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What is the Most Common Child Custody Arrangement?

While joint custody is the most common arrangement for divorcing parents with children, our child custody lawyer can help you determine if this is the best arrangement for you. Everyone wants what is best for their child, but, unfortunately, when divorce enters the picture, parents may wind up warring over custody issues. While joint custody is most common, and courts are trending toward giving parents 50/50 time with their children, sole custody and primary physical custody are also possible custody arrangements, and conflicts over which arrangement is best can lead to a contentious court battle that is damaging to all parties. Ideally, couples who are divorcing should be able to negotiate and come to an agreement as to custody and [...]

How Do You Prove Wrongful Death?

Proving wrongful death means showing that another party’s neglect, carelessness, unskillfulness, or fault was the cause of the death. Losing a loved one is always a devastating experience, but when the death was caused by someone’s negligence, normal grief may be compounded by anger and the desire to punish the wrongdoer. In addition, after the death, survivors may be left without income or support at a time they are facing medical bills and funeral costs. While money can never replace a loved one, if you have lost a family member due to another party’s negligence or fault, you may be entitled to compensation through a wrongful death lawsuit. A settlement award can ease your financial burdens and help your family function, pay [...]

Does Adultery Affect Divorce in TX?

If your spouse cheated on you, you may want to know does adultery affect divorce in TX. Most states in the United States do not require you to give a specific reason to file for divorce. Many people file saying simply that there are "irreconcilable differences," which could mean almost anything, from differences in eating habits to differences in religion. However, in Texas, adultery can have a major impact on divorce proceedings. If one party can prove that the other is committing adultery, the judge may take that into account when considering property division and alimony. In Texas, you are allowed to file for a no-fault divorce. Many people might choose to have a no-fault divorce even if the other party is cheating, simply because a n[...]

Can You Sue for Lower Back Injuries in Car Accidents?

Have you been in a car accident and are confused about what to do next? Most people are worried about the cost of medical treatment and may hesitate to make decisions early on in a case because they are waiting to see what happens next. When it comes to possible back injuries, you should never wait. It is possible you can sue for lower back injuries in a car accident, but there are several steps you need to take first. You should seek medical care as soon as possible after any accident, because you may not realize you are injured at first. You may be in shock, or you might have so much adrenaline from the accident that you don't feel the pain yet. See a doctor so you can describe the impact and get the help you need right away. Even if [...]

How Much Compensation Do You Get for a Burn Injury?

Burn injuries can be incredibly severe and are immensely painful, and the costs associated with them may be considerable. If you have suffered burn injuries that occurred due to the negligence or recklessness of another person or organization, you may be entitled to compensation. Contact a Texas burn injury attorney today to learn more about your options as well as what type of award you can expect to receive. The Road to Compensation Filing a Burn Injury Lawsuit Unfortunately, burn injuries are common around the world, in the United States, and in Texas. Every year, fire, chemicals, electricity, and catastrophic events cause hundreds of thousands of individuals to suffer burn injuries. Burns can be caused by certain products[...]

Can You Change A Custody Agreement Without Going to Court?

If you are divorced or legally separated and have children with your ex, you likely have a court-approved custody agreement. But if you want it changed, you may want to know, can you change a custody agreement without going to court? The custody document specifically states the time your children will spend with you and your spouse, including holidays and weekends. It is required by law that both parents abide by the terms of the agreement, as it was created in the best interests of your child/children. That said, we all know that “life happens” and circumstances do not always remain the same. Over time, a variety of factors may contribute to the need to change your custody agreement. When this happens, you may wonder if you can[...]

How to Pay Medical Bills During a Brain Injury Lawsuit

If a loved one was involved in a severe accident, you may wonder how will you pay medical bills during your brain injury lawsuit. A serious brain injury can leave a victim with lifelong disabilities and medical and rehabilitation needs. If you have no health insurance, or not enough to cover the bills, this can be a major concern. The Evans & Herlihy Law Firm may help you pursue compensation, including payment for the victim’s medical care. We have successfully represented personal injury plaintiffs for more than 15 years, including those suffering from traumatic brain injuries (TBI). As a small firm, we offer personal attention that’s hard to find at a large corporate law office. To learn more about how we can help you and your fami[...]

Does It Matter Who Files for Divorce First?

Getting divorced is one of the most stressful things you will ever do, even if you are still friends with your ex. The process can be expensive and go on for several months, during which time you have to expose your most personal secrets to strangers. You may be wondering if you have a legal or strategic advantage if you are the one who files first. In Texas, it generally does not matter which party files first. However, it may still be beneficial to be the filing party. This depends on your circumstances, and every case is different. If you have any questions, you should speak with your divorce attorney about what is best for you. Advantages to Filing First There are several potential advantages to filing first. The Person Who Files[...]

Can You Sue for Pain and Suffering After a Car Accident?

If you were injured in a car accident and want compensation for what you’ve been through, you may wonder, can you sue for pain and suffering after a car accident? Pain and suffering are damages sought in an insurance claim or lawsuit. Damages measure in dollars the harm you suffered. Car accident pain and suffering can’t be easily converted into dollars, but there are methods used to fairly compensate accident victims. Evans & Herlihy Law Firm protects the rights and interests of accident victims. If you’ve been in an injury in a car accident, pain and suffering may be a regular part of your life. Severe injuries can be life-changing events that deprive you of an active, full life. You should get compensation for the mental[...]

How Do I Get a No-Fault Divorce in Texas?

If you’re having marital problems you can’t resolve, you may wonder, how do I get a no-fault divorce in Texas? Although neither of you may have done anything intentionally to wreck your marriage, a no-fault divorce isn’t necessarily a no-problem divorce. All the other issues that come with divorce need to be resolved, too. How well the process goes depends on the parties’ ability to amicably deal with spousal support, child custody and support, dividing assets and debts. Evans & Herlihy helps married couples divorce so they can start over and begin new lives. Most of our divorce clients use the no-fault system. If you have questions on divorce or how the process works, call us at (512) 732-2727 today. What is No-Fault Divorce [...]

How Child Support is Calculated in Texas

State statute determines how child support is calculated in Texas, though a judge has some flexibility. Whether you’re receiving or paying child support, you need to focus on your child’s needs and meet them as best you can. Judges take child support seriously, so if you’re obligated to pay it but can’t afford the payments, you could ask to reduce your obligations. Under Texas law, child support isn’t voluntary. If a court decides how much support you must pay, you have a legal duty to do so. Even though child support payments are required in Texas, parents often stop paying or pay less than the ordered amount. This may be the result of changes in a parent’s financial situation. They may be laid off or have unexpected[...]

What is the Average Payout for a Head Injury?

If you suffered a severe accident that caused harm to your brain, you might wonder, what is the average payout for a head injury? Payouts for any injury vary, depending on many factors. What you collect may be very different than what’s obtained by others. A head injury is often some form of traumatic brain injury (TBI). TBIs can range from mild concussions to fatal injuries. In some people, a mild concussion can have life-long impacts. Most important, it can leave you more susceptible to additional and more severe concussions. Serious TBIs can cause severe mental and physical disability, personality changes, and decreased intellectual functioning. Recovery from a TBI is difficult to predict. While some recover well, other people m[...]

What Legal Rights Does a Non-Custodial Parent Have?

If you’re going to be involved in a child custody dispute, you may not get custody, so you may ask, what legal rights does a non-custodial parent have? If this happens to you, unless there is evidence that you’ll endanger your child, you should have access to and spend time with your child. In Texas, if parents can’t reach an agreement about their rights to their children, a judge will decide. The most important thing a judge will think about is making a decision that reflects and promotes your child’s best interests. Texas uses legal terms related to child custody that are different than those used by other states. The Texas terms aren’t “custody” or “visitation.” The parent with the legal right to make important deci[...]

Using Kids as Pawns in Divorce

Using Kids as Pawns in Divorce is Harmful to Everyone There are no winners when children are drawn into divorce conflicts. Divorce is stressful enough for parents and children, but when parents use their kids as pawns, they may be subjecting them to irreparable harm. Children are caught in the middle and may become confused. Their sense of security and self-esteem may be damaged, and they may wind up blaming themselves. By putting children in a situation where they feel they have to choose between their parents, parents further destroy their relationship with each other and are unable to cooperate and co-parent in a manner that is in the child’s best interests. Children may resent and withdraw from their parents, creating long-term r[...]

Can Text Messages Be Used in a Divorce?

As divorce attorneys, we hear the question, “can text messages be used in a divorce?” quite frequently. Asking it makes a lot of sense. Think for a moment. You likely spend a significant amount of time on your cell phone. Today, more than ever before, many of us use texting as our primary form of communication with our friends, our families and, quite often, our significant others. In fact, newly dating couples tend to use text messages to get to know each other and even plan their dates. These texts are often fun and flirty. Cell phones offer an effective and efficient way to communicate. Unfortunately, as you are probably aware, conversations over text are not always happy and positive. In fact, many of us are more li[...]

What Qualifies as a Wrongful Death Lawsuit?

What qualifies as a wrongful death lawsuit varies on the facts of the accident and the laws that apply. What doesn’t change is the grief, sadness, sense of loss, and anger when a loved one is suddenly taken away. If your loved one was killed by negligence or an intentional act, your family might obtain compensation for your losses through a wrongful death lawsuit. A cause of action for wrongful death exists in Texas when a person is killed because of another’s “neglect, carelessness, unskillfulness, or default.” The person’s spouse, children, or parents, or the executor of the estate may be able to file a wrongful death claim. It would be filed against the responsible parties to cover financial losses and emotional suffering. [...]

What is an Uncontested Divorce?

Divorce can be one of the most devasting and adversarial experiences couples go through, but the process is made easier when a divorce is uncontested. So, what is an uncontested divorce? If you and your divorcing spouse can communicate and agree on the issues, Texas allows you to file for an uncontested or “agreed” divorce. This is a simplified process that is relatively fast, and you may qualify if you meet the criteria that includes: Both spouses agree to a divorce and on the “grounds” for the divorce You do not have minor children together, own property together, have retirement benefits to divide, or seek alimony There are no ongoing bankruptcy cases. Even if your divorce is uncontested, one spouse still has to get [...]

Handling Joint Custody Arrangements in the COVID-19 Pandemic

Joint custody can become more complicated during the COVID-19 pandemic. Both parents should be flexible and prioritize their child’s well-being ahead of their own needs and any animosity they may feel toward the other parent. If you are having conflicts over child custody, Evans & Herlihy is here to help. Physical and legal custody (or "conservatorship" as Texas law calls it) describes your legal relationship with your child if there’s a court order. Most orders have both parents as Joint Managing Conservators (JMCs). A court will go this route unless there’s a reason not to (such as domestic violence, drug use, mental illness). In this situation, both parents make decisions about their child’s education, medical treatment, and o[...]

Who Gets the Money in a Wrongful Death Settlement?

Who gets the money in a wrongful death settlement is based on Texas law. If your family member died due to the negligence or intentional act of another party, you might be able to file a wrongful death claim against those responsible. The settlement money is paid to a surviving spouse, children, parents, or estate. If your family suffered the loss of a loved one because of the actions of another party, Evans & Herlihy may be able to help. There’s practically no limit to the situations that can be the basis of a wrongful death lawsuit. Loved ones are killed every day due to the negligence or intentional acts of others. These lawsuits try to hold the responsible parties accountable and provide compensation for the losses suffered by fami[...]

Can You Sue a Hospital for Wrongful Death?

It’s a fact of life that some hospital patients will die, but if the death of your family member was caused by negligence, you may be asking yourself, can you sue a hospital for wrongful death? You can if the facts and law support such a claim. You can talk to the attorneys at Evans & Herlihy to discuss whether this kind of lawsuit is right for your family. You may file a wrongful death lawsuit if, under Texas law, a family member dies because of another’s “neglect, carelessness, unskillfulness, or default.” A case could involve the hospital if it played a role in your loved one’s death. If the hospital’s actions causing the death were grossly negligent or willful, you might be entitled to a punitive damages award. It wou[...]