Beware of on-line do it yourself legal kits

The State Bar of Texas as determined that the on-line kits that are being sold in Texas by outside companies located in California, Washington, Florida, New York, Colorado, etc. are not within their jurisdiction and cannot be stopped from selling their kits.

If you purchase an on-line kit, it is BUYER BEWARE!

Read the disclaimer.

The kits sold in office supply stores clearly state on the box "state forms are not included".

If the kit is "guaranteed" for 30 days, it takes 60 days for a Judge to grant a divorce in Texas. Therefore, if the judge denies the divorce, it is past the "guarantee" date.

The clerk that accepts your divorce petition is NOT an attorney and they are required by law to accept anything you submit. You could submit a blank piece of paper and they would have to accept it if you insisted.

I've not seen any kits that include the required Texas BVS form and the local county forms. Why? Because it would be impossible for them to prepare forms for every county in the US.

I don't see any kits that include powers of attorney to transfer titile to motor vehicles or the Wage Withholding Orders for Child Support. Why?
I don't know. But I include them in my kits -- why? Because I guarantee that if you tell me the truth, my kits will work!

If you waste your time and money, don't expect an attorney to fix this mess for you for free.

In summary, you get what you pay for!

Why I charge for my services?

I went to law school and incurred student loans. I worked very hard. The bar exam was horrible. Basically, 4 years of my life was dedicated to getting my bar card.

What does an attorney sell? Their time, their opinion and their knowledge.

If you want it free, then go to law school and learn it for yourself.

Emancipation

In Texas we call it removal of disabilities.

Texas makes it very difficult to be emancipated. Why? Because at the age of 18, you are an adult.

Wh0 gets emancipated? Someone that needs to sign a legal contract like a singer or athlete.

You must be self supporting. A boyfriend or friend does not count. You have to prove that you are employed and that you have enough money to pay your own way without anyone else's help.

I've never done one -- in 17 years of practice. Why? Because it takes at least $2,500 and no one has ever come up with the money to do it.

The burden is on the child to prove that they are competent enough to be an adult.

TX common law marriage

Texas has common law marriage in limited situations:

1. You can spend one night together and be common law married.
Example: a friend lived with her bf for 10 years and they were never common law married because she did what I told her to do.

2. You can only be married to one person at a time. Example: If a man is married and lives with another woman for 10 years, he is NOT married to his live-in. Why? Because if he is still married, he can only be married to one woman.

3. If you are underage in Texas, you cannot be common law married.

4. If you have any questions, hire an attorney for one hour to go over the Texas statute with you.

Grandparent Rights

The US Supreme Court in a landmark case known as Troxel several years ago stated that it is a parent's right to determine how and if the grandparents can see their grandchild.

In order to gain visitation the grandparents must prove that the parents are not bad parents. This is a very hard burden to prove.

The courts feel that the grandparents raised their children. If those children (now the parents) don't want their children (the grandchildren) to see the grandparents, they must have a good reason for doing so.

Therefore, if you want to visit your grandchildren:
1. Raise responsible and good children
2. Be nice to your children
3. If your children are unreasonable, then do whatever it takes to visit your grandchildren.

At what age can a child determine where they live?

The answer is: 18.

In Texas, at age 12 a child can sign a document letting the judge know their preference. However, this statement is NOT binding on the Judge.

Jail Watch: Dallas Jail Inmate Corey Bailey's Death Under Increasing Scrutiny, Family Is Suing

Corey Bailey was 31 years old when he died, face down, on the floor of a cell in the Dallas County Jail this past June. No friends, no family, no last rites, alone on a cold floor, and we know he was scared - think about that.

Why?

So far, there's been an internal investigation - but none of the jail employees have been given leave, much less fired, for any wrongdoing - and the medical examiner's initial decision was that the cause of Bailey's death was "undetermined."

Sure doesn't sound like it's that hard to call ... and Bailey's family apparently thinks so, too, because they've sued.

Here's the backstory:

1. Corey Bailey was mentally ill, and suffering from paranoid delusions.

2. On June 27, 2008, Corey Bailey was to be moved from the Decker Jail to another facility.

3. Corey Bailey was mentally ill -- paranoid -- and scared of the guards - he confronted them, and they admit to spraying him with pepper spray.

4. Somehow, there's a gap in the story here (ahem), Corey Bailey is moved and he's placed face down in a new jail cell.

5. Twenty minutes later, according to the guards, they come to check on Corey Bailey and he's "nonresponsive." Read that, dead.

6. From the medical examiner, we know that Corey Bailey suffered from toxic effects of PCP, suffered from "excited delirium," and suffered from the "restraint by police officers," which together combined with "physiological stress associated with restraint" to kill him.

7. The autopsy report reveals that "traumatic asphyxia associated with restraint" may have contributed to Corey Bailey's death -- and that happens from choke holds or from pushing a knee into Corey's back (which would keep Corey from breathing).

Here's what the family attorney has pled in the lawsuit:

1. Corey Bailey was handcuffed at the wrists and ankles before anyone attempted to move him anywhere.

2. Six guards then dragged Corey Bailey down the hall by his pant legs and arms. That's right: SIX.

3. Corey Bailey was vomiting as they were doing this.

4. Corey Bailey spat at the nurse who was treating him for the pepper spray, and for an injury to his knee. (Before you get upset at this, put yourself in Corey's position. Ponder how you're feeling right about now, the fear and the anger .... add to that a delusion or two - maybe monsters are trying to kill you, or maybe aliens are trying to abduct you ... you're not in reality right now)

5. In response, a guard covered Corey Bailey's mouth with a plastic bag until a mask arrived (this is in the autopsy report).

6. Guards placed Corey in a cell, face down, and removed his cuffs (which we can assume means he was unconscious, right?)

Who Was Corey Bailey?

According to his brother Cedric, Corey was a church-going, hard-working guy who took care of his 10-year-old son. He had family who loved him.

According to medical records, Corey was a diagnosed mentally ill person, suffering from paranoid delusions.

According to autopsy records, Corey was a drug user because somehow, he had PCP in his system. (Isn't this curious???? ? Wonder when that PCP was put into Corey's body????? This PCP is just so darn convenient.)

Finally, according to jail records, Corey Bailey is the first inmate to die after an involvement with Dallas County jail guards since the jail was forced by court order to make "improvements" -- and these changes only happened after federal inspectors ruled that the Dallas County Jail was dangerous and indifferent to human suffering.

The Dallas County Jail was "dangerous and indifferent to human suffering."

When was that? Just 2 years back ... doesn't sound like much has changed, does it?

Meanwhile, the most sincerest of condolences to the family and friends of Corey Bailey, especially his ten year old son.


Source:

Dallas Morning News
http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-bailey_27met.ART.State.Edition2.4a1e0d1.html