KalishLawTexas' legal blog The Woodlands

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27 Jun 2011

How to do a Little Legal Research Online.....
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My posts about how to find legal information on the web have been wildly popular in the past, so here is another gem of wisdom on how to catch that elusive thing called legal knowledge.

You can always google, bing, yahoo or ask your way to an answer, but you may have to search through a lot of information that doesn’t cut to the chase.

So, here are a few tips for doing legal research (and a few cautions, too!)

TIPS (The best places to find good information):
1. State Bar websites: Many state bar associations have specific pages for non-lawyers. For instance the Texas State Bar has a page “for the public”
Non-lawyers can download pamphlets and also information that previously appeared in the Texas Bar Journal client pages.

2. www.lawyers.com   This site has legal forums and blogs and is searchable.

3.   www.avvo.com legal forums and legal guides

4.   www.findlaw.com Here you can “Learn about the law” and “Browse legal wiki”

5.   www.nolo.com Lots of information on various legal topics

6.   Groups or sites that are specific to your problem or area of law, for instance:

For immigration: USCIS: www.uscis.gov

US Patents and Trademarks For copyrights and trademarks

Texas Workforce Commission

Many professional groups also have a helpful links page.

CAUTIONS:
1. Don’t base an opinion on the wrong law. Make sure you know whether you are looking at the right law (State or federal? Current or old law? Does it apply?)
2. Don’t believe everything you read, especially on message boards and chat, and don’t assume that it applies to your situation.
3. Don’t share personal information in a public forum. (not only is it dangerous in general, but if you are involved in a legal action later your posts may work against you)
4. Beware of scams and of people who are “practicing law without a license.”
Now you are ready to get some background information for your specific legal question, or just because you want to learn something new!
Be sure to contact a lawyer when the situation calls for it. Just as you would consult a professional to deal with a medical problem or a problem with your car engine, you should consult a legal professional in certain situations.
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2 Jun 2011

Avoiding Adoption Scams
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This is an excellent article which was just posted on the National Council for Adoption website. Very good, practical advice on how to spot and avoid adoption scams.

http://bit.ly/myG83E
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1 Feb 2011

General Information about Adoption of a Child in Texas
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Adopting a child requires the completion of very specific legal steps. Long ago, people “adopted” children informally but that is not the case anymore. There are many laws and regulations relating to adoption, and more laws are coming into effect every year for both domestic and international adoption.

The laws are necessary in order to keep children safe, and to standardize procedures and governmental record keeping.

The legal steps taken in an adoption vary, depending on whether or not the adoption is domestic or foreign, within the state of Texas or interstate, agency or non-agency, and whether it is an adoption by a stepparent, foster parent, grandparent, other relatives, or by non-relatives.
Although there are many variables, here are some basics to adoption procedure in Texas.
1. The child must be available for adoption. The legal rights of any living or legal parent must be terminated by court order.
2. Everyone who has the legal right to be notified about the procedure must be notified. This includes biological parents, guardians, a legal father (who can be a non-biological father married to the mother during pregnancy/birth) and any involved agencies. If a party’s whereabouts are unknown, there are certain methods that can be used to give “legal notice”, even if it isn’t “actual notice”.
3. The adoptive parent or parents must pass certain screening in order to adopt. In most situations, this involves a home study. The adoptive parent(s) will need to be capable of financially and emotionally supporting the child. The adoptive parent(s) background will be examined, especially to discover if there are crimes relating to injury or child endangerment, or crimes involving moral turpitude.
4. There must be a petition filed in a court and a judge must approve and sign a final decree.
5. Notification of the legal adoption and name change (when appropriate) will occur. After the final hearing, the adoption will be registered in Austin, and a new birth certificate will be issued. The new parents will notify social security. In some cases, paperwork will be filed with U.S. Immigration or the Department of State and official documents such as “green cards” or passports will need to be reissued.
These steps can take a while to complete, even when all parties are in agreement and the adoption is a “simple” one. In order to gain immigration benefits from U.S. citizen parents, children must usually be adopted prior to age 16 (there is one exception when adopting siblings).
If you are planning to adopt a child and have any deadlines (for instance moving to another state or country, travel outside the U.S., immigration deadlines) be sure to allow plenty of time for planning and completion by having an early legal consult with an adoption attorney who is familiar with your type of case.

Kalish Law Office has been serving clients in the areas of adoption for over 26 years. www.kalishlawtexas.com 281-363-3700
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25 Jan 2011

What You Want to Know About Termination of Parental Rights in Texas
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Certain legal conditions must be met before parental rights are terminated by court order.

There are two types of termination; voluntary and involuntary.

A voluntary termination of parental rights occurs when the parent whose rights are being terminated agrees with the termination, cooperates, and signs the proper paperwork and/or appears in court and testifies that s/he is voluntarily giving up rights.

An involuntary termination occurs when the parent whose rights are being terminated is not in agreement with the termination. This can occur when the parent actively opposes the termination, stands by passively and allows it to happen, is absent with whereabouts unknown, or refuses to respond to the suit.

Even if an absent parent cannot be found to be served with a lawsuit terminating rights, there are certain legal steps that can be taken to give “legal notice” without “actual notice”. Translating from “Legalese” to “English”, this means that just because a person is missing or hiding, the termination may still go on. If the termination is in the best interests of the child the judge can make that decision.

Specific legal steps must be taken to locate a missing party. There will also be an attorney appointed to represent the interests of the missing parent.

Termination is not a given. A judge can refuse to terminate parental rights if the judge believes that it is not in the best interests of the child to do so. This can happen even if both parents are in total agreement about the termination.

Here are three common situations involving termination of parental rights:
1. Adoption. In order for a child to be adopted, he or she must be available for adoption and (except in an orphan situation) that will involve terminating the parental rights of one or both biological parents. Step parent adoptions will commonly require the termination of rights of one biological parent.
2. Abuse, Neglect or Danger. Parental rights can be terminated for abuse or neglect or to prevent harm to the child. Child Protective Services may be involved in these cases.
3. Non support, no contact, abandonment, lack of acknowledgment. In some circumstances a parent can lose his/her rights by not supporting, visiting or acknowledging the child.
Parental rights are protected by law, and the terminations of those rights are not taken lightly. Many legal steps must be performed in order for a termination to be granted. The primary consideration is the health, safety, support and well-being of the child involved.

Kalish Law Office in The Woodlands Texas has been representing clients in cases involving termination, adoption, paternity, and parental rights for over 26 years. www.kalishlawtexas.com 281-363-3700 “Passionate Professional and Personal. We Make the Difference.”
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