Roles Law, PCAustin Family Law & PI Attorney | Roles Law, PC2024-03-05T19:36:40Zhttps://www.roleslaw.com/feed/atom/WordPressOn Behalf of Roles Law, PChttps://www.roleslaw.com/?p=476932024-03-04T19:36:55Z2024-03-05T19:36:40ZLack of communication
Effective communication between parents is necessary during a custody case. Failing to share important information or keeping the other parent in the dark can lead to misunderstandings and complicate the legal proceedings.
Ignoring the child's best interests
The court's main focus is ensuring the child's well-being. To align with this, parents should prioritize their child's needs over their disagreements. Neglecting the child's best interests could have a detrimental effect on the court's final decision.
Disregarding court orders
Parents must follow court orders without exception. Disregarding or violating them undermines the integrity of the legal process and may diminish a parent's credibility. This could potentially influence custody decisions and other aspects of the case.
Overlooking documentation
Accurate and up-to-date documentation is important in a child custody case. Failing to keep records of communication, visitation schedules, and other relevant information may weaken a parent's position during legal proceedings.
Inconsistent behavior
Consistency is key in a custody case. The court may view inconsistent behavior, such as frequently changing plans or routines, unfavorably. Maintaining stability is necessary for a positive outcome.
Avoiding these common mistakes can impact the success of a child custody case and increase the likelihood of achieving a favorable outcome.]]>On Behalf of Roles Law, PChttps://www.roleslaw.com/?p=476922024-02-21T02:39:04Z2024-02-21T02:39:04ZYoung drivers
Teen drivers are more prone to accidents due to their lack of experience and tendency to engage in risky behaviors. It is vital for parents to provide proper driver's education and enforce safe driving habits. Graduated licensing programs can also help young drivers gain experience gradually, reducing the risk of accidents.
Unfortunately, the Centers for Disease Control and Prevention reports that roughly 227,000 drivers between 13 and 19 suffered injuries in traffic accidents during 2020.
Older drivers
Middle-aged drivers, although more experienced, may face distractions due to work or family responsibilities. It is important for them to prioritize safe driving habits, avoid distractions and undergo regular vision and health check-ups. Older adult drivers may experience age-related decline in vision, hearing and reaction time. They should be aware of these changes and adapt their driving accordingly. Regular medical check-ups, driving assessments and considering alternative transportation options can help ensure their safety and that of others on the road.
Improving road safety for all age groups involves a collective effort. By understanding the unique challenges faced by different age groups and implementing appropriate safety measures, drivers can strive towards reducing car accidents and make the road safer for everyone.]]>On Behalf of Roles Law, PChttps://www.roleslaw.com/?p=476912024-02-07T01:33:23Z2024-02-07T01:33:23ZDivision of assets
In 2021, 1,985,072 people got married and 689,308 people got divorced, according to the CDC. However, during their marriages, these individuals accumulated assets, including retirement accounts. During the divorce process, retirement savings may get divided between the former spouses. This can significantly reduce the retirement nest egg for both parties. This makes effective negotiation important for both parties.
Alimony and retirement income
In some cases, one spouse may need to provide financial support to the other through alimony. The paying spouse might find it challenging to maintain his or her own retirement contributions, leading to a potential shortfall in retirement savings.
Impact on Social Security benefits
Divorce also impacts Social Security benefits. If the marriage lasted at least 10 years, divorced individuals may claim benefits based on his or her ex-spouse's earnings record. However, there are rules and ramifications associated with this option.
Tax implications
Divorce has tax implications that can impact retirement. Understanding the tax consequences of asset division, alimony payments and other financial aspects is important for effective retirement planning. Consulting a tax professional can provide valuable insights into optimizing the tax efficiency of retirement accounts post-divorce.
When couples pursue a divorce, they should assess their retirement goals. They may have to adjust their retirement age, savings rate and investment strategy to accommodate the new reality. A diligent review of the revised financial landscape can help ensure that retirement plans remain realistic and achievable.]]>On Behalf of Roles Law, PChttps://www.roleslaw.com/?p=476902024-02-03T21:22:34Z2024-02-06T21:22:27ZImmediate symptoms
Whiplash symptoms can vary in terms of severity and presentation. Several immediate signs may indicate the presence of this injury. These include neck pain and stiffness, headaches, shoulder pain and limited range of motion in the neck. People may also experience dizziness, fatigue and concentration issues. Seek medical attention without delay if these symptoms occur after a car crash or other traumatic event, even if they initially seem mild.
Delayed symptoms
In some cases, symptoms of whiplash may not become apparent until hours, days or even weeks after the injury occurs. Delayed symptoms can include worsening neck pain and stiffness. They can also include persistent headaches, tingling or numbness in the arms or hands and difficulty sleeping. Individuals may also experience blurred vision, ringing in the ears and irritability. Looking for these signs and seeking prompt treatment if they arise is important. Delaying treatment can exacerbate the injury. It can also prolong the recovery period.
Recognizing the signs of whiplash requires attentiveness to both immediate and delayed symptoms. Prompt medical evaluation and appropriate treatment can alleviate symptoms, prevent complications and promote a speedier recovery.]]>On Behalf of Roles Law, PChttps://www.roleslaw.com/?p=476872024-01-23T02:22:33Z2024-01-24T02:21:15ZCommunity property principle
Texas operates under the community property principle, meaning that marital assets are generally considered community property. This includes any property acquired during the marriage, with a few exceptions for gifts, inheritances and personal injury settlements.
Identification and valuation of assets
The first step in the asset division process is the identification and valuation of all community property. This involves listing and assessing the value of assets such as real estate, vehicles, bank accounts, investments and personal belongings acquired during the marriage.
Debts and liabilities
Alongside assets, the court also takes into account any debts or liabilities accrued during the marriage. The goal is to achieve a fair and equitable distribution, considering both the positive and negative financial aspects of the marital estate.
Factors influencing division
Courts consider various factors when deciding how to divide assets. The court considers the earning capacity of each spouse, their education and health. The court also considers any disparities in the contributions made by each party to the marriage, both financially and in terms of homemaking or childcare responsibilities.
Just and right division
The overarching principle guiding asset division in Texas is that it should be "just and right." While this does not necessarily mean an equal 50-50 split, the court aims to ensure a fair distribution based on the unique circumstances of each case. The goal is to prevent any unfair advantage to one party over the other.
Mediation and settlement
Before going to court, spouses should try mediation or reach a settlement agreement. This allows them to have more control over the outcome and can be less adversarial than a court proceeding. If they reach an agreement, the court will review and approve it, incorporating it into the final divorce decree.
Understanding these guidelines for asset division can help spouses navigate this aspect of divorce and work towards a fair resolution.]]>On Behalf of Roles Law, PChttps://www.roleslaw.com/?p=476862024-01-10T16:01:26Z2024-01-10T16:01:26ZProperty owner's responsibility
In many cases, the property owner is responsible for maintaining a safe environment for visitors. This includes regularly inspecting and addressing potential hazards. If the property owner neglects their duty and a hazardous condition leads to a slip-and-fall, they may be liable.
Employees' actions
Employees working on the premises also play a role in slip-and-fall liability. If an employee causes a hazardous condition or fails to address one, their actions may contribute to the accident. Employers, in turn, may be responsible for the negligence of their staff.
Negligence and contributory factors
Liability often hinges on proving negligence. If the property owner or occupier acted negligently by failing to address a known hazard, the law holds them accountable. Additionally, if the injured person's own actions significantly contributed to the accident, their level of responsibility may be a factor in the overall liability assessment.
Nature of the hazard
The nature of the hazard also plays a role in determining liability. If the hazard is "open and obvious," meaning a reasonable person would have noticed and avoided it, the property owner or occupier may have a stronger defense. However, if the hazard is obscure or not easily noticeable, the liability may shift toward the property owner or occupier.
Slip-and-falls are the catalysts for over 1 million emergency room visits each year. If you experience a fall that leads to the hospital, you deserve to know who is liable so you can pursue your rightful compensation.]]>On Behalf of Roles Law, PChttps://www.roleslaw.com/?p=476842023-12-28T20:21:13Z2023-12-28T20:21:13Z1. Undervaluing assets
One common method employed involves assigning a lower-than-accurate value to properties, investments or other assets. This makes it challenging for the other party and the court to determine the true worth during the asset division process.
2. Transferring assets
Another strategy to hide assets involves transferring ownership to third parties, such as friends or family members. By doing so, individuals aim to distance the assets from the divorce proceedings, obscuring them from the court's scrutiny of the marital estate.
3. Creating shell companies
Some individuals resort to creating shell companies or fake businesses to hide the existence of assets. By funneling money or assets through these entities, they can create a complex financial trail that is difficult to trace accurately.
4. Stashing cash
A more straightforward method is stashing cash away. This can involve hiding physical money, depositing funds in undisclosed accounts, including offshore accounts, or using cash to make large purchases that can remain undetected during the divorce process. Cash transactions can be challenging to trace and account for accurately. Individuals may also overpay their taxes by large amounts so they can receive it back on their returns. Another common place to store cash is cryptocurrency, which is digital, unregulated and has a value in the trillions according to CoinMarketCap.
5. Inflating debt
Inflating debt is another tactic individuals may use to hide assets. By exaggerating debts or financial obligations, they make it appear that their financial situation is less favorable than it truly is.
Texas is one of the few states that divides marital property based on equality rather than equity. When spouses conceal assets, they cheat the law and their partners. It is important to report any suspicions to courts because they can launch investigations and assign professionals like forensic accountants to uncover hidden assets.]]>On Behalf of Roles Law, PChttps://www.roleslaw.com/?p=476832023-12-13T19:56:54Z2023-12-14T19:56:46ZParental roles and involvement
Today, courts acknowledge the importance of both parents in a child's life. The focus is on the active engagement of each parent rather than adhering to traditional gender roles. Judges evaluate the extent of a parent's direct involvement in the child's daily activities, ranging from helping with homework to participating in extracurricular activities.
Stability and consistency
Kids do well when they have a stable and regular routine. In legal matters, courts emphasize a parent's capability to give their son or daughter a steady and dependable environment. This involves having a consistent home, regular school attendance, and a reliable daily schedule. This information helps to determine which parent can provide a secure and predictable lifestyle for the child.
Emotional and physical well-being
The biggest concern in a custody case is the child's well-being. This includes both their emotional and physical health. Judges carefully examine each parent's ability to meet the child's emotional needs with love, support and a caring environment. Additionally, the court considers the parent's capacity to provide adequate healthcare for the overall physical needs of their dependent.
Co-parenting and cooperation
The capacity of parents to work together and co-parent effectively is also a significant factor. Courts appreciate those who can set aside personal conflicts for the sake of their son or daughter. A cooperative approach fosters a healthier post-divorce environment, demonstrating a commitment to prioritize the child's needs above parental differences.
Financial stability
While not the sole determinant, financial stability does play a role. The court assesses each parent's ability to provide for the child's needs, including education, healthcare, and other essential expenses. It is not just about having a large amount of wealth; instead, it concerns being able to meet all the requirements of their dependant.
Contemporary courts look beyond gender stereotypes to determine what is best for a child during a custody case.]]>On Behalf of Roles Law, PChttps://www.roleslaw.com/?p=476822023-12-13T19:55:03Z2023-12-13T19:54:13ZParental rights for unmarried mothers in Texas
In situations with unmarried parents, the birth mother automatically receives both physical and legal custody of the child. This means that the mother has the right to physical possession of the child and the authority to make important decisions regarding the child's upbringing, such as education, healthcare and religious matters.
Unmarried mothers retain sole conservatorship over the child, even if the parents are in a relationship. This means that the mother has the exclusive right to determine where the child lives and make decisions on behalf of the child without the father's input or consent.
However, an unmarried mother may still want to establish paternity. This step can ensure the official recognition and involvement of the child's father.
Rights and responsibilities of unmarried fathers in Texas
Unlike unmarried mothers, unmarried fathers in Texas do not have automatic parental rights over their children. As such, an unmarried father must take specific legal steps to establish paternity and obtain legal rights to his child. Simply having the father's name on the birth certificate is not enough to grant these parental rights.
To establish paternity, an unmarried father has two main options. First, he could file an Acknowledgment of Paternity form with the Texas Vital Statistics Unit. An AOP form is a legal document that both the mother and father voluntarily sign to acknowledge the father's paternity.
Otherwise, he needs to obtain a DNA test. If there is a paternity dispute, either the mother or the alleged father can file a paternity suit. The court may then order a DNA test to determine biological parentage.
Only after establishing paternity can an unmarried father petition the court for custody rights and visitation. Before doing so, he cannot intervene in the mother's decision-making process or enforce any visitation rights.
Custody options for unmarried parents in Texas
Each parent can protect custody rights by obtaining a comprehensive court order that addresses all the necessary aspects of custody. These aspects should include:
Conservatorship
Rights and duties
Possession and access
Support
Geographic restrictions
Unmarried parents in particular should consider the importance of a legally binding child custody arrangement to protect their rights and ensure the best interests of the child. Even if the parents are in agreement and have a positive co-parenting relationship, a formal court order provides clarity and enforceability.]]>On Behalf of Roles Law, PChttps://www.roleslaw.com/?p=476802023-11-28T20:08:43Z2023-11-28T20:08:43ZAssess the risk of infection
One of the primary concerns with dog bites is the risk of infection. Dogs’ mouths contain a host of bacteria, and when they bite, these bacteria can enter your wound. Even a small, clean-looking bite can get infected. Medical professionals at the hospital can properly clean and assess your wound, reducing the risk of infection. They can also provide you with antibiotics if necessary, to prevent or treat an infection.
Evaluate the need for a tetanus shot
If it has been a long time since your last tetanus shot, you might need a booster. Tetanus is a serious bacterial infection that can result from wounds like dog bites. The staff at the hospital can determine whether you need a tetanus shot based on your vaccination history and the specifics of the bite.
Check for rabies
Another serious concern with dog bites is rabies, a deadly virus that an animal's saliva can transmit. If the dog that bit you is unknown or unvaccinated, the risk of rabies becomes a significant concern. At the hospital, healthcare providers can assess the risk and administer rabies post-exposure prophylaxis if necessary.
Identify hidden injuries
Some dog bites can cause damage beneath the skin, such as to muscles, tendons or nerves, that is not immediately visible. At the hospital, doctors can perform a thorough examination and, if necessary, order imaging tests to check for any underlying injuries.
Do not take a dog bite lightly, as prompt medical attention can prevent serious health complications and ensure proper healing of the wound. Remember, it is always better to be safe and seek medical care after a dog bite.]]>