San Antonio Texas Law Blog

Is there ever a reason to ask for sole custody?

Texas uses the term "conservator" to describe the parent(s) in charge of managing a child's care and making decisions about where the child will live, but the state operates much like other states when it comes to allocating those responsibilities. Ideally, the state usually prefers to have both parents involved in a child's care as much as possible.

Is there ever a reason, then, for the court to give one parent sole conservatorship? Is there a good reason for a parent to ask?

What's intoxication assault in Texas?

You were out, having fun, and you had a few drinks. You figured you were fine to drive, however, because you didn't particularly feel drunk.

You weren't actually fine, however, and someone got badly hurt. Now, you're facing charges of "intoxication assault."

What is a 'criminal defense strategy'?

You're probably thinking, "What kind of strategy can a criminal defendant actually have? Either you're guilty or you're not, right?"

Not exactly. Under the American legal system, you're innocent until proven guilty -- which places a substantial burden on the prosecution. It's always wise to remember that cases sometimes aren't so much about what happened as they may be about "what the prosecution can prove."

How do you prepare for a divorce?

You know a split is coming -- you just aren't sure who is going to make the first move. Maybe your spouse will walk out in a week or two, or maybe you'll find your way to a divorce attorney's office first.

Either way, it's time to get prepared. That means taking a good look at your financial documents and getting things in order. Many divorcing couples could avoid a lot of unpleasantness by taking stock of their household assets and financial concerns before they start making plans for the future -- or demands in the divorce.

Do you anticipate having to fight for custody of your kids?

When you got married, you may never have anticipated ending up in a situation that would involve having to fight for your kids. However, your marriage did not turn out as happily as you had hoped, and though you, your spouse and your kids were happy for a time, the marital relationship began to see significant issues that led to the need for divorce.

Though you consider yourself a good parent, you may anticipate facing a difficult child custody ordeal during your divorce. If your soon-to-be ex intends to take a revenge approach to divorce, you may already know that he or she will attempt to use the kids against you.

What are some examples of tax evasion?

The Internal Revenue Service (IRS) doesn't consider every failure to pay the correct taxes an act of fraud. Plenty of people make mistakes on their tax returns simply because they don't fully understand them. Others are simply poor bookkeepers. Some rely heavily on the person they hire to prepare their returns for them and never have a clue that the taxes aren't being properly paid until the IRS comes calling.

So, what exactly is tax evasion?

Can you move out of Texas with your child following divorce?

When you're going through a divorce, you automatically have to reassess your plans and goals. It's time to let go of the picture you had of your future while married and embrace a different one.

For many people, that means relocating. Maybe you want to go back to your hometown. Maybe you want to move somewhere to get a better education or a different job. There are a dozen different reasons you may want to move away from your current location, but that can be a complicated prospect if you share a child with your soon-to-be ex.

3 reasons eyewitness testimony is unreliable

Police and prosecutors alike love eyewitness testimony. If someone says they saw you commit a crime, you can bet that authorities are going to train all of their attention on you -- maybe to the exclusion of any other evidence that doesn't fit with that witness's statements.

Here's the thing: Eyewitnesses are notoriously unreliable. Here are three reasons eyewitness testimony isn't all that reliable:

Is your spouse playing dirty during your divorce?

Not every divorce can be the mutual, amicable parting many struggling couples hope for. Those spouses who opt for calmer methods of divorce, such as mediation, may still find there are topics that raise their ire or bring out the worst in their partners. Ideally, even in a litigated divorce, both sides can remain civil as they fight for what they want.

You cannot always guarantee this will be the case. You may think you know your spouse well, but when a marriage begins to fall apart, it is not easy to predict how one spouse may react if he or she feels wronged or blindsided. For this reason, you will want to be alert for any of the common ways an embittered spouse may try to retaliate during the divorce process.

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Brown and Brown Law Offices
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