KalishLawTexas' legal blog The Woodlands

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      26 Mar 2012

      Understanding Hague Adoption Law: Why it is so Important

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      We are often called on to consult with prospective adoptive parent(s) about potential foreign adoptions.   In some of these cases, the child is already known to the parent(s). The “known” child may be a relative or “friend of a friend”. 

      Stricter international adoption laws have been enacted in recent years, in order to prevent child abductions, selling of children and abuse of the system. These laws also prevent adoptions which are sought solely in order to circumvent other immigration laws.

      The Hague Convention on International Adoption is now law in many countries. The 'normal' procedure involves potential parents applying to adopt and waiting to be matched with a child, therefore it is much more difficult to adopt a “known” child.  There are “exceptions”, but these are often poorly defined and difficult to prove.   Therefore, a couple who wants to adopt a niece or nephew, or a child of a friend  may have a difficult (or impossible)  goal in mind (depending on the circumstances and the countries involved).

      The paragraphs above apply to "Hague Adoptions".  In the case of a U.S. parent seeking to adopt from a foreign country that has not ratified the Hague Convention, a different set of laws apply. Still other difficulties can arise. 

      Each adoption is different, and the facts of the case and the laws of the individual countries must be considered.   There is not one, standardized model to follow, and the laws can be confusing.  Under this system, it is  possible for a couple to go to a foreign country, adopt a child under the laws of that country, and never be able to legally bring the child to the United States.  (this can even happen if one of the adoptive parents is a citizen of the foreign country).

      Due to the changes in international adoption law and also in U.S. immigration law, it is not safe to assume that as long as the adoption is done “for the right reasons” everything will be fine.   If the laws are not followed specifically, and the steps done in the proper order, a family can end up in a situation where family unification is difficult or impossible.    Another costly and exhausting scenario involves having to void an improperly obtained adoption and re-do  the entire thing, in the proper order and with the proper documentation. There is always the potential for something to go wrong the second time, which would be a heartbreaking situation.

      After many years of working with foreign adoptions, if I were asked to give one piece of advice to potential parents it would be this:  PLEASE, get ALL of the facts about ALL of the laws involved and seek a legal consult EARLY with an attorney who is familiar with international adoption law, U.S. immigration law and the family law of your state.  Do this BEFORE you fall in love with a child and BEFORE you make plans which affect the future of the entire family.  

      Kalish Law Office has been representing adoptive families since 1984.  

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      28 Sep 2011

      Adult Adoption or Simple Name Change?

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      An adult person who wishes to be adopted may do so, and an adult adoption is generally simpler and quicker than the adoption of a minor child. This is because an adult can consent to his/her own adoption, and does not have to get the biological parent’s permission.  

       

      An adult adoption may include a name change for the adoptee, but it doesn’t have to.

       

      The final and legal effect of an adult adoption is to sever the legal parental ties to the previous, still living,  biological parent(s), and create new ties with the adoptive parent(s). Therefore, the adoptee must realize that s/he will no longer be the legal child of the former parent whose parental ties have been severed. (this can come into play if the former biological parent becomes ill or dies after the adoption. The adoptee will no longer have rights as “family” as to that former parent and may not be able to get in to the hospital, have a voice in decisions, or inherit).

       

      The adult who is seeking adoption could also ask for a court-ordered name change, and change his last name to that of the family that he feels close to.   The name change will give him the same last name as the family, but will not sever the prior relationship with his biological parents, nor will it create the parent-child relationship with the “new” family.

       

      Both adult adoption and adult name change are relatively uncomplicated procedures legally (unless the person seeking the name change has a criminal history or it appears that s/he is trying to run from obligations or defraud creditors by the name change).

       

      If the purpose of the legal action is to make the potential adoptee a full-fledged legal member of the family, with all the rights that family members have towards each other, including inheritance, then an adult adoption is the way to go. 

      If, on the other hand, the “adoptee” does not want to sever the legal ties with his/her biological family, but wants to bear the last name of his/her “other family”, a name change may be just the right remedy.

       

      Kalish Law Office has been providing legal services to businesses and families for over 27 years. “Passionate, Professional and Personal. We Make the Difference.” Since 1984   Tenemos una abogada que habla español

      www.kalishlawtexas.com

       

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      3 Mar 2011

      The Risks of Refinancing Your Home With Your Spouse or Partner

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      WARNING!  Joining in the refinancing of a home previously owned by your spouse or significant other does not guarantee that you actually “own” part of the house.

       

      Signing the Promissory Note DOES mean that you are legally responsible to pay the mortgage on the property. However, it does NOT mean that the property is automatically in your name, or that if your spouse dies you will automatically inherit all or part of the property.

      Here is a specific example that could contain a nasty surprise waiting somewhere down the line:

       

      Husband has three adult children by a previous marriage. He is divorced from Wife #1, and he owns his home, which is in his own name.   He then marries Wife #2.  


      Husband and Wife #2 evaluate their joint financial situation.  They decide that it would be financially helpful to them if they were to refinance the home that they live in. They apply for, and are granted a new mortgage.  It is at a better interest rate, especially since Wife #2 is a co-borrower. Husband and Wife #2 both sign the refinance agreement, but there is no deed filed in the county records which gives part ownership of the home to Wife #2.


      The couple goes along happily with their life.   Then, Husband dies suddenly, and without a will. 

      Under Texas law, his prior children inherit the ownership of the home, since the deed is in his name and it is his separate property. 

       

      Wife #2 does have a “life estate”, which means that she is allowed to live in the same home that her stepchildren now own. Under the paperwork she signed with the mortgage company, she is still obligated to pay the mortgage, but the home is not in her name and she cannot pass the home or any portion of it on to her own descendants. If she chooses to just walk away from the home, she is leaving behind the money that she and her deceased husband have already put into it, and her stepchildren don’t have to compensate her.

       

      This is a sobering set of facts, but unfortunately it is very common.


      It is very unlikely that the Husband in the example wanted this to happen.   It is more likely that he wanted Wife #2 to own 100% of the house upon his death. 

       

      The situation could have been avoided in two ways. First of all, a properly drafted and filed deed would have protected Wife #2, because it would have given her immediate rights and ownership in the property.  It would have legally given her her own portion, regardless of whether the Husband lived or died. 


      Secondly, the Husband could have had a valid will, which would have spelled out exactly what was to be done with his 50% upon his death. 

       

      It is important for everyone to understand all of the consequences of refinancing property. It is especially when dealing with second marriages, stepfamily issues, and non-traditional families. Couples who are in same-sex partnerships and cannot legally marry each other and couples who are unsure of their "common law" status or choose not to marry can be especially vulnerable to these problems.  A timely legal consult can avoid serious problems and unpleasant surprises later on.

       

      Kalish Law Office has been representing clients in family law and real estate law since 1984.  Located in The Woodlands, north of Houston, Texas.  281-363-3700.  www.kalishlawtexas.com

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      22 Dec 2010

      Divorce and Downsizing in Difficult Economic Times

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      Divorce is difficult and emotionally taxing, even when the economy is stable.  Added to the already overwhelming financial stress that some families are already experiencing, it can seem like an insurmountable burden.

       

      Divorce and business downsizing have a lot in common.  In both processes the principals involved must analyze their assets and debts, strengths and weaknesses. In both processes honest evaluation, flexibility, organization, and planning are essential in order to have a reasonably acceptable outcome.  In both processes there is anxiety, loss, and finally, a new beginning.

       

      The process is made more efficient, perhaps even a little less painful by a willingness to accept personal responsibility, simplify, economize, and ending relationships (whether business or personal) that are no longer working.

       

      Although emotions are likely to be running high, it is always important to step back and take a deep breath. Having family, friends, and professionals on your side that can be trusted to be honest with you while remaining supportive is important. 

       

      Information gathering is essential.  It is never too soon to gather information and look at all of your options.  This is especially important if you have complicating factors such as a family run business, high assets or a complicated financial picture. 

       

      Divorces can further be complicated by such factors as immigration issues, a child with a disability, or a non-traditional family structure.

       

      A law firm with the expertise to “cross over” into various areas to assist you with the entire picture can make the process easier to handle.

       

      Kalish Law Office 281-363-3700  The Woodlands, Texas  www.kalishlawtexas.com

      “Passionate, Professional and Personal. We Make the Difference” Since 1984.  Divorce, Family Law, Business Law, Family Immigration, Non-traditional Family Law, Real Estate and Probate

      Serving Montgomery, Harris, Walker, Waller, Fort Bend and surrounding Texas counties

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  • KalishLawTexas' legal blog The Woodlands

    The Kalish Law Office is located at 26009 Budde Rd, Ste A-100 in Spring - The Woodlands, Texas, north of Houston. Divorce, child custody and support, adoption, family law, real estate, wills/estate planning, and business law. Tenemos una abogada que habla espanol directamente con usted. "Passionate, Professional and Personal. We Make the Difference." Since 1984 BE SURE TO CHECK OUT OUR MAIN WEBSITE AT kalishlawtexas.com!

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