San Antonio Texas Law Blog

Dallas is about to get tough on violent crime

Dallas has a crime problem -- and Governor Greg Abbott isn't going to let it continue.

The spike in violent crimes in the Texas city has already attracted a lot of press attention -- partially due to comments by the city's police chief about people who have been released from prison and "forced to commit violent crimes." She has since clarified her comments in a public meeting, saying that she was not excusing the violent acts of criminals. She was, in essence, saying that not enough was being done to prevent people from returning to a life of crime once they'd already been imprisoned.

Do I need to have a certain reason to get divorced in Texas?

With divorce as common as it is, many people have begun to believe that it is easy to get a divorce. Some people are surprised to learn that Texas courts require a spouse to prove that a legally valid reason for divorce exists before a divorce can be granted.

If you are thinking about filing for divorce, it can be advantageous to consider which legally valid reason, called a ground, applies to your situation. If no ground applies to your situation, you may not be eligible for divorce.

Do co-parents need to have the same rules in both houses?

One of the biggest challenges of co-parenting after divorce is maintaining consistent rules and expectations across two households. You and your co-parent may have had different parenting styles when you were together. However, it's easier to maintain consistency when everyone's in the same home.

The parent who has custody of the kids the majority of the time is likely to have more and stricter rules for them than their co-parent who may only see them on weekends and holidays. The parent who spends less time with the kids may be more likely to let them stay up late (particularly on nonschool nights), order in food rather than cook and leave the tidying up to the housekeeper. One parent may also be more permissive because they're vying to be the favorite.

Separation anxiety isn't uncommon when kids move between homes

When parents divorce, it's not uncommon for their children to regress and start displaying behaviors they'd outgrown. Separation anxiety can be one of these behaviors.

Your child may have already had some sleepovers with friends or weekend trips with their soccer team or scout troop, so you know they're able to be away from you without experiencing undue fear or stress. However, when it comes time to spend the night or the weekend with their other parent, they display disturbing signs of separation anxiety. They may cry, lash out in anger or simply refuse to go.

What rights do incarcerated people have?

If a loved one has been charged with committing a violent crime, they may have to be incarcerated while they await trial. If they make a plea deal or are found guilty, they may spend months or even years behind bars.

Many people think that incarcerated people have few, if any, rights. Certainly, many TV shows and movies portray prisons as places where inmates are at the mercy of guards and gangs. In fact, inmates have a number of rights. Among them are the right to:

  • Humane conditions and facilities: People awaiting trial are to be kept in humane facilities. All inmates have a right to freedom from "cruel and unusual" punishment under the U.S. Constitution.
  • Protections under the Americans with Disabilities Act (ADA)
  • Freedom from sexual crimes (including sexual harassment): Prisoners are entitled to protections under the Prison Rape Elimination Act.
  • Freedom from racial segregation: There may be exceptions if it's deemed necessary for purposes of security or discipline to separate inmates of different races.
  • Medical and mental health care (and the right to a hearing before being transferred to a mental health facility
  • Express complaints about their conditions.

Go slowly when introducing your kids to your new partner

Many divorced parents spend more time with their kids in the summer than during the school year -- particularly if they live some distance away and/or don't have primary custody of them. If you have a new significant other in your life, it may be difficult to keep that relationship from them -- and you may not want to. You love this person, and you're sure your kids will, too.

However, it's essential to go slowly when introducing your kids to your new partner. Talk to your co-parent first. It's typically not a good idea if they learn about this person from your children rather than you. Your co-parent may have some thoughts (or requirements) regarding how much this person can be around the kids and under what circumstances.

Understanding the basics of child custody in Texas

If you are a parent who has recently begun the divorce process, it is important to familiarize yourself with the two types of conservatorship, sometimes known as child custody, available to you in Texas. The two types of conservatorship include joint managing conservatorship (JMC) and sole managing conservatorship (SMC). 

San Antonio police arrest man for credit card skimming

Law enforcement agencies take credit card skimming seriously. This is a form of credit card theft that involves stealing another person's credit card information by placing a small device -- a skimmer -- on a credit/debit card reader. Most people outside of law enforcement can't spot a skimmer.

Once a skimmer is in place, when someone inserts or swipes their card, the information in the card's magnetic stripe is saved. It can then be used to create a counterfeit card or to make online purchases.

Will Texas’ strict marijuana laws see changes?

In recent years, several states have legalized recreational possession of marijuana. However, Texas seems unlikely to be joining this list in the near future. State law is currently very strict when it comes to this drug.

For one, being found guilty of possessing even small amounts of marijuana in the state can expose a person to jail time and significant fines. This underscores how deeply life-altering being accused of marijuana crimes can currently be in Texas.

What are the rules for a post-divorce relocation with your child?

If you are divorced and have a child custody agreement, what happens when you or your ex-spouse decide to move out of state with the child?

This is a difficult situation rife with emotion, concern for the wellbeing of your child and a threat to the custody schedule.

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Brown and Brown Law Offices
222 Main Plaza E
San Antonio, TX 78205

Phone: 210-742-2503
Phone: 210-227-5103
Phone: 210-354-2662
Fax: 210-354-2602
SAN ANTONIO CRIMINAL DEFENSE AND FAMILY LAW OFFICE