UA-11185405-1
You are here: Home / Family Law

This one is for the fathers …

May 25, 2011 By Nadia Gilkes, Esq. Leave a Comment

The Legal Edge was thrilled to host a discussion with Eric Legette, Founder & President of Fathers With Voices. His organization is dedicated to guiding fathers through the legal process as they work to establish visitation or custody of their children. Mr. Legette gained the inspiration to help fathers after going through his own court battle 15 years ago. Since that time, he has guided a countless number of fathers through the legal system and helped them yield victorious results. In this episode of The Legal Edge, Mr. Legette gives an overview of the services he provides. He also offers a consultation special in honor of his 15th anniversary – the first 250 fathers to reach out to him by June 30th, 2011 will receive 6 months of consultation services, access to his pre-recorded seminar, and inspirational CD/DVDs with words from Les Brown, all for the price of $90. A select few will also receive a copy of his book entitled “Closing the Curtain on Baby Mama Drama.” Feel free to post a comment after listening to the show. If you are a father who has used Mr. Legette’s services in the past, we would love to hear of your experience.


Listen to internet radio with The Legal Edge on Blog Talk Radio
Filed Under: Family Law, The Legal Edge Tagged With: , , , , ,

Is Adoption the Right Choice For You?

October 24, 2010 By Nadia Gilkes, Esq. Leave a Comment
Have you ever thought of adopting? If so, there’s no better time. At any given moment, more than 120,000 children are in foster care waiting for a home. A child generally stays on the waitlist an average of 11 months before being placed in a permanent home. If you are looking to adopt a child in Texas, there is a certain process that must be followed:
Information Meeting
The Texas Department of Family and Protective Services (DFPS) offers regular informational meetings for families looking to adopt a child. Attendance at one of these meetings is a required first step before a family can move forward with the adoption process. This meeting outlines the adoption process and answers any questions adoptive families may have.  Adoption requirements are also discussed during the meeting. To adopt a child, prospective parents:
  1. Must be at least 21 years of age;
  2. Be financially stable;
  3. Submit to a Criminal Background Check;
  4. Submit to an Abuse/Neglect Evaluation;
  5. Submit to a Home Study.

Assessment Meeting
After attending the Informational Meeting, the prospective parents will meet with a DFPS staff member individually to discuss that family’s specific needs, resources, and desires. During this meeting, the DFPS staff will ask a series of questions to determine the family’s readiness to adopt, and will also use this meeting as an opportunity to determine if the family is a good match for a child with special needs.

Adoption and Parenting Training
Adoptive parents are required to attend the Parent Resource Information Development Education (PRIDE) training session to be eligible to adopt. This is a 35-hour course which discusses the changes prospective parents will experience after the adoption is finalized. The training class discusses possible problems that may arise, and how parents can facilitate the parent-child emotional attachment process.

Home Study
After training is complete, the family is ready for a home study where a DFPS staff member will come to the home and interview the entire family. During the interview the staff member will discuss lifestyle choices, income, stability, family history, and parenting styles. The staff member will also tour the home and look for any potential hazards. The home study results will certify whether or not a family is eligible for adoption, and help match a child with the family.

Child Matching
Generally, the waiting period for a newborn is much longer than the waiting period for older children. Prospective parents will search profiles and meet with children during the waiting period until a viable match is made. Depending on the age of the child a family is seeking, this may be the longest part of the process.

Final Court Hearing
After the family is matched with a child and has lived with the child for at least six months, the family can move forward with finalizing the adoption. During the hearing, the family will testify that all legal requirements have been met and the family is committed to permanently adopting and caring for the child as if s/he was their natural born child. If the child being adopted is age 12 or older, the child must also attend the hearing to testify that the child is in agreement with this adoption. Once the Judge grants the adoption, Court records will be sealed and the family will be issued a new birth certificate showing the child’s new name and replacing the birth parent’s names with that of the adoptive parents.

If you’ve decided that adoption is the right choice for you and your family, I encourage you to contact DFPS to start the process. Siblings and special needs children remain on the waiting list the longest. If you are able to open your heart and your home to children who are hard to place, I’m sure they would appreciate having a permanent place to call home. For legal guidance through the adoption process, call The Gilkes Law Firm for assistance.

Filed Under: Family Law

Prenuptial Agreements: Hope for the Best; Prepare for the Worst

October 17, 2010 By Nadia Gilkes, Esq. Leave a Comment

A Prenuptial Agreement is a contract prepared for a couple that is about to get married. It outlines each individual’s assets and details how property will be separated in the event of a divorce. This may not be the most romantic of topics, but in this day and age many see it as a necessity.

You may have heard that Texas is a community property state, but do you really know what that means? Essentially, everything earned during the marriage is considered community property (including your salary) and each spouse is entitled to half of the property. For example, if one spouse has a job earning $100,000 per year and the other spouse is a stay-at-home parent – under Texas law each spouse earns $50,000 per year. Since income is community property, anything purchased with your earnings is also considered community property including stocks, bonds, cds, retirement plans, rental properties, etc.

By having a prenuptial agreement, a couple can agree to keep some assets classified as separate property in the event of a divorce. This can preserve your financial health should your marriage come to an end. To have a valid prenuptial agreement, there are certain steps that must be followed.

  1. You should discuss prenuptial agreements early in the relationship – some would say, even before you are engaged. Letting a potential spouse know how you feel about this topic lets them know that you are conscience of your financial health and should open the door to other discussions about how finances will be handled during the marriage.
  2. Honesty is a key component to a valid prenuptial agreement. Both parties must disclose all property and assets they own in an inventory & appraisement (I&A). It is also a good idea to see each other’s credit report to verify that nothing has been overlooked. If assets are purposely left off of the I&A in an attempt to hide or defraud the other spouse, this could invalidate your agreement. There must be full disclosure for a prenuptial agreement to stand up in Court.
  3. To guard against the appearance of undue influence or any conflicts of interest, it is best if each party has their own attorney review the document before signing. Having your own private attorney allows all legal questions to be answered openly and honestly and ensures that each person’s interest are protected to their satisfaction.
  4. To guard against the appearance of coercion, the prenuptial agreement should be signed well in advance of the wedding date. I generally tell couples to use the date the invitations will be mailed out as a guideline. You should meet with your attorneys 4-6 weeks prior to mailing out wedding invitations to begin drafting the terms of the agreement. The agreement should be finalized and signed one week prior to the date you are mailing out invitations at the latest. This gives the couple adequate time to review the terms, consider the implications, and back out of the wedding or agreement if they feel the need to.

Timing is crucial when considering a prenuptial agreement. If the topic is first brought up mere weeks before the wedding, the spouse who is being surprised with the idea can successfully argue that they signed the prenuptial agreement under duress because they didn’t want to suffer the embarrassment and expense of calling off a wedding mere days before the scheduled event. Weddings take a lot of time, energy, and money. There are non-refundable deposits, family members often have to make travel arrangements, decorations and dresses have to be bought or made, and the stress-level in planning all the details is extremely high. It is unfair, as well as unethical, to “surprise”  your future spouse by waiting until the last minute to bring up the topic of a prenup. Judges will usually rule an agreement invalid under these circumstances.

Everyone wants to believe they will have a long, happy marriage, but not planning for divorce could have severe consequences. Many adults find themselves living with their parents after going through a divorce. Statistics show that divorced women with children are 4 times more likely than married women to be at or below the poverty line. With less than 60% of married couples making it to their 15 year anniversary, it is critical that you protect your financial future. If you are contemplating marriage and would like more information on Community Property laws or prenuptial agreements, feel free to call The Gilkes Law Firm. We’re here to help.

Filed Under: Family Law, Financial Health

Help End Domestic Violence

October 12, 2010 By Nadia Gilkes, Esq. Leave a Comment

End Domestic ViolenceAt least 1 in 4 women and 1 in 9 men will be the victims of domestic violence at some point in their lives. (US statistics)

On average, more than 3 women are killed by their spouse or boyfriend every day. 

2 million women and 600,000 men are injured by their intimate partners every year.

More than 320,000 women are injured each year by their intimate partner during their pregnancy.

1 in 5 female high school students reported being sexually or physically abused by their dating partner. There is a direct correlation between teen domestic violence and teen pregnancy, as well as a correlation between teen domestic violence and teen suicide.

The statistics are staggering and the victims keep getting younger. We must come together to end domestic violence. There are many ways that all of us can work to end this epidemic.

- If you know someone who is the victim of domestic violence, help them find resources such as counseling or domestic violence shelters.
- If you work with someone who is being abused, keep a journal of their injuries and absences. This could be used as evidence if the offender is ever brought to trial.
- Volunteer to man the phone lines at a local hotline call center.
- Join the Million Voices Campaign and become a catalyst in your community. Education yourself on the Domestic Violence epidemic and spread the word. Take advantage of the free education materials provided by the National Domestic Violence Hotline.
- SHOP TIL IT STOPS!! October is Domestic Violence Awareness month and many have joined forces to raise awareness and end the stigma of domestic violence. During the month of October, you can shop for a cause. You just may save a life in the process.

  • Throughout October, Celtic Rock Band Apsylon is donating 100% of the profits from all digital downloads from their website. The proceeds will go to benefit the National Domestic Violence Hotline and loveisrespect.
  • Project Runway’s Tim Gunn joins Marshalls in presenting their shoe promotion. From October 1st, 2010 – October 15th, 2010, Marshalls will donate $1 to the National Domestic Violence Hotline for every pair of shoes sold. Click the link below to watch the video.

Tim Gunn and Marshalls presents Shop Til It Stops!

For more information on Domestic Violence and to see what you can do to help, including making a donation to the cause, please visit the National Domestic Violence Hotline.

Filed Under: Family Law

Paternity Matters

October 12, 2010 By Nadia Gilkes, Esq. Leave a Comment

It’s been over a year since Steve McNair was killed and his estate is still up in the air. Since he didn’t leave a will to manage his estate, his widow was left to move forward with the Probate Administration without much guidance as to how the estate should be distributed. McNair and his wife Mechelle had two young children, Tyler and Trenton. McNair also had two other children from two additional women – Steven L. McNair, Jr. and Steven O.K. McNair. Despite the fact that the older two children carried her husband’s name and knew him as their father, Mechelle initially left them out of court documents when identifying McNair’s heirs to the Court. Her reasoning was that she lacked sufficient information to confirm or deny whether Steve was their father or not. Rumor has it, there was strife among the families long before Steve McNair passed away.

This is an excellent example of 1) why everyone should have a  Will; and 2) why it is important to establish paternity for your children.

If you have a properly executed Will, the Court will distribute your assets as you have requested as long as the items are available in your estate. Barring a lawsuit to contest the Will, beneficiaries cannot easily be overlooked when their share of the estate is outlined in the Will and accepted by the Court. In our current society where blended families are the norm, it is strongly recommended that you put your wishes in writing so no one can discredit your intent later. This prevents confusion over where your assets should go, and it would help to prevent your spouse or some other relative from disowning your children after you are gone.

In the case outlined above, Steve McNair named his two oldest kids after himself and reportedly took care of them throughout his lifetime, so one would think this would be enough to protect their rights as his heir. Well this is not necessarily the case. In some states, such as Texas, your rights as a father are not established or protected until you have formally taken the responsibility of being a father. There are three types of fathers in Texas:

1. Presumed Father
- You are married to the mother of the child when the child is born; OR
- You were married to the mother and the child is born within 300 days of the divorce; OR
- You married the mother of the child after the child was born AND voluntarily placed your name on the birth certificate, signed an acknowledgement of paternity, or promised to support the child as your own; OR
- You reside with the child during the first two year of his/her life and represent to others that you are the father.

2. Acknowledged Father
The mother must sign an Acknowledgment of Paternity with the man claiming to be the biological father of the child. This form must be signed under oath, in the presence of a certified official, and filed with the Bureau of Vital Statistics. A DNA test is not required to sign an Acknowledgment of Paternity. This document has the same effect as a Court determining that you are the father.

3. Adjudicated Father
A Judge determines that you are the father after reviewing evidence (usually a DNA test) or hearing testimony on the matter of paternity. A man may also submit a pleading to the Court stating that he is the father, or testify to that effect under Oath in open Court.

As you can see, your legal rights are not preserved by merely giving the child your name or even by signing the birth certificate. There are a few additional steps to be taken before you are considered a child’s father under the eyes of the law. Once you are legally determined to the be father of a child, your parental rights are then protected. This includes the right to visitation and/or custody, as well as the right to make decisions regarding the child’s upbringing. Establishing your rights as a father also attaches the duty to support the child which generally means paying child support and medical support if you are not the primary custodian. Legally establishing your paternity also gives your child the right to inherit from you after you have passed away. When your rights are properly established and accepted by the Court and/or Bureau of Vital Statistics, it is very difficult if not impossible for someone to invalidate that later.

The Texas Department of Vital Statistics keeps track of parentage records and has devoted a FAQ section to their website to answer general questions. If you would like to file a Petition to Adjudicate Parentage, feel free to call our office to discuss the circumstances of your case.

Filed Under: Estate Planning, Family Law, Paternity

Gay Adoption

September 24, 2010 By Nadia Gilkes, Esq. Leave a Comment

On Wednesday it was announced that the 3rd District Court of Appeals overturned the ban on gay adoption in Florida – the only state in the Nation to have a law of this magnitude. The court ruled that there was no rational basis to allow gay couples to act as foster parents and guardians, but prohibit them from adopting simply based on their sexual orientation. Even those with a criminal records are allowed to apply for adoption and be reviewed on a case-by-case basis.

It is almost a guarantee that this case will be appealed to the Supreme Court where the ultimate decision will be made. But for now, gay couples in Florida can consider this a small victory. This article was posted 9/22/10 at Breaking Legal News: Court affirms overturning Fla. gay adoption ban

In Texas, single parent adoptions are allowed by the GLBT community, however joint adoptions and second parent adoptions vary per County. If you are a gay couple seeking to adopt, please visit Adoption Pride’s website for a list of gay-friendly adoption centers.

Filed Under: Family Law Tagged With:

Facebook Can Be Your Downfall

September 23, 2010 By Nadia Gilkes, Esq. Leave a Comment

Forgot to de-friend your wife on Facebook while posting vacation shots of your mistress? Her divorce lawyer will be thrilled.

“Oversharing on social networks has led to an overabundance of evidence in divorce cases. The American Academy of Matrimonial Lawyers says 81 percent of its members have used or faced evidence plucked from Facebook, MySpace, Twitter and other social networking sites, including YouTube and LinkedIn, over the last five years.

“Oh, I’ve had some fun ones,” said Linda Lea Viken, president-elect of the 1,600-member group. “It’s very, very common in my new cases.”

Facebook is the unrivaled leader for turning virtual reality into real-life divorce drama, Viken said. Sixty-six percent of the lawyers surveyed cited Facebook foibles as the source of online evidence, she said. MySpace followed with 15 percent, followed by Twitter at 5 percent.

About one in five adults uses Facebook for flirting, according to a 2008 report by the Pew Internet and American Life Project. But it’s not just kissy pix with the manstress or mistress that show up as evidence. Think of Dad forcing son to de-friend mom, bolstering her alienation of affection claim against him.” Article originally posted on Breaking Legal News

If you are currently going through a divorce or custody battle, it is best to deactivate your social networking accounts until your legal woes are over. Many people are not familiar with the privacy settings on their account and end up revealing much more than they anticipated. It can also be difficult to determine who’s side your “mutual friends” are on, until they are in court testifying against you and backing up their testimony with posts from your social networking pages. Family Law trials can be very costly and you don’t want to lose your case because of a Facebook posting. Be on the safe side and be VERY careful about what is posted or just deactivate the account for the time being. The short inconvenience of being offline could save a lot of humiliation and heartache down the road.

Filed Under: Family Law Tagged With:

Divorce Insurance

September 20, 2010 By Nadia Gilkes, Esq. Leave a Comment

A new concept was brought to my attention today that I wanted to share with you. I’m sure you’re familiar with Life Insurance, Health Insurance and Auto Insurance. Now, there is a new insurance hitting the market – Divorce Insurance. That’s right, you can purchase insurance to protect you in the event your marriage ends in divorce. This is a new concept, but with the divorce rate over 50% in many jurisdictions, it might be worthwhile to consider. In many instances, people take a huge financial blow after divorce.

In Texas and many other community property states, everything in a marriage is split 50/50 including salary, stock options, and retirement benefits. If one person is the primary breadwinner while the other person remains at home throughout the marriage, the breadwinner can work years to accumulate wealth and security – only to see their spouse walk off with half of it in a divorce. As a consequence, many people spend years after a divorce living at or near the poverty level while trying to get back on their feet. This reality makes divorce insurance a great idea.

The cost of divorce insurance starts at $15.99 per month which pays out a minimum of $1,250 upon divorce. Additional insurance can be purchased to pay out a maximum of $1.25 mil. The amount of your payout depends on the policy limit purchased and the length of time you’re insured. Your marriage must last a minimum of 4 years to qualify for a payout.  If your marriage ends sooner than 4 years, you may qualify to receive all of your premiums back. For more information, visit Wedlock Divorce Insurance. This just might be your financial lifeline should your marriage take a turn for the worse.

Filed Under: Family Law Tagged With:
© 2012 - Sitemap - Privacy Policy
Admin