Whittaker Parks was planning on a quiet end to his legal career. But within an hour of meeting John David Bain he knew that he had landed the case of a lifetime. The reward of helping John David recover what he had thought was wrongfully taken from him far outweighed the risks of taking on the most prestigious and well connected law firm in East Texas. John David was permanently disabled due to a heart transplant, so when his wife, Lola, won the lottery and then proceeded to try and hide the money from him and have their marriage annulled the battle was on. When the truth was uncovered and the verdict was rendered, even Whittaker Parks was astonished at the outcome. But not as astonished as he would be in the days following the trial.

The Annulment captures the horrific aftermath of one woman’s plot to deceive her husband. Once she started down the slippery slope of opting for greed over conviction, the next logical step was to out the one person in the world she should have found refuge in…

The attorneys on each side of the case possessed enough legal and personal vibrato to last a lifetime. But all the legal wrangling in the world wouldn’t assure victory once the truth of the matter at hand was brought to light.

To download the first chapter of the book, visit: http://abenhenderson.com/the-annulment/. To hear an archive of Mr. Henderson’s appearance on The Legal Edge, click the player below.

CASA of Tarrant County
101 Summit Avenue, Ste. 505
Fort Worth, Texas 76102

If you would like Teddi Wiggins to speak about volunteer opportunities at your function or get-together, she can be reached at 817-877-5891 OR teddi@casatc.org. You can get more information on CASA’s mission at casatc.org OR speakupforachild.org.

The Gilkes Law Firm would like to extend our sympathies to the family of Judge Scott Moore. Judge Moore was instrumental in bringing CASA to Tarrant County in 1983. He worked tirelessly to ensure that every child’s voice was heard. Throughout his career he saw thousands of abused and neglected children helped in large part because of his vision and efforts. Judge Moore passed away this morning but his mission will live on through the work of CASA and through caring individuals like you who answer the call to Speak Up For A Child.

For business owners who would like to become a sponsor of the The Legal Edge, please send an email to request a rate sheet. We have advertising packages starting as low as $50 per month.

The Gilkes Law Firm is wishing everyone a happy, healthy, and prosperous 2011. In the spirit of the tradition, a drawing will be held for a $25 Gift Card to the Black Eye Pea Restaurant.

To be entered into the drawing, simply respond to this blog post by letting us know, “How Do You Plan to Celebrate New Year’s?”

The drawing will be held on New Year’s Day at 6:00PM. Only one entry will be entered per person. Thank you and good luck to all participants. Have a wonderful New Year!

 Guardianship Declarations are when one person is given the legal right to make decisions for another person who has been declared incapacitated and cannot care for themselves (commonly called the “ward”). Wards are most often children, elderly persons, or persons with severe medical issues. The guardian has the power to determine what medical care is given to the ward, where the ward lives, who can visit the ward, etc. There are two types of guardianships; a Guardian of the Person (who does all of the above) or a Guardian of the Estate (who manages the ward’s finances).

 Guardianship Declarations are most commonly filled out by parents who want to name the person who will care for their children in the event the parents themselves are no longer around. In Texas, a parent may appoint a guardian for a minor by executing a written declaration.

 Are guardians just for protecting your children? No, they can also be for the protection of yourself or your estate. You can execute a Declaration of Guardian to name who you want to care for you in the event you become unable to care for yourself. (When filling out the form, you can also name who you do not want to serve as your guardian—the courts usually abide by this without question. This is a good option if you have a close relative who may not have your best interests at heart). Having a Declaration of Guardian minimizes court intervention regarding the appointment of a guardian.

When you choose a guardian, you can also declare an Alternate Guardian to be appointed if the first guardian is unable to care for you. It is important to have a contingency plan, as life changes and the person you initially choose may not be able to serve as your guardian several years from now. Remember that whoever you declare guardian over yourself or your child is dedicating a great deal of time and resources to care for your best interests so choose carefully. As always, feel free to contact The Gilkes Law Firm for advice on who to choose as your guardian, crafting the Guardianship Declaration, and completing any additional legal paperwork.

Dispelling the Myths
There are many myths and fears that keep people from becoming an organ donor. The main one is that if you are near death, and you are an organ donor, the doctors will not try to save you. This is absolutely untrue. The medical team and the transplant team are two completely separate entities. The transplant team is not called in until every effort has been made to save your life and the efforts proved unsuccessful.

Contrary to what many people believe, the family is not charged any fees to facilitate an organ donation. All costs are covered by a Nonprofit Organ Procurement Organization (OPO), no cost are passed down to the family.

Many feel that organ donation may be against religious beliefs. In reality, most mainstream religions support organ donation and consider it a charitable gift. The current and former Pope strongly support organ donation and Pope John Paul II called donation “a sincere gift that expresses our call to love and communion.”

Answering the Call
Every day, 17 people die waiting for an organ donation. At any given moment there are 96,000 people in the US awaiting a transplant – 7,000 located in Texas. Blacks and Hispanics have the most urgent need for transplants because it is often harder for this population to find a match.

 One donor can save up to eight lives by donating organs, eyes, and tissue. If you feel compelled to pass on the gift of life, you are encouraged to visit the donor registry and sign up today.

Reasons for a Name Change for Adults

The reasons for name changes for adults include:

• Marriage,
• Divorce,
• A name which is difficult to spell or pronounce,
• Making a political or personal statement,
• Creating a professional identity, and
• Reclaiming the original spelling of a family name.

Reasons for a Name Change for Children

Reasons for a child’s name change are fewer and include:

• Adoption,
• Taking on his or her natural father’s name, and
• Changing to a mother’s maiden name after divorce.

If you are changing the name of your child who is over 10 years old, your child needs to sign a document agreeing to the name change.

Filing a Petition for a Change of Name to Your Texas District Clerk

Most counties in Texas have a name change packet that includes step-by-step instructions on what you need to do to have a name change. These packets include two important forms: the Original Petition for Change of Name and the Order Granting Change of Name. The packet will also include a verification form which must be signed in the presence of a notary. There are instructions on where to file the documents (usually with the District Clerk). Remember that when you are seeking a name change, you must sign off that you are not changing your name to falsify records, to avoid debts, or for any other wrongful, fraudulent or capricious purpose. You also must agree that the name change is in the best interest of the public. In Texas, it costs approximately $230 to change your name.

The Court Hearing

Although a court hearing is usually required for name changes in Texas, there are a few exceptions such as after a marriage or as a part of the divorce process. If a hearing is required, you will state the facts of your petition and the reasons behind your desire for the name change. If the judge approves, he or she will sign the Order Granting Change of Name at the end of the hearing. This document will then need to be filed with the District Clerk.

After your name change has been approved, you can use the order to change your driver license and social security card. You should also notify your bank, employer, insurance company, doctors, and utility companies. If you do not want to attempt a name change on your own, The Gilkes Law Firm can handle the process for you. Flat Fee rates are available for your convenience. Best wishes to the new you!

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.

The purpose of auto insurance is to ensure that you can cover a financial  loss should you cause an accident. There are several components to your automobile policy:

• Bodily Injury: covers medical bills for a person injured in an accident you cause. In many cases, this coverage will extend to an individual driving your car with your permission.
• Property Damage Liability: covers damage done to property in an accident that you cause. This can include damage to another person’s car, buildings, fences, lamp posts, or any other property that you may hit.
• Collision: protects your vehicle from damage done in an accident. The insurance company will either cover the costs of repairs, or the value of your car if your car is deemed to be totaled. You will likely have to pay a deductible and any other fees allotted by your insurance company.
• Personal Injury Protection: covers injuries you receive during an accident when you are travelling in your car. This insurance covers you whether you are the driver or passenger. Policies often vary but some will cover rehabilitation services, lost wages, and funeral expenses.
• Uninsured/Underinsured Motorist Coverage: protects you if you are ever in an accident with an individual who does not have insurance, or who does not have enough insurance to cover the cost of your property damage or medical expenses.

In Texas, the current state minimum requires that drivers carry $25,000 in  bodily injury coverage with a maximum payout of $50,000 per accident. Drivers are also required to carry $25,000 in property damage coverage. On January 1, 2011, these minimum requirements will increase to $30/60/25.

It is against the law to drive without the minimum state requirements. In many cities, uninsured drivers risk getting their car impounded if caught driving without proof of insurance.

For more information on automobile coverage, additional ways to adhere to the financial responsibility laws, or the new state limits feel free to call the State of Texas Consumer Help Line at: 800-252-3439. You can also review Automobile Insurance Made Easy, a publication issued by the Texas Department of Insurance.