How has everyone been the past 2 years?

What is important is what has been happening for the past 2 years.



We have all made mistakes in our lives.  The important question is -- have we learned from our mistakes and have we cleaned up our lives?



There are people that have been in prison, drug dealers, etc. that now have great jobs, live in nice homes, and have custody of their kids.  They are involved in their kids lives, making sure they do their homework, involved in their church, etc.



What the courts (judge) wants to know is what has been happening for the past few years?



So if you have a bad past but if you have cleaned up and are now a respectable citizen and doing the right thing with people that are willing to testify on your behalf, you are in great shape.



Just keeping doing what you are doing!

He wanted me to have an abortion

Many women say to me "he wanted me to have an abortion!"



Sorry!  It's just not that big a deal.  Especially when the kid is 10 years old! 



Many men just "freak out" when they first hear that they are going to be a dad.  They have a moment of panic and fear.  But once the baby is born they are a great dad. 



So mom, get over it!



No court is going to "terminate his parental rights" or whatever because for 5 minutes he behaved badly!



Especially, if he's been behaving fine for the past 2 years!

DNA TESTING

I would always ask for DNA testing, even if I was married to the woman.



Now in Texas, you can be ordered to pay child support the rest of a child's life -- if a child is disabled! 



Therefore, it's worth a few moment's of potential awkwardness or possible anger to ask for a DNA test! 



Be sure it's your kid! 



Once you are on the birth certificate, it's difficult to get your name off.  Yes, it can be done but it's much easier to just never have your name on it in the first place!

She got pregnant on purpose

Ok guys, if you claim that she "trapped" you into getting pregnant and you should therefore not be ordered to pay child support, it won't work in Texas.



The State of Texas legislature has determined that you voluntarily "participated" so therefore you are responsible for the "fruits" of your labor -- the kid.



If it's your DNA, it's your responsibility.



ALWAYS, ASK FOR DNA TESTING WHEN A BABY IS BORN! 



EVEN IF YOU ARE MARRIED TO THE MOM!

Having sex with a teen-ager

If you are more than 1-1/2 years older than the teen-ager, please don't have sex with that person!



If so, you could end up a registered sex offender in Texas.



A minor cannot give permission to have sex with you!



Their parents cannot give permission to have sex with you!



So, just walk away

Can my 17 yr. old girl friend come live with me?

17 yr. olds are "strange animals" in Texas.



For ciminal purposes they are adults.



For civil purposes, they are still minor children.



Normally CPS won't get involved in these cases.  CPS is focused on protecting children.  Babies and small children cannot protect themselves.  17 yr. old kids can normally protect themselves so CPS is usually not that worried about them.



What I normally suggest is that the 17 yr. old wait until the moment they turn 18 and they leave the house. 



At midnight on they 18th birthday they can walk (or run) out of their parent's home and they are an adult.  Their parents cannot stop them.  They are free! 



However, they might not be able to take their "stuff" with them.  They can take anything they inherited or they received as a "gift".  That is their "stuff".  Anything their parents gave them (furniture, cell phone, etc.) belongs to their parents.  If their parents don't want them to take their computer, cell phone, etc. then that "stuff" stays.



However, I recommend that if you have any questions that you call your local policing agencies (police, sheriff or constable in Texas) and talk to their dispatcher.  Find out their local policies.  Yes, their policies can vary depending on their superior's orders.  Find out IN ADVANCE what their officers will do if they are called.  In fact, let me know if you are planning to leave, they will put that in the system and be prepared for a phone call.  You can call them when you are leaving and let them know that you are leaving and that you want to leave without any problems.  They will come and watch you leave to make sure there are no problems. 



There is an excellent free pamphlet called "Now that you are 18" that was written by a Texas lawyer's group several years ago.  I can't find my last copy.  You might "google" it and see if you can find it.  It was very informative.

When can a kid decide to vist (or live with a parent)?

In Texas, the answer to when a minor child can decide which parent they want to live with (or even visit their other parent) is 18!



That's it!



18 YEARS OLD!!!!!



I get this question via http://www.avvo.com/ and http://www.lawguru.com/ on a daily basis!



I don't know who or where people get the idea that kids get to make a decision about who they get to live with or when they get decide if they get to visit their non-custodial parents.



There USED TO BE a document that the kid could sign that stated who they wanted to live with but it was NEVER binding on the judge.  The judge ALWAYS had the final say on what the minor child had to do -- up to the age of 18!! 



THE TEXAS LEGISLATURE HAS GOTTEN RID OF THIS DOCUMENT. 



IT NO LONGER EXISTS.



IT'S GONE.



IT'S HISTORY!!!



Now the Juge must interview the child in the Judge's chamber -- alone!! That means --  one on one -- to determine what the child wants to do.  Many judges don't like this.  Many judges just don't have the time to interview every child involved in litigation!  It is just impossible for the judge to interview each child involved in litigation! 



Why?  Since kids attend school and the courts normally close around 5pm.  That gives judges from approximately 4-5 pm (one hour) to interview all the minor children.  That technically means children from age 0-18.  Most judges are not trained to interview small children.  Most small children cannot adequate communicate and many cannot tell fiction from reality.



Most judges are not going to have children removed from school to interview them.  In large cities, like Houston and Dallas, if a child is removed from school they are going to miss a full day or 1/2 day of school.  Many judges don't want to be responsible for a kid missing that much school!