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You are here: Home / Archives for Aaron Tress

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

March 8, 2013 by Aaron Tress

HBO Documentary “Don’t Divorce Me!: Kids’ Rules for Parents on Divorce”

Educational Resources for Divorcing Parents

Many good resources help educate parents on how to maintain relationships with their children during and after divorce. For example, I highly recommend Dr. Richard Warshak’s book Divorce Poison: How to Protect Your Family from Bad-mouthing and Brainwashing. Dr. Warshak gives great advice to those parents who find that their ex-spouse is trying to alienate their children from them.

Another outstanding educational resource recently entered the market. HBO released a new documentary, Don’t Divorce Me!: Kids’ Rules for Parents on Divorce. The viewer is shown the effects of divorce on children from the perspective of children. Over two dozen children from the ages of five to ten are interviewed in the documentary. The documentary seeks to impress upon the viewer that they not forget to consider the child’s perspective.

“I recommend that all my clients watch this short documentary. It will make an impact.” —Bill McNamara

 

 

Filed Under: Children, Divorce Tagged With: divorce, divorce and parenting, divorce and relationships, divorce resource, Don't Divorce Me!: Kids Rules for Parents on Divorce, HBO documentary, parents resource

March 1, 2013 by Aaron Tress

Summer Visitation

How does the noncustodial parent choose which days during the summer to spend with the children?

During the Summer months, parents may adopt creative ways to share time with their children. For example, a father is entitled to designate when to use his 30 days of possession during the summer as long as he gives written notice to the mother by April 1. If the mother, in turn, files written notice to the father by April 15, the mother is entitled to one weekend with the children during the father’s summer possession period.

The above summer notifications may look something like this.

What if the noncustodial parent does not give written notice?

If the noncustodial parent does not give written notice, the Texas Family Code defaults to the month of July.

Filed Under: Children, Custody Tagged With: child possession forms, Section 153.312, summer child possession, weekend child possession

January 18, 2013 by Aaron Tress

Parent Locator Service

Q: What if I want child support but don’t know the whereabouts of the other parent?

Q: What if I want visitation but don’t know where my ex-spouse took my child?

A: Sometimes, when trying to establish paternity, establish or enforce child support, or enforce visitation, a person does not know the whereabouts of the other parent. Because the other parent has a legal right to participate in the legal process, a person must make a good faith effort to serve the other parent. For this reason, the Texas Attorney General offers a parent locator service. The service provides a person with the missing parent’s possible locations. A person can then serve the other parent at all the possible locations.

Q: What do I do to receive the possible locations of the other parent?

A: If you satisfy the minimum requirements, fill out this pdf and send the completed form to the address included on the form.

Filed Under: Children Tagged With: child support paternity, don't know where my ex is, establish child support, establish paternity, missing spouse, parent finder, Parent Locator, parent search, search for father

January 18, 2013 by Aaron Tress

Amarillo Court of Appeals enforces Alabama child support order under UIFSA

In re T.B., 07-10-00377-CV, 2012 WL 751950 (Tex. App.–Amarillo Mar. 8, 2012, pet. denied)

This was a case I recently handled at the trial level. This case involves the Attorney General’s enforcement of an Alabama child support order under UIFSA. This case arose under Chapter 159 subchapter G of the Family Code.

I successfully contested the registration before the associate judge and the referring court. I relied on section 159.607(a)(1) for my argument. The Texas trial court found that Alabama did not have personal jurisdiction over Quackenbush to order child support.

The Attorney General appealed this decision to the Amarillo Court of Appeals and successfully argued that the Full Faith and Credit Clause from the United States Constitution required Texas to accept the Alabama ruling. The Amarillo Court reasoned that even though the Alabama trial court cited erroneous facts to give itself jurisdiction over Quackenbush, he should have appealed the ruling in Alabama rather than relitigate this issue during registration proceedings in Texas. Alabama’s finding of jurisdiction stood, and the enforcement order received full faith and credit.

The Texas Tech Law School family law clinic handled the appeal, and they did and excellent job.

“Quackenbush may have been successful on appeal had he ignored Alabama completely. The lesson learned is that once a party appears in a foreign state, he better litigate all the way through the appellate courts.” —Bill McNamara

“If you’re handling a child support case involving a court order from another state, be sure to review Chapter 159 subchapter G of the Family Code.” —Bill McNamara

Filed Under: Amarillo Appellate Decisions Tagged With: 2012 WL 751950, In re T.B., Interstate child support, Texas Family Code 159.607, UIFSA

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McNamara Law
2108 Broadway St
Lubbock, TX 79401
Phone: (806) 747-8989
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What Clients Say

  • We will be eternally grateful to Bill and his team for helping in the adoption of three of our children. Our case was complicated, and we were given Bill’s name because of his extensive trial experience and his specialty in family law. This advice proved itself invaluable. We have a large circle of friends in Lubbock that have adopted as well. Bill’s knowledge of the particulars of family law made our trial, and subsequent result, unparalleled to those of anyone we know. Even something as simple as writing an advantageous adoption agreement, produced strikingly better results than our friends experienced with other attorneys. Because of the excellent and diligent work that was done prior to and during the hearing, we have not had to incur any further charges by hiring more legal representation afterward–which has become increasingly common in stateside adoptions. Emily 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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