Family law mediation

Divorce mediation is a process where you and your soon to be ex-spouse (or signficant other) meet with a neutral trained third party family law mediator to reach a settlement in your lawsuit (divorce or SAPRC  or modification).



There is no time limit to the mediation so that you have time to explore and discuss options.  There is no limit as to what issues can be discussed - spousal support, child support, assets, debts, visitation, children's hobbies, children's special needs, etc.



However, if a party admits to child abuse or threatens to commit a crime then the mediator MUST immediately stop the mediation process.  Other than those situations, mediation is a confidential, private process.



Many people like mediation because it is cheaper and faster than going to court.  The mediator asks both parties to be honest and negotiate in good faith.  The mediator attempts to level the playing field.  Neither party is allowed to emotionally or physically abuse the other spouse.  A mediator will attempt to diffuse emotions and focus on common goals to resolve your differences.  You will not be forced to enter into a final agreement.  The process is entirely voluntary.  You always have the right to continue with litigation and trial in front of a judge if you are not satisfied with the mediation process.



Many people like the fact that mediation is a private and confidential process.  The offers made cannot be mentioned to the Judge.  (Just like the Las Vegas ad -- what happens at mediation, stays at mediation.)  Often the mediator will "think outside of the box" and bring creative solutions that a judge could not offer because the Judge must follow the Texas Family Code.  A mediator can offer solutions outside the TX Family Code that might work better for you and your children.



Mediation can often begin the healing process to allow the parties to begin to co-parent their children.  Even though the marriage is ending, the parents will be co-parenting their children for the rest of their lives.  In fact, they will be co-grand-parenting their future grand-children.  It is often said that a marriage might be ending but the family endures.  Mediation is much less adversarial that a trial.  At trial, "mud" will be slung to show how bad each of you are - the hurt feelings are traumatic and will probably impact the children.  After "slinging" all that dirt then you get to leave the courthouse and try to co-parent your children together.  Mediation helps the divorcing couple create a parenting plan that focuses on what is best for the parents and the children.  No judge knows you and your children as well as you do.  A judge will make decisions -- but they will probably be decisions that neither of you like.



Mediation is usually not recommended if there has been extensive physical or mental abuse.  Attorneys recognize that there are a small percentage of cases that just need to go to trial in front of a judge.



If you reach an agreement, everyone signs a document called a Mediated Settlement Agreement (MSA) that is filed at the courthouse.  It is binding and cannot be changed.  In other words, you are "stuck" with what you sign. The case is done - finished - completed.  Then an attorney must take the MSA and prepare the final paperwork so that a judge can sign it so that can be "enforced" at a later date if one of the parties does not follow the agreements that both of you agreed to do.



Mediation is one form of alternative dispute resolution (ADR).  There are many excellent websites that cover mediation.  Each state handles mediation slightly differently.  In the State of Texas, mediation is normally required before you can get a trial date before a judge.



Most family law attorneys won't tell their clients this when a case first starts, but over 90% of family law cases settle before trial before a judge or jury.  Most cases do not go before a jury because in Texas juries only hear a limited number of family law issues -- plus the cost is prohibitive to most people (expect to pay over $20,000 if you want a jury trial.)



If you have a family law case in Harris County, Texas, anticipate being sent to mediation before you get a hearing date in front of a judge.



There are 2 free mediation services in Harris County.  Private mediators charge from approximately  $250-$1,000 per side for 4 hours.

Chapter 31 - Removal of Disabilities of Minority in the Texas Family Code

Emancipation is called "removal of disabilities of minority" in the State of Texas.  You can find it under Chapter 31 in the Texas Family Code.



The chapter is very short.



The judges interpret this law very strictly.  There is no flexibility in the courts of Harris County.  You must meet every requirement.  For example, you must be at least 16 years of age to apply.  If you are 15 years old and 10 months, please don't call an attorney because you cannot file the paperwork at the courthouse!



YOU must be self-supporting -- that means your boyfriend or a family member cannot be supporting you.  You must be able to pay for your rent, food, clothing, utilities, etc. all on your own!  If you have a roommate, that is ok if you are able to pay for your 50% of everything.



You must be able to state where your living parents are currently located.



You must be able to clearly state why the judge should grant your request.



You must be able to clearly state the purpose for this request.



The judge shall appoint an amicus attorney or attorney ad litem to represent the interest of the person (teen) making this request.  The teen MUST pay this attorney.  How much do they charge?  Most attorneys charge at least $1,500 - $2,500 because they have to do a lot of work - interview you, your parents or guardian, perhaps your teachers, your neighbors, your relatives, your employer, visit your home - this takes many hours of their time.



How long does this take to be finalized? I would plan on at least 4 months.

Goggle has made me an "expert" on emancipation & name changes in Harris

I have been receiving a lot of phone calls  (approximately 5-6 calls per week) on name changes for adults and children.  Plus, many calls for teenagers and even parents wanting to force their minor children to be emancipated because they cannot control them.  (Apparently the police make this suggestion when they are called out for "out of control" teens.)



I finally figured out why I receive so many of these calls - when you "Google" something like Texas emancipation I show up in the middle of the page -- but I'm the only listing with a tiny photo so people click on me.  Even though my blog posts on these topics are almost 2 years old, they just call - they never bother to read any of my other posts that clearly state that I no longer litigate or that there are many requiremenets in order for a teen to qualify to be emancipated.



In order to emancipate (called "removal of disabilities of minority" in the State of Texas) you must meet EVERY requirement or the Judge cannot sign the paperwork.  There is no flexibility in the statute.



Some attorneys will take your money and file the paperwork then apologize when the judge denies your final order.  I personally don't want to waste your time or money if I know that the judge is not going to sign the final paperwork.



READ -- Chapter 31 of the TEXAS FAMILY CODE - REMOVAL OF DISABILITIES OF MINORITY -- available on-line.

Members Can Strip HOA of Foreclosure Powers

San Antonio HOA Lawyer Trey Wilson wrote:

DID YOU KNOW?

As part of the sweeping reform of HOAs enacted by the 82nd Texas Legislature (2011), power was conferred upon property owners /members in community associations to grant or remove authority for their homeowners associations to seek collection of assessment liens through foreclosure. 

Texas Property Code Section 209.0093, which was adopted in 2011, allows property owners -- by and through a vote of at least 67% of the total association votes -- to remove foreclosure power from the dedicatory instrument a/k/a the "CCRs," the "covenants" and/or the "Declaration."  This same percentage of voters (67%) can add foreclosure powers to the dedicatory instrument, even if it did not previously exist.  

In my opinion, Section 209.0093 represents a tremendous step toward self-determination by the members of an HOA, and is truly a form of grassroots democracy in action.

A question that naturally arises is "How do I get my HOA Board to conduct an election or take a vote to add or remove the power of foreclosure?"  Fortunately, the statute answers that question too!  It provides:

"Owners holding at least 10 percent of all voting interests in the property owners' association may petition the association and require a special meeting to be called for the purposes of taking a vote for the purposes of this section."

Property Owners who desire to strip its HOA of foreclosure powers should ensure that at least 10% of the members are in favor of conducting an election on this issue, and then request in writing that the HOA Board schedule a special meeting to let the membership decide whether the power should be adopted, removed or retained.

HOA Boards that refuse to conduct meetings when required by law, or the Association's By-laws subject themselves to potential liability.

In Texas, HOA Cannot Foreclose Without a Court Order

San Antonio HOA Lawyer Trey Wilson wrote:

As a lawyer with a track record of taking-on homeowners associations in a variety of lawsuits and collection efforts, I am frequently asked whether Texas HOAs have the right to conduct private foreclosure sales on the courthouse steps.  

The answer is "YES, but only after Court permission has been obtained, or the owner of the property being foreclosed agrees in writing (at the time the foreclosure is sought) to waive judicial process." However, this hasn't always been the case.

It wasn't until the Texas Legislature added Section 209.0092 to the Property Code in 2011 that property owners' associations were required to foreclose their assessment liens exclusively through judicial foreclosure. 

Prior to enactment of this section, HOAs frequently foreclosed their liens by and through private sales that were conducted solely under the contractual authority granted to them under restrictive covenants ("CCRs").  These sales were sometimes conducted without sufficient notice to property owners or other lienholders. Abuses in non-judicial foreclosures conducted by HOAs and their attorneys led to widespread criticism, and ultimately to the adoption of Section 209.0092.

Despite the new requirement for Judicial Foreclosure of HOA Assessment Liens, there still exists an expedited timeline and somewhat complicated set of rules applicable to the process. Property owners who find themselves defending a foreclosure lawsuit filed by their HOA should promptly seek legal representation.

Dallas 911: How Reliable Is It and What's Dallas Police Department Doing About Making 911 More Reliable

911.  We depend upon those numbers, and we teach our kids to call 911 in case of emergency almost as soon as they learn to tie their shoes.  However, the reality is that calling 911 may not bring much, if any help, in today's real world.  Particularly here in Dallas, as the tragedy of Deanna Cook's death is still being grieved here in our community.

A few weeks ago, a young and pretty woman named Deanna Cook called "911" from her apartment here in Dallas.  It wasn't a short call:  Deanna was on her cell phone with 911 Dispatch for 11 minutes.

Eleven minutes.  That's a long time.

The 911 recording has been played over and over again now: even Cook's family has had the opportunity to hear it.  Had to have been very difficult for them: Deanna Cook can be heard to be screaming, terrified, as her ex-husband, a man named Delvecchio Patrick, is heard telling Deanna that he is going to kill her.  Cook tells the 911 operator the name of her attacker.  Cook is obviously in fear of her life and her attacker can be heard on the call as well.  

Sadly, no one came to rescue Deanna Cook from her attacker and she died that day.  Dallas Police did show up at her door, though.  They knocked.  They left. 

Dallas Police Department: Acknowledges Mistakes Were Made 

According to Dallas PD, there were problems. (Obviously.)  First, since Cook called from a cell phone there was no automatic identification of Cook's location and it took nine minutes for her location to be pinpointed by the police officers en route.  

Question: why didn't the 911 operator get the address of Cook's apartment during those 11 minutes she was on the phone with the murder victim?

Another problem according to Dallas police: no one answered the door.  That's right: when they arrived and they knocked and Deanna didn't welcome them into her home, they left.  (They did peek in the windows.)  According to the officers, this was because they understood this to be a domestic disturbance call - a spat - and the silence meant to them that the disturbance had been resolved.  (Yes.  It had been resolved in bloodshed.)  Dallas PD explains that the 911 Operator never explained that Deanna Cook was being attacked to the officers who were responding.  

Victim's Family Came to Her Rescue, Not Police: They Were Too Late

When did Deanna Cook's murder get discovered?  Two days later - when water was gushing out of her apartment and her family couldn't get inside because the doors were locked.  The police were called a second time to Cook's home: the family was told that the police couldn't help them - that they needed to call the hospitals and the jails to find Deanna. So, Deanna's family broke down her door and found her body laying in the bathtub.  Cook had been dead for two days.

Understandably upset, Deanna Cook's family is asking a lot of questions about the Dallas 911 service -- as are a lot of other people.  Dallas Police Chief David Brown told the public that the event would be investigated.

Dallas Police Chief Responds to Public Concern: Hire More 911 Operators

At an August community meeting held to address a number of community concerns about the Dallas Police Department, Chief Brown said that the 911 Call Operator's actions did fail to prevent this crime - if the 911 operator had told the police that the caller was being attacked, things would have been different.  

So, what's being done?  Yesterday, Dallas PD posted job wanted ads on Facebook for more 911 Call Operators.  That's right: they are going to hire more people to handle 911 calls here in Dallas.  No details on how these new hires will be trained.  Or how those 911 Operators already on the job, like the one who answered Deanna Cook's distress call, will be trained in the future.  

Feel safer?  

I am a 9 year Breast Cancer Survivor!

This summer marks my 9th year of being a breast cancer survivor.



Chemo gave me a new motto - "it's easier than chemo"!



It also gave me a new perspective in life -- I became a mediator.



I am an attorney truly believes that most family law issues can be resolved without escalating to court involvement. 



Of course, a small percentage of cases need a judge to be involved - those cases that involve the mentally ill, drug abuse, physical abuse, etc. 



But overall, most family law cases should be resolved peaceably and confidentally between the parties with their attorneys acting as counselors and advisors.