Creating a Will is extremely important for individuals that have a sizable estate in the Dallas and DFW metroplex. Time and time again, individuals refuse to properly prepare for death and do not see the proper preparation of a legal and valid will as a necessity.  When you refuse to prepare a Will, then your entire estate will pass through the intestate process. Intestate rules apply if: (1) there is no will, (2) the will does not completely dispose of the entire estate, or (3) there is a pretermitted child/adopted child born after the will’s execution. In certain situations, a child bo ..read more

In the State of Texas there is one birth statistic that continues to rise: The Birth of Out of Wedlock Children! With dropping marriage rates and increasing non-married couples living together, the percentage of children being born out of wedlock is growing yearly. The Texas Out of Wedlock Childbirth rate of 2019 stands at 41.4%. How are the fathers of these children treated? Does a father have any rights to their children? In most states, the mother of a child has 100% of the custody rights until the paternity of the father is legally established.  How does a Texas father lega ..read more

The presumption of fatherhood in Texas is strong, and positively impacts a father’s claims upon his children. Without the presumption of fatherhood, a father would face significant barriers in asserting his rights. The presumption of fatherhood supports access, rights, and duties, allowing the father to assert his right to help raise his child as he deems fit. The presumption of fatherhood is determined in the Texas Family Code 160.204 and states that a man is presumed to be the father of a child regardless of genetic testing in the following circumstances: If the man is married to the mothe ..read more

There are times in life when unintentional pregnancy occurs in the context of fatherhood. There are times when an individual believes he is a father but in the distant future discovers that he is not the genetic father of the child. If a divorce results from this union the man that is not the genetic father of a child may not wish to pay child support for this child for up to 18 years. In these circumstances, a man may wish to terminate his parental responsibilities to the child to avoid paying child support on the child that is not his generically. Under the Texas Family Code 161.005, a fathe ..read more

Recently the news covering the custody battle between Bode Miller and his child’s biological mother Sarah McKenna became a 24-hour news cycle. According to court filings, Ms. McKenna while still pregnant moved to New York from California to attend school. Approximately a month prior to Ms. McKenna’s departure from California, Mr. Miller filed a paternity and custody suit in California State Court. Two days after the child was born, Ms. McKenna filed a custody case in New York State Court. The New York family court decided that the Ms. McKenna had “fled” California with the child in utero; and ..read more

Now it is time for “fathers” or men who have been paying child support for children who are not their biological children to assert their rights. Texas new law, Texas SB785, permits men who have been ordered to pay child support, without genetic testing, to request genetic testing in order to determine whether they are the genetic parent of the child. But the clock is ticking. If you suspect that you are paying child support for a child who is not your biological child, you must file the petition before September 1, 2012. After September 1, 2012, a man must file a petition to determine genetic ..read more

Time is about up on the Amnesty Provision of the New Texas Mistaken Paternity Law: September 1, 2012! Think you are the “Father” before the birth of the child and would like to find out using a new procedure? Now you are in luck! A new blood test has just become available which can determine paternity as early as the eighth week of pregnancy without an invasive procedure that could potentially cause a miscarriage. This new test requires only blood samples from the pregnant woman and the potential father. The price of the prenatal testing is currently around $1500.00. What does Texas Family Cod ..read more

We hear a lot about dead-beat dads, or parents who do not pay their child support obligations.  Now it is time for “fathers” or men who have been paying child support for children who are not their biological children to assert their rights. Texas has a new law, Texas SB785, which permits men who have been ordered to pay child support, without genetic testing, to request genetic testing in order to determine whether they are the genetic parent of the child.  But the clock is ticking.   If you suspect that you are paying child support for a child who is not your biological c ..read more