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 

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 

5 Things Your Business Needs

Small Business Owners

You’ve always wanted to own your own business.  You may have one great idea, or you may have one-hundred good ideas; or you may just be tired of working for someone else.

Regardless of your reasons, you’ve decided to open your doors and you aren’t really sure where to start; or perhaps you’ve already opened your doors and need guidance. 

Let’s discuss 5 things your business needs.

Business Plan

I know the first thing you think you need is money, but it isn't.  The first thing you need is a Business Plan.  You wouldn’t start building a house without drafting a set of blueprints first, would you? 

Your business plan is the framework for your business where you set business goals, identify the purpose of the business, and define your market industry.  How to Write a Business Plan

Formation Agreement

As we have previously discussed, your new business is accident-prone and you’ll want to take steps to protect yourself from your business’s liabilities.  When you select a business structure, you’ll draft a Formation Agreement, which essentially is an agreement between you and the business regarding how the liabilities will be handled.  Select a Business Structure

Startup Money

With a business plan and structure, now you need money.  There are several options available for financing your start-up expenses, the key is choosing one that is right for you.

The most common option is to obtain a small business loan or grant, but anyone that considers financing you is going to want to see your business plan.  Find Loans or Grants

Operation Manual

Drafting an Operation Manual will give you and your employees direction in your day-to-day operations.  It should outline the procedures for performing certain tasks, and provide structure for the management of personnel. 

Business Attorney

If you own, or plan to own, a business, then you need a business attorney that can help you draft the documents necessary to get your business off the ground.

Your business attorney can assist you in drafting your business plan and increase the likelihood that a lender will take a chance on your dream.  Your business attorney can help protect your family’s assets if the business can’t survive this economic climate.

Most importantly, your business attorney can give you the tools to succeed.

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

Matthew Harris Law - Business Law Division

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

Attorney@MatthewHarrisLaw.com 

(806) 702-4852 

www.MatthewHarrisLaw.com

How to Avoid Jury Duty

Know Your Enemy

You’ve probably heard the 12 people seated in the jury box referred to as being “too stupid to get out of jury duty.”

Rule #1 of warfare is to know your enemy so that you can defeat him.  Before I can teach you how to avoid Jury Duty, you need to learn the reasons that your valuable time is being wasted.  If you know the reasons for Jury Duty, then you’ll be better prepared for battle.

Why Do We Even Have Juries?

Many people forget that we didn’t always have jury trials in this country.  A long time ago, some people decided that they were tired of not having power over anyone so they started a ruckus against the guy that was in charge at the time.

At the time, he was responsible for the Court System and was doing everyone a favor since he oversaw it personally.  He was a great guy that even volunteered to be the Judge AND Jury.  He would sit at the head of the Court, listen to all of that boring evidence that we despise, and then issue a ruling.

Revolutionary War

Well, those people that didn’t like his style decided that they wanted to be the jury since they were super power-hungry and just wanted to finally be in charge of something for a change.

They didn’t ask us how we felt about it or even consider how we would feel about being burdened with these extra responsibilities.  In fact, I bet they didn’t even consider that some people liked the old system and wouldn’t want to be a juror.

So this ruckus that they started with the guy in charge turned out to be a big deal and even cost thousands of lives.  Literally, thousands of men died fighting for jury duty; stupid right?

The Outcome

Well, because of their selfish jury-loving ways, the main guy in charge that had volunteered to act as Judge and Jury got the boot.  Those stupid jury-lovers got what they wanted.

There wasn’t anything wrong with the old system.  I mean how much simpler could it get than to go to one guy for everything?  His ruling was final.  Appeal?  Forget about it!  I know some people got imprisoned if he was feeling especially grumpy that day, and sure he may have executed some people mistakenly, but that’s no reason for us to have jury duty.

So now that you know your enemy, the reasons we got stuck with jury duty, and the thousands of men that died thinking we wanted the freedom to govern ourselves, you’re ready to avoid jury duty. 

It’s this simple: just don’t go.  Sure you could go to jail, but in that case just demand a jury trial because those people will definitely be sympathetic to your pain...

 (*apply sarcasm and facetiousness liberally above)

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

Matthew Harris Law - Civil Litigation Division

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

Attorney@MatthewHarrisLaw.com 

(806) 702-4852 

www.MatthewHarrisLaw.com

Booby-Traps on Property

Trespassers Will Be Shot, Survivors Shot Twice

What would you think if I told you that it is legal under Texas law to set up booby-traps to protect your property?

That’s right, under Texas Law you have the right to use a booby-trap, the law says “device” but I prefer to call it a booby-trap, to protect your property.

Now the first questions in your mind are probably “What exactly do you mean by Booby-Trap?” and “What kind of property are we talking about?”

What is a Booby-Trap?

One of the most memorable cases I read in law school was about a homeowner, who had a problem with trespassers, who set up a "spring-gun" that would automatically fire a shotgun at knee height when a trespasser opened the door.

Well he got in trouble for that, but that’s not the kind of booby-trap we’re talking about.  When I say booby trap, you probably imagine some sort of Wil E. Coyote style contraption.  What we're talking about today though isn't some sort deep pit filled with alligators, or even a bear trap hidden under a dinner plate.

Specifically, your booby-trap can't be "designed to cause, or known by [you] to create a substantial risk of causing, death or serious bodily injury."  Also, use of the booby-trap must be reasonable under all of the circumstances as you believe them to be when installing it. 

I’m not going to give you opinions on what kinds of booby-traps would qualify here, but I imagine that it is something that would be an annoying deterrent rather than an actual “trap.”  (Do NOT trap people!)

Use of Force

If your booby-trap constitutes the use of force on anyone, then you must take great care and consideration before deploying it because use of force requires that you reasonably believe that force is immediately necessary.  

If your booby-trap uses force on someone that it wasn’t reasonable to use force on (child wanders on your property) then you will probably have your own crime to answer for.

What Kind of Property?

Under Texas Law, you can use your booby-trap (“device”) to protect both land and tangible, movable property.  However, you can’t set up booby-traps to protect just any property, you must be in lawful possession of it. 

Additionally, Texas Law allows you to protect the property of a third person if you reasonably believe that they requested your protection; you have a legal duty to protect it, or if the third party is your spouse, parent, child, resides with you, or is under your care.

Source: Tex. Pen. Code §§ 9.41, 9.43, & 9.44

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

Matthew Harris Law - Property Law Division & Criminal Defense Division

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

Attorney@MatthewHarrisLaw.com 

(806) 702-4852 

www.MatthewHarrisLaw.com

Your Accident Prone Baby Business

A Dream Come True

When you were just a kid, you knew that you wanted one someday.  You talked about all of the great things it would do for you one day.  You even went as far as picking out a name.

We're talking about owning your own business of course.  However, just like a baby, new businesses are sometimes prone to accidents too.

Except, when your baby has an accident, you don’t lose sleep wondering whether you’ll be able to keep your house.

Cover Your Assets

If you’re considering owning, or if you already own, your own business, then you should consider protecting yourself from the liabilities of your business.  Otherwise, you may find yourself paying for a long time for a simple business decision.

Under Texas law, you can organize your business structure in a manner that protects you personally from the debts of your company.  Some of these structures are: Corporations (Inc.), Limited Partnerships (Ltd.), and Limited Liability Companies (LLC).

Selecting a business structure depends on your Management plan, long-term goals, investment options, and desired tax methods.  (Personally, I prefer paying fewer taxes)

How Bad Could it Be?

Let’s pretend for a moment that you’re considering opening up your own flower shop.  You enter into a 1-year lease for your storefront, you negotiate a contract for a steady supply of daisies, and you lease a billboard for advertisement.

Since you don’t want to waste time with limiting your liabilities, you decide to just start ordering everything with personal checks, signing leases in your name, and entering into contracts as an individual.

Unfortunately, business isn’t doing so hot and after a few months you have to close up your shop.  After closing the doors, your business mail starts showing up at your house and those companies are demanding that you are personally liable for the company’s debts since on paper, it just looks like you’re an eccentric individual with a serious flower addiction.

What Else Could You Do?

Let’s go back and imagine that before you started signing your life away, you organized as a Limited Liability Company (LLC).  Then, instead of signing your own name on all of those leases and contracts, you signed your company’s name as the responsible party.

Now fast forward to you closing your doors; it’s like the business was the one that entered into all of those obligations instead of you.  When the creditors come calling, they come looking to liquidate the company’s assets and not your personal assets.

Get yourself some protection from your baby and you’ll get a little better sleep at night.

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

Matthew Harris Law - Business Law Division

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

Attorney@MatthewHarrisLaw.com 

(806) 702-4852 

www.MatthewHarrisLaw.com