New Year, New Office

Happy New Year!  The Decker Law Firm wishes you a new year full of love, happiness, and prosperity.

2013 was a wonderful year for The Decker Law Firm – We met some incredible people, made some new friends, and were able to help many families through some of the most difficult times in their lives.  We are so very thankful to have had that opportunity.

We hope to continue serving our clients in a new location.  The weekend before the New Year, we moved our office.  The Decker Law Firm happily announces our new location and phone numbers:

5201 West Freeway, Ste. 102
Fort Worth, TX 76107
(817) 735-0005   Phone
(817) 735-8959   Fax

We will continue to provide our clients with honest, strong representation – only from a different locale.

If you need to visit us and are not sure where to find our new office, just give us a call.  We look forward to hearing from you soon.

Ami J. Decker
www.famlawtex.com

Adoption in Texas

Family law attorneys handle all kinds of legal matters that are not known for their pleasantness - divorce, custody, child support, etc. Although helping people with their family issues is rewarding, one of the most rewarding things we help people with is adoption.

An adoption is the beginning of a new life not only for the child but for the parents and the entire family. And what a wonderful thing to be a part of and to help make happen!

Adoption is a two-step process. First you must terminate the rights of the biological parents, followed by the actual adoption; step two.

Occasionally a mother will call me wanting her husband to adopt her child but she doesn’t really want to notify the biological father. Unfortunately, that can’t happen. The biological father must be told of the adoption. Sometimes the father will agree to have his rights terminated so the stepfather can adopt. When that happens, it makes the adoption much easier in that the biological father will sign an affidavit of relinquishment of parental rights. When the biological parent or parents will not agree to relinquish his or her parental rights, you have to have a full trial where you must prove that it is in the best interest of the child to terminate the biological parents’ parental rights and prove any one of the statutory reasons for terminating parental rights.

Once the parental rights of the biological parents are terminated, the adoption is pretty much a formality.

I also have people ask me if they can do their adoption on their own without a lawyer. I do not recommend someone attempt to do so. Termination and adoption is a very technical paper-driven process and if you have not done everything exactly right and filed the correct paperwork with the Court, you will not be successful in your adoption.

If all the paperwork and pleadings are not in order, you might show up to the final trial only to be turned away because something is missing or incorrect. Further, if you complete your termination and adoption and one thing is wrong, someone can call in question a part of the process or procedure which means the adoption could be reversed. Something like that could be devastating to the child, the parents, and the family.

In Tarrant County, Texas, the judges like the termination trial and adoption to happen on the same day whenever possible. In Child Protective Services cases that can’t always happen but in private cases, the judges want the termination and adoption to happen all at once so that a child is not left fatherless, motherless, or parentless for any period of time.

When all the paperwork is in order, in Tarrant County, the judges do a great job of making adoption day something special not only for the adopted children and the parents, but for the entire family and their friends. The judges include everyone in the hearing; some will even swear in the children at the same time as everyone else just so they feel a part of the process. The judges do things at an adoption they don’t allow any other time. The entire group of people, family and friends are allowed to approach the bench for the actual (and very brief) adoption hearing. Taking pictures is not only allowed but encouraged. The judge even allows the immediate family to take the steps up to the bench where the judge sits for a photo opportunity with the judge. With all the ugly things judges see in family law courts, they love adoptions too.

Adoption can be a rewarding event for everyone involved. If you are looking for an adoption of any kind, I highly recommend meeting with an attorney and eventually hiring one to make sure everything is done correctly. As rewarding as an adoption can be, if it is not done properly, it can be a nightmare for the children and parents.

Ami J. Decker
www.famlawtex.com

Introduction to The Decker Law Firm, a Fort Worth Family Law Firm

We are trying out some videos.  This one is an introduction to The Decker Law Firm.  Tell me what topics you would like to see us cover in a video.

Why Should I Hire an Attorney for My Divorce when I Have Children?

I do not recommend anyone with kids represent themselves (pro se is the legal term for being your own lawyer) in a divorce or try to use some forms you find somewhere to do your divorce on your own. Have you ever heard someone say "I don’t know what I don’t know?" This phrase rings true in the area of family law.

I realize because I am a family lawyer, my saying this may hold little weight to you as you may think I am saying this because I make money as a divorce lawyer. But before you make up your mind on this, please hear me out.

For the majority of folks, their family is the most important part of their lives. Doing your divorce on your own may strip you of rights you have with respect to your children. Maybe even rights you didn’t even know you have.

For example, which parent is going to make the educational decisions for the kids? Your initial reaction may be "We both will." But what if, at some point, you don’t agree with your ex spouse? If the language in your divorce decree says you both must agree before any action is taken with respect your children’s education, and you disagree, nothing can ever be done.

Additionally, you have no idea what your situation is going to be in ten years. And what is an educational decision? Educational decisions are not limited to simply what school your child will attend. Should she be tutored in a certain subject? Who will the tutor be? Where will she go to get the tutoring? Is a choir trip to New York City educational? If so, who should decide if your daughter goes on that trip? What happens if one of you want your son to attend SAT preparation classes and the other parent believes it unnecessary. Should you and your former spouse have the independent right to make educational decisions? If so, then your former spouse could have your child doing something you don’t agree with. Or you both could do something similar at the same time. Should you have the exclusive right to make those decisions? Should your spouse have that exclusive right? Or should one of you have the exclusive right after conferring with the other parent?

When there are children, there are a myriad of issues in a divorce an experienced family lawyer can help you with. Educational decisions are just a drop in the bucket.

Who will make medical decisions? Will you get a second medical opinion when an invasive medical procedure is needed one of your children? Who will decide if my minor child can join the armed forces? Or get married? If you don’t have primary custody of your child, can you assure you are on the school records to get information about your child’s education? How can I prevent your ex-wife from moving across the country with your kids? Can you even prevent that? Can you call your kids when they are with the other parent? Your child is special needs, can you get more child support than the statutory minimum? What is the statutory minimum child support? If your child plays a sport, do you have to take him to practices and games when you have him? You want you ex to pay half of the sports costs, can you get that? You need to get a passport for your child, how do you get your ex to sign the paperwork? Your ex-spouse is taking the children out of the country on vacation, do you have the right to know where they are going and when? Do you have to agree to see your kids every other weekend? Your spouse and you want to agree no one should pay child support; can you do that?

This list of questions is just the tip of the iceberg. You really don’t know what you don’t know.

Further, it isn’t enough to simply consult an attorney at the beginning of the divorce and then write your decree yourself or check some boxes on a form. The wording of your divorce decree is everything. The absence or existence of a single word in a decree could determine if you have a specific right or not. Once you give up a right either accidentally or intentionally, it is difficult, if not impossible, to get that right back at a later date.

Remember the effort you put into planning your wedding? Please don’t spend any less time or effort in your divorce than you put into your wedding. Your family is at stake.

Ami J. Decker
www.famlawtex.com

Your Case Is Important

My first year in law school I had the opportunity to learn from one of the most intelligent and difficult professors at the University of Oklahoma College of Law. This professor taught me Constitutional Law and Criminal Law.  I learned a great deal in his classes, but nothing as insightful as one comment he made.  He made this comment more than once and it has never left me. This one comment has driven how I practice law every day.

On more than one occasion he said  “As a lawyer, you may have many cases, but each client’s case is the most important thing going on in his or her life.”  I have never forgotten this.

It’s true, I have many cases.  But I am a family law attorney.  Each case I have deals with the most important aspect of a person’s life: his or her family.  There is nothing more personal, more all-consuming, or more stressful.  As I work on my clients’ cases, I try to keep in mind there is nothing more critical happening in that person’s life than their divorce, or the enforcement of child support, or their adoption.

This one tidbit my law professor shared with his class years ago has stayed with me and drives how I manage every case, how I work with every client, and how The Decker Law Firm operates. I always ask myself if it were my divorce, how would I want my lawyer to handle it.  As an attorney it is important for me to recognize that this isn’t just a job it’s about my client’s future. I never take my duties lightly; it’s just too important to my clients.

Ami J. Decker

www.famlawtex.com

How to Choose a Family Law Lawyer

How do you find a lawyer that is right for you if you are going through a divorce, fighting a custody battle, or trying to get your ex-spouse to pay child support in Texas? First things first: It is important to choose a lawyer whose primary focus is family law. If you are located in a more rural area of Texas, most lawyers handle a variety of legal issues so look for someone who regularly handles family issues.

To start, ask around. Chances are you have family members or friends who have needed a lawyer for family law issues. They may have had someone who worked out really well for them or didn’t work out at all. A lawyer who focuses on family law, will know the ins and outs of the Texas Family Code and the idiosyncrasies that would easily trip up a lawyer who does not work in family law on a regular basis.

Also important is choosing a lawyer who regularly practices in your county. A lawyer who stands before the judges in your county on a regular basis will, in many cases, be able to tell you what is likely and unlikely to happen in your court in your particular situation. Further, you won’t have to be concerned about your lawyer being "hometowned." In some jurisdictions, particularly in less-populated counties in Texas, a lawyer coming from another county who does not normally practice in the jurisdiction may not be treated as welcoming as a lawyer who is in that court all the time. An out-of-town attorney may have to figure out what the local court rules are and what the normal practices may be. For example, do you stand when you question witnesses or is it customary in that court to remain seated at the table? Even on both sides of the Dallas/Fort Worth metroplex you have to be aware of how often your lawyer practices in that county. In some situations, it is better to find a lawyer who regularly practices in Tarrant County. A Dallas lawyer traveling to Tarrant County who rarely, if ever, practices in Fort Worth may have struggles.

Always meet your potential lawyer in person. Although it may be annoying or pricier paying for an initial consultation with a lawyer, and then doing so with several lawyers, it is the best way to see if a lawyer is the right one for you. An initial consultation serves several purposes for someone on the hunt for a family law attorney. It is a great way to get a feel for what the law says about the important matters in your specific divorce. Look at an initial consultation as an interview of someone you want to hire. Does the lawyer have experience in the areas most significant to your situation? For example, if you have a family business and you are getting a divorce, does the attorney have experience with business valuations and negotiating the division of businesses? If Child Protective Services (CPS) is involved in your case, does the attorney have experience in CPS cases? If you are going to have a custody battle on your hands, does the lawyer have a good bit of experience in this area? If an attorney is strictly a family lawyer, chances are they have plenty of experience in all these areas; but it is good to ask the questions to make sure.

Something else important when meeting with lawyers is to determine if you think your personality will work well with the personality of the lawyer. Additionally, does the lawyer have the personality you need for your case? For example, do you want an aggressive lawyer who will need to fight for everything because the opposing party (your spouse, your ex-spouse or parent of your child) is confrontational about everything? If so, a lawyer who seems meek may not be the right fit for your situation. Conversely, if you and your spouse are getting a divorce and are relatively amicable about everything, you probably don’t want a lawyer who thrives on going into court and fighting it out for every little item. It is also good to keep in mind that some lawyers can play both roles - if the situation calls for aggression, the lawyer can take the reins and fight it out. But if you and your spouse are fairly amicable toward each other, that same lawyer can work with you to reach a resolution.

In the initial consultation, you will want to find out what the lawyer’s hourly rate is and what his or her initial retainer is. Keep in mind that a lawyer’s initial retainer is NOT necessarily what your case will cost. It is just the amount that gets you started.

The bottom line is, spending some time and money at the beginning of your case to find the right lawyer, will save you pain and suffering later on and can even save you money on the back end.

Ami J. Decker
www.famlawtex.com