How to Adopt a Child

So You’ve Decided to Take in a Stray?

Many years ago, when I was but a wee lad, I was adopted.  As an adoptee (stray), I feel a sort of obligation to adopt a child into my home one day.  It’s like some sort of pyramid scheme.

I tell you this because I’ve had the same thoughts as you have now and I just didn’t know where to begin.  Let me explain how simple this process can be and show you where to begin.

Step 1: Terminate Parental Rights

Before an adoption can be granted, the prior parents’ rights must be terminated.  I have an entire Blog Post devoted to this topic that I recommend you checking out first.  However, the termination can be pursued simultaneously with the adoption so that they are combined at the final hearing.  In fact, this is the recommended method.

Step 2: Preadoptive/Postplacement Social Studies

Sounds scary doesn’t it?  Don’t worry, the name is the scariest part.  Most likely, the child has already been living with you for awhile so you can combine both of these into one.

Basically, a social worker will visit and inspect your home, interview you and your spouse, and interview the child.  They are not looking for reasons to disqualify you as parents but gathering information that they will supply to the Court on whether they recommend your home as being in the best interest of the child.  This step usually takes the longest so you’ll start it first.

Step 3: Criminal History Report

This part worries people because they are afraid that a minor lapse in judgment in college is going to ruin everything.  Having a blemish on your record doesn’t stop you from being able to adopt, but the Court just wants to have all of the information available to decide on.

Step 4: Health, Social, Educational, & Genetic History Report

If you are closely related to the child, this report isn’t required.  Think of this report as a Carfax for the child.  It chronicles any genetic predispositions to diseases up to the child’s grandparents, the status of educational developments since birth, immunization and health records, and so on.  For non-family adoptions, this report is very helpful.

Step 5: Final Hearing

I didn’t include File the Petition as the first step because I think it is better to discuss it here.  Everything that you want the Judge to Order at the final hearing must be requested in the Petition.  Basically, you can’t get it unless you ask for it.  Don’t neglect the name change.

At the Final Hearing, you and your spouse will take the witness stand and “prove” all of the things listed above.  Once all of the testimony is entered, you will ask the Judge to terminate the prior parent-child relationship and grant the adoption.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC  - Family Law Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322

Tel: (806) 702-4852 | Fax: (806) 576-1318

Attorney@MatthewHarrisLaw.com 

Picking your Estate Executor

News Flash

After reading this post, you are going to die.  (on a long enough timeline)  A very macabre observation, I know, but I only mean to point out that we must all make plans to prepare for this unavoidable event.

Your plans should include choosing an Estate Executor, and below we’ll discuss some of the factors that you should consider when making this decision.  Just to clarify, an Executor is the person that you name in your Will to manage your affairs.

Honesty/Integrity/Trustworthiness

By far, this is the most important factor to consider when choosing an Executor.  They will have nearly free reign to all of your assets that you worked your entire life to obtain.  It will be their responsibility to protect and distribute these assets according to your last Will.

Texas Law requires that Executors post a bond to cover their actions if they do not act appropriately, but this requirement can be waived by you in your Will if you trust the person that you have named.  As my Law Professor always said, if you don’t trust them enough to waive that bond requirement, then maybe you should consider a different Executor.

Ability to Act

Since you’re going through all of this trouble to carefully choose your Executor, it would be a shame if that person wasn’t able to perform the duties that you desire.

You should ask that person if they’re even willing because they have to accept these duties and may refuse if it is sprung on them.  Consider where that person lives since you will want someone locally to meet with the Court, attorney, and personally manage the assets.

Something else to consider is that person’s age/health.  Obviously, your Executor has to outlive you in order to manage your estate, so it is wise to evaluate their likelihood of doing so.  Most people defer to their eldest child, but the options are limitless.

Along with their ability to act for you, it is prudent to consider what type of lifestyle they lead.  If they are a single mother with eight children, ages 1-9, then they may already have enough responsibility in their lives and may have difficulty squeezing more in for you.

Ability to Act Responsibly

Not to be confused with their integrity or honesty, you should choose an Executor that will act responsibly in managing your estate.  Even an honest person can be fiscally irresponsible.

Determine whether they have any experience managing money or even taking part in business transactions.  Ask if they have made investments or managed a company. 

You’ll want to consider whether they would act professionally when the family has a disagreement over a course of action and be firm in their decisions.  You should also consider if they would be willing to consult with an attorney if they run into trouble.

After you’ve made your selection, do it all over again because you’ll need a back-up or two.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC  - Estate Management Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322

Tel: (806) 702-4852 | Fax: (806) 576-1318

Attorney@MatthewHarrisLaw.com 

Terminating Parental Rights

It’s a Dirty Deed

Any time I discuss the topic of terminating parental rights, many people become visibly uncomfortable. 

Some see it as a dirty job because they envision a parent getting out of their parental duties scot-free.  However, sometimes it is a necessary stepping stone to strengthen a family bond.

How it Strengthens the Family Bond

With the current marriage failure rate hovering right around 50%, it is no surprise that many step-parents are developing close bonds with their step-children, especially when the non-custodial parent is less than ambitious in their duties.  When you cross over into deadbeat parent territory (haven’t seen or communicated with the child in years) then terminating their rights and pursing an adoption may help to strengthen that familial bond.

Not all terminations of parental rights are done with the thought of immediately pursuing an adoption.  Sometimes parental rights are terminated just because it is best for the child.

Two Ways to Terminate Parental Rights

Everything we do is “in the best interest of the child,” and sometimes it is in the child’s best interests to have their parent’s rights terminated.  These usually stem from some incident or ongoing behavior.  Their rights can be terminated Voluntarily or Involuntarily.

Voluntary Termination of Parental Rights

By far the simplest method of terminating the parent-child relationship is when the parent does so voluntarily.  I won’t go in depth of why a parent would do this, but I’ve seen instances where they do it because they know the child is better off or when they know that their rights are going to be terminated involuntarily anyway and they want to save everyone the trouble.

Parents seeking this route will sign a document called a Mother’s/Father’s Affidavit for Voluntary Relinquishment of Parental Rights.  In Texas, this document is about 6 pages long and contains many provisions that are required by law.  It must be acknowledged by two witnesses and signed in front of a Notary Public.

Involuntary Termination of Parental Rights

This method is usually the messiest and the costliest of the two.  An involuntary termination requires a hearing before a judge and/or jury where the Petitioner has to prove the Grounds for termination and that it is in the best interest of the child to terminate rights.

The Family Code provides a laundry list of grounds that would support termination, such as: abandoning the child without providing adequate support, knowingly placing the child in danger, abandoning the pregnant mother, and many others. (Fam. Code § 161.001)

If you are considering attempting an involuntary termination, I HIGHLY recommend that you speak with your attorney and weigh all of your options instead of trying it alone.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC  - Family Law Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322

Tel: (806) 702-4852 | Fax: (806) 576-1318

Attorney@MatthewHarrisLaw.com 

Criminal Law for Kids

He Did WHAT?!

This is the most common reaction by parents when a police officer shows up on their doorstep with a hand on their child’s shoulder.

All children make mistakes and that’s just how they learn valuable life lessons.  Unfortunately, some of those mistakes have long lasting consequences that outweigh any valuable life lesson that they may have learned.

Children Aren’t Guilty

Before we talk about their guilt, we have to clarify who qualifies as a child.  Most people assume that you’re a child unless you’ve reached your 18th birthday.  However, under Texas Law, a child is generally defined as someone who at least 10 years old and less than 17 years old.

According to Texas Law, children aren’t prosecuted according to our criminal procedures like adults are; instead, their law is found under the Texas Family Code.  Adults are found guilty of committing crimes, but children are found to have engaged in delinquent conduct.

For example: In the adult system, if someone steals something, they can be found guilty of theft.  In the juvenile system, on the other hand, if the child steals something then they can be found to have engaged in delinquent conduct; that conduct being theft.

How to Protect Children During an Investigation

Even though you likely aren’t an attorney, there are steps you can take to help protect your children’s rights until you can speak with an attorney.  Do not be afraid to inform the police if you want to invoke your child’s right to remain silent, that you or your child wants an attorney present during any questioning, and that you or your child do not consent to any searches.

Juvenile Records Do Not Disappear at Age 18

There is a common misperception that juvenile records automatically disappear or are destroyed when the child turns 18.  There are processes available to have them destroyed when the child turns 18, 21, and 31, but it depends on the adjudication by the court and type of crime the child was found to be delinquent for.

There is a process where some offenses are automatically certified for restricted access, but this isn’t an option for all cases and depends on the type of crime the child was found to be delinquent for and the child’s subsequent record.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC  - Criminal Defense & Family Law Divisions

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322

Tel: (806) 702-4852 | Fax: (806) 576-1318

Attorney@MatthewHarrisLaw.com 

Here's Why You're Not Guilty

Your Arraignment

When you’re accused of a crime, at some point you’ll be brought in front of a Judge to make your plea. 

You don’t want to lie to the Judge, so you plan to plea Guilty.  What you do not realize is that you’re about to make a mistake that you’ll regret for years because you’re actually Not Guilty.

What Does “Not Guilty” Mean?

Contrary to what some TV personalities preach, pleading Not Guilty does NOT mean, “I didn’t do it.”  Heck, it doesn’t even mean, “I’m Innocent.”

Not Guilty simply means:

¨ “I want a chance to see the evidence against me before making a decision.” and/or

¨ “The Government has the burden, and I’m not doing their job for them.” and/or

¨ “I am presumed innocent and I’m not going to volunteer to be guilty.”

How Are You Presumed Innocent?

If you’ve watched Cops, you’ve heard the narrator say that “all suspects are innocent until proven guilty in a court of law.”

Well the problem with that is when you say until, then you presume that they will be proven guilty in a court of law at some point.  Well that’s just not how it works.

According to Texas Criminal Law, all persons are presumed innocent unless proven guilty.  At this stage of the proceeding, the State has merely pointed a finger at you and accused you of a crime and hasn’t presented ANY evidence against you, much less proved any guilt.

Will Pleading Not Guilty Get You More Punishment?

Absolutely not!  This might seem rude, but it is downright dumb to plead Guilty at your arraignment because you throw yourself at the mercy of a Court that you don’t understand.

This might seems surprising, but THE JUDGE DOES NOT WANT YOU TO PLEAD GUILTY AT YOUR ARRAIGNMENT!  I hate using all-caps, but it is that important.  The Judge will likely even tell you that it is a good idea to consult with an attorney first and highly recommend against pleading Guilty at your arraignment.

It’s like going to the Judge and saying, “I did it, I need to be punished, please punish me!”  If I hadn’t seen this happen with my own eyes, I wouldn’t believe it; but trust me, pleading Guilty at your arraignment is the fastest way to get the maximum sentence.

Simple Math/CliffsNotes

In case none of the above is sinking in, or perhaps you want CliffsNotes for your upcoming arraignment, here it is in a nutshell.

Plead Not Guilty + Consult with your Attorney = Protect your Rights

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC  - Criminal Defense Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322

Tel: (806) 702-4852 | Fax: (806) 576-1318

Attorney@MatthewHarrisLaw.com 

How to Prepare for a Consultation

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Your Frequently Asked Questions

For your Thursday post, I want to highlight one of the FAQ sections from the New Client Welcome Center on the main law firm webpage.

When should I make an appointment?

We recommend that you plan to make an appointment 2 days in advance.  This will give us greater flexibility in creating our schedule and allows us to prepare for our meeting.

If you have a pressing matter and need to meet sooner, we will do our absolute best to accommodate your schedule.

How should I dress for our meeting?

If you need to make an appearance in court, we’ll discuss your wardrobe; but until then just dress comfortably and avoid anything with offensive slogans or images.

What should I bring with me?

Make sure that you bring all of the relevant documents that might help us to evaluate your case.  This includes any court documents, letters, pictures, reports, and medical records.

Bring the necessary documents so that you can fill out the Client Intake Form (Fig. 1).  Also, please bring any contact information you have for people that are associated with your case (both for and against).

Who else should come with me?

The Attorney-Client Privilege allows you and your attorney to discuss the gritty details of your case without fear of someone forcing your attorney to disclose anything you have revealed.

At Matthew Harris Law, we take the Attorney-Client Privilege very seriously and hold your information in the strictest of confidences.  If we allow people that aren’t directly related to your case, such as family members and friends, then you may inadvertently waive that privilege and your attorney could be forced to disclose what you have revealed.

So in an effort to preserve your rights, we ask that you not bring family members or friends to your meetings with us.  If you must bring someone else with you, then explain to them why they must sit in the waiting room instead of sitting in the meeting.

Are my children allowed to come to my meeting?

Because much of our practice is devoted to Family Law, we love spending time with kids and truly look forward to helping their legal situations. 

We aren’t like other law firms that prohibit children from the office, but we do encourage you to leave children with a caregiver, if they are not directly involved in the case, during your meeting so we can focus on your legal issues. 

Matthew Harris Law - New Client Welcome Center

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322

Attorney@MatthewHarrisLaw.com 

(806) 702-4852 

www.MatthewHarrisLaw.com

You're Fired!

Fear Friday

Unfortunately, in this economy, getting fired/laid off/let go/etc. is happening at an alarming rate.  Maybe you thought you were doing pretty good work, or maybe you knew you it was coming.

Regardless, most people do not think they deserved being fired and ask me what their legal options are regarding wrongful termination.  Below, we’ll discuss this more in-depth.

“We find it’s always better to fire people on a Friday; studies have statistically shown that there’s less chance of an incident if you do it at the end of the week.” —Office Space

Texas Employment Law

Texas subscribes to the “at-will-employment” doctrine.  Essentially, this means that when you accept employment at a job, unless you have entered into a contract for different terms, you are guaranteed employment until you quit or you get fired, whichever occurs first. 

I bet you’re confused.  This doctrine gives you the freedom to quit for any reason you want, no matter how silly or outrageous.  Actually, you can even quit for no reason at all.  However, the other side of this freedom coin gives your employer the right to fire you for any reason, or even no reason at all.  Well, almost any reason, there are some limitations.

Reasons You Can’t Be Fired For

Obviously, our society is better served when we disallow businesses from engaging in discriminatory practices.  For that reason, an employer can’t fire you (or take any adverse employment action against you) based on your race, creed, religion, age, national origin, disability, possibly sexual preference, or other protected classification.

In addition, there are some Public-Policy Exceptions that employers cannot fire/act against you.  Your employer cannot fire you because you’ve been called for Jury Duty, because you filed a Worker’s Compensation Claim, for refusing to break the law for your employer, being a whistle-blower, or filing a discrimination claim.

How to Protect Yourself from Employment-at-Will

If you and your employer enter into an employment contract, then the conditions of your job will be governed by your agreement.  Most standard employment contracts outline that you can be terminated “for cause,” which means that they need a reason to fire you.

However, if you are contemplating bringing a wrongful employment lawsuit against a former employer, remember that the burden will be on you to prove that you and your employer entered into such a contract and the terms of the agreement. 

Most employers won’t agree to such a contract because they like the freedom of firing people at will.  But remember, even though you don’t have the luxury of an employment contract, be thankful that you even have a job right now in these difficult times. 

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC  - Business Law Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322

Tel: (806) 702-4852 | Fax: (806) 576-1318

Attorney@MatthewHarrisLaw.com 

I Want a Divorce!

Same Sad Story

You know the routine.  You and your spouse begin bickering over something minor.  It’s stupid really (volume of the TV, dishes, etc.) but it opens the floodgates and the real fight is on.

This is the fight that has been brewing under the surface like magma waiting for a volcano to lose it’s top.  Statistically, your fight will involve money.

Someone’s ego gets hurt and in that moment of pain, they blurt out, “I Want a Divorce!”  Words like that can’t be taken back like a bell can’t be unrung.

Now What?

This is the fork in the road where you both either take some time to cool down and realize how stupid the fight was in the first place, or you realize that your marriage has been in serious trouble for awhile now and you’ve both been afraid to admit it.

Sometimes, at this point the couple begins a frank discussion about the best way to get divorced in the same manner that a CEO would discuss selling a branch of the company.  In these potential divorce discussions, there is a common thread of matters to be considered.

Considerations in Preparing for Divorce

A divorce effectively takes one home and divides it into two.  Everything should be considered for division if anticipating a divorce, (retirement benefits, alimony, health insurance, etc.) but there are a few things that need extra consideration.

These considerations can be listed under three categories: Children, Finances, and Property.

Property

You need to grab a sheet of paper (yes they still make the stuff) and draw a line right down the middle; one side for each of you.  At the top, write “Separate Property” and list the things that you and your spouse owned before marriage, gifts, inheritance, etc.  These things aren’t to be considered for division, but what isn’t Separate is Community Property and divided.

Children

Everyone’s first instinct is to demand custody of the children.  Unfortunately, some parents vie for custody simply as a bargaining chip to use against the other parent.  Discard any thoughts about what you want and spend your time discussing what’s best for them.

Finances

Dividing the finances (debt, savings, income) is usually quite tricky because very often there is only one spouse is working. In your discussions, consider dividing things fairly instead of dividing them equally. 

If after all of this you still want a divorce, now you’re ready to talk with an attorney.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC  - Family Law Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322

Tel: (806) 702-4852 | Fax: (806) 576-1318

Attorney@MatthewHarrisLaw.com 

Beer Me, Bro!

That’s Illegal, Right?

You’ve seen that guy drifting around downtown that drinks from the suspicious brown paper bag.  Everyone knows what he’s got in there.

Your first instinct says, “that’s illegal and someone should do something about it.”  However, statistically speaking, he probably isn’t breaking the law by drinking in public.

Under Texas Law, unless the city petitions the TABC to prohibit it, you can possess and consume alcohol in public.

Where Can the City Prohibit?

Upon a review of the Texas Alcoholic Beverage Commission’s website, the Commission attempts to clarify a very common misperception of the alcohol law and states, “Public consumption of alcoholic beverages is only prohibited where a city has specifically made it illegal.”

According to the Alcohol Beverage Code, a city may petition for the TABC to prohibit public consumption within its Central Business District.  The CBD is defined as a compact and contiguous geographical area of a municipality in which at least 90 percent of the land is used or zoned for commercial purposes and that is the area that has historically been the primary location in the municipality where business has been transacted.

Essentially, the CBD is the concentrated area of “downtown.”

Has My City Taken This Privilege Away?

Most likely, your city hasn’t stripped you of your privilege to have a beer on a sidewalk because as of this date, the TABC only lists 23 cities as having filed for this restriction.  If you follow the links, you’ll see their petitions including maps identifying their Central Business District.

Amarillo, Claude, College Station, Corpus Christi, Dallas, El Paso, Farmersville, Giddings, Groveton, Houston, Hubbard, Jefferson, McAllen, Rosenberg, San Angelo, San Antonio, San Marcos, Shamrock, Sinton South Padre Island, Taylor, Timpson, & Vernon.

Does This Mean Party Time?

Just like any good thing, someone is going to come along and mess it up for the rest of us.  I’ve said it before and I’ll say it again, “just because you CAN, doesn’t mean you SHOULD.”

It isn’t difficult for a city to file the petition to prohibit public consumption, and if it is proper order and cites that it is a risk to public health/safety, then the TABC shall (must) grant it “without further consideration.”

If you do decide to engage in any of the above activity, be prepared to suffer the wrath if you take it too far or do not comply with all applicable laws.  You should also be mindful of the times that consumption is allowed in your city.  (Standard vs Extended Times)

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law, PLLC - Criminal Defense Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322

Attorney@MatthewHarrisLaw.com 

(806) 702-4852 

www.MatthewHarrisLaw.com