Adult Name Changes in Harris County, Texas

Here is the adult name change process in a nutshell:

1. Before you come see an attorney - You pay for finger print cards – you need 2 finger-print cards that are prepared at the Houston Police Department on Main Street & Rusk Street in Downtown Houston. It costs under $50 to have these 2 finger print cards made. You pay HPD for these cards. Then you call me for an appointment.

Warning: If you have any outstanding arrest warrants, you will be arrested when you try to enter the building so be sure that you do not have any outstanding tickets or any other legal problems before you attempt to enter the building!

2. There is some legal paperwork (Title of the Document -- Petition for An Adult Name Change) to be filed at the courthouse in Downtown Houston. The filing fee to do an adult name change is approximately $300 payable to the Harris County District Clerk’s office. This is the only fee that Harris County collects.



3. Then one of the finger print cards must be sent to Austin Texas and that costs under $100 for the agency in Austin to do a state and federal background check to make sure that you are not a “terrorist” and that you do not have a state or federal felony criminal record.  (If you do, the court is not going to issue you a name change & you have wasted your money.)

4. After Austin agency has done their criminal background check, they send their paperwork directly to the Judge. This agency can take up to 4 months to get this paperwork done. (FYI: From my past experience with this agency, it is not in your best interest to attempt to hurry this agency.  They don't like being "rushed".)

5. Then you and I must appear before the Judge and you must swear under oath that you are not a terrorist and that you are doing asking for a name change to avoid criminal prosecution or avoid creditors. You must briefly explain why you want a name change. 



Do It Yourselvers Beware:  I have found that most Harris County judges prefer that you have an attorney present when you are trying to do a name change.  You can certainly try to do this pro se, however, most judges put you at the end of the daily court docket. 



Also, if you purchase the paperwork sold on the internet, radio or television by companies outside of the State of Texas, you are probably wasting your money.  These companies are not using paperwork that the judges in Harris County are used to seeing.  They are not using forms prepared by Texas attorneys.  These forms are prepared by attorneys that have probably never set foot in the State of Texas. 



Also, do not purchase forms from office supply stores.  If you look carefully on the back of the kit, it says "state forms not included".  Therefore, why would you purchase a kit that does not include the forms that you need? 



Lastly, do not call "411" and ask for legal aide.  There is no such "animal" in the Houston area.  The phone number that you are given is not located in the State of Texas and is owned by a person that has numrous BBB complaints against him.  This company sells worthless forms and you will not get your money refunded. 

6. After the judge signs the paperwork, it must go through Harris County “processing”. Then approximately 2 weeks later you get a certified copy of the final document that the Judge signed that approved the name change. 



In order to receive a certified copy you must pay $1 per page.  You go back downtown to the courthouse and stand in line at the certified copy window.



7.  Actually changing your name.  You take that paperwork that the judge signed to the Social Security Administration to get a new Social Security card. Then you can go to the Texas Driver’s License Bureau to get a new driver’s license. After that you can get a new bank account and other accounts with the new name. 



8.  Think carefully before beginning this process.  Before you think about changing your name, remember a name change is a major change.  You must change everything! 



Just to name a few of the things are: Your employer, all of your medical providers, your medical insurance, utilities, car insurance, car title, life insurance, professional licenses, schools, diplomas, bank, real estate, credit cards, all legal documents, etc. 



It is going to impact your credit rating.  Don't be surprised if credit file gets lost in the shuffle! 



Changing your name takes a lot of time and effort. 



True horror story: A major hospital in the Sugarland area lost my chest x-rays because some clerk filed them under my "old married name" (I'd been divorced over 20 years!)  and I almost died when I had a pulminary embolism.  My doctor had to release me from the hospital and sent me to back to try to locate the missing x-rays because she needed to review them.  So a name change can be a life-threatening experience.  (To make matters worst there is another Fran Brochstein & they kept trying to give me her records from her broken arm -- I've never broken my arm!)

Waiving Service of the Lawsuit in Divorce Cases

What does it mean to waive service of the lawsuit in divorce and what effect does it have? A suit for divorce is like any other lawsuit in that the person who filed the petition for divorce must serve a copy of the lawsuit on the other spouse. However, the spouse being sued for divorce can agree to waive service of the lawsuit by signing a waiver.

Depending on the circumstances, there can be several good reasons the parties may want to consider waiving service of the lawsuit, especially in a divorce case. First of all, it costs money to serve the lawsuit. You must hire an independent person (such as a process server or constable) to serve your spouse and they charge a fee for their services. So if your spouse agrees to waive service, you will save a little bit of money.

Second, it can be embarrassing to be served with a lawsuit. The process server may appear at your spouse’s place of employment or home to serve the lawsuit. This can result in embarrassment for some people. If both spouses want to get divorced and are on good terms, agreeing to waive service can spare potential embarrassment.

However, if you are the spouse being sued and are considering waiving service, you need to read the waiver very carefully. Waivers can contain different terms. Some waivers say that you are waiving service of the lawsuit ONLY, but want to be notified of everything else in the case. Other waivers say that you are waiving notice of everything. If you waive notice of everything, your spouse can schedule a hearing or trial and is not required to notify you. This can be very problematic.

Waivers certainly have their benefits, agreed upon divorce cases, but make sure you understand what you are agreeing to before you sign a waiver.

Blog prepared by Sarah Berry.

Texas Judge Busted By Feds for Taking KickBacks During Hurricane Ike CleanUp

Phil Fitzgerald used to be a Texas district court judge, and he used to be a free man. Things change.

The Beaumont Grand Jury issued its 25-count indictment last week of former Judge Fitzgerald along with a contractor (Fitzgerald's brother-in-law, Mark Miksch, 52, of La Vernia) and another Liberty County official (former Liberty County Commissioner Lee Groce, 62) charging the Judge with taking over $600,000 in kickbacks for awarding government clean-up contracts that dispensed federal funds to help with the aftermath of Hurricane Ike.

According to the federal indictment, Judge Fitzgerald allegedly conspired with Commissioner Groce to award $3,200,000 million in debris removal contracts over to contractor Miksch. He also allegedly scarfed up a generator for his personal use that had been paid for by federal monies (allegedly, he kept the power up at his convenience store with the generator during power outages).

Judge Fitzgerald isn't going down without a fight, however.

Fitzgerald has made his position clear by a letter published in the local press, and now routed through the national media, which states in part:

"Had the government allowed us the opportunity to present our side of the story before seeking an indictment, we are confident there would be no indictment. However, because of their refusal, we will now have to have a trial in this case, at considerable expense to Judge Fitzgerald and the taxpayers, in order for us to tell our side of the story."

Fitzgerald and Groce both lost their reelection bids last Fall, two more Democrats falling to Republican replacements.  Groce had served as Liberty County Commissioner for almost 25 years; Fitzgerald had presided over his district court bench for four years. 

This should be an interesting trial, folks. 

A woman wants to have my child but says she will never ask for money from me

If you believe this, then I have some magic seeds that I would like to sell you!!



If a child is born and the DNA test says that the child is yours, then you are going to pay child support. 



In fact, all of the Attorney General offices throughout the entire United States have agreed to work together in order to collect child support for minor children.  The Attorney General offices will only establish child support - they don't care about your visitation rights! 



Plus, in the State of Texas the court can go back 4 years and get retroactive child support.  It does not matter if you did not know that the child existed or if the mother "hid" the child from you. 



Plus, you get to pay 6% interest on all past-due child support.  Pretty soon you are paying interest on the interest you owe!  (The interest rate in Texas was 12% so be happy that the TX Legislature reduced it to 6%!)



Here are a few other depressing facts about child support:



Child support is not dischargeable in bankruptcy. 



If you ever inherit any money the Attorney General can intervene in the probate court & "grab" any money you owe in past-due child support.



The Attorney General  will "grab" any refund money due with the IRS if you owe past-due child support.



The Attorney General can auto-debt any bank account they find with your Social Security number attached to it - checking or savings accounts.  This includes even accounts in your children's names!  They do not notify you before they do this!  Then your checks bounce. 



All credit reporting agencies are notified of your debt & it ruins your credit rating -- you won't be able to purchase a home or automobile!



Your driver's license can be suspended -- bad news for professional truck drivers!



If you have a professional license -- lawyer, doctor, dentist, real estate agent, etc. -- it can be cancelled -- which puts your out of business!



Child support can be deducted from your Social Security check when you retire.



If you die, the money becomes due.  So if you have an estate to needs to be probated, your heirs have to "deal" with this debt! 



If you have re-married, your spouse has to "deal" with this outstanding debt. 



Child support is the obligation that does not go away!



I encourage you to think a long time before "sleeping" with that woman -- is she truly worth it?

Is one night of pleasure worth a lifetime of financial obligation?

Adults dating minors

If you are over 18, please don't date, hang out with, or befriend a minor child (anyone under the age of 18).



I don't care how mature the child seems or looks. 



The only thing that matters is the date they were born. 



I would check their driver's license.  If they are under 18 -- run, run, run. 



Why?



Well, the criminal charge of statutory rape comes to mind. 



You will have to register as a convicted sex offender for the rest of your life. 



Sex offenders usually don't do very well in prison!  Generally, fellow prisoners don't like sex offenders. 



I am not a criminal lawyer, but but here it is in a nutshell -- a minor child cannot consent to sex.  Therefore, if you have sex you can be arrested and charged with a crime.  You can go to jail.

If you watch the news, this goes for boys and girls. 



Even if one parent likes you, remember that there are probably two parents.  So the other parent can call the police, constable or sheriff and have you arrested.



Therefore, if you are an adult, don't hang around with kids (anyone under 18)!

Spanish Land Grant Heirs -- Jousting at Windmills?

A recent article in the San Antonio Express News about a gathering of alleged heirs of the grantees of land grants made by the Spanish crown and Mexican government hundreds of years ago really piqued my interest. My fascinations with Texas history, real estate law, and landowner rights prompted me to examine the claims of this group of descendants of families in South Texas, who assert that their long-dead ancestors never received royalty payments from oil producers operating on family property.

According to the group -- which appears to be largely represented by a single, very determined lawyer -- their ancestors died without leaving proper wills or other payment instructions for the oil companies. Thus, hundreds of millions of dollars in royalties are either unpaid by the oil producers, or have been paid, but are unclaimed and being held by the State of Texas (Comptroller) under the Texas Unclaimed Property Act. This mountain of money will remain "unclaimed," until its rightful owners can be validly identified and their entitlements to the funds proven in accordance with the Act. In order to establish their claims to the millions held by Texas, the heirs seek to have the Texas Legislature amend the Unclaimed Property Act in a way that eases a claimant's burden of proof.

My research reveals that a bill outlining the specific types of information that holders of unclaimed property must disclose was passed last Session (SB 1589), and has now been incoprorated into the Act. According to the Express News article, the families are proposing a new bill that "would set up a method by which the state can identify and qualify descendants of the original grantees using legal and historical documents as well as family genealogical research." I was unable to locate a filed bill as of this writing, but the 82nd Legislative Session is still in its early stages.

At first glance, these folks' chances of getting their hands on hundreds of millions of dollars being held by the State of Texas (who gets to keep all of the interest) seems like jousting at windmills, a la another Spaniard -- Don Quixote. I am quickly reminded of those dreamers who talk about suing Swiss banks to recover unclaimed funds, undoubtedly stolen, that Nazis deposited there and never retrieved.

But, this case might be very different. The families are represented by the same "land grant attorney" who represented some of the descendants of Padre Nicholas Balli -- a priest who held the original Spanish Land Grant to Padre island. The heirs of the good father -- who sold the island to a New York lawyer in 1938 -- won mineral rights to the island after a lengthy jury trial in 2005. The jury's verdict was upheld on appeal, but reversed by the Texas Supreme Court in 2008.

Thus, the stage is set for a very exciting effort that involves real estate, and lots of money derived from it. In the words of Quixote, "Paciencia y barajar" (Patience, and shuffle the cards). We'll be watching this one from the front row.

T.V. Series - Fairly Legal -- what a novel & fabulous idea -- a show about mediaiton!

I've seen 2 episodes of the new television series, Fairly Legal. 



I've talked to a few mediators about this new tv series.  One gentleman refused to watch it! However, I was really excited when I heard that there was going to be a tv show about a mediator.  What a novel idea! I want to personally thank the creator of this t.v. series for coming up with this great idea!  What a great way to let the general public get to learn more about mediation.  It's going to create some unrealistic expectations from the general public about what a mediator can actually do in a case -- but what the heck!  This tv series could actually educate the public about mediation better than anything else out there.  It could be the best advertisement for alternative dispute resolution.  I suspect I'll soon be referencing FAIRLY LEGAL in my mediation introduction! 



The best thing about the television series, Fairly Legal, is that it is getting the word out about mediation.  If nothing else, that is the very best thing about this TVseries.  The general public will get an idea about what mediation is and about what it can do for them when they have a problem. 



Unfortunately, it is going to give the public a false idea about mediation.  It reminds me of the television series, LA Law.  Everyone wanted to go to law school because of LA Law.  It made lawyers sexy.  Sure they were scummy sharks that wanted to win at all costs, but they sure were sexy! 



I believe the series takes a lot of liberties to build the drama in the show, such as having the character not be a lawyer any more.  In Texas, a mediator can be an attorney and a mediator.  A lawyer does not have to turn in their bar card in order to be a mediator.



Also, in the initial episode the judge appeared to dislike the mediator.  The judges that I know appreciate and respect mediators because they know that some cases, especially cases involving family disputes, are better resolved between the parties than at the courthouse.  I think FAIRLY LEGAL  will give a false impression about the relationship between judges and mediators. 



Additionally, the primary character's ability to mediate is somewhat unorthodox.  She is able to resolve the nastiest cases in less than a minute.  She reminds me of how Perry Mason was able to get guilty people to confess by just looking at them!  Perry Mason gave the person that stare and the person just had to confess -- they could not help themselves. 



Plus I really like how she is able to be at the right place at the right time. 



And, her assistant is a miracle worker! 



She does show that a mediator's job is to think outside the box - to look at the issues and try to make mediation a win-win for everyone involved. 



I do like her passion for her mediations.  It will be interesting to see if each episode continues to feel like she is on a "mission from God". 



I like this character because she is able to say just the right thing and people that we about to choke each other 60 seconds ago suddenly are able to hug each other and resolve all issues!  Damn I'm jealous!  I wish I had such great script writters when I am doing a mediation! 



I've often commented to my clients in litigated cases that the courtroom is just not like television because we don't have commercials and we don't have script writters that can resolve all issues in less than 50 minutes. 



The characters in Fairly Legal seem really messed up and barely functioning.  This show might be a success just because they all seem to human.



I hope that this show lasts long enough to develop a following.