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Why Should You Hire a Contract Lawyer

Why Should You Hire a Contract Lawyer?

By Roger G. Jain & Associates, P.C. |

As a business owner, you already have a lot on your mind. From managing employees and overseeing operations to dealing with finances and marketing, there are a million and one things that demand your attention. However, one area many business owners overlook is contract drafting. Contracts are an integral part of any business, as… Read More »

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Are Texas Alimony Payments Taxable Income?

Are Texas Alimony Payments Taxable Income?

By Roger G. Jain & Associates, P.C. |

If you receive alimony payments in Texas, you may wonder whether those payments are considered taxable income by the IRS. Alimony, also referred to as spousal support, has typically been tax-deductible to the spouse paying the alimony and taxable as income to the recipient as long as the payments qualify as alimony by the… Read More »

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What Are Unfair Trade Practices

What Are Unfair Trade Practices?

By Roger G. Jain & Associates, P.C. |

By definition, unfair trade practices are unlawful business actions that are deceptive, fraudulent, or harmful to consumers. Consumers in Texas and across the country suffer when businesses and corporations engage in unfair trade practices. Unfair trade practices give the offending company an advantage over competitors. They can also harm consumers by leading them to… Read More »

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How to Choose a Good Criminal Defense Attorney in Houston

How to Choose a Good Defense Attorney

By Roger G. Jain & Associates, P.C. |

Choosing the right criminal defense attorney is essential when you or someone you know gets charged with a crime. After all, a good criminal defense attorney in Houston can help keep you out of jail and may even get the charges reduced or dismissed altogether. Without a good criminal defense lawyer in your corner,… Read More »

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How to File a Mechanic’s or Materialman’s Lien

How to File a Mechanic’s or Materialman’s Lien?

By Roger G. Jain & Associates, P.C. |

If you are a contractor, subcontractor, or supplier who has yet to get paid for your work or materials, you may be able to file a mechanic’s lien against the property owner to get paid. The process can be complex, so it is essential to understand all the steps involved before getting started. By… Read More »

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Should My Business Pursue Mediation, Arbitration, or Litigation

Should My Business Pursue Mediation, Arbitration, or Litigation?

By Roger G. Jain & Associates, P.C. |

When business owners find themselves in the middle of a dispute, it can be a very stressful and overwhelming experience. There are many options to consider, and choosing the wrong one could harm your business and its ability to move forward in the future. If you find yourself in a dispute, there are several… Read More »

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PERSON SEEKING ADVICE

How Long Does Expungement Take in Texas?

By Roger G. Jain & Associates, P.C. |

One mistake should not define your life. Yet, for many people in Texas, it does.  A criminal record does not go away easily. Even once you’ve done your time and paid for your crime, having a conviction on your record can haunt you. In fact, decisions you make in your twenties and thirties can… Read More »

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You have just spent months—or longer—hashing out a child custody agreement with your ex. It can be dismaying to find that they now want to move out of state with your child. What can you do if your ex would like to take your kids out of Texas? Understanding Parenting Plans and Custody in Texas Texas law now refers to joint legal custody as “joint managing conservatorship.” This means that parents will equally share not only time with their child but also the right to make crucial decisions for the child (medical, religious, educational...). The arrangement between parents is known as a parenting plan. The judge will make custody decisions if a couple does not file a parenting plan with the court. The presumption is that both parents should remain joint managing conservators of their child. However, if either parent has demonstrated an inability to act in the child’s best interests, the court may award “sole managing conservatorship.” Moving Out of Texas with Children If the courts award joint managing conservatorship, they usually award “primary parent” to one parent. The primary parent has a limited geographic area where they can live. The other parent has a detailed visitation schedule, so if the primary parent decides to move out of Texas, the matter could end up in front of a judge. If the parent has sole conservatorship of the child, they can move anywhere without a court order. Should the primary parent want to move away, they must seek a court order to do so or get the other parent to agree to the move. If the other parent does not want the child to move away, that parent can apply for a temporary restraining order, preventing the move until the relocation hearing. At the hearing, the primary parent must show a compelling reason for the proposed move. For example, suppose the parent cannot find comparable work locally, or they want to live closer to family members who can offer additional support for the child. The parent awarded primary physical custody of the child can usually move into any county adjacent to the one where the couple finalized their divorce. If the proposed move is further than this, the judge will determine whether the move is in the best interests of the child. If the judge has any reason to believe the primary parent’s move is an effort to sabotage the other parent’s relationship with the child, the judge will not allow the move. The judge will determine how the move will affect the child and whether there are legitimate reasons to uproot the child from their home and community. Further, the judge will determine if separation from the noncustodial parent will damage the relationship between that parent and the child. When determining to allow or disallow relocation, the judge may ask the following questions: ● Will the child’s emotional needs and development continue to be met if the move is allowed? ● Can the parents make the child’s welfare their top priority, finding ways to allow the noncustodial parent continued access to the child? ● Will the custodial parent encourage a positive relationship between the child and the noncustodial parent, despite the distance? If the child is at least 12 years old, the court may allow the child to choose which parent they want to live with. Relocation can also change child support amounts since the noncustodial parent will now have to travel to see the child. If your ex has told you they would like to move away with your child—and you don’t want this to happen—you must speak to a Houston family law attorney as quickly as possible. Your attorney can build a case to show the judge that moving is not in your child’s best interest. This might include gathering evidence and details about your relationship with your children, as well as the amount of time you spend with them. Even if you believe that there is little hope - we can help. Call us today! Contact Our Experienced Houston Family Law Attorneys Today At Roger G. Jain & Associates, P.C., our Houston family law attorneys will work tirelessly to protect your parenting rights, your assets, and your future. If you don’t want your child to move away from you, we can help. Call us today at 713-981-0600 or fill out our confidential contact form, and let us offer you the legal guidance and support you deserve!

Can My Ex Move Out of Texas With My Kids After a Divorce?

By Roger G. Jain & Associates, P.C. |

You have just spent months—or longer—hashing out a child custody agreement with your ex. It can be dismaying to find that they now want to move out of state with your child. What can you do if your ex would like to take your kids out of Texas? Understanding Parenting Plans and Custody in… Read More »

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5 Reasons to Hire a Civil Litigation Attorney

5 Reasons to Hire an Attorney for Civil Matters

By Roger G. Jain & Associates, P.C. |

If you’re involved in a business dispute or other legal disagreement with another person or company, a civil lawyer can help. Civil litigation is the process of resolving disputes through the court system. A civil litigation attorney is a lawyer who represents plaintiffs and defendants in court. They handle all aspects of the case,… Read More »

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The Long-Lasting Effects of a Conviction

By Roger G. Jain & Associates, P.C. |

One mistake should not define your entire life. However, if you are convicted of a crime, it very well might. If you are arrested and charged with a crime in Texas, it is important to understand the consequences you face. For many, these consequences can adversely affect their entire lives. When someone is convicted… Read More »

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