Adoption is the process of transferring legal parental rights from one person or family to another.  Generally, termination of a parent’s legal rights to a child must accompany the legal adoption process.  In some cases, the court may determine that a biological parent is unsuitable to provide for the needs of the child, and will terminate parental rights.  This can also occur should a parent voluntarily give up rights to the child.  For additional information, see State Bar of Texas, Texas Young Lawyers Association’s publication, Adoption Options.

From uncontested divorce to high-conflict custody battles or battles over the family business, Robbie Gail Charette can provide comprehensive legal services.  Whether your case is settled in mediation, via collaborative law or we go to trial, Robbie Gail has the education, experience, and skill to guide you through this stressful time.   Additional information provided by the State Bar of Texas is located in the publications What to Expect in Texas Family Law Court and Kids in the Crossfire.

In Texas, courts must make custody decisions with the best interest of the children in mind.  The courts are committed to seeing that children maintain a relationship with both parents.  Unless there is a compelling argument against it, most courts will likely award joint custody of the children, although one parent is given the right to establish the primary residence.  This means that both parents remain involved in making decisions and raising the children.

In divorce and child custody cases, the court determines each parent’s financial status and sets the responsibility to pay child support according to comprehensive guidelines within the statutes.  Remember although your family life may be changing, both parents retain moral obligations to support their children financially.  To estimate child support in your case, see the child support calculator offered by the Attorney General of Texas.

Texas adopted the Uniform Parentage Act in 2001 to promote uniformity of law among the states that enact the Uniform Parentage Act.  An interesting provision of this law is that the same provisions apply to the determination of paternity and to the determination of maternity.   Depending on the facts and circumstances of each case, Robbie Gail can assist in the efficient determination to claim your rights as a parent.  Establishing paternity or maternity is not the same thing as adoption.  Generally, when a man is married to a woman who gives birth, his paternity is not be questioned.  Generally, when a woman gives birth, her maternity is not questioned.  However, your circumstances might be different.  Your rights as a parent may not automatically be established unless you take specific actions within a certain time frame which is usually very short.

Texas adopted the Uniform Parentage Act in 2001 to promote uniformity of law among the states that enact the Uniform Parentage Act.  An interesting provision of this law is that the same provisions apply to the determination of paternity and to the determination of maternity.   Depending on the facts and circumstances of each case, Robbie Gail can assist in the efficient determination to claim your rights as a parent.  Establishing paternity or maternity is not the same thing as adoption.  Generally, when a man is married to a woman who gives birth, his paternity is not be questioned.  Generally, when a woman gives birth, her maternity is not questioned.  However, your circumstances might be different.  Your rights as a parent may not automatically be established unless you take specific actions within a certain time frame which is usually very short.

Mediation, generally required by the family court, is a confidential process to help parties resolve their differences without the necessity of court intervention.  Mediation allows the parties to craft their own agreement to fit their personal facts and circumstances with the help of a neutral third party mediator.  Rather than surrender control to the court, parties control the final outcome.  Robbie Gail Charette is an experienced and certified mediator with specific training with High conflict Families and Children’s Protective Service cases.  Our office is set up for quiet and productive mediations, with separate conference rooms for each party in a comfortable environment.  The American Bar Association offers answers in its brochure, Preparing for Family Mediation.

CPS is a part of the Texas Department of Family and Protective Services (DFPS) established to make certain children are safe at all times. There are many parties involved in CPS litigation.  Unless the government seeks to terminate parental rights, none of the attorneys or government representatives advocate for the parent’s rights.  Timing of these cases is critical, so it is imperative that a parent who is involved in a CPS proceeding not delay in seeking an attorney of their own.  It is imperative that a parent hire an attorney familiar with the unique proceedings in CPS cases.   CPS should never give legal advice to the clients involved in the CPS case.  Some questions may be answered by Texas DFPS A Parent’s Guide to CPS Investigations or the State Bar of Texas What You Should Know About Your Child Abuse, Neglect, or CPS Case.

Domestic violence can include many types of abuse including spousal abuse and other types of family abuse or dating abuse.  Domestic violence can also include emotional abuse as well as physical abuse. A technical definition of domestic violence is the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated by one intimate partner against another. Surprisingly, the perpetrator is not always a man.  Statistics say that 1 in 3 women and 1 in 4 men in the United States have experienced some form of physical violence by an intimate partner.  It is critical to know that the most dangerous time for a victim is just before or after escaping the abuser.  72% of all murder-suicides involved an intimate partner; 94% of the victims of these crimes are female

Safety Alert:  Computer use can be monitored and is impossible to completely clear.  If you are afraid your Internet and/or computer usage might be monitored, please use a safer computer, call 800-799-SAFE(7233) or TTY 1-800-787-3224.

Focusing Families Crisis Center

Focusing Families Crisis Center is a non-profit organization committed to strengthening individuals, families and communities through education, prevention and intervention to eliminate Family Violence, Sexual Assault, and other crisis issues.

Crisis Center: (979) 826-3290

Fax: (979) 826-0332

Toll Free Hotline: (877) BE SAFE-9 (1-877-237-2339)

Brenham Office: (979) 826-3290

Email: focusing_families@yahoo.com

Teen Dating Violence Pamphlet

TYLA Protective Order Pamphlet

APS is a part of the Texas Department of Family and Protective Services (DFPS) established to make certain people age 65 or older; or age 18 to 65 who have disabilities are safe at all times.  Texas law authorizes the agency to investigate the abuse, neglect, and exploitation of an elderly or disabled person and to provide protective services to that person.

Guardianship is the legal process in which a judge appoints a guardian to make personal decisions or financial decisions for one who is no longer capable of caring for him or herself.  In Texas, there are two types of guardianships, Guardian of the Person and Guardian of the Estate.  One important note is that the guardian or guardians must always answer to the Court.  The Guardian of the Person will make decisions regarding the place the Ward lives, the people the Ward associates with, and often medical decisions, too.  The Guardian of the Estate will be responsible for the finances of the individual, investing, budgeting, spending, paying taxes and reporting to the Court.

One of the most common types of guardianships we see is when a young person who has serious disabilities reaches the age of 18.  Parents may have cared for their special needs child all their lives, but when the child is legally emancipated or grown up, the parent no longer has the legal right to make decisions.  The second common type of guardianship is when an older person is no longer able to accomplish the activities of daily living.  Decisions to pursue a guardianship must be made very carefully and with full information because, for all practical purposes, a court-ordered guardianship denies an incapacitated individual the power to make basic life decisions.

TYLA Guardianship Guide

TYLA Guide to Supporting Special Kids with Special Needs

We can help you create an estate plan that will effectively outline your wishes and goals for your future, your loved ones, and your property.  Most estate-planning packages include a Last Will & Testament, a Statutory Durable Power of Attorney, a Medical Power of Attorney, a Directive to Physicians, a Declaration of Guardian in case the need arises, a Designation of Agent for Disposition of Remains, and a HIPAA Release.

Many parents include plans for a guardian to care for their minor children as an integral component to an estate plan.  By putting arrangements in place ahead of time that name a guardian for their children, parents enjoy the peace of mind that no matter what happens, their children will have a home and guardian that they have approved.

Probate is the legal process whereby a will is “proved” in a court and accepted as a valid public document that is the true last testament of the deceased.  People talk about avoiding probate or that it is expensive.  But the truth is that uncontested Texas probate is relatively simple and inexpensive with a valid Texas will.  As with any legal proceeding, there are technical aspects that must be dealt with.

The first duty of the probate court is to determine whether the decedent left a valid will.  The person in possession of a decedent’s will must deliver it to the clerk of the court that has jurisdiction of the estate.  If the decedent did not leave a will or if the probate court determines the will is invalid, the probate court applies Texas laws of intestacy to divide the estate.

This post-death transfer of property may involve an independent administration, dependent administration, muniment of title, determination of heirship, or small estate affidavit.