Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody usually refers to a combination of physical custody and legal custody. Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children. If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts. When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself. When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to. ; The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move. This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child.

These so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years. While the best interests of the child have always been central to the decision, the uncertainty has made this area murky. Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments. ; Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge. Child support is usually determined by state-sanctioned guidelines.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Adoption:
Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family.  Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support and other legal matters.  In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed and the court orders the issuance of a new, amended birth certificate.

Divorce Mediation:
The basic attitude marking divorce mediation is a focus on solving problems, not fighting the fight. Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation. The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants, often without having to compromise one’s own.

While no two situations are alike, the emphasis in a mediated approach is to achieve a satisfactory settlement in an efficient, cooperative manner. This might include "four-way" settlement conferences where the parties meet along with their divorce mediation lawyers to work on a settlement. The philosophy of Divorce Mediation is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial.

Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.

Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on divorce settlements, property division, child custody, child support and the ability to move out of state. Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided. Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings. However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate. If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married. This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage. Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.

A factor that cannot be stipulated in a prenuptial agreement is child support. A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support. Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation.

If you or a loved one needs the help of an experienced San Antonio, Texas Family lawyer, call Carlos I. Uresti today at 866-615-3450, or complete the contact form provided on this site to arrange for a free consultation.

"The Blue Ribbon Task Force is dedicated to the idea that every child should get a fair chance at life, free of physical and mental abuse, hunger and neglect. It also recognizes that child protection is a responsibility that everyone in the community must share — that in this cause, each child is our own. By providing the information and resources that help make families strong and healthy, the task force and its volunteers look toward the day when all children can live without harm."

-- Carlos Uresti

The death of Jovonie Ochoa, a four year-old boy starved to death by his grandmother, motivated Carlos Uresti to form the Blue Ribbon Task Force. The mission is to combine local community leaders, organizations and volunteers to form a coalition to advocate for children, offer parental support, and educate the public about the prevention of child abuse and neglect.

The Force has gained many members since its beginning, and educates through the use of billboards, posters, literature, radio and television ads, and community events throughout Texas.

Update: The Blue Ribbon Task Force is going statewide, thanks to a bill passed by Sen. Carlos Uresti in the 81st Texas Legislature this year.

Senate Bill 2080 creates a nine-member task force — appointed by Gov. Perry, Lt. Gov. Dewhurst and Speaker Straus — that will develop a strategic plan to combat child abuse and improve child welfare. The plan could include specific statutory changes, new programs and methods to foster cooperation among state agencies and the state and local governments. It will ensure that the agencies most responsible for children get a top-to-bottom review of their policies, procedures and resources.

There is little doubt that Child Protective Services needs more financial resources to wage this battle, but other problems can be solved simply with better communication and coordination among state agencies, service providers and child advocates. Some problems can be solved with new approaches, new policies and new laws, and that is what the new task force is designed to do.

If you or a loved one needs the help of an experienced San Antonio, Texas Family lawyer, call Carlos I. Uresti today at 866-615-3450, or complete the contact form provided on this site to arrange for a free consultation.

If you or a loved one needs the help of an experienced San Antonio, Texas Family lawyer, call Carlos I. Uresti today at 866-615-3450, or complete the contact form provided on this site to arrange for a free consultation.

ADDRESS OF THE FIRM:
Uresti Law Firm
924 McCullough
San Antonio, TX 78215
Phone: 866-615-3450
Hours: M-F, 8:00AM-5:00PM

MEMBERS OF THE FIRM:

• Attorney Carlos I. Uresti

Carlos Uresti is a native Texan, born and raised in San Antonio. He is the youngest of eight children, including his twin brother Larry. At an early age, Carlos recognized a greater calling to serve others and he has pursued that interest through several different avenues during his lifetime.

After graduating from McCollum High School, Carlos enlisted in the U.S. Marine Corps Reserves at the age of 18 as a Private First Class. He earned a Bachelor’s degree in Political Science and a Teaching Certificate from St. Mary’s University, and was then commissioned as a 2nd Lieutenant. Carlos rose to the rank of Captain and earned the Navy Achievement Medal during his four years of active duty as a combat engineer. Since graduating from St. Mary’s University School of Law in 1992, he has been in private practice in San Antonio, currently with the Uresti Law Firm.

A 1997 special election to the Texas House of Representatives opened the door to state politics for Senator Uresti. He served in the House for nine years and was the chairman of the Committee on Human Services during the 78th Legislature and the Committee on Government Reform during the 79th Legislature. With his reputation as a fighter for children, seniors and veterans, Uresti was elected to the Texas Senate in 2006. He is vice chairman of the Administration Committee, vice chairman of the Agriculture and Rural Affairs Committee and sits on the Health and Human Services Committee and the Natural Resources Committee. He has received more than 90 awards and recognitions, including five Legislator of the Year awards for his efforts to combat child abuse.