Enforcement

Family law is composed of divorces, domestic abuse, adoptions, modifications, child support issues and the list goes on.  The Vitelli Law Firm is well rounded in the area of family law and there is no case that is to difficult to tackle.  As the founder of The Vitelli Law Firm, I strive to get the best results possible for each and every client.

In this area of law, enforcements are no different.  You have gone through the process of a divorce or modification of an order.  This order became final and now one party is not following the agreement that was entered into or the order of the court.  It is time to file for enforcement of that order.

At The Vitelli Law Firm, we understand your frustration.  We work with our clients both financially and emotionally to get the best end result.  Whether you are enforcing child support obligation or possession and access, you will have a strong advocate in your corner at all times.

For further information on each section, just click the links.  Be sure to check out the common questions and answers that have been asked over the years.  The website is always being updated so if there is a question you think that needs to be asked send me an email at sherea@vitellilawfirm.com and I would be glad to review it for future posting.

DISCLAIMER: This website is designed to provide educational information only and is not intended to be a substitute for legal advice.  Every case is unique and every outcome will vary depending on the facts and legal issues of the case.  You should not make any decisions about any legal matters without consulting an attorney first.  The use of this information on this website does not form an attorney/client relationship with the Vitelli Law Firm or its attorneys.  You are invited to contact The Vitelli Law Firm via telephone, fax, or email; however, please be cautious when transmitting confidential information over the internet.

 

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For Wills F.A.Q click here

Adoption

Adoption Law

Adoptions are extremely emotional times in people lives.  I have always enjoyed watching the hearings for adoptions when the Judge grants the adoption gives the child a bear, and takes photos with the family.  Generally, there is not one dry eye in that court room.  With all cases, there are guidelines which much be followed.

In all adoption cases there are two biological parents that must consent to the adoption.  In Texas, when one parent wants to terminate their rights another individual must be ready and willing to take that parents spot.  This is crucial to any adoption case because the court considers what is in the best interest of the child or children.

In Texas, most adoptions occur between blood relatives such as grandparents, an aunt or uncle, or even siblings.  If an ex-spouse remarries, that “step-parent” can also petition for adoption.  If a non-blood relative who is not married to a biological parent wants to adopt a child it must be done with the approval of the Division of Family and Children Services or an approved adoption agency.

Adoptions should have a rewarding feeling not a stressful or fearful effect.  The Vitelli Law Firm strives to keep clients informed and on track to completing the adoption within a reasonable time frame.

Be sure to check out the common questions and answers that have been asked over the years.  The website is always being updated so if there is a question you think that needs to be asked send me an email at sherea@vitellilawfirm.com and I would be glad to review it for future posting.

DISCLAIMER: This website is designed to provide educational information only and is not intended to be a substitute for legal advice.  Every case is unique and every outcome will vary depending on the facts and legal issues of the case.  You should not make any decisions about any legal matters without consulting an attorney first.  The use of this information on this website does not form an attorney/client relationship with the Vitelli Law Firm or its attorneys.  You are invited to contact The Vitelli Law Firm via telephone, fax, or email; however, please be cautious when transmitting confidential information over the internet.

 

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Adoption FAQ

1. How long is the process for adoption of child?

   Generally, 6 months or longer.

2. Is it possible to adopt an adult?

   Yes, it would be the same process as adopting a child.

3. How much does an adoption cost?

   General cost is about $5000.00 and can go up from there.   Here at the Vitelli Law Firm we strive to make it cost effective for the client.

4. Are there any fees besides the attorney fees?

   Usually, you will need to pay for criminal back ground check and finger printing.  There may be some costs associated with an attorney ad litem or amicus attorney.  It depends on the nature of your case.
   
   

5. Does my attorney need to be board certified for the adoption?

   No, as in any case your attorney only needs to be licensed with the State and in good standing with the State Bar.

6. My spouse has a criminal history, will this prohibit us from adopting a child?

   Generally no.  However there are certain crimes which will prevent adoption such as sexual assault crimes or crimes involving family violence.  Inform your attorney of any crimes that may be on your record.  You may be eligible for a non-disclosure proceeding prior to the adoption.

7. I cannot find the he biological father but have the consent of biological mother for the adoption, will this stop the adoption?

   The court may appoint an attorney ad litem to try to locate the biological father is this scenario.  The attorney ad litem will then report to the court and parties involved their findings.  If the biological father is not found generally the court will continue with the adoption proceeding.
   

 

DISCLAIMER: This website is designed to provide educational information only and is not intended to be a substitute for legal advice.  Every case is unique and every outcome will vary depending on the facts and legal issues of the case.  You should not make any decisions about any legal matters without consulting an attorney first.  The use of this information on this website does not form an attorney/client relationship with the Vitelli Law Firm or its attorneys.  You are invited to contact The Vitelli Law Firm via telephone, fax, or email; however, please be cautious when transmitting confidential information over the internet.

 

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Enforcement FAQ

1. My ex is not paying the medical bills he was ordered to pay, can I file an enforcement for payment?

   Yes, but make sure that the order you are trying to enforce is clear on how payment should be made. 

2. My ex is not paying child support, can I file an enforcement?

   Yes.  Child support along with medical reimbursement are the most common enforcements filed in family courts.  You can also file for possession and access to your children.

3. Is there a waiting period in filing an enforcement?

   Generally, no.  If the person is violating the order, it is best to file immediately.  However, here at the Vitelli Law Firm, we are very cognizant of our clients financial interest.  If your ex is behind in child support, we make sure that it is a size able amount.  In plain terms, we would not suggest filing a $5000 law suit to recover $2000 in back child support.  Wait it out a little to see if payment is made.  Once the payments exceed $5000 it is then suggested to file and enforcement.

4. Can my attorney ask that my ex pay my attorney fees for me having to sue him/her to enforce our divorce decree? Absolutely!

   At the Vitelli Law Firm, we always ask for attorney fees to be paid by the other party.
   
   

5. Will I be required to attend mediation during my enforcement?

   Potentially yes.  Most courts require mediation to settle the issues out of court prior to any final hearing.

DISCLAIMER: This website is designed to provide educational information only and is not intended to be a substitute for legal advice.  Every case is unique and every outcome will vary depending on the facts and legal issues of the case.  You should not make any decisions about any legal matters without consulting an attorney first.  The use of this information on this website does not form an attorney/client relationship with the Vitelli Law Firm or its attorneys.  You are invited to contact The Vitelli Law Firm via telephone, fax, or email; however, please be cautious when transmitting confidential information over the internet.

 

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Modification FAQ

1. What exactly can you modify?

   You can modify child support, possession and access, or even Holidays.

2. Is there a waiting period for modifying my divorce decree?

   Texas statute states that a modification can be filed after a three year waiting period unless a material and substantial change has occurred.

3. I want to change my last name, is that considered a modification?

   No.  Even though it may not have been requested at the time of divorce, you would actually just file a petition for name change.

4. How much will a modification of child support cost me?

   Depending on your issues, most modifications will cost around $5000.00.  The Vitelli Law Firm will work with all clients regarding financial matters.
   

DISCLAIMER: This website is designed to provide educational information only and is not intended to be a substitute for legal advice.  Every case is unique and every outcome will vary depending on the facts and legal issues of the case.  You should not make any decisions about any legal matters without consulting an attorney first.  The use of this information on this website does not form an attorney/client relationship with the Vitelli Law Firm or its attorneys.  You are invited to contact The Vitelli Law Firm via telephone, fax, or email; however, please be cautious when transmitting confidential information over the internet.

 

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Family Law

Family law is composed of a multitude of areas such as adoption, divorce, enforcement and modifications.  There are even cases of paternity or suits affecting the parent child relationship.   The Vitelli Law Firm handles all these types of cases.  Once you call me I will ask you a series of questions to determine what it is that you are seeking and the best course of action for you.

Family law is an intensely emotional time for anyone.  Whether it is an adoption, divorce, enforcement, or modification it truly takes a toll on a person to make the decision to move forward.  My clients need to know that when they call upon me to fight for their rights in court, I have listened to them, prepared them, and made them feel comfortable.  It is my goal that when the judge makes their decision my client can walk away with satisfaction.  Here at the Vitelli Law Firm we focus on what is best for the client both financially and emotionally regarding taking a case to trial or attempting to other resolutions such as alternate dispute resolutions.  Being a mediator also enables me to discuss the different options with each client individually to better suit their needs.

For further information on each section, just click the links.  Be sure to check out the common questions and answers that have been asked over the years.  The website is always being updated so if there is a question you think that needs to be asked send me an email at sherea@vitellilawfirm.com and I would be glad to review it for future posting.

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Lawmakers look to curb DWI's in Texas

More than 30 states allow law enforcement to operate sobriety checkpoints, and if several lawmakers get their way, Texas could be added to that list.

The House Committee on Criminal Jurisprudence took up a number of bills relating to intoxication offences Tuesday afternoon.

Criminal defense lawyer, Jamie Balagia testified against the checkpoint legislation.

“A little over one percent of the cars pulled over for checkpoints get arrested for DWI.  They arrest them for a lot of other things, but if the goal is to stop drunk drivers, the dangerous and deadly drunk drivers, the roadblock is not the answer,” Balagia said.

Opponents of the checkpoints argue that roving patrols do the job of catching drunk drivers, but Rep. Wayne Christian (R-Nacogdoches) says it isn’t enough.

“It’ll just be another tool in the belt of our law enforcement agencies when they deem it proper,” Rep.  Christian said.

Rep. Christian’s father-in-law was hit by a seven-time DWI offender.

“He was in intensive care for three months, came out and to this day he can’t do the things he used to do,” rep. Christian said.

During Tuesday’s committee hearing, lawmakers also considered an ignition interlock bill.

The bill says that a breathalyzer could be put in the vehicle of first-time offenders.

“It’s less costly to allow people out with interlock devices then it is to lock them in the jail system,” Rep. Christian said.

“If an individual wants to drive drunk, he can just borrow someone else’s car or disable the interlock device,” Balagia argued.

The American Bar Institute, which represents nearly 600 restaurants in Texas opposes the ignition interlocks.

“The proposed interlock mandate fails to target the hardcore alcohol abusers that cause the majority of crashes and instead will force first-time dui offenders, even those just one sip over the legal limit, to install breathalyzers in their cars,” ABI said in a statement.

The bills will need to be voted out of committee before heading to the house floor for a vote.  One lawmaker we spoke with says it may be too late in the session for this legislation to pass.

Let's take the cuffs off Texas kids

Imagine a child as young as six years old arrested for disrupting class. It seems like an unlikely scenario, but it is happening in Texas classrooms and these are not just for extreme, violent circumstances. Most arrests are for nonviolent disorderly conduct offenses.

The number of Texas children receiving Class C misdemeanors is alarming. According to Texas Appleseed data, in just 26 districts, 31,850 students received Class C misdemeanor tickets from 2006 to 2007. By now many have heard of the 12-year-old special-needs student in Austin ticketed for disrupting class for applying perfume after her peers told her she stank. In addition, data suggests that vulnerable groups like special-needs children are unfairly overrepresented in ticketing. African-Americans, and to some degree Hispanics, are also disproportionately represented in ticketing and arrests. Some districts reported African-Americans received double the percentage of tickets compared to their representation in the total student body. I agree with Texas Supreme Court Chief Justice Wallace Jefferson, who said, “More than 80 percent of adult prison inmates are school dropouts. Charging kids with criminal offenses for low-level behavioral issues exacerbates the problem.”

Gone are the days when children were sent to the principal for behavior such as using profanity in class. Today, the courthouse has become the alternative for Texas students who misbehave in school. This early exposure to the criminal court system can have lasting negative effects on young children, who may develop an unhealthy fear of police. Those who enter guilty pleas in municipal and juvenile justice courts end up having criminal records. In those instances when charged, their parents can pay from $60 to $500 in fines. In the case of multiple citations, the costs can be even higher. As many understand, if an adult is not able to afford an attorney in a criminal proceeding, an attorney will be appointed. This is not the case, however, for children in juvenile criminal proceedings. Parents are incurring additional costs to defend their children. These offenses are also expending resources and taxing the criminal justice system. In a time of limited resources and budget cuts, the state should not be wasting time and money. The state’s resources could be better spent on adequately funding education.

This increased rate of ticketing and arrests of students for nonviolent, nonsexual and nonharassing behavior is creating a pathway to prisons for these children. Disruption of class and disrespect of teachers and students is inappropriate behavior and should not be tolerated in Texas schools. However, not tolerating this behavior does not mean we should treat our children like criminal suspects.

Children should be reprimanded for bad behavior and schools should be armed with the tools to do that. So if we eliminate the option to criminally charge children, what is the solution? Schools should first rely on their student code of conduct for small disruptions, such as using profanity in class. For more serious offenses, alternative disciplinary schools could be an option. One of the most effective tools would be positive behavioral support programs, which have been shown to reduce disciplinary problems. Additionally, police officers are trained in law enforcement and not necessarily focused on children’s educational development. There is a need for police officers in schools to apply educational philosophy with a law-enforcement ethos, so that behavioral issues in schools are more appropriately addressed. Special training for school police officers should be required that would help them differentiate between behavior that is characteristically immature for a particular age group versus behavior that warrants a law-enforcement response. Training school police officers about child behavior and de-escalation techniques, peer mediation and school-based alternatives should be considered for more serious offenses. As a last resort, when Class C misdemeanor tickets are issued, amounts above the administrative court fee should be returned to the schools to set up mediation and anger-management programs to help children with severe behavioral issues.

House Bill 3758, which is being heard in the House Public Education Committee today, will prohibit the issuance of certain Class C misdemeanor citations to children who are 12 years old or younger. Children 12 and younger, whose behavior is nonviolent, nonsexual and nonharassing, should be dealt with in schools with behavior modification and not in the criminal justice system. We must find a way for zero tolerance to meet with common sense for the sake of Texas children.

Giddings, D-Dallas, represents Texas House District 109. She is the author of HB 3758.

Texas House approves increasing speed limits

They say everything is bigger in Texas. How about faster? The Texas House approved a measure that would raise speed limits to 75 mph on major divided highways. The bill would also eliminate night time speed limits. Currently, cities are barred from setting a speed limit higher than 60 mph on highways, and counties with large populations must keep speed limits under 70.

If the bill passes the senate and becomes law, the insurance industry will have to decide if they will raise premiums.

“When there is an increase of occurrences, accident, then rates go up. Conversely, and it happened before, when there are fewer accidents the rates go down,” said Leake.

Danny Leake, a Lubbock State Farm Insurance agent, says most people have a mind set of what folks feel safe driving and won’t go any faster.

“Some people are comfortable with that 70 and you can increase it to 90 and some people wont drive any faster than the 70 that they are presently doing at this time,” said Leake.

Although many drivers are excited about the increase speed limit others think it’s not such a good idea. Lubbock residents chimed in:

“Well there are too many young people on the road that don’t need to be driving 65 much less than 75.”

“I think that’s too fast.”

“The faster you go the more gas you use.”

“It’s going to hurt the gas mileage too. I drive 65 even though it’s 70 and I get 2 miles a gallon better gas mileage for doing that.”

Increasing gas prices may slow some people down, but Leake thinks safety has to be the number one priority.

“If in fact speed kills, we don’t get there then. It might help us get there a little faster, but one day we might not get there at all,” said Leake.

Whether you’re for increased speed limits or against, either way it’s safe to say Texas may soon be the fastest state in the United States.

Texas Legislators Deliberate Ban on Text

Texas Legislators Deliberate Ban on Text Messaging While Driving

Texas lawmakers have proposed no less than 10 bills for the 2011 legislative session banning texting while driving. Texas passed legislation in 2009 making it illegal to operate any kind of a cell phone — including hands-free devices — for anyone under the age of 18. However, no state law bans texting for all drivers, and handheld device use is legal for any driver not in a school zone. All of the 10 bills would ban texting while driving, and one of the bills currently under consideration also proposes banning motorists from talking on handheld cell phones on all roads.

Many Texas cities, among them Dallas, San Antonio, Austin and El Paso, also have laws restricting cell phone use in city limits. All of these cities ban texting while driving, and some prohibit handheld cell phone use.

A motorists who texts while driving is 23 times more likely to get into a car accident, a Virginia Tech Transportation Institute study found, while dialing a phone makes it six times more likely.

The Chances of Any Bill Passing Is Still Uncertain

It is not clear that any of the bills will pass. Critics say that it is difficult to ban one form of distracted driving, such as texting, but not other forms, such as eating or grooming. Additionally, while there seems to be broad public support for bans against texting while driving, many motorists admit that they will occasionally text and drive. Because of this, much of the public is not overly eager to pass legislation prohibiting texts.

Enforcement of Potential Bans Problematic

There is also question of enforcing the texting bans. The city bans have met with mixed results. According to city police, in Missouri City, only 5 citations have been issued, and 11 in Galveston. However, in El Paso, where all handheld cell phone use is prohibited, police issued almost 6,500 tickets in the first year of enforcement. It banned cell phone use on April 1, 2010.

Distracted driving is a danger. Even if a bill does pass, it is unclear how well police could enforce the ban. And there are many ways to drive distracted, such as eating or talking with passengers.

If you have been injured in a car accident involving a distracted driver, contact a local personal injury attorney to discuss whether you can be compensated for your injuries.