Parental Liability

Chapter 41 of the TX Family Code



A parent can be held liable for up to $25,000 in damages for negligent or malicious acts of a child. 



A parent or any other person who has the duty of control and reasonable discipline of a child is liable for any PROPERTY DAMAGE proximately caused by THE NEGLIGENT CONDUCT OF THE CHILD if the conduct is reasonably attribuable to the negligent failure of the parent or other person to exercise that duty OR the wilful and malicious conduct of a child who is at LEAST 10 YEARS OLD but is under 18 YEARS OLD.



Damages can be $25,000 per occurrence plus court costs and reasonable attorneys fees.



Damages to a hotel or inn - per occurrence means one incident in a single day in one hotel room.  This term does not include incidents in separate rooms or incidents that occur on different days!



Parents beware of prom week-ends and groups of hotel rooms!

New 9/1/2009 Chapter in the TX Family Code - Chapter 34

Authorization Agreement for Nonparent Relative



Chapter 34 allows a parent to provide specific authorization to a grandparent, adult sibling or adult aunt or uncle of a child to provide medical, educational, and other parental consents in a parent's absence. 

Texas Family Code - Notice of Abortion

Chapter 33 - Notice of Abortion

Consent to Treat a Child by a Non-parent

Chapter 32 of the Texas Family Code



Consent to Medical, Dental, Psychological, and Surgical treatment and consent to immunize a minor child



Also contains a section on emergency shelter or care for minors.

Emancipation

Chapter 31 of the Removal of Diabilities of Minority or Emancipation in TX



In Texas you must be 16 or 17 to be emancipated.  Read Chapter 31 (available on-line) which states what must be listed.  The parent of the child MUST verify the petition or an amicus attorney or attorney ad litem shall verify the petition. 



The Judge shall appoint an amicus attorney ro attorney ad litem to represent the interest of the child at the hearing.  Someone (the child) has to pay for this attorney.  They usually charge a minimum of $1,000 (or more) for their legal fees.  Again, most kids can't afford their legal fees.

First Holistic Lawyer

I am often asked who was the first holistic attorney.









Abraham Lincoln’s name is often mentioned as being the first “holistic” attorney.



Below are some quotes from a law lectures from around 19850 that reflects Abraham Lincoln keen wit and outlook about the legal profession…







“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser – n fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.”







“Never stir up litigation. A worse man can scarcely be found than one who does this. Who can be more nearly a fiend than he who habitually overhauls the register of deeds in search of defects in titles, whereon to stir up strike, and put money in his pocket? A moral tone tough tot be infused into the profession which should drive such men out of it.”



“The matter of fees is important, far beyond the mere question of bread and butter involved. Properly attended to, fuller justice is done to both lawyer and client. An exorbitant fee should never be claimed. As a general rule never take your whole fee in advance, nor any more than a small retainer. When fully paid beforehand, you are more than a common mortal if you can feel the same interest in the case, as if something was still in prospect for you, as well as for your client. And when you lack interest in the case the job will very likely lack skill and diligence in the performance. Settle the amount of fee and take a note in advance. Then you will feel that you are working for something, and you are sure to do your work faithfully and well. Never sell a fee note -- at least not before the consideration service is performed. It leads to negligence and dishonesty -- negligence by losing interest in the case, and dishonesty in refusing to refund when you have allowed the consideration to fail.”



“There is a vague popular belief that lawyers are necessarily dishonest. I say vague, because when we consider to what extent confidence and honors are reposed in and conferred upon lawyers by the people, it appears improbable that their impression of dishonesty is very distinct and vivid. Yet the impression is common, almost universal. Let no young man choosing the law for a calling for a moment yield to the popular belief -- resolve to be honest at all events; and if in your own judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer.”

Towing companies sue Wilson County Over Failed Contract Bids

Six towing companies have filed a lawsuit against Wilson County after the Commissioners Court awarded an exclusive towing contract to a single vendor last month.
The lawsuit, filed May 11, names all four Wilson County commissioners as defendants, in addition to County Judge Marvin Quinney and Rick's Towing Service Inc., the company picked to do those county's nonconsent tows, dispatched through the sheriff's department, starting May 1.

Read the entire San Antonio Express News story Towing companies sue Wilson County here.