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Can the Court Order a Paternity Test? 

Posted on in Family Law

Fredericksburg Family Law AttorneyEstablishing paternity is crucial for both legal and emotional reasons. In cases where the biological father’s identity is in question, a paternity test can provide clarity and determine important legal rights and responsibilities. However, what happens when parties in a paternity dispute refuse to cooperate? Can the court step in and order a paternity test? The answer is yes; the court can order a paternity test. If you are currently in a paternity dispute, contact a lawyer immediately to obtain crucial legal representation as you navigate this important process.

Legal Basis for Court-Ordered Paternity Tests

In Texas paternity disputes, the court can and often does exercise its authority to order a paternity test. This authority is granted under the jurisdiction of family law, which prioritizes whatever is best for the child. The court aims to establish legal paternity to ensure the child’s rights to financial support, inheritance, and access to medical benefits. Additionally, a court-ordered paternity test serves to protect the rights of both the alleged father and the child, providing the opportunity for a fair and conclusive determination of paternity. 

Circumstances for Court Intervention

The court typically intervenes in paternity cases when there is uncertainty or disagreement regarding the child’s biological father. This can arise in situations where a potential father denies paternity or when the mother or child seeks to establish paternity for support or legal rights. The court requires a reasonable basis for doubt or legitimate interest in determining paternity to order a paternity test. This may involve presenting evidence such as testimonies, medical records, or other relevant documentation to support the need for a paternity test.

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Llano, TX criminal defense lawyerIt is hard to imagine life without computers in today’s digital age, where internet usage is a major part of many people's lives. Understanding the dangers of discussing your criminal case online  is essential. Exercising caution and refraining from sharing details or opinions on the internet regarding your criminal case is of the utmost importance when dealing with legal proceedings. If you are facing criminal charges, contact a lawyer at once to ensure that you can make smart decisions that will not put you in any more legal jeopardy than you already are. 

Presumption of Innocence 

One of the foundational aspects of the legal system is the presumption of innocence. This means that you are considered innocent until proven guilty. Discussing your case online can potentially jeopardize this presumption by revealing sensitive information or making statements that may be misinterpreted or used against you. It is essential to allow the legal process to unfold without interference from social media. 

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Llano County, TX domestic violence lawyerBeing arrested for domestic violence is a serious matter, but it is important to remember that you have rights. If you are arrested for domestic violence, you must take immediate action to protect yourself and those rights. Understanding what you need to do is crucial in the moments following an arrest.

Do Not Speak to the Police Without an Attorney Present

Anything you say to the police can be used against you in court. This is the most important thing you can do if you are arrested for domestic violence. Even if you think you are innocent, it is always best to have an attorney present when you are questioned by the police.

Get Out of Jail as Soon as Possible

Once arrested for domestic violence, you will likely be held in jail until your bail is set. It is important to get out of jail as soon as possible. The amount of bail that is set for a domestic violence charge will vary depending on the circumstances of the case. A personal bond may be possible if you cannot afford bail. A personal bond is a type of bail that is secured by your own signature. If you fail to appear for your court date, you will be responsible for paying the bail in full.

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Marble Falls, TX child protective services lawyerPreparing for a Child Protective Services (CPS) interview in Texas can prove stressful and daunting. A parent or caregiver concerned about the well-being of a child who is the subject of the investigation will be especially concerned. It is best to approach the interview with clarity, honesty, and a focus on the child's safety and welfare.

Before the Interview

Facing a CPS interview can be emotionally charged, but it is crucial to remain calm and composed throughout the process. Taking deep breaths and staying focused can help you articulate your thoughts clearly. You should review any relevant documentation or records related to your child's welfare, including medical records, school reports, and any communication with CPS or other professionals involved in the case.

Familiarize yourself with your legal rights as a parent or caregiver involved in a CPS investigation. Understand what information is required and what you have the right to withhold. Know the specific allegations made against you or the child involved. Being aware of the concerns will help you address them directly during the interview. In addition:

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Marble Falls crimes against children defense lawyerIn the great State of Texas, crimes against children are taken seriously and prosecuted aggressively. Police, prosecutors, and judges take a firm approach when it comes to punishing people accused of possessing, producing, selling, or distributing media showing minors under the age of 18 engaged in sexual conduct. The offense of possessing child pornography is so serious that, in addition to the typical criminal penalties, a conviction requires a lifetime registry on the Texas sex offender list. 

Life for those found guilty under Texas child pornography laws, therefore, becomes very difficult for many reasons. If you find yourself facing charges related to child pornography, you need to act quickly to hire a criminal defense attorney who will give you a strong defense.

How Do Police Find Evidence of Child Pornography?

Law enforcement has a wide variety of tools to find child pornography. Erasing files, emails, or texts does not prevent someone from getting caught. Once authorities have reasonable grounds to suspect someone of possessing child pornography, they may seek a search warrant, allowing them to:

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Llano County, TX DWI lawyerDriving while intoxicated is penalized in Texas by both administrative and criminal penalties. The state has the right to revoke or suspend your driver's license if you were found guilty of DWI. You cannot drive if your license has been suspended. Additional criminal charges may be brought for driving any vehicle while operating with a suspended license. If a DWI caused you to lose your license, you might be able to get it back and drive legally once again.

How To Reinstate Driving Privileges After a Suspension

The specific measures you must take to get your license restored will vary depending on the specifics of your DWI offense and your criminal history. Not everyone is eligible to have their driving privileges reinstated. If you were found guilty of DWI, you must pay reinstatement fees and provide the Texas Department of Public Safety with documentation demonstrating that you have performed the necessary actions, such as finishing an alcohol and drug education program.

 

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Marble Falls business owner divorce lawyerState law in Texas recognizes community property in cases where couples are married. Both communal property and marital debts must be divided when a couple files for divorce. When the phrase "community property" is used, it is frequently assumed that it refers to things like a couple's marital home, their vehicles, their personal property, and their bank accounts. In the majority of cases, those things do indeed fit under that category. However, business ownership or a stake in a family business is another type of asset that may or may not be considered community property.

How Divorce Can Affect Your Business in Texas

Divorce proceedings can have a variety of effects on a business owner. It can be challenging for a person to take care of the day-to-day requirements of running a business while also navigating the legal aspects of divorce, which may involve going to divorce settlement conferences and appearing in court. Utilizing key personnel, lowering workloads where possible, working a reduced schedule, and hiring temporary workers that can help maintain the existing anticipated level of your company are all options that may be available to business owners during the divorce process.

Because it can be considered a communal asset, a business may be impacted by a divorce as well. In other words, a business owner’s spouse could be able to claim a share of the company. In many cases, it is a good idea for business owners to plan for this possibility before getting married. A premarital agreement may be used to ensure that a business owner will be able to maintain full ownership of the company in the event of divorce.

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shutterstock_2263273589.jpg Domestic violence is a complex and sensitive issue that affects individuals and families in communities across the country, including Llano, Texas. If you have been accused of committing domestic violence, it is crucial to understand the legal process and seek professional guidance to protect your rights. 

Examples of Domestic Violence

Domestic violence encompasses various forms of abusive behavior. While physical violence is often associated with domestic violence, it can manifest in other ways as well. Examples include:

  • Physical Abuse: Inflicting bodily harm, such as hitting, slapping, kicking, or choking a family member, household member, or current or former dating partner.

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 llano county divorce lawyerDivorce not only has a significant emotional impact, but it can also carry a substantial financial burden. The financial impact of divorce can be far-reaching and affect various aspects of your life, including income, assets, debts, and future financial stability. Being aware of what some of these areas are can help you better prepare and avoid some of these issues.

Division of Assets and Debts

One of the most immediate and tangible financial consequences of divorce is the division of assets and debts. Texas is a community property state, so marital property, such as the family home, investments, and other assets, may need to be divided between the spouses in order to achieve that 50/50 split. This process can be complex and often involves negotiation. If a couple cannot reach an agreement via negotiation, then the court will make the decision for them. The process can result in the need to sell assets or divide them in a way that may not be financially advantageous for one or both parties.

Household Expenses

Divorce can also lead to a significant reduction in household income. You may not be going from a two-income household to a one-income household. This can be particularly challenging for individuals who were financially dependent on their ex-spouse or who may have sacrificed their career or earning potential during the marriage. Adjusting to a single income can require significant lifestyle changes and budgetary adjustments. In some situations, the court may order spousal support for the lesser-earning spouse, depending on the circumstances and the history of the marriage.

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llano county criminal defenseThe state of Texas takes drug crimes seriously. There are a number of drug-related offenses that can result in harsh penalties if convicted. These penalties include convictions for crimes involving both illicit drugs and prescription medication. The severity of the penalty usually varies, depending on the type and amount of drugs involved, as well as the intent of the person arrested. The following are different types of charges a person can be arrested on. Any of these charges could result in jail time, depending on the circumstances and the defendant’s criminal record. This is why you should have a skilled drug crimes attorney advocating for you.

Drug Possession

Possession of illicit drugs is illegal in Texas. This also includes cannabis for recreational purposes, despite many other states legalizing the drug. Possession can be either actual, meaning the drugs are physically on the person or on their property, or constructive, meaning the person has control or access to the drugs.

Drug Trafficking

Drug trafficking involves the transportation, distribution, or sale of illicit drugs. This can include anything from selling small amounts of drugs on the street to smuggling large quantities across international borders. Drug trafficking is a serious offense and can result in lengthy prison sentences and hefty fines.

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llano county sex crime defense lawyer Being charged with a sex crime can be one of the most challenging experiences in a person’s life. Not only can sex crimes carry severe legal consequences, but they can also have a significant impact on a person’s reputation, relationships, and prospects. However, it is essential to remember that being charged with a sex crime does not mean a person is automatically guilty. Instead, there are ways to overcome such charges. Your first step toward fighting a sex crime charge is to hire a skilled criminal defense attorney to safeguard your rights and best interests.

Must-Do’s When Facing a Sex Crimes Charge

Here are the essential must-dos when trying to defeat a sex crime charge, including:

  • Hire an Experienced Criminal defense attorney – This is the first and most crucial step in overcoming a sex crimes charge. Without the assistance of a criminal defense attorney, you are putting yourself in a position of significant legal liability. Sex crimes can be complex cases, requiring an attorney with a robust knowledge of criminal law who will be able to build a competent defense strategy as you look to overcome the charges against you.

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llano divorce lawyer Divorce can be arduous and emotional, especially if it becomes highly contentious. While every divorce is unique, there are some common signs that you may be headed toward a contentious divorce. For anyone preparing to go through a divorce, understand that your divorce attorney is an invaluable resource during this time. Your attorney will guide you through the legal process while protecting your rights and best interests. 

Most Common Signs Your Divorce Will Be Contentious

Here are some of the most common warning signs to watch out for, including:

  • Lack of communication – One of the most significant signs that you may be heading towards a highly contentious divorce is a lack of communication between you and your spouse. If you cannot communicate effectively, it can lead to misunderstandings, disagreements, and, ultimately, a more complex divorce process. Therefore, it is essential to work on your communication skills and seek the help of a mediator if necessary.

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marble falls domestic violence defense lawyerBeing falsely accused of domestic violence can be a traumatic, devastating, and  life-altering experience. It can affect your personal relationships, your job, and your reputation. However, it is essential to remember that being falsely accused does not mean that you will be automatically found guilty. Today, we will discuss what you should do if you are falsely accused of committing an act of domestic violence. As will be reiterated in today’s blog, if you have been falsely accused of any crime, particularly domestic violence, immediately seek legal representation to ensure your rights are protected as you fight to clear your name of these false charges. 

Here is What You Should Do

Domestic violence has a powerful stigma against it, meaning that simply being accused of committing such an act can devastate a person’s life. If you have been falsely accused of domestic violence, here is what you should do:

  • Seek legal advice – As soon as you are accused, contact an attorney specializing in domestic violence cases. Your attorney can guide you through the legal process and help you build a defense. While you have not been charged yet, you want to stay proactive and prepare your legal defense as if you have already been charged. That way, if you are charged in the worst-case scenario, you will be ready to fight the charges.

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marble falls divorce lawyerWhen thinking about and discussing the many ways divorce affects a family, we often forget to talk about the effect divorce has on all family members, including the grandparents. For grandparents with adult children, watching their child go through a divorce can be extremely difficult. But, whether you liked or disliked their spouse, you are probably most interested in seeing your child happy. And, of course, Divorce is all but a happy time. So, today, we will discuss how a grandparent can cope with their child's divorce.

While you may be apprehensive about becoming involved in your child's private matters, at the very least, encourage them to contact an experienced divorce attorney. Divorce is a challenging process, and without competent legal representation, their situation will likely become even more difficult than it already is.

Considerations for Grandparents When Their Adult Child is Getting a Divorce

Here are some tips you can implement to help cope with your adult child's Divorce, including:

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How Does Divorce Affect Children?

Posted on in Family Law

Fredericksburg Family Law AttorneyDivorce is a traumatic experience for everyone involved, especially children. While divorce can bring an end to a potentially toxic or unhealthy marriage, it can also leave a profound impact on children’s mental and emotional well-being. Today, we are going to discuss the myriad of ways that divorce can affect children, both in the long term and short term. If you are getting a divorce and are concerned about how it may affect your child, contact an experienced divorce lawyer who has worked in cases involving children. Your lawyer may have recommendations on how best to protect your children from the emotional damage a divorce can involve. 

What Are Some Ways Divorce Affects Children? 

The following is a list of ways divorce may impact children:

  • Emotional impact – Divorce can significantly impact a child’s emotional well-being. Children may experience various emotions, including anxiety, anger, sadness, and depression. In addition, they may feel abandoned by a parent who leaves and may experience a sense of guilt or blame. 

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Llano family violence defense attorneyIn the state of Texas, violent crimes, such as domestic abuse, are often prosecuted aggressively and to the fullest extent of the law. Domestic abuse charges can have severe consequences, including imprisonment, fines, and a tarnished reputation, which can manifest itself in your professional and personal life. Therefore, understanding what actions should be taken and avoided to protect your rights and mitigate the potential damage a guilty verdict could bring is crucial. 

Today, we will examine what you should and should not do if you are ever arrested and charged with domestic abuse. By following these guidelines, you may be able to put yourself in a better position to be found not guilty of the charges brought against you. But first, if you have been charged with domestic abuse, contact an experienced criminal defense attorney who will aggressively defend you against the serious charges brought against you. 

Considerations If You Are Ever Charged with Family Violence

A common phenomenon that sometimes occurs when people are charged with serious crimes is that they are assumed guilty right off the bat before they have an opportunity to present their defense in court. Because those accused of serious crimes are automatically considered guilty, a zealous criminal defense attorney is often invaluable to the defendant since part of a criminal defense attorney’s job is to reframe the narrative to expose reasonable doubt in the prosecution’s strategy.

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Llano County child custody attorneyMost people who get a divorce and have children are often concerned about what the divorce will mean for issues related to their children. When it comes to child custody issues in Texas, courts generally presume that it is in the child's best interest for both parents to share custody of the child and, therefore, share certain parenting rights and responsibilities. When both parents have custody, this is referred to as joint managing conservatorship. But what about cases where one parent seeks sole custody of the child? In Texas, this is referred to as sole managing conservatorship. 

A parent may seek sole custody of their child for various reasons, such as in cases where a parent may be a danger to the child, like in cases of abuse. In this blog, we will look at certain mistakes many parents make when they seek sole custody of their child. If you want to be granted sole custody of your child, understand that this will be no small undertaking and will likely be highly difficult. However, if you are ready for the challenge, contact an experienced child custody attorney who will work to ensure your rights remain protected and you are given the best shot possible at gaining sole custody. 

Common Mistakes in Child Custody Cases

There are various mistakes a parent can make while they fight to gain sole custody of their child. These mistakes, often careless, are sometimes enough to sink their whole effort altogether. Common mistakes include the following:  

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Llano DWI defense attorneyAs with many other states, Texas treats driving while intoxicated (DWI) with the utmost seriousness. If you are pulled over, arrested, charged, and convicted of even a first-time DWI, you will likely face thousands of dollars in fines and mandatory jail time and may lose your driving privileges for up to a year. If that has happened to you, it is critically important that you retain the legal services of an experienced DWI attorney. This blog will delve deeper into possible defense strategies that you and your DWI attorney may be able to implement in your case so that you can avoid being convicted and face the related consequences. 

Defense Strategies for Drunk Driving Charges in Texas

For someone to be convicted of DWI, the prosecution must prove beyond a reasonable doubt the different elements that constitute a DWI charge. An experienced DWI attorney will utilize different defense strategies to cast doubt on the prosecution’s claim that the defendant is guilty of DWI.

Common defense strategies that may be used include but are not limited to: 

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Understanding Child Custody in Texas

Posted on in Family Law

Llano child custody lawyerChild custody often plays a pivotal role in discussions when a couple with children is going through divorce proceedings. As is often the case, parents usually want to shield their child from the ugliness of divorce and maintain the child’s way of life to the fullest extent possible. Child custody discussions are an opportunity for divorcing parents to help ensure that their children’s lives and routines are impacted to the least extent possible. In this blog, we will delve deeper into child custody matters in Texas.

Before we begin, if you are going through a divorce and have children, contacting a knowledgeable child custody attorney can help ensure that your rights are protected. It can also help keep your child’s best interests at the forefront of every conversation.

Different Kinds of Conservatorships in Texas 

In Texas, the law refers to child custody as “conservatorship,” while the parent with custody is called the “conservator.” There are two primary forms of conservatorships in Texas. The first is joint managing conservatorship and then sole managing conservatorship. It is usually presumed that joint managing conservatorship is the most favorable option since most family courts believe that being both parents involved in their children’s lives is better than only one parent being involved. In this context, both parents being involved means each parent will have parental rights and duties. In best-case scenarios, two parents will form a written agreement regarding child custody matters instead of having the court decide.  

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Texas family law attorneyAs children develop, they tend to learn the basics of life, such as walking and talking, from their parents. They also rely on parents to teach them skills that will allow them to become self-sufficient. However, parents can also have a negative impact on their children. In a home where domestic violence has occurred or continues to occur, even young children can sense the problems, and witnessing violence can have lasting effects on children of all ages. 

What Is Considered Domestic Violence? 

“Domestic violence” is a term that describes a variety of behaviors used by a person to maintain power over a family member or member of the same household. Most commonly, domestic violence occurs between former and current romantic partners, and it may include threats, physical abuse, sexual abuse, intimidation, isolation, or emotional manipulation. Domestic violence is seen in all social, economic, and racial groups, and it can affect partnerships ranging from casual relationships to married couples. Whether intentional or not, the abuser uses their power to keep the victim in the unhealthy relationship. 

The Effects of Witnessing Domestic Violence

Millions of children witness abuse at home every year. A child deserves a healthy and safe home environment, but in cases involving domestic violence, home may be the last place he or she would want to be. Living with domestic abuse may mean witnessing physical violence, hearing fights, and seeing the aftermath, such as bruises or property damage. When they live in a home where violence is occurring, children may experience a variety of negative effects, including:

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