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You are here: Home / Archives for 2013

Archives for 2013

June 3, 2013 by Aaron Tress

Jury Seating Chart Form

Lubbock County voir dire seating chart.

Check it out. If your courtroom has a similar seating arraignment, this form may work in your upcoming jury trial. Good Luck!

Filed Under: Custody, Divorce Tagged With: jury selection chart, voir dire chart

May 17, 2013 by Aaron Tress

Standard Possession Order

Important reading on possession and visitation is the Texas Family Code Chapter 153. Chapter 153 Subchapter F discusses the standard possession order. To understand Subchapter F, one may wish to review Subchapters A and C for concepts such as conservatorship, sole and joint custody, and right to designate the primary residence of the child.

When does the standard possession order apply?

The standard possession order applies in most cases. However, there are times when the standard possession order does not apply. For instance, in lieu of a standard possession order parents may negotiate their own parenting plan. To be enforceable, the parenting plan must be in writing and a court must find the parenting plan to be in the child’s best interest. Also, the standard possession order does not apply to children under the age of three.

Example Standard Possession Order

Here is a model Standard Possession Order. In practice, the standard possession order is not found alone but makes up a part of the divorce decree.

Generally, the non-custodial parent will not receive less visitation than the amount set out in the standard possession order. The standard possession order sets out the specifics on how a divorced couple is to deal with summer visitation, holidays, and how to proceed when the non-custodial parent lives less than or more than 100 miles away.

Filed Under: Children, Custody, Divorce Tagged With: child custody lawyers, Lubbock, standard possession order, Texas

April 5, 2013 by Aaron Tress

Keeping Up With Your Child’s Schooling During and After Divorce

Lubbock Independent School District App for iPhone and Android

Couples going through a divorce may wish to download the new Lubbock schools app on their phone. Divorcing couples often have a difficult time communicating. A new phone app by the Lubbock school district can now keep you up to date with your child’s schooling without having to go through the other spouse. The app lists upcoming school events, your student’s grades, and even email contacts for your student’s teachers.

Filed Under: Children, Divorce Tagged With: android, app, child, divorce, iphone, Lubbock Independent School District, school

March 22, 2013 by Aaron Tress

Process Servers

What are Process Servers?

The United States Constitution grants Americans the right to be notified when the government summons them. As populations expanded, Sheriffs did not have time to “serve” papers and fulfill their other responsibilities. The need for process servers arose.

Process Servers in Lubbock

One can find a handful of process services in Lubbock. I use licensed process server Ken Herzog. In addition to serving papers, Ken is a people finder. Finding people can be important in family law–for example, when the whereabouts of the other spouse or parent are unknown. Ken is affordable, reliable, and he gets the job done. If you wish to contact him, his number is (806) 777-6693.

Filed Under: Children, Divorce, Marriage Tagged With: Lubbock, process server, Texas, what is a process server

March 22, 2013 by Aaron Tress

Texas Collaborative Law

Collaborative Law History

Texas Divorce Attorneys, Mental Health Professionals, & Financial PlannersOne alternative to traditional, court litigated divorces is collaborative law. Collaborative law was invented in 1990 in Minnesota in an effort to find less destructive methods of divorce. Texas adopted collaborative law in 2000. The Texas Family Code states “It is the policy of this state to encourage the peaceable resolution of disputes.”

Divorcing parties should consider the possibility of collaborative law. Collaborative law divorces offer many benefits that traditional divorces don’t.

Collaborative Law Pros

First, divorcing parties in traditional divorce proceedings are subject to a judge’s ruling. To persuade the judge to rule in their favor, both parties paint the opposing party in the least favorable light. Not only is this system highly confrontational, neither party can directly determine the outcome. Collaborative law, on the other hand, allows the divorcing parties to negotiate their outcome. This method focuses on the interests of both parties and does so in a less adversarial fashion.

Second, traditional divorce proceedings aren’t concerned with the parties’ financial and emotional needs. Besides hiring attorneys, collaborative law encourages the involvement of neutral financial and mental health professionals.

Third, collaborative law keeps couples out of court. This means that information is more private and scheduling meetings is more flexible.

Fourth, collaborative divorces can be less expensive.

Collaborative Law Cons

First, if the collaborative process fails then both divorcing parties must hire new attorneys. The collaborative process fails when an attorney fires a client, when a client fires an attorney, or when one party abandons collaborative divorce for a litigated divorce.

Second, collaborative law is not appropriate in cases of domestic violence, mental illness, or substance abuse.

The Collaborative Law Institute of Texas

The Collaborative Law Institute of Texas is the premier association of professionals who advocate the practice of collaborative law. The mission of the Institute is to “create a culture in which collaborative law is the prevailing process for the resolution of family law matters.” Their website seeks to educate the public about the benefits of collaborative law, and provides names of local legal, financial, and mental health professionals who practice collaborative law. Bill McNamara is a member of the Collaborative Law Institute of Texas.

One excellent collaborative law mental health professional in Lubbock is Ray Holt Brown, PhD PsyD.

Filed Under: Divorce Tagged With: collaborative family law, Collaborative Law, Collaborative Law Institute of Texas, divorce, Lubbock, mediation, Texas

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McNamara Law
2108 Broadway St
Lubbock, TX 79401
Phone: (806) 747-8989
Fax: (806) 722-2553

What Clients Say

  • Bill McNamara is the best Family Law Attorney in the State of Texas. He is a specialist in the field of family law, and has a very polished approach in the courtroom. Mr. McNamara understands the preferences, tolerances, and overall demeanor of each judge in the area presiding over Family Court matters. He understands the bullet points to hit when presenting a case in any scenario that may arise. Having a polished professional on my side in a case which the livelihood of my children is involved is very important to me. I have been through one divorce. Mr. McNamara has been through hundreds, if not thousands. He uses this experience to assist you in achieving your goals. Family Law issues are never easy for the parties involved, regardless of the outcome. Bill McNamara will always act in your best interest, and mitigate some of the pains associated with a divorce, adoption, custody battle, you name it. I would not use another Family Law practitioner in the state of Texas. Period. Review on Google

Family Law Blog

  • Sample Voir Dire Questions and Sample Jury Charge – Custody August 6, 2014
  • The Marital Estate: Community Debts May 2, 2014
  • Divorce Myth: Courts Often Do Not Divide Property 50/50 March 28, 2014
  • Special Appearances: Personal Jurisdiction in Divorce March 7, 2014

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  • Lubbock County Judiciary
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  • The Collaborative Law Institute of Texas

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