Child Abuse


addict parent
Divorce is often a tragedy that a family has to cope with. It presents a challenge for all the parties involved. However, there are situations where the degree of difficulty is drastically increased. One such situation is if your ex-spouse is an addict. When the ex-spouse is addicted to something, the divorce may be seen as a relief. However, if there are kids involved, one has no choice but to share parenting responsibilities with the ex-spouse. This situation can present some complications, some of which are enumerated below. The Addicted Parent has Trouble with Committing to Schedules By its definition, an addict has become dependent and is unable to function normally without the fixation. As a co-parent, addicts often fail to keep a commitment even if it were mutually agreed upon by both parties. In a divorce setting, this could result in conflict or even legal implications. Custody is a legal matter and the judges impose that the schedules be followed to the letter. The Child may be Exposed to Harmful Substances As with addicts, they are likely to use harmful or toxic substances. Without the contentions of the other parent the addict co-parent may leave their drugs or even the paraphernalia in the household premises, within reach of the child. Regardless of the child’s age, this is never a good thing. Addicts are more Prone to Negligence If the child is dependent on a parent who is, in turn, dependent on something else, his needs may not be the first priority of the addicted co-parent. Thus, there would be times when the addicted parent would neglect the child’s meals or, in some cases, prescribed medication. How to Cope with an Addict Co-Parent There are necessary steps that a parent needs to undertake in order to cope with this challenging […]

Co-Parenting with an Addict Ex-Spouse


Violence
Domestic violence is cancer in a marriage and it does not choose victims based on race, age or background. This is an unfortunate and unpleasant to talk about but it does exist. Victims always have a hard time surviving and getting over the experience despite resources made available to help and support the victims. The worst thing about domestic violence is that the abuser is someone who knows you more than anyone else so it hurts more. Often, domestic violence leads to divorce. You will need a divorce attorney if you intend to pursue a divorce to get out of a marriage where domestic violence occurs on a regular basis. Domestic Violence and Divorce A divorce is originally stressful and with an abusive spouse, it can get even more complicated. Most abusers always resort to violence to maintain over you. It is common for victims of domestic abuse to feel trapped as if there’s no way to seek help. The mental hold of the abuser towards the victim usually blinds them and keeps them from seeking help. If you are a victim of domestic violence and are reading this right now, you are making a significant step towards breaking free from your misery. Getting a divorce is an important step to protect yourself from domestic violence once and for all. It does not provide a cure overnight, but it will slowly and surely bring about recovery. Filing for divorce does result in instant advantages. In some instances, victims of domestic violence need a safe place to get away from the abuser. The Texas divorce attorney helping out with the case would be able to request for a temporary restraining order for the abuser which would keep the client safe from more violence. Children and Domestic Violence Domestic violence in a marriage […]

How to Deal with Domestic Violence and Divorce in Texas



alcohol abuse divorce
There are many factors that would cover a valid excuse to enter into a divorce. One of the most common issues is alcoholism. In any relationship, even if it is not romantic, when alcohol abuse comes into play, it will really lead to many other detrimental concerns. Alcoholism: A common cause for Divorce Many of the lawyers specializing in Divorce acknowledge that when one of the spouses have the tendency to succumb into alcohol addiction, the other spouse is the one who seeks help to end the marriage. This is mostly done because the other spouse is also after the protection of his or her life, and the lives of the children involved in the family. When a family gets into this kind of issue, there are several notable instances that the abusive spouse might get violent in the process. It is most important to always be cautious of the environment, and to get a good lawyer who is experienced so that the lives of the other members of the family are protected as much as possible. When substance or alcohol abuse is involved in the case, the court delves deeper into the details into the whole issue and makes a constant effort to arrive at the best resolution. No-Fault Divorce in Texas In the state of Texas, the law acknowledges no-fault divorce. This means that a couple can file a divorce even without any fault from any of the spouses. But even though this is strongly supported by the court, it is also highly recommended by lawyers that the spouse who was a victim of the abuser should file the divorce on the count of physical abuse, emotional abuse, or cruelty. These may also be considered as valid grounds especially when the spouse is an alcohol abuser. Custody of the […]

My Spouse is an Alcoholic, What Now?


drug addiction
Drug addiction in any way is not beneficial to anybody. It is even more detrimental when more people become affected by just one person’s drug addiction. One of the many examples of being affected by drug addiction is in the family. When Drug Addiction or Substance Abuse is in the picture, it is very dangerous for a family to easily be broken physically, emotionally and spiritually. Substance Abuse is very dangerous and can have a lot of negative impacts on the lives of the spouses and the children. This may lead to a very complicated life, and may lead for the children to take after their abusive mother or father. These kinds of cases should not be taken lightly as there are other factors that need to be considered in order to avoid further damage to other lives. Deprivation of Custody In the state of Texas, the Family Code states that the one important part of the family that must be protected at all times are the children and their rights as citizens of the United States. The Family Code values the children and in the eyes of the law, the children must always be under the protection of those who are fit enough to provide for them and their basic needs. A custody issue can arise from a Drug Addiction problem. The Judge will have to decide on the basis of the best interest of the child taking into consideration the needs of the child and the means and capability of the parents to provide for those needs. This will include the provision of food, shelter, clothing and the safest environment for them to live in. In this sense, the judge has the power to take away custody from one parent and award it to the other parent or […]

My Spouse has a Drug Addiction, What Now?



Child Abuse
A closet with a deadbolt, regular wood paddling, nowhere to urinate, and not much room, fed only rice and beans.  These were the conditions that Child Protective Services and Fort Bend County Sheriff’s deputies found seven children in a Richmond, Texas home.  Needless to say, all seven of the special needs children had not been to school, otherwise, the child abuse in Texas would have been caught sooner. In early December, on the 3rd, Paula Sinclair (54) and Allen Richardson (78) were arrested by the Fort Bend County Sheriff.  This came after Child Protective services took a complaint about the adopted children from the home of Sinclair and Richardson.  The charges: aggravated kidnapping and bodily injury to a child.  Both charges are felonies, first and third degree.  The couple is now in the Fort Bend County jail without bond. Allegations of child abuse in Texas had been made and CPS as such launched an inquiry.  This inquiry was to determine if abuse did exist among the seven adopted children in the Sinclair/Richardson home. The children, between the ages of 13 and 16, had been struck with a wooden paddle multiple times, causing injuries that needed treatment.  Each kid was a special-needs child that was not receiving any kind of care they needed. Sinclair was known as “mom” while Richardson was referred to as “Coach”.  Sinclair and Richardson were not married to each other.  In fact, Sinclair has a husband who lived at another location. Since being found, the children have been hospitalized in order to start receiving the care that they need.  They are starting to recover from the child abuse in Texas. For each child, Sinclair was receiving $540 per month, per child.  This has been ongoing from 2003 and 2004 when the children were adopted. The same house […]

Child Abuse in Texas


Texas Primary Custody
The Texas Family Code is clear that children and youth must attend permanency review hearings, and places additional duties on attorneys ad litem, judges, and the child welfare agency to meet with children in advance of court hearings.  Despite many improvements over the past several years, Texas courts still do not consistently engage youth in meaningful participation in the court process. Ensuring that youth voice is heard and considered continues to be a challenge.  This lack of youth involvement results in foster youth feeling disconnected from the process, and judges not reaping the benefit of their input. Q:  What does the law require? A:  Chapter 263 of the Texas Family Code mandates that all children who are in the conservatorship of DFPS attend all permanency hearings.  Specifically, Section 263.302 states that the child shall attend each permanency hearing, unless the court specifically excuses the child’s attendance, and that the court shall consult with the child in a developmentally appropriate manner regarding the child’s permanency plan, if the child is four years of age or older and the court determines it is in the best interest of the child. Q:  Are there any exceptions to 263.302? A:  Yes, the judge can make an individual determination that excuses that child from attending a specific hearing. However, issuing a blanket order excusing a specific child or all children from attending permanency hearings, is not considered best practice. Q:  Why isn’t it sufficient for me to speak for my client since I am his/her legal representative? A:  There have been many studies by the ABA as well as Court Improvement Programs around the country on this singular issue, all with similar findings that foster youth repeatedly express the desire to be involved in decisions about their lives.  Youth involvement contributes to the young person’s […]

The Importance of Youth Voice in Court Proceedings



A Quick Guide to Divorce
  Texas Divorce Overview   Everyone іѕ fаmіlіаr wіth the wоrd dіvоrсе but dоеѕ not know thе technicalities about it. It is іmроrtаnt thаt wе should bе able tо knоw things about dіvоrсе аnd whаt are thе thіngѕ thаt wе ѕhоuld соnѕіdеr about when people аrоund us or ѕресіfісаllу uѕ іnѕtеаd are planning tо еngаgе into thіѕ kіnd оf situation. Yоu ѕhоuld fіrѕt know whаt rеаllу dіvоrсе іѕ tо have a dеереr perception about this dіѕеаѕе іn thе community that іѕ not only ruіnіng thе lives оf the husband and wіfе but аlѕо thе реорlе thаt аrе іnvоlvеd in thе marriage, tоо. Aссоrdіng tо Wikipedia, “Dіvоrсе (оr the dіѕѕоlutіоn оf mаrrіаgе) іѕ the fіnаl termination of a mаrіtаl union, саnсеllіng the lеgаl dutіеѕ аnd responsibilities оf mаrrіаgе аnd dissolving the bonds оf mаtrіmоnу bеtwееn thе раrtіеѕ.” It is іmроrtаnt that we ѕhоuld bе able tо know thаt dіvоrсе іѕ not just mеrе breaking up but also hаvіng a permanent separation with the person thаt уоu have married. A divorce fоllоwѕ a ѕеt of court hеаrіng іn which they would dіѕсuѕѕ all thе thіngѕ thаt a mаrrіаgе controls, from thе kids to the fіnаnсеѕ would bе a ѕubjесt mаttеr in a divorce. Yоu ѕее, іt wоuld rеаllу bесоmе ѕо complicated for you and уоur fаmіlу tо ѕіnk іn to this “solution”, if іt іѕ a ѕоlutіоn аftеr all or mау trigger to ruin аll the реrѕоn’ѕ lіvеѕ thаt аrе іnvоlvеd in the ѕіtuаtіоn.   Whаt аrе thе common grоundѕ fоr having a dіvоrсе?   First of аll, іt would bе hаvіng аn extra mаrіtаl аffаіr. Thіѕ іѕ very соmmоn because аlmоѕt 1/4 оf a 100 оf those who dіvоrсе thеіr ѕроuѕеѕ hаvе this рrоblеm аnd they cannot take anymore whаt іѕ hарреnіng so thеу decide to have thеіr marriage divorced. Second […]

Texas Divorce Overview


divorce 1
Domestic violence can have devastating effects on children. Batterers often use children to manipulate their partners. While the relationship continues, batterers may threaten to take custody of, kidnap or harm the children if the victim reports the abuse. After a battered woman leaves a relationship, batterers may use child custody disputes, visitation and joint custody arrangements as opportunities to threaten, intimidate, coerce and harm their former partners. From Kendall Segel-Evans, Wife Abuse and Child Custody and Visitation by the Abuser (1989). For a long time, domestic violence was not considered relevant to custody and visitation determinations. As explained in more detail in the Toolkit to End Violence Against Women, created by the National Advisory Council on Violence Against Women and the United States Department of Justice’s Violence Against Women Office, available in PDF and text formats, judges making custody determinations “routinely concluded that violence toward the other parent had nothing to do with one’s ability to adequately parent, and most court decisions revealed that judges did not believe that domestic or sexual abuse of one parent by the other fundamentally compromised the interests of the children.” As the Toolkit explains further, because of the ways in which batterers can use child custody and visitation against their former partners, however, advocates argued that the laws governing custody and visitation determinations must account for the power and control dynamics in an abusive relationship. Some jurisdictions now require the judge to consider domestic violence in making a custody award. Others create a presumption against an award of custody to the abusive parent, or prohibit an award of joint custody to an abusive parent. Yet others require the judge to find that the batterer does not pose a threat of harm to the child before awarding that parent visitation rights. Other laws recognize that […]

Domestic Violence: Child Custody and Family Law