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Why a Lawyer Is Crucial In Probate Court
Probate is an important process to allow people to transfer their property to living beneficiaries in time of death. A local court will be involved with this matter, which allows the review of documents and materials for the distribution of assets and debts.

This is also a process to be conducted to determine whether the deceased person has left a will or not. So probate is a vital part of the laws that govern inheritance. For the government, however, probate law is able to determine any debts and taxes that exist in the estate.

This Can Affect the Testate and the Beneficiary

15294-300x201If you are the parent of a minor child, and you are contemplating divorce, one of your biggest concerns is likely who will be awarded custody of your child after the divorce. Ideally, the parents of a minor child are able to resolve the issue of custody amicably without the need for protracted, and often contentious, litigation. If you have never been through a divorce involving children before, however, you likely have questions and concerns about your rights and about the legal system in general. Because there are so many myths and misconceptions about child custody laws, it is always best to consult directly with an experienced child custody attorney with your questions and concerns. In the meantime, a Texas child custody attorney dispels several of the more common myths related to child custody.

  1. Custody can be legal or physical. There was a time when most states did divide custody into two types – legal or physical custody of a child. Physical custody referred to the parent with whom the child lived the majority of the time and legal custody gave a parent the right to make important decisions regarding the child. Most states, including Texas, don’t even officially use the term “custody” anymore when referring to a parent’s rights to a child. In Texas, the terms “conservatorship” and “possession and access” are used instead of “custody” and “visitation.” If you have managing conservatorship over your child it means you have the right to make major decisions such as which school the child attends or what medical treatment the child receives. You can be the Sole Managing Conservator or share Joint Managing Conservatorship.
  2. A child can decide, at a certain age, which parent gets “custody.” A child’s wishes will never be the sole factor in determining where a child lives or who has managing conservatorship over the child. All decisions affecting a minor child must be made using the “best interest of the child” standard. Texas does, however, allow a child who is 12 years of age or older to express his/her wishes with regard to where the child lives and those wishes will be taken into consideration along with other relevant factors.

Child support attorneysWhen a child is born, both the parents are blessed with the benefits of parenthood along with the duties and responsibilities.  Most parents believe those duties and responsibilities last a lifetime. In the eyes of the law, however, they last until the child reaches the age of majority (18). As such, if the parents do not live together during that time period, the law imposes a financial obligation on one parent to ensure that he/she continues to contribute to the child’s care and maintenance. If you are the parent of a minor child, and you are contemplating divorce, you probably want to know how much child support you would be required to pay post-divorce. Child support attorneys at The Law Office of Jon R. Boyd explain how support is calculated in Texas.

Texas Divorce Law Basics

In the State of Texas, the terms “custody” and “visitation” are not recognized when discussing the rights and responsibilities of the parent of a minor child post-divorce. Instead, the law refers to “conservatorship” of the minor child as well as “possession and access” to the child. Typically, one parent is granted managing conservatorship of the child, meaning that the child lives with that parent the majority of the time. Both parents, however, remain financially responsible for the child’s care and maintenance. Consequently, a child support order will be included in the Parenting Plan filed with the court. The Parenting Plan is basically exactly what the name implies – a plan for the parents post-divorce. The Parenting Plan includes things such as what type of conservatorship each parent has and the parenting time schedule. Ideally, the parents are able to reach an agreement, outside of the courtroom, to all the terms included in the Parenting Plan. In that case, the plan is submitted to the court for approval and, once approved, becomes part of the final decree of divorce. If the parents cannot agree to any of the terms that must be part of the plan, the matter is set for a hearing and the court will decide the contested issues.

father’s rights lawyerAlthough a properly licensed attorney can practice almost any type of law, you have likely noticed that most lawyers choose to focus their practice on a specific type of law or within a specific area of the law. You may have also heard the term “father’s rights lawyer” used before and wondered exactly what it means and when one is needed. If you are a father yourself, it is certainly in your best interest to know when you might need a father’s rights lawyer.

The Practice of Law – An Overview

Until you find yourself in need of a lawyer, there is little reason to bother understanding how the practice of law works. People often assume that lawyers choose an area of specialty while they are still in law school and then focus their law school education on that area of the law. That is not, in fact, how law school works. Although students do have the option to select a few “electives” while in law school, for the most part, everyone is required to take the same classes. These core classes provide the foundation for a basic understanding of all the major areas of the law. Consequently, it is not until after law school that lawyers typically decide what type of law they wish to practice. In theory, a lawyer could represent clients in all different types of legal matters; however, doing so would make it all but impossible for an attorney to gain the experience needed to develop a reputation for excellence within an area of the law.  Some lawyers choose to narrow the focus of their practice even more by focusing on the legal issues that fathers face, hence the term “father’s rights lawyer.”

Frisco father’s rights attorneyWhen the parents of a minor child go through a divorce, a number of issues that directly impact the minor child must be settled as part of that divorce process. The law places an obligation on both parents of a minor child to continue to contribute to the financial support of the child until the child reaches the age of majority, or longer in some cases. As such, the issue of child support and related matters will have to be decided before the divorce can be finalized. What about extra-curricular activities though? Which parent is responsible for the cost of those activities post-divorce? A Frisco father’s rights attorney discusses how who is responsible for the cost of extra-curricular activities for the child of divorced parents.

A Parent’s Financial Responsibility

In the United States, about half of all first marriages end in divorce. Consequently, many children grow up as the children of divorced parents. The law is very clear when it comes to the continuing financial responsibility both parents share to support their children after divorce. Typically, this legal obligation is enforced through a child support order requiring the non-custodial parent to pay support to the custodial parent. Although the support payments are paid to the custodial parent, the right to support belongs to the child and the money paid in support is legally intended to be used solely for the support and maintenance of the minor child or children.

***Effective immediately, Jon R. Boyd is now be available for new Client meetings at these additional locations by appointment***

     1.  Allen, Texas:  825 Watter’s Creek Blvd., Building M, Suite 250, Allen, Texas, 75013 (SW Corner of US 75 at Bethany Drive, Allen, Tx.)

     2. Ft. Worth, Texas:  420 Throckmorton St Suite 200, Fort Worth, TX 76102 (Enter on East Side of building, between W. 3rd St. and W.4th St., next to P.F.Chang’s, downtown in Sundance Square District)

Boyd Family Law announces new prices for agreed/uncontested divorces or other cases. The new list is in the Legal Fees and Options tab, upper right hand corner of our Home page.

Our practice remains primarily focused on contested litigation, but due to increased inquiries about flat fees, we have published a list of package prices.

If you have an agreed matter and would like to retain us to help you, please call. In many cases, we can help you over the phone if you find it difficult to come to our office.

We are moving our office across Dallas Tollway to another building better suited for my practice. The new location is only a half mile or so from my current location.

Effective Monday, August 14, 2017, we will be located at:

City Central, 6010 W. Spring Creek Parkway, Plano, Texas 75024

Need a Family Law attorney this week?

Our State Bar of Texas Family Law Section has it’s annual Continuing Legal Education seminar/convention each August in San Antonio. Many family law attorneys and judges attend, but not all. Some attend the Video replays the following months in different locations.

I am going to attend the Video Replay of the same seminar next month for 3 days, but we are OPEN this week. If you are needing a Family Law attorney for your divorce, child custody, relocation or other family law issues, give us a call today!

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