneys, reports the Houston Chronicle.

The concept itself isn't new; Texas is only one of thirteen states without the forms. And the benefits are obvious. This will allow those who are too poor to afford attorneys to go ahead and end a marriage that no longer works. It could be especially beneficial in relationships with the unfortunate combination of domestic violence and inability to afford to pay for legal counsel. Ending failed marriages as quickly and cheaply as possible is obviously a good thing.

Three Effects of Adultery on a Texas Divorce

Though Texas is often labeled as a “no-fault” state, there are provisions in the law for filing a fault-based divorce as well. Among the more popular grounds is a fault-based divorce on adultery grounds. Although it can be much more difficult to prove, and often leads to spousal snooping, there are many benefits to divorce on the grounds of adultery.

Texas is a community property state, which means that assets that are not separate property, such as inheritance or gifts, are the property of both parties. That includes the house, cars, and each person’s salary and accrued retirement and work benefits. The typical split is at or near 50/50, though there are a few considerations which can alter that arrangement, such as child custody.

Spy v. Spouse: Spousal Surveillance on the Rise

The old truism states that trust is the foundation to any successful relationship. That's probably true, and would explain why family law courts are seeing more and more divorce cases involving snooping spouses, reports the Houston Chronicle.

Though Texas is often referred to as a "no-fault" state in terms of divorce, no-fault based on irreconcileable differences is merely an option. A divorce can also be had on the basis of fault, such as adultery, incarceration for more than a year, abandonment for more than a year, and a few other provisions.

Former Rocket Jordan Hill Charged With Felony Assault

Former Rocket Jordan Hill may be on his way back to Houston, but only for a quick criminal arraignment. Hill was charged with felony assault of a family member by strangulation this week, months after the alleged incident involving a long-term girlfriend occurred. Yahoo! Sports reports that the incident occurred on February 29. The police report was filed with the Houston Police Department on March 29.

Hill was traded from Houston to Los Angeles on March 15.

ABC 13 Houston reports that the incident stemmed from an argument about the future of Hill and his girlfriend. The victim alleged that she threw his cell phone to the floor. Hill allegedly became enraged, assaulted her, and then placed her in a chokehold when she refused to pick up the phone.