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Our Practice Areas

DIVORCE & PreNuptial Agreements

Litigation Lawyers Dallas Collin Denton County Trial Attorneys Jury Trials Experienced Bench Cases

Divorce, Common Law Marriage, Separation


At SGMS Law, PLLC, our experienced Team is here to assist you through the emotional process of getting a Divorce. Our Firm offers a large number of Divorce related legal services. Serving Dallas County, Denton County, Tarrant County and Collin County, our Firm has one of the best track records of wins in the DFW Metroplex, including McKinney, Plano and Frisco, which are in Collin County, TX, and we carry an A+ BBB rating.  There are many Divorce lawyers in the DFW Metroplex, but they are not of the caliper of the Lawyers at our Firm. The Divorce Attorneys at our firm are highly experienced in handling complex Divorce matters and in litigating Divorces before the Court or a Jury, including Child Custody disputes, Property Division Disputes, performing Estate Audits, and litigating Custody Evaluations.  Our Team members care about you and we listen to your desires.


Going through a Divorce is usually a very difficult and emotional process, and in most cases, a Divorce brings about several legal actions that will affect your life and the life of those around you. When dealing with a Divorce, especially when there are children or property involved, or if the matter is in dispute, it is best to retain a qualified and experienced Divorce attorney who will work with you to protect your rights and interests and who will minimizes the issues as well as the additional stress and anxiety that your Divorce can bring about. In the end, we want to assist you in carrying on with your normal activities with the best possible outcome. Our skilled Divorce Lawyers will inform you as to how we will file for your Divorce, or Respond, in Texas and, we will advise you of the necessary Filing and Service that takes place in a Texas Divorce, in order to facilitate the process.


How to File for Divorce in Texas?


At SGMS Law, our Divorce Lawyers focus our attention on you and your desires. We take the time to listen to you, to respond to your telephone calls and emails and we will be available to discuss your concerns and your situation throughout the litigation process, whether you are facing a contested divorce or an uncontested divorce. 


At SGMS Law, our Divorce Attorneys will structure a strategy that will bring about the best successful result to your case possible, and we will employ a strategy throughout the course of your proceedings so that your issues are resolved to the best of our ability. 


The experienced attorneys of at SGMS Law, know the law and they know how to litigate your Divorce matter.  Our Team is fully prepared to handle any complex issues that may arise during the course your divorce proceedings, including:

  • Divorce (with or without Children)
  • Custody Litigation
  • Uncontested and Contested Divorce
  • Complex Litigation Divorce
  • Property Division
  • Real Estate Division
  • Forensic Accounting
  • Spousal Support
  • Allocation of Debt
  • Domestic Violence and Defense
  • Protective Orders
  • Prenuptial Agreements 
  • Challenges to a Prenuptial Agreement (need link)
  • Common Law Marriage and Divorce
  • Annulments
  • Immigration and your rights in the context of a Divorce


Determining the Correct Approach to a Divorce


When you, or your spouse, decide that you can no longer live together as husband or wife, emotions run high and in spite of your best combined efforts, disagreements will occur during the divorce process.


No one divorce goes through the exact same process and not all divorces are amicable. At SGMS Law, our Attorneys are very aware that going through a divorce, like being married, is a unique experience and it may take time to work through the issues in order to reach an agreement as to property division, child support, who will have custody of your children and as to the division of your debts, and so that a final order can be entered. Our divorce attorneys are experienced. We will work with your spouse’s attorney (or your spouse) to bring all issues to the fore-front so that an agreement can be reached amicably and so that the divorce process can be expedited, as quickly as possible. However, in the event of a disagreement, our divorce lawyers will work through the issues and suggest alternative methods in reaching an agreement, such as going through the mediation process, and if that does not work, our Lawyers are experienced in going through the litigation process including Jury Trials. With the founders of SGMS Law, both being certified and trained Mediators, our Firm will ensure that your rights are protected during the Mediation process and that your issues are brought to the table. In addition to this, with their mediation skills, our Team will be able to make sure that your issues and requests are brought to the forefront of the matter, and not swept under the rug. And, if you and your spouse cannot make an agreement by alternative settlement methods, and if your case requires going through the complete litigation process, our attorneys at SGMS Law, will be prepared to properly litigate your Divorce and we will move forward in the litigation process and litigate your case aggressively. Our Lawyers understand that there is no one solution that works for everyone and our well-trained Divorce attorneys are prepared for all eventualities.


Issues in an Uncontested Divorce


Clearly, for most couples, an uncontested divorce is a much better option, rather than fighting between the parties, both emotionally and financially. However, even though neither party is disagreeing as to how things should be divided or handled, this does not mean that you should not be without legal representation or legal counsel. If you have an uncontested Divorce, our Divorce attorneys at SGMS Law, will ensure that the proper documents are filed and orders are properly entered with the Court. We will review your agreement, your family situation and your assets and debts and we will make sure that your interests are protected, not only as to any settlement made, but we will also ensure that the final Decree or Order entered is drafted is and or was prepared correctly. The attorneys at SGMS Law will draft and file the appropriate documents with the court in keeping with your settlement and we will make sure that the Divorce process goes as quickly, as smoothly and as painless as possible, so that you both can get on with your lives.


When a Divorce is Contested


Unfortunately, when a marriage is ending in a divorce, and that divorce is either not welcomed by one of the parties or both, there are issues to be resolved regarding disputes over your community property, your debts your estate, your saving, your retirement accounts, and/or your your minor children.  There will be many hurdles to overcome during the divorce process, especially if it is contested, and before any settlement of your marital issues can be reached and before the parties can move forward, these issues MUST be resolved. The differences in a Divorce can be significant and can include disagreements over parenting time with your children, child support, legal decision-making regarding the children and division of eligible property and debts. In each of these areas of the law, there are specific requirements, in order to determine how a division is to be obtained; how child support is determined and who will pay it; as to whether spousal maintenance is available or not; and, as to what qualifies as community property or what qualifies as your community estate.  SGMS Law, as an experienced Divorce Law Firm, our Attorneys know the law and they stay up-to-date on changes in the law, so that your rights will be protected, every step of the way.


Experienced Divorce Attorneys


Regardless of whether your divorce is contested or uncontested, we recommend that you hire a QUALIFIED Divorce Attorney who will protect your rights and your interests, who will listen to you, who will ensure that your rights are protected and if you have children, one who will ensure that your parenting rights are protected. At SGMS Law, our Divorce Lawyers will take the time to ascertain all of your facts, we will aggressively represent you, we will take the necessary path to reach a successful resolution in your matter, we will include you in your Divorce decisions, and we will protect your rights and interests, while listening to what you have to say.

 

How to Get Custody of A Child During a Divorce in Texas

Our Facilitative and Proactive Approach


At SGMS Law, we strive to help our clients obtain an amicable divorce, when possible, while fully preserving your financial and parental rights. Resolving disputes as amicably as possible is particularly important in cases involving minor children.


We pride ourselves on helping clients steer clear of long and expensive legal disputes, when possible, and find alternative means of dispute resolution. We take time to understand our clients’ views and to communicate them in a way that facilitates effective resolutions to legal disputes.


We understand, however, that parents may have strong disagreements about what is best for their children. While we work diligently to resolve these custody disputes, we also prepare meticulously for the possibility of trial. If you and your spouse are not able to reach an agreement on a custody or visitation matter, if you are one of our client's, you can be confident that you are in the hands of skilled and seasoned trial lawyers who will ensure that your rights are vigorously protected and that we give you the best possible representation.

 

Post and Pre-Nuptial Agreements


Pre-Nuptial Agreements

Pre-nuptial agreements, also known as prenuptial or premarital agreements, are created before a couple enters into marriage or a civil partnership. These agreements address issues such as the division of property, spousal support, inheritance rights, and other financial matters in the event of divorce or death.


Post-Nuptial Agreements


Post-nuptial agreements are similar to pre-nuptial agreements, but they are created after a couple is already married or in a civil partnership. These agreements serve the same purpose of clarifying financial rights and responsibilities but are executed during the course of the marriage.

While not the most romantic topic to discuss before a wedding, a prenuptial agreement can provide each partner with legal protection, or the division of assets, in the event of separation or Divorce. This document is especially important for couples who may wish to protect assets for children born from a previous marriage or to protect assets or income accrued before and during the marriage, that they do not want to share with their upcoming spouse, and requiring written permissions in order to cross those agreement boundaries. Texas family law stipulates that all prenuptial agreements must be in writing to be considered valid and enforceable. Both parties must also agree to the documents terms, and sign and be fully informed of what they are signing, before and after the Marriage.


What Can Prenups Protect?


Prenups protect separate property and possible future community assets, and the ability of individual partners to make decisions regarding that property. This is particularly important with regard to family heirlooms, family money and items owned by one party prior to marriage. Divorce Law and Family law does not mandate the distribution of heirlooms.  As such, you must specifically annotate how that property is to be divided in the event of divorce or death.


A Prenup will outline the financial obligations and responsibilities of each partner. It can also address the choice of religion or residence or residence location in regards to living arrangements and upcoming children, as well as provide for monetary settlements should one spouse commit adultery or file for divorce. It can also state the choice of venue if you divorce.


What Property Do Prenups NOT Protect?


No legal contract or agreement can supersede state Family & Custody Laws, such as those laws regarding child support or child custody.  Additionally, legal agreements cannot protect against criminal activity. For example, if the state finds that one spouse purposely withheld information before or during the marriage or acted in a way which defrauded their partner, the courts may hold that the prenuptial agreement is not valid due to illegal activity.


Can a Pre-Nup Mandate Child Support or Child Custody?


As stated above, a Prenup cannot govern the amount of child support awarded or child Custody. All child support must meet the guidelines of the state and a pre-nup cannot dictate custody terms or child support terms. While it may be possible to establish educational requirements for children produced during the course of the marriage in the PreNup, these provisions will in no way negate the legal obligations of state mandated custody and child support laws.


Lastly, Your prenup may be considered invalid if both parties did not enter into the agreement with full disclosure and, without a legal counselor advising BOTH PARTIES before the marriage as to what terms are in the Prenuptial agreement. Both parties must enter into the prenup willingly and knowingly and with the full understanding of all the legal terms and requirements of the agreement. It is best that each party have their own counsel when reviewing the agreement; however, a waiver can be filed by the non-drafting party, should they choose to not seek legal advise and have not been coerced into signing the agreement.


Divorce Custody or Spousal Support Modifications | Family Law Orders


For a consultation regarding the MODIFICATION of Child Support, Child Custody or Divorce Orders. PLEASE contact one of our Attorneys at SGMS Law, by telephone, as we are only taking very few select modification cases.


Divorce in Dallas Texas Fort Worth Tarrant Collin County and Denton Waxahachie, Coppell


Divorce laws in Texas can be challenging and stressful.  If you are filing for divorce in Texas, if you are considering a divorce, or if you have any questions regarding the divorce process, your children, child support, property division, spousal maintenance, domestic violence, OR If you need a Pre-Nuptial Agreement Reviewed or Drafted, please contact our Firm by email or telephone.

For more information, we can be reached by calling (214) 207-0878 or you can email us through our "contact us" page or Contact links on this website. Thank you from our Team!

Email a Member of our Team!

Family Law, Child Custody, LGBQT Rights, Paternity, Adult Adoption and Minor Adoption

Our Teams Lawyers and Attorneys 25 Years Qualified Legal Experience Dallas Collin Denton TX County

Family Law, Child Custody, Modifications, LGBQT Rights, Paternity

 

The Family Law, Paternity, Minor Adoption, Adult Adoption and Child Custody Lawyers at SGMS Law, PLLC, are experienced and equipped to handle all types of complex Family related matters, and they practice in Texas locations surrounding Dallas County, including: Plano, Denton, McKinney, Frisco, Waxahachie, Coppell, Arlington, and, Ft. Worth. Our Team's Attorneys will be there to advocate for your rights and we will protect your right and your children’s right's and interests, whether you are personally involved in the process/matter or not. 

If you are involved in a Custody battle, our Family Law Attorneys will ensure that you and your children come first. That is why we work diligently with you, to ascertain all of the facts that support your side of the situation, and so that we can present that evidence and the facts to the court.  We will listen to what you have to say and gather the evidence that we need in order to properly apply our best strategy in court.  We will work strategically to meet your legal challenges and we will work to ensure that you end up with the best possible resolution to your matter.  We like winning and we like it when our clients win, and we have an EXCELLENT track record of wins. Our Team's goal is to ensure that your needs are met and that your rights are fully protected under Texas law.

In Family law matters, one of the most concerning issues that is brought up by those who come to our Firm for an initial consultations, is the cost of litigation. Although no attorney can predict the cost involved in litigation or in litigating a contested custody battle, or say exactly what will happen in any one case, we do know the our Firm's process and our lawyers will handle your child custody and family law case as efficiently as we can, of course we cannot control the opposing side churning the bill to drive up legal costs, but we will use Civil procedure rules to move the case forward as quickly as we can. Our attorneys will work to keep your costs down by trying to pursue early negotiations so that the costly litigation process is avoided. The next issue potential client's bring up is that previous lawyers they retained, do not listen to them or to their requests and they do not include them in their own case, and of course they express that their outcome was not positive.  At SGMS Law, our Family law attorneys will take the time to listen to what you have to say and we will take into considerations your directions, goals and desires and we will include you in your case. We will also return call or take your calls whenever we can. Yes, you will be billed for our time, but we are respectful of that time and so should you be. 

At SGMS Law, our Lawyers do not neglect things or sweep them under the rug. We work diligently to get you the best possible outcome and we will also work to resolve your issues as quickly as possible.  Our client’s are important to us and we understand that you are spending your hard earned money to employ us.  We do not take that fact lightly and we ask in return that you take care of your obligations to our Firm, as to the Fee agreement that you enter into with our Firm, and, in paying your current invoices.  As for the litigation process, we do not file unnecessary Motions or Pleadings or churn the bill so that it ends up costing our client’s double what should be spent (as other firm's will do), and, we will call the other firm's out for this behavior, but again, there is nothing we can do if the opposing side papers our client's with civil procedure and litigation actions. What we will do is diligently protect you in all of their actions, and we will be aggressive when needed. Yes, this is the part of litigation that most people do not care for! As for the money spent, money can be best spent on finding other solutions to resolve your matter.  However, we will respond to any Motion or Pleading or form of Discovery that is waged against you and we may need to turn aggressive when other methods of negotiation such as mediation, and having a custody evaluation performed, do not work.   We will also be there for you if the case does not settle and we need to go to trial and we will continue to work at achieving a resolution to your matter all the way up to the trial date, as necessary. At SGMS Law, our Attorneys approach is simple: Make sure that we cover all the bases, provide our clients with the information and service they need, provide the opposing party with the information they need to make a proper settlement, and properly and effectively communicate with our clients, the court and the opposing side, so that we can end up with a successful resolution to your matter.


How Our Family Law, Child Custody and Paternity Attorneys Think


At SGMS Law, our Family Law, Paternity and Child Custody Attorneys think “out-side the box.”  Our primary objective is to ensure that your case reaches the most expeditious and the best possible successful resolution, with as little animosity as possible. We work strategically with you and our staff to determine the best way to get you there.  We understand family law and we know the law.  Therefore, when you are dealing with a family law matter involving children or a divorce with a custody battle involved, or if you are fighting over a child born out of wedlock or fighting over property, we will be there to give you the guidance that you need and we will be there to represent you before the court and to the opposing party.  We will be your voice in the complicated process and we will work to ensure your issues causing tension, get resolved.

Our Family Law, Child Custody and Paternity Lawyers in Dallas County, Collin and Denton County, and Tarrant County understand that if your issues can be resolved as quickly as possible and through amicable means, that the parties will end up in a much better position as time goes on. We understand that your money will work best if it goes to your family but there is nothing we can do if the other side wants to fight, except prepared and work to win against them in court. The best strategy is being prepared!  For example, if your children are young, having a resolution occur in the most amicable way possible, especially as there will be many years after the case is finalized where you and the opposing side will have to be involved with each other, will ensure that you have less stress and that your children grow up and become contributing healthy adults with their parents working together rather than fighting during and after the litigation process. However, if the opposing party is not fit to have custody of the children, or if tensions continue and things cannot be resolved between you both, our attorneys will be there to ensure that you and your children’s interest are protected and that orders are put in place to protect you and the children’s best interest, as they grow up.


The range of Family Law matters that our qualified and experienced litigators and support staff offer include:

  • Divorce with Children
  • Uncontested and Contested Divorce
  • Complex Litigation Divorce
  • Property Division
  • Protective Orders
  • Domestic Violence
  • Child Visitation
  • Child Custody Modifications (e.g. custody, visitation, child support)
  • Complex Modifications (e.g. jury trials and appeals)
  • Paternity and LGBTQ Custody Issues
  • Custody Rights of Fathers and Mothers
  • Grandparent Visitation and Custody
  • Adoption
  • Post and Prenuptial Agreements


Our highly skilled Team of Lawyers at SGMS Law include Family Law attorneys who are also Litigators and who understand the law and going to trial before a Judge or a Jury, if need be; Our Attorneys understand what documents need to be drafted and filed with the court and we know when they need to be filed or when they should have been filed so as to seek Summary Judgment or Dismissal or a Default Judgment against the opposing side.  The dedicated attorneys at our Firm also know what to plead in regard to your issues and defenses, and if you situation is complicated, they will research the best possible options, and then discuss those options with you so that we are representing you in the best possible manner and so that the best possible relief can be granted to you.  Our attorneys will draft a Motion and set a Hearing immediately, if necessary, and we will mediate, the matter if the other party is amicable to mediation or if the court orders mediation to take place.


Our experienced Child Custody Lawyers understand that if you have previously worked with other law firms and if the attorneys did not care about your case, you may feel that our firm will be the same.  However, that is simply not the case at SGMS Law, our qualified attorneys will work with you to understand your needs and desires and we will advocate those needs and desires to the other side in the form of goals which we will set with you, and we will litigate those needs and goals before the court, if need be.  We will work to ensure that our representation of you in the legal process, is for the most part, positive.  We will  keep you in the loop so that you can assist us in making sure that we are on the right track with your defense, and if needed, we will change direction together, should new issues arise. At SGMS Law, our Dallas, Plano, Frisco, McKinney and Denton TX  Child Custody Attorneys are fully prepared to assist you, whether you are seeking sole custody or joint custody and, if needed, we will seek and present a proper Affidavit to the court for the issuance of a Protective Order.  Our attorneys will assist you, whether your case is new, whether you are transferring from another firm; or whether you are modifying a previous Order that has not resulted in a positive outcome or needs to be changed due to circumstances.  Our experienced attorneys will work diligently with you to build and present your case and we will gain your trust and work to meet your goals.


More Complicated Issues


At SGMS Law, our Team of Child Custody and Paternity Family Law Lawyers including, Dallas, Ennis and Parker County Texas understand that not every case can be easily settled, especially when there are children involved or property that the parties are fighting over, including child support, and where the parties are not in agreement. Many times, in complex matters, there are income, business, tax, legal decision-making or visitation issues that are outside the norm, and which keep the parties from settling and or entering into a settlement agreement that can finalize the matter and allow orders to be drawn up and entered with the court.  If you are faced with this dilemma, our experienced Attorneys know the law, we know how to analyze financial situations and we know how to litigate – Call our Team TODAY!   

When we cannot settle your case through mediation, or other means, we are fully prepared to gather evidence and present it to the court by setting a hearing and attending the court hearings on your behalf, ascertaining testimony from witnesses, subpoenaing documents, subpoena witnesses, preparing disclosures and discovery and litigating as needed.  We know how to do it all and we do it well. And, if necessary, our Dallas attorneys, including Waxahachie and Rockwall Texas, are experienced in trial litigation and in being first chair before the Judge or in Jury Trials and in litigating your matter in court.

Our Firm’s goal is to provide you with efficient, personalized and professional service, while we protect your rights; and to maintain a professional stance with the opposing party in your matter (former partner or spouse), their attorney and the court. 


IF you are involved in a complex litigation matter and you are NOT getting the representation you need, or if you foresee having to deal with a complicated litigation matter regarding disagreements over property division, child support, child custody, paternity or legal decision making, we are your Law Firm and we will be there for you.  We also have an excellent track record of wins and when you win, we win! and we know how to win! 


Protecting Your Interests


At SGMS Law, PLLC we have successfully litigated and negotiated hundreds of cases with a positive outcome for our clients and in the litigation process, we know that regardless of what your situation is, your rights must be protected each step of the way and we will be there to protect you and your family.  If your attorney is not listening to you, or if your case is not going in the direction you thought it would, our Family Law and Child Custody attorneys will take over, file to substitute counsel and we will take over your case and we will work to get your case back on the right track. We will also file an appeal if necessary, should an appeal be an available option to you in your case at that time.


When it comes time to protect you and your family’s interests, call or email our firm. Whether the issue be your parental rights, your income or your property, we will be there to listen to you and to protect you.

 

Visitation or Child Support Changes


Anyone seeking the Modification of a child custody order or a visitation order and you need to consult with one of our experienced child custody lawyers who can review the facts of your case and help you make an informed decision about how best to proceed, please contact our Firm, however, we are only taking limited client's who are seeking to modify prior orders.


To obtain a Modification to a visitation or custody order, the moving party must demonstrate a "Substantial change of circumstances" or an "emergency situation" since the entry of the previous court order. The moving party must also demonstrate that "any proposed change is in the best interest of the child." Our attorneys are experienced in overturning Orders that were previously entered. Send our Firm and Email or give us a call and we will review your matter and let you know our opinion as to your probability in changing your existing order.


Move-Away Disputes


In Texas. like, Arizona, the court has the authority to restrict a custodial parent from moving to a new state or moving to a new location that is a significant distance away from the current jurisdiction, where the other parent resides. If a jurisdiction is designated in the order, and the custodial parent wishes to move, this move will affect the visitation rights of the non-custodial parent. In fact, even if your current order is void of a jurisdiction limitation, the custodial parent will still need to seek authority from the court in order to move, unless there is proper language in the current order specifically allowing the custodial parent to move to another jurisdiction and setting forth arrangements for travel. A custodial parent who wishes to move to a new location must either obtain the agreement of the non-custodial parent in order to move or they must seek permission from the court, and either way, new orders will need to be entered with the court, which detail how and when the child(ren) will see the non-custodial parent.  If the custodial parent moves with the child, without first getting permission from the court, the custodial parent could lose custodial custody of the child. 


Before moving to another jurisdiction with your child, please retain one of our qualified family law attorneys, so that they can file a petition to modify the current order as to residential jurisdiction and request permission from the court.

And, if you are involved in a move-away dispute, and you are the non-custodial parent, our firm can be retained to represent your custodial interests before the court. 


Many non-custodial parents feel they will lose in court on a jurisdiction move, so why bother, but this is NOT true.  Our experienced family law lawyers can file a response or a Petition, if the parent moves without permission, to oppose previous jurisdiction. An Injunction can also be sought, which would possibly bring the child back to the previous jurisdiction, and our Firm will work diligently to obtain this action, as well as to obtain additional rights for you with the child. And, even if the child is allowed to move, child support can be reduced or travel fees can be paid by the other parent. You will not know what the court will do or what will happen until you file a response to oppose or file modification request to move, or file an emergency Petition to bring the child back, UNTIL you have the hearing before the Court. Our Team's qualified child custody attorneys can help advise you as to the circumstances and the types of situations that may warrant relocation and how to defend against a move. If the parties do not agree, our experienced family law lawyers can guide you through the modification process, which will include a social study to determine whether relocation would be in the best interest of the child(ren) and possibly a trial on the merits. A qualified family law lawyer will protect your rights and he or she will advocate on your and your child’s behalf throughout the social study, mediation process, negotiations for settlement and at the final hearing before the court, should this be necessary.


Contact a Texas Family Law Attorney


Regardless of the Family Law matter that you are dealing with, our family law attorneys at SGMS Law, PLLC are ready to be of service to you and your child(ren).  Please call us today at (214) 207-0878 or email us to discuss the specifics of your case.


Child Custody Modifications


If you have already been through a Divorce with Children or a Child Custody or a Paternity matter, and you need assistance in modifying the current custody orders entered with the court, please contact us at SGMS Law, PLLC via email or phone at 214-207-0878, for assistance. One of our experienced Family Law Attorneys will be happy to review your current order and the facts of your case in order o determine the best way to proceed based and to reach your goals.  Thank you!

Contact Our Team to Learn More

Business Litigation & Contracts

Probate Law, Estate Planning, Wills & Trusts

Our Dallas Collin Denton Tarrant County Texas Civil Litigation Lawyers Know the Law

Business Litigation

  • Civil Litigation & Settlements
  • Commercial Litigation
  • Contract Law & Contract Enforcement
  • Drafting Contracts
  • Contract Dispute Resolution 
  • Trial Litigation
  • Dispute Mediation and Arbitration
  • Business Law
  • Business Litigation
  • Business Formation


Dallas Trial Litigation and Business Litigation Attorneys


At SGMS Law, PLLC, Our experience Team of Contract and Business Lawyers offer experienced Trial Litigation and Litigation services to clients throughout the Dallas-Fort Worth Metroplex and surrounding areas. Our Trial Litigation and Litigation attorneys are committed to helping clients resolve their legal matter effectively.

 

Dallas Business Litigation Attorneys


Our Business Litigation Attorneys at SGMS Law have extensive experience in commercial litigation, business litigation and business law. As experienced trial attorneys and Certified Mediators, the founders of SGMS Law understand the opportunity, cost (financial and otherwise) and protections that need to be in place in order to avoid litigation, the cost of litigation and the effect that litigation can have on business operations, now, and in the future, and the steps to take in order to run a successful business and avoid litigation.


Whenever possible, our Business Law Attorneys at SGMS Law will seek to settle business disputes through negotiation or mediation in order to avoid the costly litigation process. That being said, our experienced litigation attorneys also know that sometimes these legal options do not work, and then, litigation becomes necessary, as the only option. For this reason, we thoroughly prepare you and your case so that your arguments and your evidence can be presented to the court or the jury at trial.


Our Team of qualified Attorneys will analyze your situation; research your matter and then advise you as to our legal assessment including whether seeking resolution of your business dispute at trial, is worth the cost and risk. Our Business litigation lawyers will also determine if entering into a settlement attempt during or before trial is in your best interest, and we will vigorously work to pursue a successful outcome of your case so that the outcome protects your business’s interests.


To contact our experienced business litigation lawyers at our Dallas, Texas office call 214-207-0878.


Commercial Litigation Lawyers in Texas, and Dallas and Commercial Law Attorneys


Our attorneys at SGMS Law have a strong record of success in commercial litigation, business litigation and the resolution of Business Disputes. Our trial attorneys provide effective analytical and litigation support to individuals who represent and own small businesses and large businesses, including representation in the following areas:


  • Commercial Contract Disputes We will preserve your business interests in all disputes arising in a commercial relationship governed by contract.
  • Employment Contracts Our contract lawyers will prepare contracts, agreements and other legal documents related to employment, including non-compete agreements, covenants not to compete and confidentiality agreements.
  • Business Violations  and Legal Intervention  Our commercial litigation lawyers will protect or defend against wrongful business actions for which legal action may be necessary taken.
  • Fraud – This occurs when Taking legal action is necessary in order to prevent fraud or a deception and to stop unfair or unlawful gain and right a wrong. Fraud can be a civil wrong or a criminal wrong. Defrauding people or organizations of money or valuables is fraud.
  • Unfair competition  When a competitor engages in unfair competition or steals your business legal action may be necessary to regulate the competition
  • Breach of fiduciary duties – This occurs when obligations resulting from a professional relationship have not been met such as the responsibilities of a broker to an investor or a real estate agent to a homebuyer – essentially, when the person who owes a duty and they do not act in the best interests of the beneficiary.
  • Partnership and shareholder disputes – This involves disputes between partners, as well as those brought by shareholders of a corporation, which may include disputes over rights between majority and minority shareholders, or appraisal of value of shares.
  • Business dissolution and windup – When your business entity is coming to an end, dissolution o windup is required in order to tie up all loose ends and financial commitments.
  • Injunctive and other equitable relief – In this regard injunctive relief can be sought to stop a damaging process or act. Injunctive relief can be sought to prevent or stop competitor or third-party’s actions that threaten business operations and equitable relief can be sought to compensate for financial and other damage.
  • Intellectual property disputes – protection or defense of these rights include copyright violations or trademark infringement and protection of trade secrets – Understanding the value and importance of intellectual property is essential to ensure the property of a business is preserved.
  • Theft of trade secrets – Filing suit to protect a trade secret such as a famous recipe or a design or manufacturing process that is stolen by an employee and/or sold to a competitor can result in ceasing and returning the secret and awarding possible restitution.
  • Unfair or deceptive business practices and anti-trust compliance – Business dealing that can negatively impact consumers by making fair competition difficult or impossible require swift action to cease, rectify and award damages against the misrepresentation(s) or deception(s) made.
  • Administrative and regulatory compliance – Ensuring full compliance with all relevant state administrative requirements and regulations relevant to your industry and defending against any suit or violations filed.


Discovery Process


At SGMS Law our Business and Commercial Litigation Attorneys thoroughly address all pertinent aspects, issues and defenses involved in your legal mater and we do so by investigating both sides before moving forward with a case. Discovery will be properly served and updated. Discovery is the process by which attorneys obtain crucial information and evidence from the opposing party. Discovery, including serving written interrogatories or conducting depositions, is often the most important part of the litigation process as it aids in preparation for trial. At SGMS Law PLLC, our experienced trial attorneys have the necessary knowledge and experience to serve and respond to the most complex of discovery served and they know how to obtain the necessary evidence through discovery in order to build a successful case.


Proper Pleadings


In the litigation process it is necessary to draft and file proper petitions, counter petitions, answers, pleadings and motions and at times, Injunctions. Our business trial lawyers are adept in issue spotting, researching issues, drafting appropriate pleadings, and serving new pleadings at strategic points during the trial process in order to facilitate a successful, timely and cost-effective result. We understand that the litigation process involves strategy and knowing proper scheduling by order of the court. Our commercial lawyers and litigation attorneys strive to prevent a loss due to a deadline going past without proper actions taken.

 

Unfair Business Practices and Wrongful Conduct


Some of the most common types of business torts that may initiate a legal dispute and provide a basis for suit or damages to be awarded include:

  • Tortious interference by a previous employee: This occurs when an employee leaves a company and attempts to, or does, steal an existing client from that company. This may occur when a business competitor engages in unfair business practices and interferes with the business relationships your company has established with a client, a bank, a business or any other prospective business interest.
  • Tortious interference of a contract: This occurs when a third party acts in a manner that prevents a party to a contract from performing, or otherwise meeting its obligations, under that contract.
  • Breach of fiduciary duty: A fiduciary duty is a duty to act in the best interests of a beneficiary, a stockholder or a company. Partners, shareholders, officers, directors and others, who commit a breach of fiduciary duty, may be held liable for economic damages that they have caused.
  • Unfair business practices: This may include unfair advertising, fraud, breach of a non-compete contract, negligent misrepresentation or other prohibited business practices.
  • Defamation: False statements that damage the professional reputation of an individual or company. These statements may be oral (slander) or written (libel) statements communicated within a company or outside of a company, so long as they are communicated or “published” to a third party.

 

Business Organizations and Formation


The form of entity you choose for your business may be one of the most important choices you make as a business owner. Your entity selection will affect every aspect of your business’ operation. This is why choosing experts in Dallas business formations is so imperative.

At SGMS Law PLLC, we provide business formation and entity selection services on behalf of clients throughout the Dallas-Fort Worth Metroplex and surrounding areas. Some of the types of organizations we assist and organize include:


  • LLP (Limited Liability Partnership)
  • LLC (Limited Liability Company)
  • Partnership
  • Corporation – either C or S
  • Professional Association


Your Business Attorneys for Life


Our Team of Lawyers are dedicated to building lasting client relationships. Our hope is to be your business attorneys for life. We are pleased to offer incorporation services, but we also offer a broad range of business law services designed to serve your needs as your company expands, including:


  • Franchising
  • Reorganization
  • Trade association membership and activity
  • Joint ventures,
  • Mergers and acquisitions
  • Business successions


Our lawyers have many years of combined experience in handling business formations, transactions, contracts and litigation. We draw on our own business ownership experience in order to guide our clients.


If you have a legal concern that may involve a court action, contact one of our experienced trial lawyers today to discuss your legal needs. Together, we will devise a plan of action and meet your challenges head-on.

 

Contracts


If you are in the process of developing a business plan, selling a business, leaving a company with a severance package, or taking on investors, or if you are purchasing material or selling products, you will need a legally binding contract drafted so that the terms of your agreement will be respected and adhered to by both sides. Also, should one or the other party to the contract decide to breach the contract, the legally binding contract will be the document you that can potentially win your case in court or mediation. 

At our Firm, we serve clients by drafting and reviewing business contracts. We also negotiate contract terms on behalf of our clients.

We are experienced in representing you with a business contract, including non-compete agreements, liability, indemnity and buy-sell agreements. Our firm can also represent you in a dispute regarding or stemming from a contract, such as breach of contract, fraud, breach of fiduciary duties, slander, libel, conversion and general or specific damages. These matters may be negotiated outside of court or skillfully argued by a member of our firm in front of a judge and jury.

 

Employment Agreements Attorneys


Employment contracts and other employment-related contracts are an important part of the employment process. These legal documents and legal contracts establish the relationship between an employer and an employee. An employment agreement is most effective when the rights and obligations of both parties are clearly established. If there is an employment agreement, and if that agreement is breached, the employee (or employer) has a right to sue under the contract. As experts in employment agreements, our Team of qualified Lawyers at SGMS Law, can assist you.

In most cases, and in all states, if there is no employment agreement between an employee and the employer, then, the employee was hired “at will,” and that employee can be terminated at any time the employer chooses, with little to no opportunity for the employee to sue for damages. Also, if the person is terminated with cause, he or she may not be able to seek unemployment benefits

Our Firm's employment agreement attorneys assist our clients in a variety of legal matters relating to employment contracts and the enforcement of employment agreements, including employment contract drafting and review. If you are an employee or employer looking into a possible breach of an employment contract or employment agreement, 

If you have been offered a severance agreement, it is advisable that you have a qualified litigation attorney or contract attorney review the terms of the contract/agreement to ensure that your personal and financial best interests are being protected, so that both parties can equally benefit.

 Our Team will do everything possible to protect our client’s interests. We strive to resolve legal disputes efficiently and in the most cost-effective manner possible through negotiation, mediation and other forms of dispute resolution and when your case must go to trial, our litigation attorneys have the experience necessary to vigorously protect or defend your rights and interests, and those of your business. 


If you need a Contract drafted or a contract reviewed or employment advice or if you would like a legal professional to review your agreement or contract, before entering into the agreement or contract, please contact one of our Experienced Attorneys. Thank you.


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Probate Law, Estate Planning, Wills & Trusts

Probate Law, Estate Planning, Wills & Trusts

Complex Business Commercial Litigation Contract Dispute Tarrant Collin Denton Dallas Texas County

Probate Law & Estate Planning

 

Dallas Collin Denton Tarrant County Probate Attorneys


After a person is deceased and IF they leave a Will, probate is usually required. The Probate Court proceeding is the process through which a Will is proved to be valid and the estate of a decedent is administered. During this process, an Executor (Administrator) of the Will is recognized. After an application to probate the Will is accepted, a hearing is set and Letters of Testamentary can be issued by the court to the Executor so that they can begin the process of distributing the decedent's estate as directed by the Will. That administration is directly determined by the clarity and definition of the client’s Last Will and Testament.


Intestate Probate and Estate Administration


If there is no Will, the decedent’s estate is administered intestate. At SGMS Law, our function is to make sure that every effort is taken to guarantee that our client’s desires or their family member’s desires are brought to fruition and that the decedent’s estate is administered properly with the clarity and definition as intended and required, especially since there was no document in writing stating the decedent's desires.


Our Firm Can Help


When you have lost a family member, the last thing you need is to spend your time dealing with the complex probate process that can be frustrating and time-consuming. At SGMS Law, our Team can handle your probate case from A to Z, so that you can focus on your family and loved ones during this difficult time.

We provide comprehensive probate services, including:

  • Drafting, Filing and Serving all required Pleadings, Court Documents, Motions, Injunctions and Hearing Notices.

 

Our Probate Attorneys have the experience that you need, and we will help you efficiently navigate through the probate process to protect you and your families rights and ease your mind.

 

Dallas County Texas, Tarrant, Collin, Denton Counties, TX – Estate Planning Attorneys


Safeguarding your family’s financial security by Wills or Trusts is a critical process, and the Estate Planning Lawyers at SGMS Law, know that this process is one of the most important provisions that one considers, even early on in life. At the law office of SGMS Law, PLLC, our Dallas Estate Planning Attorneys, our Wills and Trust Lawyers and our Probate Attorneys have an excellent history of assisting our client's in establishing a plan for protecting their estate’s valuable assets and property, so that these assets can be protected from some taxes, and, by distributing these assets through inheritance, by providing income to beneficiaries, by providing income to Charities, and to provide for the future benefit of your loved ones and pets.


Estate Planning and Asset Protection


At SGMS Law, our Will Attorneys and our Trust Lawyers can help you evaluate the current financial picture of your estate, and we will help you establish an effective plan that will protect your assets in matters related to taxes, property transfers and elderly care eligibility and beneficiary income. We also know how to address the administration or probate process component of your Will or Trust, and our Team can also provide suggestions to assist you in making several important decisions in the drafting of your estate documents, as well as drafting simple to complex Wills and Trusts that will meet your and your family’s needs. Estate Planning is a very important endeavor, therefore it is imperative that you hire an experience and knowledgeable Estate Planning Attorney that will work with you, and attorney who has had his or her own life’s experiences and estate protected by the drafting of their own Will or Trust, as have the entire members of our Team at SGMS Law. Our Team knows the benefits of having a Will and a Trust, and other Will related estate documents such as a Financial POA and Directives, and they know the entire estate planning process. Therefore, our Team will take the time to explain to you your options, and, they will help you find a solution that is appropriate for your estate planning needs, based on your unique personal and financial circumstances. In the law of Estate Planning, personal Experience is VERY Important.


Our skilled estate planning attorneys and probate lawyers will work together with you and our Firm’s experts across a variety of disciplines, that impact your estate’s assets, such as financial planning and tax advisors, and after all is considered, we will draft your documents and assist you in signing your essential Estate Planning documents before our Notary. Our estate planning attorneys will contact the necessary experts to make sure that your Will or Trust is drafted properly.


Wills and Trusts


Wills & Trusts are essentially a set of finely drafted instructions which will assist your executor/trix (administrator) or Trustee in the distribution of your assets upon your death or in the case of trusts, your incapacity or death. Some Trusts can even begin while the person forming the Trust is living and that person can even be Trustee until his or her death occurs. There are many different types of Trusts and Wills that can be drafted and many different types of provisions that can be added to a Trust or Will to protect the distribution of the person’s estate, including the protection of your pets under a Trust and your guns and the transfer of your guns to your heirs upon your passing, which has become a very complicated process.  Having a Will that is drafted properly can be an effective way to ensure that your assets are distributed to the proper beneficiary(ies) according to your desires/wishes and according to the Law.  Also, as stated above, as a part of the Will, an executor/executrix will need to be named, and that person will be in charge of filing for Probate if there is a Will and, if your property has not been transferred into a Trust, or distributed before your death, and then, distributing the assets of your estate as named. The Will lawyers and Trust attorneys at our Firm, SGMS Law, know the law and they are dedicated to helping you protect your assets and your estate and in distributing your assets to the appropriate individual(s), if our Firm is chosen to administer your estate. At SGMS Law, our Trust and Will Lawyers can construct your Will and Trust to ensure that your desires are met and that your loved ones are protected.  They can also assist in ensuring that your assets are properly transferred into the Trust that you establish, after drafting and signing your Will and our Trust documents. Our firm can handle the creation of:

  • Simple Wills
  • Living Wills
  • Complex Wills
  • Revocable and Irrevocable Trusts
  • Charitable Trusts
  • Special Needs Trusts
  • Pet Trusts
  • Gun Trusts
  • Durable Powers of Attorney (POAs)
  • Financial and Medical POAs
  • Small Estate Planning
  • Large Estate Planning
  • Directives to Physicians
  • Directives to Life 


Our Probate Attorneys and Estate Planning Lawyers will work meticulously to craft an estate plan that will keep your current and long-term best interests in mind, and we will allow you to be secure in mind that your loved ones will be provided for. Careful planning at an early stage in your life can save your family time and expense in the future.

 

Will Probate Attorneys


Our Attorneys will help your Executors streamline and manage the probate administration process and  ensure that your estate is distributed appropriately and with as little disputes as possible. In the Trust and/or Will the Grantor (you) can designate funds from your estate, to be distributed to an Attorney, in order for that attorney, especially the one you trusted and had draft your Estate Planning documents, to assist your Executor and Trustee throughout the process of distribution, especially as they are the ones that worked with you in drafting your documents and they understand your estate, your property, your beneficiaries and your desires. 


Probate Administration for Wills


If a decedent had a valid Will, the Will can be probated. This process is called probate administration.

If the decedent's Will allows for an independent administration, this administration will allow the executor more freedom to carry out his or her duties, without strict oversight by a probate court, usually NO bond is required to post with the court, as Bond and Appraisement is required in most Probate cases, and the appraisement can also be avoided. If the Will is probated by Administration, there are more restrictions involved, the posting of a Bond with the court, will likely be required and the appraisement will be required to close the estate. Again, please contact a qualified Estate Planning Lawyer to assist you in preparing your estate documents and when a probate or administration is required after death.


Probating a Will in Texas


Should a parent or family member or friend pass away and name you the Executor/ix, you will need to Administer their Will through the probate of their estate. 


The Probate process can vary from case to case, and even county to county, but in Texas there are a few common steps that one will take to Probate a Will through the probate court, and in some cases probating an estate can take years. 


Probate Filings


An application for Probate must be filed with the proper Texas probate court in the county where the decedent resided or owned property. If property is owned by the decedent in one or more states then, probate actions must be filed in each of those states.


Posting & Citation


After a person with a Will has passed away, the county clerk will need to post a notice of the Probate filing, at the courthouse for 2-weeks, stating that a probate application has been filed, and the Executor will need to serve anyone by Citation, who has an interest in the Will, or who may contest the Will or the distribution of the estate as stated in the Will, with the Probate Petition. If there are no beneficiaries who file to contest the Will, the probate court will proceed with opening an Administration.


Validating the Will


After the two-week posting period has expired, the Executor can set a hearing to verify that the decedent had a valid Will and to LEGALLY appoint the Executor to administer the estate. The Executor is usually designated in the Will, However, the person chosen, can be contested.  The Executor is issued Letters Testamentary to evidence of their appointment and right to transact with the estate and its assets and distribute same to the beneficiaries.


Inventory of Assets, Appraisement, & List of Claims


After an Executor has been appointed for the estate, that individual must catalog and report all the assets held by the estate to the county clerk within 90 days of appointment. This is done by preparing and filing an Inventory, Appraisement, and List of Claims.


The affidavit in lieu of inventory may be used if there are no unpaid debts owed by the estate, except for secured debts, taxes, and administration expenses; and if the decedent’s will does not require the inventory to be filed. The beneficiaries of the will still have to be provided with a copy of the inventory.


Notifying Creditors

Decedents may leave behind debts that must be paid or rejected. Some examples include mortgages, household expenses, medical bills, etc. There is a notification process that can be used to manage and avoid some debts.


Resolving Disputes


If family members or others contest a Will or if they file related disputes that cannot be resolved out of court, these must also be heard by the probate court judge, and a Hearing must be set and hearing Notices served, on all involved parties.


Distributing Assets


After the debts and expenses of the estate are paid and the disputes are resolved or settled, the remaining assets of the estate are then distributed to the lawful beneficiaries of the will.


Other Ways to Probate a Will


You can probate a will in Texas through a process known as a muniment of title. This process can be used when a valid will exists, the estate has no debts except secured real estate, and there are no Medicaid claims against the estate.

With muniment of title, the court has to determine that there is no need for a Probate Administration and they will admit the Will into probate as a muniment or evidence of title to the assets of the estate. No executor is appointed with this option, and the party requesting the muniment of title only has to file a sworn statement with the court verifying that the terms of the decedent's Will have been carried out.


Our Dallas Collin Tarrant Denton Probate Attorneys provide a full range of probate services to our clients, including helping with probating wills. Affordable rates, fixed fees, and payment plans are available. We provide step-by-step instructions, guidance, checklists, and more for completing the probate process. Our Firm has over 80 years of combined experience we will use that experience to support and guide you throughout your probate and estate matters.


Mishandling an Estate 


As the Executor of an Estate, there are numerous responsibilities that must be undertaken and completed in order to successfully Probate a Will and distribute an estate. In many cases, this process runs smoothly and no issues arise. Other times, the Executor may act in such a manner as to cause great concern for the remaining heirs. If any of these conditions arise during the execution of a Will, contact a one of our qualified and experienced Probate attorney immediately to protect your rights and assets.


Not Submitting Documents in a Timely Manner


Each step of the Probate process has deadlines, which must be met. There are some instances that may require an extension, but this should not be normal practice. If the Executor fails to meet these deadlines, the process may linger on indefinitely. You should contact a Probate Attorney if deadlines are constantly missed as that attorney will need to file an action in court to possibly remove the named, and then, court approved initial Executor.


Confusing Estate Property with Non-Estate Property


In many instances, the deceased may have life insurance policies without proper beneficiary forms or joint property which is not included in their Will or part of their probate estate, or that may be in a Trust, and many Executors fail to understand this. When facing a legal dispute over property ownership, it is important to contact a Probate Attorney to prevent an improper transfer of ownership. Many times property is sold or given away that was mentioned in a Will and if that is the case, the beneficiary or heir of that named property, may be out of luck. This is why you must retain a qualified probate and estate planning lawyer who can navigate through these issues. 


Distributing Property Too Early


Once the estate goes into probate, the heirs will be anxious to receive their distributions. However, if the Executor makes any distribution from the estate BEFORE all taxes, debts, and obligations are settled, there can be court ordered instances where a refund of the distribution is requested back from the heirs - otherwise known as a claw back.


Not Interpreting the Will Properly


Wills do not have to be complicated documents, but they can be. Unfortunately, many of them are more complex than need to be. One of our Probate attorney will be able to ensure that a complex Will is not misinterpreted.


Mishandling Taxes


Estate tax issues are confusing and convoluted at best. It is the Executor’s responsibility to research those laws and hire competent tax professionals to handle those issues. If the Executor fails to successfully navigate the taxes, the estate could face thousands of dollars in fines and penalties.


Contact a Probate, Wills and Trusts Lawyer Serving Dallas, Rockwall, Garland, Waxahachie, Plano, Frisco, Coppell, Fort Worth, and the Entire DFW Metroplex


To speak with an experienced Estate Planning Attorney or a qualified Probate Lawyer regarding your case, please contact a representative of our Team at SGMS Law, PLLC where we believe: “our clients’ needs and desires are paramount” (this statement has been the key to our success. Contact a member of our Team at 214-207.  Thank you!


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Real Estate Transactions

Deceptive Trade Practices Act Immigration Law Detention Trial Attorneys Dallas Texas Collin Denton

Commercial and residential 

Real Estate 


Our firm assists our clients with a large number of Commercial and Residential Real Estate transactions, from buying and selling to leasing and development.  Our Firm will help you navigate the legal complexities of real estate law.


Leases


The lease is arguably the most important document for commercial real estate investors. When you purchase real estate and its structural improvements, the lease dictates the detailed manner in which you generate income. Beyond just the monthly rent, the lease will outline the permitted uses, dispute resolution, timing of repairs, reconciliation of Common Area Charges, and termination.


At SGMS Law, our Lawyers have negotiated and drafted hundreds of commercial leases. same is true with individual investor leases. Our Firm's Real Estate clients have a multitude of Real Estate issues, including leases negotiations, wherein we assist them in changing the terms of their existing lease or modifying their renewal terms. Each time a lease is negotiated, there are new sets of challenges, as the previous lease brings out issues that need to modified in the form of terms in the new lease, so as to satisfy both the Landlord's and Tenant’s objectives. The new Lease should include resolutions to issues that were not addressed in the original lease.


It is important to hire an Experienced Commercial and Residential Real Estate Attorney


Our Team can also provide ongoing support for our clients who manage leases that require periodic notices to be sent to tenants.  We can prepare a template documents for compliance requirements that will work within any budget.

In the Residential space, it is important to understand current case law on federal, state, and local regulations that affect residential tenancies, including discrimination in the application or approval process of a lease. If you are found to have discriminated against a tenant, landlords can be subject to fines and other penalties. Ensuring compliance with pet policies, service animals, and other reasonable accommodations is vital for every multi-family building owner. As owners strive to create new avenues of revenue these additions must be added in a thoughtful, deliberate process.


Operations

Building maintenance and operations require contracts with multiple vendors. When we meet with you we find out what your tenant and vendor needs are, and once we understand your priorities, we can advise you as to contractual terms and draft and maintain a consistent approach to all contracts.

For example, when we have a client who is risk-averse, they may require multiple compliance check-ins and approvals for charges by their property manager and require higher insurance minimums for any vendor who enters the property, but then feel comfortable with a general contractor agreement that permits large charge orders without written approval. This is not a problem in isolation, but we help you to maintain consistency in all legal agreements to avoid complications in the future.

Although Landlords try to avoid evictions as much as possible, it's going to happen at some point.

As experienced Commercial Real Estate Lawyers, we have processed and completed many evictions, we know what types of terms cause difficulty in an eviction court. We will ensure that your leases include those clauses that guarantee the ability to collect on liquidated damages against a defaulting tenant.

 

Residential Real Estate Investments


People need a place to live and businesses need a place to work, and those who can invest in real estate are positioned to take financial advantage of this demand. However, investing in residential real estate can be complex, especially if you are new to the process. If you’re thinking about becoming a real estate investor, we would advise you to seek the legal advice of one of our experienced Real Estate Lawyers so that they can guide you through the process and so that you do not go making the mistakes that many real estate investors make. 

Residential real estate is real estate that is invested for families to live in. Single-family homes, condominiums, and townhouses are good examples. You can buy rental properties, find tenants and rent them out, giving other families a place to live. It is important to find a particular market in your area with a high demand for rental properties before investing.

Residential real estate is the best option for many first-time investors. If you don’t have a lot of money, residential is your best way to start. You can slowly build a portfolio and increase your wealth over time through additional purchases.

When investing in residential real estate, make sure you are buying an investment with a high enough rental value. They need enough rental income to pay off the mortgage and give you extra money to pay for taxes, repairs, and maintenance while still earning some income.


Pros and Cons of Residential Investment


Here are some advantages and things to consider as a first-time investor.

Pros

  • It is easier to get financing than commercial investments. You can get 15-30 year loans.
  • Tax advantages: deduction of property depreciation, mortgage interest, cost of repairs/maintenance and defer capital gain expenses through a 1031 exchange.
  • Monthly Cash Flow (Especially with multifamily investments).
  • The property value should appreciate at least as fast as inflation rates.
  • There will always be demand.

Cons

  • There will be greater property management needs because people live in these properties, not just work. They may need more attention for maintenance and repairs.
  • You must choose financially secure tenants. You cannot make money if tenants do not pay.
  • Lease terms are shorter than in other asset classes.

 

Single Family Residence Real Estate Investments (SFR's)


SFRs are owned and operated as rental properties. Single-family homes are standalone properties with their own lot (as opposed to duplexes or apartments with multiple units on one lot). Many investors begin with SFR real estate because single-family homes are typically easy to find and easier to finance than commercial buildings. They may generate recurring income and equity appreciation over the long term.


Additionally, tenants are often attracted to these properties because they offer more space and privacy when compared to apartment living.


Advantages and Disadvantages


As for any other type of investment, there are positive and negative aspects. We will detail a little of both to help you learn more about this asset class.


Advantages:

  • Single-family homes are much easier to purchase when compared to other investment types. This difference comes down to size: SFR properties are only built for one family and are not as expensive as larger pieces of real estate.
  • SFRs are generally easier to finance than large multi-family buildings and commercial properties.
  • They generate returns in two ways: monthly cash flow and long-term property appreciation. That’s why they are perfect for any type of investor.
  • Investors are not required to supply a large amount of capital upfront and can instead finance these properties over time.
  • Residential real estate is traditionally thought of as a safe investment because people will always need housing.
  • SFR properties are associated with inherent tax protections because they are tangible assets.
  • It is a relatively simple investment if you are just starting to build your portfolio.
  • Over the years, the growing demand for single-family homes continues to grow due to several factors.

Disadvantages:

  • They require constant upkeep and maintenance to remain safe and habitable.
  • Unlike a multitenant property, when an SFR tenant leaves, the home is 100% vacant until a new tenant can be screened and a lease signed.
  • Every now and then a landlord may end up with a difficult tenant that damages the property or pays the rent late.
  • Neighborhood decline may negatively affect the demand for a rental property in a specific area.


Difference between  SFR and Multi-Family


  • Multi-family properties will require more capital to purchase upfront, though numerous funding options are available.
  • While multi-family properties will generally be more expensive, they can also yield higher profit margins.
  • You can choose to live in one of the units if you want, which will give you more control.
  • Multi-family properties have seen consistent demand over time.
  • With a larger number of tenants, you will have to hire additional help. (Property Manager)

 

Contact a Member of our Team at SGMS Law, PLLC for your Real Estate Needs and Advice


Our Team offers effective research, legal advice and litigation representation should you need it to Individuals, small-business owners and commercial business owners. Our Team is prepared to provide you with sound advice and we will diligently and effectively represent you in  disputes that arise. If you would like to speak with a Dallas Real Estate attorney, please contact us by email or call 214-207-0878. 



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DRAM SHOP Litigation

Dram Shop Liability Criminal Law Defense Lawyers Dallas Collin Denton Texas County Federal Appeals

DRAM SHOP Litigation


If you were injured or lost a loved one due to unsafe alcohol service, we hope this guide will help you understand your rights. We also hope to impress upon you that there’s more at stake than just your case. The cold, hard reality is that you may be in a position where suing the negligent alcohol provider who hurt you or your family helps prevent another person or family from experiencing the same kind of pain. 

 

There are two offenses an alcohol provider may commit and for which they may  be sued:

  1. Serving alcohol to an "obviously" intoxicated adult, resulting in an injury or death.
  2. Serving alcohol to a minor, resulting in injury or death.


When an alcohol provider commits either of these "improper service of alcohol" offenses, they can be sued by the people that improper service harms.

The Texas Dram Shop Act provides the rules that govern dram shop lawsuits. The Act creates two sets of rules for dram shop cases: One set for Adults injured due to illegal alcohol service, and another set of rules that apply to Minors under 18 years of age.  Dram Shop law treats alcohol providers differently if they improperly serve a minor. 

 

Who Counts as an Alcohol Provider?

The term "alcohol provider" describes any person or entity who is licensed by the State of Texas to sell alcohol, anyone who is not licensed but sells alcohol anyway, and the workers or employees of those vendors.

In Texas, dram shop law applies to:

  • Bars
  • Restaurants
  • Caterers
  • Airlines
  • Movie Theaters
  • Stadiums
  • Liquor Stores
  • Grocery Stores
  • Convenience Stores


Texas Dram Shop laws do not only relate to DWI (Driving While Intoxicated) accidents and traffic fatalities. Licensed providers can also be held liable for sexual assault, property damage, and other crimes if they provided alcohol to the perpetrator who was already visibly intoxicated to the point of presenting a clear danger to himself or others. 


Signs of obvious Intoxication


Texas Dram Shop Laws impose civil liability on the owner of an establishment that sells alcoholic beverages to an obviously intoxicated person who causes injury to another as a result of the inebriation. Bars, nightclubs, liquor stores, and restaurants all fall under this Dram Shop Act, as do any licensed vendors that furnish alcohol.

How are bars and other establishments expected to know when a customer is ‘obviously intoxicated?’ Everyone processes alcohol differently, but the state expects providers of alcohol to be familiar with visible cues of intoxication, including:

  • Belligerence
  • Loud or erratic behavior
  • Slurred speech
  • Loss of balance, swaying
  • Poor coordination
  • Unsteady on feet
  • Spilling drinks
  • Vomiting
  • Nausea
  • Bloodshot eyes
  • Overtly sexual behavior
  • Loss of inhibitions
  • Nodding off

If a bartender or restaurant server noted signs of drunkenness yet continued to provide the person alcohol, dram shop liability would apply to any harms the intoxicated person caused.


Direct evidence is Required

Direct Evidence may include restaurant receipts, credit card receipts, and blood toxicology showing a .08 BAC.  Circumstantial evidence can also corroborate a dram shop case.

Quite often, there is eyewitness testimony provided by others who saw the drunk patron, security footage taken inside the establishment that shows erratic behavior, and expert testimony provided by a toxicologist.


Available Damages  in a Dram Shop Case 

When you are injured (or a loved one killed) by a drunk driver, you may seek compensation, called “damages,” for all the expenses and losses the accident caused. These extend from the time of the accident, up to the present, and into the future, for as long as your accident-related expenses and losses are expected to last. These damages may include medical expenses, income losses, and “non-economic damages,” which include pain, suffering, and disability.


Statute of Limitations for Filing a Dram Shop Lawsuit

Under Texas Law, you must file a dram shop lawsuit less than two years after the day of the accident. If you miss the deadline, you may lose the right to sue for damages. However, you shouldn’t wait until the last minute. The longer you wait, the harder it becomes to find evidence. Witnesses forget what happened, and physical evidence decays. The sooner you get started on your case, the easier it will be to gather the evidence you need and the more time your dram shop lawyer will have to build a compelling case.


The Texas Dram Shop Act.

The Texas Legislature and the Texas Supreme court drafted and entered the Texas Dram Shop Act— later codified in Chapter 2, Sec. 2.01–2.03 of the Alcoholic Beverages Code. https://statutes.capitol.texas.gov/Docs/AL/htm/AL.2.htm

In the case, El Chico v. Poole was a case decided before the Dram Shop Act was signed by the Governor. As such the Texas Dram Shop Act governs most cases, but there are areas of the law where El Chico v. Poole speaks to issues not addressed in the dram shop act, in which case it is still valid case law.

 

the Texas Dram Shop Act requires those who bring a dram shop lawsuit to prove two elements. Those are:

  1. At the time the provision occurred it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and
  2. The intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.

 

Dram Shop Law Applied to Minor Drinkers

 

When the drinker is under 18, dram shop law is much simpler. Instead of delving into the weeds of obvious intoxication, licensed alcohol providers must either have:

  1. served or provided to the minor any of the alcoholic beverages that contributed to the minor's intoxication; or
  2. allowed the minor to be served or provided any of the alcoholic beverages that contributed to the minor's intoxication on the premises owned or leased by the adult.

Further, the intoxication must result in someone's injury. In a nutshell, when the drinker is a minor the law only asks that the person bringing the case establish that an adult served someone under 18, and that the alcohol service led to injuries.

Unlike how the law treats adult drinkers, the rules regarding minors that are served alcohol don't just apply to licensed alcohol providers. Pretty much any adult (with a few exceptions we'll discuss shortly) could face dram shop liability if they allow a minor to consume alcohol and that minor goes on to injure someone.

 

Our Texas legislators added section 106.14 to the Alcoholic Beverage Code. It states that an employer isn't liable for the actions of an employee if they meet the following conditions:

  1. the employer requires its employees to attend a commission-approved seller training program;
  2. the employee has actually attended such a training program; and
  3. the employer has not directly or indirectly encouraged the employee to violate such law.

This law provides employers with a safe harbor defense: If they require employees to obtain training, ensure those employees actually get the training, and don't do anything to encourage employees to serve unlawfully, they cannot be held liable if a rogue employee serves an obviously intoxicated person who hurts or kills someone afterward.


The Duenez (2007) Case

A Texas Supreme Court decision changed dram shop law in 2007. in Texas. In Duenez, the court treated the actions of the drunk and the bar like they would treat criminals involved in a conspiracy. Any fault on the drunk was automatically fault on the bar and vice versa. This changed with the Duenez case. The court ruled that the alleged wrong-doing of a drunk driver and an alcohol provider's unlawful alcohol service were sufficiently different that juries had to weigh them separately when apportioning fault. As a result, it forced plaintiffs to argue their cases differently and highlight the specific wrongs of the bar, not just that they served an obviously intoxicated person.

In the aftermath of Duenez, many personal injury firms stopped accepting dram shop cases because they assumed that the drinker generally has the most blame in any alcohol-related incident where someone sustains an injury. This fails to consider how badly many providers screw up in the lead-up to a serious drunk driving accident. While Duenez made dram shop lawsuits even more technical, it didn't make them unwinnable.


CONTACT one of our DALLAS DRAM SHOP LAWYERS for a Consultation


Our Team of attorneys are dedicated to helping people who were hurt in accidents caused by drunk drivers. We will fight to get you the maximum compensation possible, whether that is from the drunk driver, the bar or restaurant that served the driver alcohol before the driver hit the road, or both.

Our Lawyers will investigate what happened in the establishment where the driver was provided drinks and investigate the scene of the accident. Our Lawyers will gather evidence, including any eyewitness testimony, police reports, and, if needed, testimony from experts to prove who was legally at fault and responsible for the accident.

Our Lawyers will also gather evidence from medical records, testimony from doctors, and, if needed, testimony from vocational and economic experts to show the full extent of your expenses and losses that deserve to be compensated. Our Lawyers will build a strong case and fight vigorously for your rights in negotiations with the insurance company or in the courtroom. Our Lawyers will guide you through the whole legal process, keep you informed, and gladly answer your questions.  Our Firm will not charge a fee, except for Discovery related expenses, until you win your case. Please contact one of our experienced Dram Shop Lawyers or a member of our Team to set up a Consultation and case review. Call  214-207-0878. Thank you!


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Wills & Trusts

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Components of a Quality Estate Plan 

  • Revocable Living Trust - A Family Trust or a Living Trust ensures that assets are distributed in a predetermined manner without being subject to Probate
  • Certificate of Trust - A Certificate of Trust is an important part of creating a Living Trust. It is a summary of the Trust document and is often requested by financial institutions when it comes time to fund your Trust.
  • Last Will and Testament - A Last Will is used to formally state who you want to act as your Executor after your death. The creation of a Will is an important part of Estate Planning.
  • Durable Financial Power of Attorney - A Financial Power of Attorney is used to designate someone with the authority to act on your behalf if you are living but unable to manage your own financial affairs due to disability.
  • Durable Medical Power of Attorney - A medical POA designate someone with the authority to act on your behalf if you are unable to communicate your medical wishes on your own.
  • Living Will (Directives) - A living will clarifies your wishes with respect to life sustaining treatment in the event you are unable to communicate those wishes.


Decisions will be made regarding your assets, after your death, regardless of the size of your estate or whether you had a valid estate plan. Many people make those decisions themselves and leave a Will or Trust for loved ones to follow, but MANY do not. For others who did not create a personal, memorialized plan, the laws of Texas will make those decisions for you. Therefore, the question becomes—does your estate plan accomplish your individual goals?


Whether an estate plan consists of a simple Will or a complex combination of estate documents, it deals with the most important issues in your life—your health and your family. Our SGMS Law, PLLC

Dallas Estate Planning Attorneys will carefully attend to every unique need presented by each of our client’s life, family, and finances, and we devise a plan that is tailored to meet your wishes. Don’t let the fate of your estate be decided by default, contact our team today to learn more about how you can protect your family’s future on your own terms.


Estate Planning Services


Do not fall into the trap of believing estate planning is only for the wealthy. It is NOT. Just about everyone with assets or children can benefit from estate planning.

Estate planning can determine what happens to your property, who is to care for your minor children, or what happens to you, your property, and your minor children if you become incapacitated.

Here are a few of the estate planning services that our Firm provides:

  • last will and testaments
  • powers of attorney
  • living wills
  • trusts
  • post and pre-nuptial agreements
  • Living Wills


A Living Will is a document that clarifies a person’s wishes with respect to life-sustaining treatment. The decisions outlined in a Living Will are often referred to as “pull the plug” type decisions. In other words, if a person is in a terminal condition and is unable to speak for themselves, the question often becomes whether life sustaining treatment should be administered, and if so, for how long (Directives). Outlining a person’s wishes in a Living Will can be difficult because you sometimes hear stories about someone who is artificially kept alive for months or years without any sort of quality of life. However, you also hear stories of people who are artificially kept alive for a period of weeks or months that miraculously snap out of their terminal or vegetative state and make a full recovery. A person who is in a terminal or vegetative state is unable to communicate and therefore a legal issue becomes a question of who can make decisions on that person’s behalf. If a person has a Living Will in place, the document will clarify the person’s wishes and remove the subjectivity and the pressure of placing that decision on a loved one. 


Estate Planning Goals


Those individuals who do not believe they need an estate plan, or live under the assumption that their assets are not great enough to warrant a plan, are more often than not, trusting their family members to do what is best for their goals when the time comes. Even a basic estate plan, however, can accomplish important goals, including:

  • Respecting your Final Wishes – Regardless of the magnitude your estate, you’ve worked hard for what you will leave behind. You have the right to decide what happens to your real estate, money, and other assets.
  • Clarity – An effective estate plan reduces questions about who is to be in charge of your estate during incapacity and after death; who should receive particular assets; and who is authorized to make healthcare decisions on your behalf.
  • Charitable Giving – Incorporating charitable giving into your estate plan allows you to leave a lasting impact on the causes and organizations that matter to you. By designating charitable beneficiaries, you can support charitable endeavors, promote social causes, and contribute to the betterment of society. Whether it’s through a specific bequest, the establishment of a charitable trust, or other charitable giving strategies, your estate plan can reflect your philanthropic values and create a legacy of generosity that extends beyond your lifetime.
  • Estate Tax Planning – Estate tax planning is a critical component of comprehensive estate planning that focuses on minimizing potential estate tax liabilities and preserving the value of your estate for your beneficiaries. With careful consideration and strategic estate tax planning, you can take advantage of available exemptions, deductions, and tax-efficient strategies to ensure that your hard-earned wealth is transferred as smoothly as possible while maximizing the benefits to your loved ones. By utilizing tools such as trusts, gifting strategies, and charitable giving, you can mitigate estate tax burdens, protect your assets, and ensure the preservation of your legacy for future generations.
  • Gift Tax Planning – Gift tax planning is an important aspect of estate planning that allows you to maximize the value of your gifts while minimizing potential tax implications. By strategically gifting assets during your lifetime, you can transfer wealth to your loved ones or beneficiaries while taking advantage of various gift tax exemptions and strategies. Proper gift tax planning can help you minimize gift tax liabilities, preserve your wealth, and ensure that your beneficiaries receive the greatest benefit from your generosity.
  • Asset Protection – Preserving and protecting your assets is a crucial aspect of estate planning. Asset protection strategies can help shield your wealth from potential creditors, lawsuits, and unforeseen financial challenges. By implementing effective asset protection techniques, you can safeguard your hard-earned assets, such as real estate, investments, and business interests, while maintaining control and accessibility. These strategies may include the establishment of trusts, the use of legal entities, and proper insurance coverage.
  • Preserving Valuable Time and Resources. Estates left without any direction fall to the direction of the courts. Often, estates are tied up in legal red tape as an executor is named and then as the executor takes action. This process is often lengthy and costly. Certain estate planning techniques can reduce or eliminate excessive costs and delays.
  • Maintaining family relationships. When the time comes for your family to make decisions about your health care, finances, and distribution of assets, emotions will run high. It can be difficult to make these decisions, and it is not uncommon for family members to struggle to decide what is best. With specific instructions from you, your family can avoid confusion and uncertainty,
  • Providing For Pet Maintenance - Many times after a death, the decedent's pets are left alone with no one to care for them, and they are often times turned over to a Kill Shelter. without having a Trust or a Will in place, your pet will be left with no direction as to who will inherit the animals and/or who will receive a financial stipend for their ongoing care.


Revocable Living Trust


A Revocable Living Trust provides careful management of your assets after your death, and possibly even during your lifetime in the event you become disabled. If you are unable to manage your own affairs because of a disability, your Trust can be drafted to remove the need for a Court mandated Guardianship. A Living Trust is very similar to a Will. The difference is that a Will, will only take effect when you die, while a Trust can be funded during life.


A Trust can allow for controlled expenditures for your children in a very specific way to ensure that your legacy will allow them the upmost benefit. It can provide support, care, and education of your children, possibly grandchildren and your pets, by allowing them a certain amount of money at times, or ages chosen by you. A Trust can also provide significant tax advantages for your future generations.


A Revocable Living Trust allows your assets to pass to your beneficiaries outside of the probate process.

You can make a Revocable Living Trust for virtually any asset you own. First, an attorney at our Firm, can create a Trust document, similar to a Will, naming the person whom you want to take over as Trustee after your death. Then you or your attorney will need to transfer ownership of your property to yourself, as the trustee of the Trust. This allows your property to be controlled by the terms of the Trust.

Although you retain the use and control of your assets, your Trust will essentially become the legal owner of such assets, thus removing them from the reach of the probate courts. With a Trust, your assets will go directly to your chosen beneficiaries after your death without the probate process or fees being involved, and there will not be a court process that delays the distribution of your assets.

Without a Trust, your affairs are public knowledge in the probate system. With a Trust, your affairs and wishes remain completely private. Once your attorney has assisted you in completing your Revocable Trust, you and your family will have great peace of mind knowing that your estate will be distributed and managed by someone that you have personally selected. And, with a proper Estate Plan you can ensure that the best tools are in place for you and your heirs.  At SGMS Law, PLLC, our lawyers will be there for you every step of the way and we will make sure that we draft proper estate documents that will put your mind and life, at ease.


Termination of a Trust


There are two major ways that a Revocable Living Trust CAN BE terminated beyond a person’s lifetime.  At an entry level, a Trust will say that the Successor Trustee should collect Trust assets, pay final expenses, and distribute the assets outright to certain beneficiaries so long as they are over a specified age. This is probably the most common method of distribution for Trusts. A person who inherits property under this type of Trust would generally receive a check that they would then deposit into their personal account or into a joint marital account and that would dissolve the Trust.  The downside to this method of distribution would be that once the property is distributed to the beneficiary, it would be exposed from a liability perspective. Said differently, if a beneficiary got sued for any reason, the inherited funds would be easily exposed and unprotected.


In order to avoid liability, there is a second way that a trust can terminate. Instead of distributing funds outright to a beneficiary, it is possible to have trust funds transfer to a sub-trust (a sub-trust is a trust created within the terms of a trust). So long as a beneficiary is over a specified age, the beneficiary could even administer their sub-trust on their own. In other words, a beneficiary can name a Trustee of their inheritance Trust (referred to here as a Dynasty trust). The magic of having funds held inside a sub-trust for the benefit of a beneficiary (instead of funds being distributed outright to a beneficiary) is that if the beneficiary is sued for any reason (divorce, slip and fall, etc.) the assets inside the Trust would be protected from a liability standpoint.

To get started on the analysis and drafting of your Revocable Trust, contact the estate planning attorneys at SGMS Law, PLLC.  Thank you!


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Paternity Law Suits

Paternity Law Suits

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Do You Have A Paternity Issue? 

- Legitimizing Your Child Born Outside of Marriage (Wedlock)

Our Family Law Attorneys Can Help In This Legal Process!

If you are a man and you fathered a child with a woman out of wedlock (even if the woman was married and she became pregnant with your child during that marriage), or, if you are a woman and you had a child with a man out of wedlock (meaning with a man not your husband and you have no claim for a common-law marriage), and, if you did not have a notarized Affidavit of Paternity issued and then, filed with the Vital Statistics Department when the child was born, you will need to file a suit for paternity in order to legitimize that child and to receive a legal determination as to who the biological father of the child is.

Signing a child’s Birth Certificate when the baby is born, or after, is not sufficient evidence to prove Paternity.

Filing a Suit for Paternity

Filing a Suit for Paternity is sometimes called “legitimizing a child.” What this means is that until an order is entered or a legal determination has been made as to whom the father of a child is that was born out of wedlock and/or to a man not your husband, the child is illegitimate and only a legal finding can make that child legitimate. And, if you are the father of an illegitimate child, and you wait too long to file a Paternity suit or action in court and your child ages-out above 18 years of age, you will not be able to file a suit for Paternity and legitimize your child as your biological child, unless you initiate an adult adoption after the age of 18. Further, if you do not dispute Paternity if your child was born to the marriage of another person, that child will legally be the child of the man the woman is married to, not you. Therefore, filing a suit for Paternity is very important on many levels.

Filing a Suit for Paternity is complex process, especially if the biological mother and father of the child do not agree as to custody, legal decision making, or child support. If you are experiencing issues with another parent, it is highly recommended that you hire a qualified Paternity lawyer or Family Law Attorney who understands paternity law, to assist you, to ensure that the process is done correctly, to ensure that your rights are protected, and to ensure that your child has a positive relationship with both of its’ parents (especially if that child was conceived during another person’s marriage and the child’s biological father is not the husband of that marriage).

If you are a father and your child was conceived during a marriage that the biological mother was involved in, and if she was not legally divorced when the child was born, that child’s legal father is the husband of that marriage, and the husband will also need to be sued and served with the Paternity action in order to correct the legal presumption, even if the biological mother later divorces the man that she was married to. It is highly recommended that you hire a qualified paternity attorney if the biological mother was legally married when the child was born, as this process can be an arduous, have many legal issues involved, will require proper orders to be entered, and emotions usually flare and effect the process.

The initial action to determine Paternity in Texas, which is filed in the District Court, and is called a “Petition for Paternity” or “Suit for Paternity.” Further, these cases should also include a request for custody determination and child support to be paid so that the child is taken care of. As these types of cases involve a considerable amount of complexity including other actions that need to be pled for in the Petition such as additional needs, day care, medical issues, insurance, etc., it is best to retain an experienced and qualified Paternity attorney or family Law Lawyer at the beginning of the process, and not when you start having issues with your case, and as it will be much less costly for you as to legal fees, if the case is handled correctly from the beginning and not after issues continue to rise.

If you are a fit parent and you believe that the child would benefit with equal custody or if you feel the other parent is not fit to have custody with the child, an experienced Paternity lawyer can assist you in making sure that the court hears the evidence necessary to establish orders so that the correct parent has the right amount of legal rights and custody time with your child.

Establishing Paternity through DNA or Affidavit

In most states, Paternity can be established through an Affidavit of Acknowledgement of Paternity, an Affidavit of Paternity, or through DNA testing.

What is a DNA test? A DNA test is genetic testing of usually two individuals. In order for a person to be a child’s biological father they would need at least a 99 percent finding of genetic probability. DNA testing results need to be submitted to the court during the Paternity suit and can cause the parties to agree to the paternity of the child in court, if there was a previous dispute as to who the father of the child really was. DNA tests are now close to 100% accurate and if there is, or was, a question as to who the father of the child is, having a DNA test performed may be the best option. If you sneak and have a test performed such as a DNA test kit, or if one of the parents of the child does not agree to a DNA test, or even if they do, you should wait for the court action and for the court to order the DNA testing, as having a test done before a court’s order is issued, may result in you having to re-test as the court may require a certain DNA test to be performed. Of course if you have a DNA test performed before proceeding to court, you can always submit that test result to the court, however, the court may make you take another DNA test at a location that notices the court of the results.

What is an Affidavit of Paternity? An Affidavit of Paternity is a legal instrument that allows a father and mother of a child to swear before a notary that the biological father of a child is a certain person. The form is available usually on your state’s Department of Vital Statistics website. That form, after being filled out and notarized, is then filed with the Department of Vital Statistics. That form, once filled, can be used to substantiate a father’s rights as to paternity of a child and may be able to be included as a prima facie finding in your Paternity action that you are the biological father of a child if both parent’s agree (these affidavits can be challenged in court and may not be considered proof of paternity). However, that Affidavit does not establish custody, child support and insurance obligations and therefore, in order to get these types of orders entered, you will need to file a Paternity suit with the court and it is recommended that you retain proper counsel to assist you in this suit before the court. Hiring a qualified Child Custody lawyer or a Family Law Attorney who can provide you with legal advice and the necessary information that you need, may allow you to ensure that you are successful in this process and that your goals and desires are accomplished.

Challenging a Paternity Ruling or Paternity Order

If you believe that you are not the biological father of a child, or you want to correct a current paternity or custody order, or if you want to challenge a paternity order or paternity ruling, even if you did not have DNA test performed initially, in most states there is flexibility, however, after a certain period of time, the courts will not allow a child to be harmed by removing its presumed father.

In Texas, legally a person has up to four years to challenge or dispute the paternity of a child, and if you do not challenge the paternity order before that time, there is little to no way to reverse the order of the court and you will remain the legal father. However, in Texas, in 2011 a law was enacted that makes it a little easier for a person named a father of a child, to challenge a paternity order, such as if you can prove that you were incarcerated during the legal process or if you meet other legal guidelines. This law, or if the order is reversed or vacated before the statute expires, can lead you to not have to continue to providing financial or medical support to a child who isn’t yours. If you challenge under Senate Bill 785, this law does allow you to challenge a previous order, above the four year statute of limitations. You will need to provide proof to the court as to why the order should be vacated such as why you believe that you are not the biological father of the child and why you did not come forward before-hand, etc. If you believe that you are not the biological father of a child, and there is a current order saying that you are, you will need to retain counsel to meet with you to determine if you qualify for a suit to be filed to reverse or vacate the current order.

If you meet the statutory requirements to file a paternity challenge before the court, during this challenge, the court you may order you to have DNA test performed with the child, even if the mother later agrees that you are not the child’s biological father. The cost of the DNA test can be imposed on you and other court costs can be imposed on you if the suit or complaint to reverse or vacate the current paternity order is found to have been unwarranted or filed by you frivolously.

Challenging an Affidavit of Paternity

If you filed an Affidavit of Paternity with your state’s Vital Statistics Dept. and if no order has been entered by a court naming a person as the biological father of a child, you may be able to rescind that Affidavit of Paternity. Again, these options are complex and require the assistance of an experienced SGMS Law Family Law Child Custody Attorney.

Retaining a Qualified Paternity Attorney to Help

If you are a person wanting to name a biological father and establish paternity to ensure that the correct father is involved in the child’s life; challenge a current paternity order; or if you want to obtain legal and custody rights to a child born outside of a marriage or limit another parent’s rights and the time they spend with a child born out of wedlock, contact the qualified and experienced family law lawyers, child custody attorneys and paternity attorneys at SGMS Law, PLLC for assistance.

Get Started

SGMS Law, PLLC

PO Box 670392, Dallas, TX 75230

214-207-0878

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