San Antonio Injury Attorney Blog

In San Antonio and Bexar County, even an uncontested divorce must deal with potentially thorny children's issues, known more commonly as the SAPCR (Suit Affecting the Parent-Child Relationship). The following paragraphs discuss some basic legal concepts regarding children in an uncontested divorce which can be handled by an experienced Bexar County and San Antonio divorce attorney .

Under Texas Family Code, Chapter 153 , parties may enter into a written mutual parenting plan which covers conservatorship, possession, and modification. Under Texas law, the parent-child relationship refers to the legal relationship between the parents and the child. Parents have many rights and duties under the Family Code including a right to physical possession of the child, a duty to support and discipline the child, a duty to manage the estate of the child, a right to represent the child in a legal action, and right to make decisions concerning the child's education.

In Bexar County courts , both the father and mother are each named as conservators, with one parent usually named as the managing conservator. However, the courts presume that appointment of both parents as joint managing conservators is in the best interest of the child. Even in a joint managing conservatorship (JMC), one conservator is given the exclusive right to determine the primary residence of the child with geographic restrictions. A child 12 years of age or older can file a written statement with the Bexar County divorce court , expressing their preference for the parent with the exclusive right to determine residence.

In certain situations, the courts will find it impossible to create a JMC, and they will resort to appointing one parent as the sole managing conservator and one parent as the possessory conservator. This division occurs if for example, one of the parents has been absent from the child's life for a long period of time, there has been abuse and neglect, or the parents have a history of violent conflict. As you can imagine, the sole managing conservator will have additional rights above the possessory conservator, including the right to designate the primary residence and right to receive child support payments.

An important concept all divorcing parents in San Antonio must deal with is child support and medical support. The Texas Family Code sets out a specific formula for the determination of child support. Once the gross income of the non-custodial parent has been determined, then deduct social security taxes, federal income taxes utilizing the tax rate for a single person claiming one personal exemption and the standard deduction, state income tax (usually not applicable in Texas), union dues, and costs of health insurance or cash medical support for the child paid by the noncustodial parent. Once you have a number, then charts in the Texas Family Code can be used to determine the percentage of the net resources up to a maximum amount of $7500. Child support is mandated until the child reaches 18 or matriculates from high school (whichever comes later), or the child becomes emancipated, or the child does, or by some order of the Bexar County court. Child support can be revised every three (3) years if the amount of support would increase or decrease by 20% or $100. Under the Texas Family Code, however, modification of child support can occur after one year if circumstances have materially changed. For assistance with child support issues, consult a San Antonio Divorce and Child Support lawyer .

Many parents who do not want to pay the required child support think they can avoid the obligation by stopping work. However, a skilled Bexar County divorce attorney can submit a claim showing that the individual's actual income is less than what could be earned due to intentional unemployment or underemployment. Bexar County and greater San Antonio courts are now requiring an executed Employer's Order to Withhold at the time of finalization of the divorce decree. The Employer's Order to Withhold is a court-approved order to the employer to withhold a certain amount from each pay check and send it to the child support disbursement unit in San Antonio.

With respect to medical support, the courts presume that the parent responsible for child support, will also assume the responsibility of providing the child's health insurance. In cases where the parent does not have the health insurance available, the other parent's insurance may be utilized and the responsible parent must reimburse these costs to the providing parent. Where there are cases involving a SAPCR or child support, Bexar County Family Law Courts must issue medical support orders, which can be enforced just as child support. The wage withholding order can also cover medical support. Any uninsured expenses are usually split between the parents.

With respect to possession, the Texas Family Code sets forth a Standard Possession Order (SPO), which creates a guide for visitation by the possessory conservator or outlines a time of possession for a joint managing conservator who does not have the exclusive right to designate the primary residence of the child. SPOs are generally applicable to children three years or older. There are two (2) schedules in an SPO depending on whether the parents reside 100 miles or more apart. For parents within 100 miles, the SPO incorporates a weekday possession during the school year and 30 days in the summer. For the over 100 mile situation, the weekday possession is omitted, and 42 days are given in the summer. Some parents are able to agree to a possession arrangement outside the SPO, including alternating possession of the children through a week on, week off schedule. Some parents agree to split custody where one or more children live with a parent, and the remaining children reside with the other parent. Bexar County Family law judges are not likely to approve of split custody arrangements unless there are teenage children who express a clear preference for their residence.

Inevitably as time passes, SAPCR orders may have to be modified. A Texas family law attorney can file a motion to modify with the court that signed the last order - that court maintains continuing, exclusive jurisdiction. If the child has moved since the last order, an attorney can also file a motion to transfer venue with the petition for modification. For assistance with custody arrangements and SPO, contact a San Antonio divorce attorney .

One of the most potentially divisive areas in divorce is the division of the marital property . It should be noted that a marriage relationship under Texas creates three (3) different types of property. The first type of estate is the community property which includes the property owned and the debts owed by both parties. The other two types of property are the separate property owned and debts owed by the husband and wife, known as the separate estates.

Under the Texas Family Code , courts in Bexar County and greater San Antonio operate under the assumption that any property acquired during the marriage is community property. However, the label of community property does not apply to spousal property acquired before the marriage or property acquired by the spouse by gift or inheritance or recovery for personal injuries. Often in a marriage, there will be an intermingling between the marital community property and separate property of each spouse. For example, an economic contribution claim can occur where the principal on the debt of a separate property is paid through community property income. A San Antonio divorce lawyer can calculate potential economic contribution claims based on the type of assets involved and specific formulas through the Texas Family Code. If a spouse contributes time and effort to paying off the principal on the separate property of another estate, a reimbursement claim can arise as well. Economic contribution and reimbursement claims can be placed as liens or judgments on separate property.

There is a common misperception that in Texas, community property is automatically divided equally between the parties, i.e. Texas is a 50/50 state. This perception is not necessarily true. Bexar County courts for example take into account various factors including the fault of the parties in divorce, earning capacity, and the amount of separate property.

There are various ways to deal with community property especially in an uncontested divorce. There are various arrangements that can be worked out with a home with equity and a mortgage. The parties can also work out joint credit card debt and cars financed in both names. Be very careful if you believe your ex-spouse will be paying a debt. Creditors are not bound by the terms of a divorce decree and can try to collect the debt from either party, regardless of the individual awarded the debt in the decree. There are much better alternatives than simply trusting an ex to assume the debt. Transfer the credit card debt to another card and / or refinance the cars.

In an uncontested San Antonio or Bexar County divorce, the attorney can ethically represent only one party. In order to protect himself and you, a San Antonio divorce lawyer will have both spouses complete a sworn inventory and appraisement of their community and separate property assets. If it turns out that one of the spouses failed to disclose some asset or debt, the sworn appraisal will be helpful in demonstrating a spouse committed fraud in obtaining the divorce settlement.

Even in an uncontested divorce , an experienced San Antonio and Bexar County family and divorce attorney can be vital in ensuring a fair and equitable division of marital property.

Even an uncontested divorce can be an incredibly gut-wrenching experience. It pays to have an experienced San Antonio Texas family and divorce law attorney to handle even uncontested divorces. The following items discuss some basic principles in Texas divorce law.

In order to file for divorce in Bexar County, at least one spouse must have lived in the state for at least six (6) months before filing. For Bexar county, there is a ninety (90) day requirement for residence. Texas does permit the filing of a "no fault" divorce, although the parties can include other reasons including cruelty and adultery. The Bexar County District Clerk sets forth specific requirements for the petition and the filing fee.

Generally in an uncontested divorce, once the petition is filed, the Respondent (ie. the spouse answering the petition for divorce) will sign a waiver of citation after he has been provided a file marked copy of the petition. Generally, the Respondent should file an answer to the petition before the Monday following twenty (20) days after service of the petition. Even if an answer is not filed, a default divorce can be overturned in San Antonio where the Respondent is not given notice of a final hearing.

There is a waiting period of at least sixty (60) days after the petition is filed. During the waiting period, either party can request temporary orders which cover a wide variety of topics including spousal support and visitation and child support. Discovery can be sent by a family divorce lawyer to determine the community estate and appraisers can be hired to determine the value of disputed assets like businesses and real estate.

The Texas Family Code outlines several options to negotiate settlement including mediation, arbitration, and collaborative law. For additional information, you can visit the Collaborative Law Institute of Texas. Note that settlement agreements reached in mediation are binding if there is no statement that the agreement is subject to revocation.

In a Texas uncontested divorce, provided the parties are in agreement, a Texas divorce attorney can assist in the drafting of an Agreed Final decree of Divorce, which will cover various aspects including the property awarded to each party, disposition of debts, children's issues, name changes, and tax agreements. Various Texas counties will also require an Employer's Order of Withholding at the time the divorce decree is entered to cover child support. Once the parties have signed off their approval on a decree of divorce, a San Antonio divorce lawyer can assist in the "prove up hearing". Once a Bexar County or other judge signs off on the decree , it will betaken to the District Clerk for entry. Either party has thirty (30) days to appeal the decision. They may not re-marry any other person until the thirty day period has passed - they can however remarry each other.

Although many people believe they can handle an uncontested divorce on their own an uncontested divorce should still be handled through an experienced attorney. Uncontested divorces can be easily mishandled without an attorney leading to greater headache and expense than if an attorney was brought in from the beginning.

Imagine that your child is severely burned when the fumes from an overturned gas can burst into flames. Why does this happen ? Could it be the flames of the nearby gas water heater ? Each year, this scenario plays out multiple times in San Antonio and throughout Texas and the United States. Believe it or not, these injuries are preventable and often enough, the water heater manufacturer, the gasoline can maker, and even the natural gas company may be held accountable for negligence. It is imperative to consult with a San Antonio and greater Texas personal injury attorney immediately in such cases.

Even more disturbing is the higher incidence of accidental explosions from gas leaks. Because natural gas is colorless and odorless, a chemical malodorant must be added so that a person can smell the gas. Equipment called "odorant pots" inject the malodorant into the distribution lines of the natural gas.

Generally, an investigation of accidents involving natural gas will turn up records that demonstrate improper maintenance of the odorant pots or no levels of malodorant in the pots. In addition, the odorant may not work properly due to oxidation in the lines, creating a potential case against the manufacturer of the odorant. Finally, a Texas natural gas supplier who regularly inspects an injured party's appliances and piping may be negligent for failing to detect potential leaks.

If you or a loved one has been the victim of a gasoline spill or natural gas explosion, you should contact a San Antonio and greater Texas personal injury lawyer immediately as these cases are complex and require rapid preservation of evidence.

In our last discussion, we reviewed Texas General and Special Warranty Deeds . Quit Claim Deeds transfer real estate from seller to buyer only if the seller has something tangible to transfer. The major key to a quit claim deed is that there is absolutely no promise by the seller that the seller owns the property or can transfer a tangible property. A quit claim deed does not warranty title - it simply transfers whatever interest the seller might have in the property, even if the seller has no interest. Quit claim deeds are accepted for title insurance purposes from Texas governmental authorities or municipalities.

While Texas quit claim deeds are generally frowned upon, they do have some value in clearing title to property. Sometimes, there are questions as to whether a person might have a claim to the property such as being an heir. In such situations, this individual may not have an interest and would not be willing to warranty title. Therefore, they would use a quit claim deed.

The county courts generally keep certified copies of all deeds. In some cases, Bexar County in San Antonio can provide digital online copies of deeds. In order to accept the deed for recording, certain items must be included in the deed. Such items include a confidentiality notice as to any social security number or driver's license number. Other specific information include the full name of the grantor and grantee, as well as the address of the grantee. The deed should also contain a legal description of the Texas property including the lot and block description.

A Granting Clause represents conveyance language for Texas property. The most critical words used by a San Antonio and greater Texas real estate attorney are "grant, sell, and convey" and these catch phrases are favored by the Texas courts. Other important aspects of the Deed include Consideration, Reservations from Conveyance (where the Grantor wishes to convey something less than full title), Restrictions Imposed on Property, Signatures, a Notary Acknowledgment, Permitted Exceptions, and a Return Address.

In some cases, Texas title can be transferred without a deed such as in a foreclosure, court action, condemnation, adverse possession, reversion, or tax forfeiture. There are both judicial and non-judicial foreclosures in Texas. The holder of a Deed of Trust can foreclose on a property without court intervention.

Given the potential complexity of deeds, it is imperative that you speak to a San Antonio and greater Texas real estate lawyer about the right deed for you. Good luck!

Throughout San Antonio and Texas, many people have to buy and sell real estate using a variety of deeds. While it certainly helps to have a Texas real estate lawyer , you should understand the various difference between the deeds so you are at optimal protection when buying property.

There are three basic types of deeds used to buy and sell Texas real estate - general warranty deed , special warranty deed, and quit claim deed. Today, we will discuss special and general warranty deeds.

Whether you are selling a home, commercial property, or just plain land in San Antonio, the purchaser will want you to provide assurances that you actually own the property and possess the legal right to sell it. The buyer will probably be getting a loan. The lender will request guarantees that you as the seller are providing complete title to the real property and that the lender can place a legally enforceable lien on the property.

Do not be fooled between the wording Special versus General Warranty Deed. You as the buyer want a General Warranty Deed. When the seller offers a General Warranty Deed, he or she is essentially promising two things. First, the seller is promising the buyer that he has not done anything to harm title to the property. Second, the seller is warranting that no one prior to the seller has done anything to harm clear title. If down the line, if the buyer finds out that there is not clear title, the seller is liable for any losses regardless of whether the seller had knowledge. The seller might be able to file claims against prior sellers if he had a general warranty deed with them.

Under a Special Warranty Deed, all the seller is telling the buyer is that he has not done anything to harm title to the property. However, the seller is not giving the buyer a warranty that other owners before him did not do anything to adversely affect title.

To illustrate, suppose the seller sells the Texas property to another purchaser before they sell it to you or the seller attaches a lien without informing you, then the seller has breached the warranty, because the seller adversely affected title. However, if someone other than the seller created a title defect, you as the buyer have no recourse against the seller under a Special Warranty Deed. The Special Warranty Deed is used mainly in Texas real estate commercial transactions .

You as the buyer should not rely on the title of a deed to determine if the deed is a general or special warranty deed. Read the deed carefully. If you believe you have been the victim of fraud in the purchase of property, you should file a complaint with the Texas Real Estate Commission (TREC).

Sometimes the type of deed is not consequential. For example, if either the seller provides title insurance or the buyer obtains title insurance, then the title company will protect you against problems with title. Should a defect arise with title, the insurance policy will reimburse the buyer for any losses.

For assistance with your San Antonio and Texas real estate transactions, contact a real estate attorney today!

As a growing number of Texans buy guns from gun shops and flea markets, Texas and the nation as a whole are seeing a rise in gun accident injuries . Product liability design defects contribute to a large number of deaths and tragic injuries each year.

Many people are unaware that gun manufacturers often cut corners by failing to provide safeguards against design defects and / or failing to adhere to quality control procedures. For example, the trigger mechanisms on the gun are often placed on the tip of a part known as a sear. It only takes a slight tolerance change during manufacturing to create a gun that will discharge from a slight jar without any trigger movement. Often, Texans report the weapon continues to fire until all ammunition has been discharged from the gun.

Another defect is demonstrated when someone drops the gun on its hammer (the hammer is cocked before firing). The drop of the weapon on its hammer will cause an uncocked hammer to move forward and cause the firing pin to strike the bullet casing , again causing a discharge of the weapon without a trigger pull.

Gun manufacturers are well aware of safeguards such as manufacturing the weapons with close tolerances and using a hammer block to prevent a gun firing without a trigger pull.

A recent phenomenon has been the use of SKS rifles which are now sold in the states. The SKS rifles were made in China for the benefit of the Russian and Chinese armies. The Chinese government recovered such weapons, and in doing so, it often switched out parts that had worn down or were not functioning. These altered weapons made their way into the United States and were sold as new weapons. Unfortunately, because the parts of the SKS rifles were built to certain specifications and were not interchangeable in tolerances, such SKS rifles are extremely prone to fire when jarred with no trigger pull. When jarred, these SKS rifles will discharge like a machine gun until all the bullets have been exhausted.

If you have been the victim of a gun accident, there is a strong possibility the discharge was a result of a design defect and you should contact a San Antonio and greater Texas product liability lawyer immediately.

It is a parent's worst nightmare. You hear that your child entered the area of a swimming pool and sustained a serious injury like quadriplegia. As the weather heats up, swimming pool injuries and accidents rise in San Antonio and greater Texas.

Many Texas residents do not know that swimming pool injuries often occur due to the negligence of the swimming pool owner. For example, perhaps the owner fails to properly mark the depth of the pool. In some cases, the owner may have failed to install a gate to keep small children out of the area of the pool. What about temporary swimming pools which often lead to injury as well ? We often hear about people diving into pools where the water depth has not been properly labeled or where water depth is incorrectly tagged (i.e. the water depth is shallower than marked).

In addition, owners have to be wary of structures from where a person can dive into a swimming pool from a height that can cause paralysis or death. Negligence actions by an experienced San Antonio and greater Texas personal injury lawyer can help you achieve justice when a home owner does not safeguard their swimming pool.

As a Texas resident, you may have been the victim of what you considered false, misleading, and deceptive business and insurance practices. Perhaps a Texas company you were doing business with breached its warranty or committed an outrageous business practice.

What can you do? Luckily, Texas has enacted the Deceptive Trade Practices - Consumer Protection Act ("DTPA") which outlaws certain practices that deceive customers. If you believe you are the victim of a deceptive trade practice, it would behoove you to consult immediately with a San Antonio and greater Texas consumer fraud attorney .

The DTPA allows for both public enforcement and private civil resolution. The Texas Attorney General can seek a court order preventing the particularly deceptive practices, while you as an individual have a right to have your grievances addressed in a court of law.

What types of consumer transactions does the DTPA apply to ? The answer is a very broad spectrum of goods and services. "Goods" include tangible things or property that are purchased or leased for use would be covered, while "Services" include any type of work that your purchase or lease. The DTPA however does not apply to professional services involving advice such as for example a lawyer. (Darn!)

The DTPA often used the magic word "unconscionable" to describe particular actions. "Unconscionable" means an action that serves to take advantage of a consumer's lack of knowledge to a grossly unfair degree. Here are some typical actions that would be covered under the DTPA: a) an unnecessary $100 car repair; b) a homeowner buying a home in San Antonio or greater Texas ; c) a business buying a million dollar corporation; and d) buying a LEMON car. The DTPA can be used from the consumer sale to a large business transaction.

Consumer fraud is a form of economic personal injury and you should consult with a a San Antonio and greater Texas consumer fraud lawyer immediately if you believe you have been the victim of fraud. Chances are you are not alone!

What do President Abraham Lincoln and Texas billionaire Howard Hughes have in common ? If you guessed they died without a will, you would be right. Today, 60-75% of Texans die without a will, a legal concept called "dying intestate". Intestacy forces the real and personal property of a Texas resident to pass to individuals based on whom the Texas legislature believes should receive the decedent's estate upon death.

Why do Texas residents die intestate i.e. without a will ? One reason people think they do not need a Texas will is that they own very little property. Yet even if you own little property, you should employ a San Antonio and greater Texas wills and estates attorney to develop a simple will. If you have children, as the surviving parent, you can choose who will be the guardian, rather than leaving that decision to the court. In addition, even if you have a small estate now, at the the time of death, you may have a sizeable estate (ex. inheritance or lottery). In some cases, if you die as a result of someone's negligence, your estate could have a wrongful death action against a drunk driver or auto manufacturer.

There is no question that sometimes a will may require considerable time and effort, because you will need to gather information and documentation. You will also have to reveal personal information including such issues as children born out of wedlock, property assessments, medical conditions like cancer or AIDS, and family issues like marital problems.

We will explore issues of individual property distribution (unmarried intestate) and the distribution of community and separate property (married intestate) in future blog entries. In the meantime, consider consulting with a San Antonio or greater Texas estate planning lawyer to either draw up a will or update a will that may need to be modified if there has been a new event in your life.

The state of Texas has become notorious for a lack of construction safety. Recently, the Department of Labor announced increased enforcement of construction safety regulations in San Antonio Texas. An unacceptable 67 workers have died on the job in 2008, and another 33 died to date in 2009.

There are many types of Texas industrial accidents that occur needlessly, and they occur as a result of employer negligence and failure to implement safety measures. For example, cranes often tip over causing injuries. Crane injuries are often due to inadequate warnings about the load capacity of the crane and the altitude those loads can be lifted. Cranes possess devices that warn if a dangerous load could potentially cause a crane to tip over.

Forklift injuries in greater San Antonio are also common especially for the operators of stand up forklifts. The operator backs the forklift and is injured by materials that penetrate the position where the operator is standing or the operator's foot or leg is just outside the platform and the leg or foot is seriously crushed. Forklift manufacturers are easily able to install "falling object protection" devices that prevent forklift injuries.

There are numerous types of industrial equipment accidents that result in injuries or death which could be prevented through redesign and safeguards. A San Antonio and greater Texas personal injury attorney can determine such alternative designs and safeguard simply by reviewing the patents on the equipment.

In the last ten years, SUV rollovers have become a major problem in San Antonio and greater Texas. There are several factors that contribute to this tragic phenomenon in the states. For example, many manufacturers produce SUVs with an excessively high center of gravity. Sometimes, SUVs possess weak suspension systems or shock absorbers that are not located far enough outboard. The bottom line is that it is absolutely unacceptable when an SUV or any type of vehicle for that matter can roll over on a flat surface - manufacturing defects are absolutely present.

Imagine you or a loved one is properly seat belted and your vehicle rolls over. Now you are facing complete disability as a quadriplegic. A Texas personal injury serving Texas and San Antonio is needed to effectively prosecute these types of manufacturing defects.

One of the most glaring defects is a defectively designed roof. A roof is considered excessively crushed when the crush measures more than 4 inches. The most amazing thing is that these roofs actually meet Federal Motor Vehicle Safety Standards, which represent the baseline. However, the fact that these roofs meet the federal standards does not pre-empt a suit for personal injury damages.

The history of standards on vehicle roof crush standards is very ironic. When the roof crush is designed in such a way that it does not exceed four (4) inches, a seat belted individual (or even a non-seat belted individual) would not likely suffer rollover injury even when the vehicle exceeds ninety (90) miles per hour.

In fact, the now bankrupt General Motors (GM) at one time possessed the goal of manufacturing vehicles that would not roll over up to 65 mph. Yet the Federal Motor Vehicle Safety Standards were modified so that the Federal standard on the crush limit for roofs was greater than 4 inches. Thus, auto manufacturers like GM had little incentive to build SUVs with roofs that did not exceed roof crush limit of 4 inches.

With the rise in gas prices, the decrease in SUV sales, and the increasing emphasis on safety, one hopes the National Highway Traffic Safety Administration will lower the roof crush limit to a safe level. Recently the United States Department of Transportation (USDOT) has imposed much stricter roof standards, doubling the requirement for light vehicles weighing up to 6,000 pounds. Now, the roof protecting both the driver and passenger sides must be able to withstand a force equal to 3x the weight of the vehicle. For vehicles between 6,000 to 10,000 pounds, the roof has to be able to withstand a force equal to 1.5x the weight of the vehicle. See the USDOT news release.

These types of vehicle rollovers and roof crush are absolutely unacceptable, and a Rollover Personal Injury attorney can assist you with prosecuting this case with the right mix of investigators and experts.