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.
]]> Mr. Brown has previously faced domestic violence charges, though he was acquitted. CultureMap reports that he also takes a debated amount of pain killers on a daily basis. His wife says 20-50 oxycodon pills. He says two a day for back pain.His soon to be ex-wife also says that he frequents the ladies of the night. That's not a Laura Branigan reference either. He admitted on the stand to "paying for companionship," and even having three paid women at a time. However, he would never expose his children to such things.
For her part, she's dating Jeff Bagwell, who is also divorcing his wife, according to CultureMap. Bagwell reportedly has an alcohol problem and dropped out of rehab last year. Mr. Brown's attorney elicited testimony from Mrs. Brown that she took the kids on trips with Bagwell, including to places where alcohol was consumed.
Mrs. Brown also admitted on the stand to using powdered and crystallized crack cocaine after her kids were born, though she swears that it was done with Mr. Brown and that she hasn't used since 2009.
If child custody is a multiple choice exam, is there a (c) none of thee above?
Child custody decisions are made according to the "best interests of the children" standard, which here seems like a draw so far. Obviously, some of the above is accusations without proof, yet both parties have admitted under oath to conduct that may make the judge question their parenting ability.
Foster care is often a last resort, and here, it probably would not be preferable to placing the kids with their parents. What may happen, however, is either drug testing of one or both of the parents, or evaluation of the households by child protective services to ensure that the homes are safe and stable.
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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?
]]> Though Deion won temporary custody in court last week, the couple has apparently worked out a visitation schedule and is scheduled to have a formal custody hearing later this month.Texas child custody decisions are usually determined by the "best interests of the child" standard. This includes minimizing disruption to their education and social lives, ensuring that they have as stable of a home environment as possible, and considering any preference expressed by the children as to which parent they prefer to live with.
Pilar's victory in the courtroom wasn't a complete blowout, however. She was seeking $14,000 in alimony, reports the Washington Post. The court denied her request, but she will receive $3,500 a month toward her mortgage on a separate residence for her and the children.
She has also been ordered to return six containers of Deion's property that are currently in her possession by July 1. The restraining order, which orders Pilar to stay 500 yards away from the family home, remains in effect as well.
Finally, although it may be trite, it is worth saying that although in a rough divorce sometimes a spouse wins or loses, the most important thing is to do your best to make sure the real winners are the children. And sometimes that means giving something up, or even "losing."
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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.
]]> Included in the accusations are that Marshall Davis Brown, Esq. suggested that one attorney might be working for an “escort service” and asked another if she wanted him to “examine her breasts for lumps.” There’s more, but you get the point.Mr. Brown’s legal team is requesting that Brown, Esq. pay sanctions and the money go towards the Houston Area Women’s Center.
Brown, Esq. responded to the allegations by stating that most of the comments were made to other male counsel, not directly to his female counterparts. Is he saying that it’s not his fault because he said the insults to the dudes and that it’s the other dudes’ fault for tattling?
He also asserted his First Amendment right to use whatever language he wishes outside of the courtroom. He wants the court to order sanctions against Mr. Brown’s legal team for wasting the court’s time.
Courts can order sanctions for violations of ethical conduct or violations of court rules. Typically, these sanctions are only ordered in extreme cases where violations are willful.
It does seem that no matter who wins this round, everyone is losing. The parties are paying their attorneys to insult each other. The attorneys’ professional reputations are being dragged through the mud.
It’s a bad time for everyone.
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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.
]]> The footage is a little disturbing. It appears to show the children are climbing on their passed out mother, Nancy, until she grabs one in a headlock and carries her into the next room. Nancy then throws a pillow at Thomas and then goes nuts on the couple's laptop. She appears to be visibly intoxicated throughout the footage.The video should have an effect on the couple's custody and child support arrangements, which are expected to be hashed out on Wednesday. One would imagine that evidence of abusive behavior and substance abuse will impact the judge's decision on custody, unless Nancy is able to convince the judge that it was merely an isolated incident or that there was some illegality or irregularity with the tape.
However, one does wonder if Thomas' methods might backfire. The video shows some pretty disturbing behavior, and instead of stopping Nancy from acting out against her children, or protecting his children from seeing their mother rage on a laptop, he videotapes the incident and cries. So does the couple's daughter. That will probably be at least part of what Nancy's lawyer argues.
Custody decisions are ruled by the "best interests of the child" standard, which is inherently subjective. The judge must weigh the two parties' history, households, and ability to care for their children, in addition to other factors, in deciding where the children will live and whether the other parent gets visitation rights.
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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.
]]> Deion’s story is that Pilar attacked him. She came into the separate kitchen, which is attached to his bedroom, and started kicking the door. She began slapping him, so he picked her up by the waist and carried her out of his bedroom. Then his wife and her friend both began to attack him.Pilar had an injured lip after the fight, but the officer who investigated the incident testified that it appeared to be from her biting her lip. He also testified that he didn’t see any evidence of an attack on Pilar.
Based on that testimony, and other evidence, the court granted Deion’s restraining order and denied Pilar’s request. He also granted temporary custody of the children to Deion. Minimizing the changes in the children’s lives probably played some part in the custody ruling, as Deion has sole possession of the house.
Ordinarilly, because Texas is a community property state, the house is the property of both spouses. However, Deion’s house is his separate property, probably due to either a premarital agreement or due to the source of the funds used to purchase it.
Deion Sanders’ response to the ruling came swiftly and exuberantly, via Twitter. “GOD IS SO GOOD! DON’T EVER DOUBT HIM NO MATTER HOW YOUR SITUATION LOOKS. TRUST HIM PLEASE. HE IS SO FAITHFUL.”
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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.
]]> The Old Fashioned WayAhh, the old cabernet and Marvin Gaye way. Really, what more is there to say about the good ol’ fashioned way of having a kid. The only way we can be of help here, besides providing you with the greatest song on the Waffle House jukebox, is to set you up on a date, so go check out your nearest free dating site, such as OkCupid! or PlentyOfFish.com. Oh and the legal issues? Please do remember that biological parents have many rights but also responsibilities toward their children.
Surrogacy
So, maybe you’ve tried, over and over and over again. Marvin Gaye is like nails on a chalkboard at this point. Surrogacy is an alternative that is growing in popularity. However, there is a great deal of prep work and legal ground to cover before you commit to a surrogacy arrangement. Please, do not post a craigslist ad requesting a surrogate parent and please do consult a lawyer.
Luckily for you, Texas has some of the most favorable laws for surrogacy in the country. Donated sperm, eggs, and embryos, with the proper consents and paperwork, result in the intended parents having the rights to the resulting child. Gestational agreements, where a third party carries a baby for intended parents, genetically related to the child or not, are enforced as well. This helps prevent th nightmare battles between intended parents and genetic or birth parents. The documents and intent control.
Adoption and Foster Parenting
If you are interested in adoption, the Texas Adoption Resources Exchange (TARE) is a wonderful place to start. In addition to profiles of children awaiting homes, the site also has resources on how to become an adoptive parent or a foster parent.
Foster parenting is a noble alternative to permanent parenting. Often times, children only need temporary homes while their parents get their lives together. Instead of being a parent to one or two children, you can be a parent to many children and change their lives for the better. TARE has a ton of resources on foster parenting requirements, reimbursements, and links to other state resources.
Stepparenting
Though stepparents appear last on this list, they are just as important in many children’s lives. You’ve married someone who already had children from a previous marriage. You’ve been raising them as your own. It is important, therefore, to consider your rights as a parent. Adoption, if the other parents agree, is an important way to make your legal status match your relationship at home. It will ensure that if something happens to your spouse, you can still take care of, and maintain a relationship with, your stepchild.
No matter the method of motherhood, know that you, the mothers of the world, are appreciated. Have a spectacular Mother’s Day.
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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.
]]> We understand that divorce and child custody battles, in addition to everyday life and caring for your children can consume all of your time. And then some. We aren't that hurt that you haven't read every post in our archive. Instead, we've condensed the information into a much more manageable form.As part of our continued effort to help our readers understand their rights and our desire to help them enforce those rights, we are now releasing free guides on various legal topics that affect everyone.
The FindLaw Guide to Getting Child Support Payments is available now for our readers. If, after reading the guide, you have more questions, feel free to drop by FindLaw Answers and ask our community for assistance.
If you are a custodial parent and want to know how you can enforce your rights to receive child support, this short guide should prove to be an invaluable resource.
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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.
]]> So why are some opposed to it? Family Law is incredibly complicated. It is an amalgamation of contract law, divorce statutes, real estate law, child custody matters and healthcare issues, usually made even more complicated when accounting, retirement accounts, and estate planning matters are added to the mix.While forms may work for those who have no assets and no children and no complications, those cases are rare. Allowing simple form-based divorce increases the chances of parties not understanding their legal rights and thus possibly forfeiting those rights.
The Wall Street Journal took a tongue-in-cheek stab at what the forms might look like here, which though humorous, also lends credence to another problem. The issues from couple to couple vary so much that designing a one-size-fits-all form could be a next to impossible task.
Inherent issues aside, accepting that the trend is to move towards template forms, why not take the next step? Technology makes everything easier. Imagine what a well-designed app could do to revolutionize, reduce the cost involved, and increase access to, the field of Family and Divorce Law.
Twenty years ago, you had to go to an accountant to get your taxes done. In all likelihood, they would charge you a fortune. Now, online and software based tax services, along with the IRS’s embracement of e-filing, have revolutionized tax filing for the vast majority of Americans.
The same could be done for basic family legal services. Or could it?
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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.
]]> Adultery is grounds for altering the even split of assets, though appeals courts will be on the lookout for abuse of discretion in drastic deviations from the standard split.Child custody can also sometimes be affected by adultery. In one case, a wife left her husband for a married man, and the court ruled that the husband should have custody and the right to sole say in where the child would reside, even if it was out of state. The woman was also not allowed to bring her child anywhere near her boyfriend.
Granted, that case had some pretty extreme circumstances, with the girlfriend shooting her boyfriend's wife, and the boyfriend having a long drug and criminal history, but the remedy in that case was also extreme. Mere adultery without domestic violence and drugs might still be able to affect child custody issues to a lesser extent.
A third way in which adultery might play a large part in the divorce is in awarding of attorney's fees. Often times, in truly contentious divorces, sometimes caused by adultery, legal fees can skyrocket. Parties let their emotions override their checkbooks and tens of thousands of dollars worth of fees build up over numerous court motions and hearings. If one party is found to be at fault for the divorce, the court has the power to award the other party attorney's fees, on top of any adjustments to community property settlements.
Whether adultery affects your divorce settlement and child custody can in part depend on the judge. As the Texas Supreme Court said, though fault can play a part in asset distribution and custody arrangements, "this does not mean that fault must be considered, only that it may be considered." Experienced attorneys in your area will have a better idea of which judges take adultery seriously and which judges find it completely irrelevant to your case.
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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.
]]> Adultery can affect alimony awards and division of property, so spouses often think its a good idea to attempt to get evidence of their spouses cheating. The American Academy of Matrimonial Lawyers reported that, as of five years ago, nearly every divorce case involved some sort of electronic evidence, such as a Facebook post.In terms of spy equipment to gather such evidence, a quick Google search can locate devices that appear to be MP3 players, watches, alarm clocks, pens, and even a BMW key. Big Brother surveillance is now available in high definition, disguised as a keychain, for as little as $30 from a warehouse in China.
And, so far, domestic wiretapping is seems to be perfectly legal in Texas.
The only Texas statute on point seems to be Section 21.15: Improper Photography or Visual Recording. However, to be convicted under the statute, someone would have either be recording the video with the intent to "arouse or gratify the sexual desire of any person," or record them in a bathroom or dressing room with the intent to invade their privacy.
It seems the only remedy, at least until the laws catch up to technology, is a civil lawsuit for invasion of privacy. Until then, expect to see a lot more Spy v. Spouse in your local Family Law courtroom.
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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.
]]> Hill's girlfriend then flew home to Miami. Her friend, who picked her up from the airport, noticed the bruises and took photos. The police have since obtained those photos.Hill's twitter account responded to the allegations with "Wowwwww" and "Unbelievable!!!!!!!!" Teamate Kobe Bryant's twitter account, meanwhile, expressed its support on behalf of Laker Nation.
Jordan Hill could be charged with Intimate Partner Strangulation. In Texas, this crime was elevated to a felony from a misdemeanor in 2009. It is defined as "intentionally, knowingly or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth."
If Hill is convicted, he faces between 2 and 10 years of incarceration, plus fines and fees. However, it is also quite possible that a plea bargain could be reached, in which case he would face far less severe penalties.
Meanwhile, those in a similar position to Hill's girlfriend (now ex-girlfriend?) should consider a protective order. Protective orders are available to those who are married, or even to those who are or were dating. Dating Violence is defined by the Texas Family Code Section 71.0021 as:
"Dating violence" means an act by an individual that is against another individual with whom that person has or has had a dating relationship and that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the individual in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.
The Lakers, meanwhile, have declined to comment on the matter. Hill will have to travel to Houston to be arraigned after a warrant is issued and may well have the remainder of the proceedings delayed until after the conclusion of the season.
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Stuart Chaifetz became suspicious after he watched his son Akian acting contrary to his usual behavior. After many months of wondering and fretting he finally put a wire on his son to listen in on what was going on. Chaifetz came to learn that his son had been going through the most hurtful and painful kind of bullying imaginable.
]]> To make matters worse, it was at the hands of teachers and aides.Once Stuart Chaifetz, who must be a hero to many, had the recordings, he turned them in. And the school board fired and reprimanded the teachers involved.
This blog has devoted considerable attention to bullying at Houston schools. Recently, one of the posts, which is part of the Legal U series, provided explicit methods that parents can turn to in terms of addressing bullying. Obviously those methods did not include using a wire, but now that the idea has been put out there, perhaps more parents will use it.
It is not always possible or necessary to use an attorney to help stop bullying at Houston schools. However, each case of bullying is different and in some cases it makes absolutely perfect sense to go to an attorney. If you think you might wish to make a bullying case you should speak to a local attorney.
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]]> Given that celebrities are often looked to as reflections of what average people might be thinking about in their own lives, it might be fruitful to take this moment to look at to Texas surrogacy law.Many times people start thinking about surrogacy before they have had a full chance to recognize and understand how complicated it is. And then this ends up causing problems down the road because they are not prepared for the challenges.
Texas is one of the states that has taken steps to legally clarify gestational surrogacy.
The Texas surrogacy requirements are laid out in Tex. Fam. Code §§ 160.751-160.763. They are:
There may be more requirements that come up as part of the study or during the proceedings with a court.
Asking someone else to give birth to a child that one cannot carry to term herself can be an expensive and challenging, but ultimately fulfilling, experience. However, it is important to be well informed about the legal requirements. To learn more, talk to an experienced attorney in your area.
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However, despite the fact that single mothers out-number single fathers, it turns out that among the single fathers that are out there, they out-earn single mothers, reports Livestrong.
]]> According to the Census Bureau data:
The 2010 Census showed that single male parent households earned an average of $49,839 per year, while single female parent households earned an average of $33,370 per year. About 44 percent of single fathers earned more than $50,000 per year in 2009.
One explanation for why single fathers may be out-earning single mothers has to do with the fact that single fathers are more likely to have someone living with them than single mothers. About 33 percent of single fathers have another adult at home; while only about 11 percent of single mothers do. This makes child care and thus work attendence and performance that much easier.
No doubt, at this point, the discussion could move to the bigger question of employment and equal compensation for men versus women in the United States. Nor do the single father statistics reveal the simple question of willingness and capability. Empirically speaking, are single fathers just as interested as a single mother in being the full-time provider as well as the full-time parent? These are questions the data does not get into.
But whatever way you slice the single father statistics, the fact remains that where a child has two parents, it is important for both parents to be involved in the child's life. Whichever parent is deemed custodial should work with the non-custodial parent in coming up with a workable visitation plan so that a child can have the benefit of two parents who are involved both financially and emotionally.
Sometimes working out such a plan is tricky due to history or different finances. In those cases, it is best to retain an attorney to help sort the issue out. And the first thing to do is not to think in terms of "single fathers versus single mothers" but to put an "and" in there for the benefit of the child.
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While a great deal of attention will be placed on the novelty of Thomas Beatie's pregnancy, or perhaps, about Nancy Beatie's reactions to being married to a pregnant man, as the divorce unfolds, the most important characters in the saga will be the three children. Even if the parents are the world's pioneers in gender-and-genetics-bending, how and what child custody arrangement is set up during the divorce proceedings is perhaps the most critical part of the split.
]]> Usual determinations of how child custody in Texas is evaluated has to do with the best interests of the child. This can be a long and thorough evaluation that looks at all sorts of circumstances, both financial and psychological. Though the determination remains “fluid” to account for subsequent changes in circumstances, once a visitation schedule is put in place both parents must do their best to abide by it.Texas is one of those states where interference with child custody or visitation can lead to a civil lawsuit, according to Texas Family Code Chapter 42.
According to the statute, if there is an order in place (either in Texas or in another state), which allows a person possession or access to a child in visitation or custody, and another person interferes with “the possessory right” then that person might be liable for damages.
To learn more about this lesser known area of child custody in Texas, (no matter who in your family gave birth to the children) please speak to a local attorney.
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