family law in kaufman county

Will My Child Appear at a CPS Hearing?

December 15, 2016 | by Robert Guest

The Texas Family Code requires that a child in the conservatorship of DFPS attend all permanency hearings. This section also requires that if the court determines it is in the best interest of the child, and the child is older than four, that the court must consult with the child in a developmentally appropriate manner regarding the permanency plan. However, Texas courts do not consistently require children to attend permanency hearings.

Why aren’t children attending the hearings?

The code has an exception that states that judges can make an individual determination that excuses a child from attending a specific hearing. Apparently, many judges are deciding that it is not necessary for the children to be at the hearings. Of course, issues with school attendance and actually getting children to court are factors that contribute to children not being able to attend permanency hearings, but options like video conferencing and the fact that a child attending court while in foster care is an excused absence should help to alleviate any of these problems.

What About the Children: Divorce Effects on Children and Assistance for Parents to Help Prevent Those Effects

October 27, 2011 | by Guest and Gray Law Firm

According to the U.S. Census Bureau, “in 2009, 14 states had divorce rates for men that were significantly above the U.S. average, ranging from 10.0 to 13.5 per 1,000” which included Texas.

Divorce is present throughout our state and it is a difficult and emotional process. But, it’s even more difficult when there are children involved. All parents worry about the choices they make and how those choices will effect their children. Divorce is no exception. And, parents have every right to worry–research indicates that the manner in which parents handle divorce can have a direct effect on children’s adjustments.

But, parents, don’t fret because there are healthy and helpful ways to deal with these effects and the divorce process. In fact, many family clients of attorneys are not only urged but also required to take parenting classes that focus on these issues–how is the divorce effecting your child, how can you talk to your child about the effects of divorce, how to manage the divorce process without placing the child in the middle of the parents, how to maintain the relationship you have with your children despite the changes in your lives, etc. One such class is called “For Kids’ Sake” and it is taught by a psychologist trained and educated in these particular fields.

Temporary Orders: What are They and Why do We Need a Hearing?

October 4, 2011 | by Guest and Gray Law Firm

Temporary Orders arise in several situations. In divorce cases, either you’ve recently filed for divorce or been served with a petition for divorce. In suits affecting the parent-child relationship, temporary orders can arise in the initial proceeding and in cases where you or your ex are seeking to modify the court’s final order because you’re seeking to get expanded visitation, change conservatorship, etc.

In order for temporary orders to be entered by a court, a party must first file a petition or motion for temporary orders and there must be a hearing. In family law, often this is the first hearing that the parties will attend in front of a judge and it might even be the last one if the final order is agreed upon and all that is necessary is a judge’s signature.

Temporary orders are an important stepping stone in family law cases because they serve several purposes while the case is actually pending such as specifying conservatorship, visitation with the children, ordering a party to make payments of child or spousal support as well as debts and interim attorney’s fees. The court can also order who has possession of what property while the case is pending and where the parties are to live. Also, the court can forecast what is to come in the case and set deadlines for the parties to meet. Often times, the final orders are contingent upon these deadlines.