Sugar Land Legal Blog

Getting through the holidays during a divorce with children

On behalf of The Love DuCote Law Firm LLC posted in Child Custody on Wednesday, October 16, 2019.

Like other Sugar Land residents before them, some couples are facing a holiday season during the end of their marriage. Getting through the holidays may be difficult enough for the parents, and it can be even more challenging for the children. Fortunately, a divorce with children does not have to ruin this time of year.

In order to make that happen, Sugar Land parents in this position will need to put their own feelings for each other on the back burner and focus on the needs and feelings of their children. That may seem like a tall order, but it can be done. Compromise is often the key to making the holidays enjoyable for everyone. It is only natural for both parents to want to spend as much time with the children as they can, but under the circumstances, that may not be possible. However, working together could help reveal options the parents had not previously considered.

The exclusionary rule and the fruit of the poisonous tree

On behalf of The Love DuCote Law Firm LLC on Saturday, October 12, 2019.

A common misperception by the public is that any evidence discovered by police can be used in the prosecution of accused defendants. But as was described in a recent blog post, there are rules governing search warrants and the evidence produced in police searches.

There's also another legal doctrine at play in search-and-seizure arrests: the exclusionary rule. As it is related to your Fourth Amendment rights under the U.S. Constitution, we will explain how it affects the prosecution's case against you.

What to do if the other parent denies or interferes in visitation

On behalf of The Love DuCote Law Firm LLC posted in Child Custody on Thursday, October 10, 2019.

Not every couple who divorces can fit into the co-parenting mold that is so popular these days. Parents who go on vacation and spend holidays together with the children may represent a smaller portion of co-parents than people think. Talking to other Sugar Land couples who share parenting time with their children after a divorce would probably back this up. In fact, a certain percentage of parents find themselves in a situation where the other parent denies or interferes in visitation with the children.

Ordinarily, this has less to do with the parenting abilities of the person denied visitation and more to do with the other parent seeking revenge or simply being upset with the other parent. There is no way to get around the fact that some marriages simply do not end well, and one parent may put the children in the middle of that personal relationship. Talking to the other parent may reveal a reasonable explanation for dropping off the children late or canceling a visit and a solution may be reached.

Accused of drug crimes? Don't let police in without a warrant

On behalf of The Love DuCote Law Firm LLC posted in Drug Crimes on Tuesday, October 8, 2019.

Some individuals in and around Sugar Land find themselves under investigation by police for a variety of reasons. If one of them stands accused of drug crimes, police may want to search his or her home. The last thing a person in this situation may want to do is voluntarily let police into the home.

In fact, giving consent for police to enter is the only way officers can enter a home without a search warrant -- with some exceptions. If police knock on a Sugar Land resident's door, that person does not even have to answer unless there is a valid search warrant. An individual can refuse to open the door and/or allow police entry.

Juvenile defense information likely needed after minor's arrest

On behalf of The Love DuCote Law Firm LLC posted in Juvenile Defense on Monday, September 30, 2019.

Juveniles are often known for making unwise decisions. In many cases, the choices they make could be chalked up to lack of life experience or simply not having the right information for handling a particular situation well. Unfortunately, if a young person breaks the law, he or she may need information on juvenile defense because criminal charges could result.

It was recently reported that a juvenile in Texas had been taken into custody. Apparently, the individual, whose exact age was not given in the report, was among a group of other minors at a movie theater. The group was reportedly being rambunctious, and due to being disruptive, management asked the security guard to tell the group to leave. One juvenile got into an altercation with the security guard, who is an officer with the local police department.

A DWI arrest does not always lead to a suspended license

On behalf of The Love DuCote Law Firm LLC posted in DUI/DWI on Tuesday, September 24, 2019.

An accusation of impairment while driving here in Sugar Land can have a significant number of consequences. One of them involves the probability of losing the right to drive for a specified amount of time. It may be possible to keep your driver's license, or at least be given a provisional one, but you only have a limited amount of time after a DWI arrest to try to resolve the issue.

First, it is imperative that you not drive unless you're sure you have a valid driver's license. You will face an additional charge and definitely lose your driving privileges for up to two years. You may receive a temporary license that may last only until your time to object to the suspension ends.

Establishing paternity in child custody cases may be challenging

On behalf of The Love DuCote Law Firm LLC posted in Child Custody on Tuesday, September 24, 2019.

Since not all parents are married, state law provides a procedure to establish paternity. Once a court rules a particular man is the legal father of a child, he gains all the rights and responsibilities that go with being a parent, including pursuing child custody. Proving that a particular Sugar Land man is the biological father of a child seems like it would be easy, but without the cooperation of the mother, it can prove anything but easy.

The law considers it fraud to secretly obtain a DNA sample and test it. A Sugar Land man who believes he is the biological father of a child will need to obtain a sample for testing through legal means. If the mother initially refuses, it may be possible to change her mind through negotiations. Understanding the mother's reticence, explaining the reasons for wanting the test and remaining calm could work.

Addressing custody, retirement accounts and more in a divorce

On behalf of The Love DuCote Law Firm LLC posted in High Asset Divorce on Monday, September 16, 2019.

Ending a marriage is an emotional time for everyone involved, but the challenge of dealing with that aspect is not the only concern Sugar Land couples have. The divorce process itself presents numerous challenges as well. Determining what is separate versus community property, deciding how to divide retirement accounts and more can cause a great deal of stress in their lives. Things continue to get even more complex for couples with children.

If you are entering into this process, you can probably relate to those other Sugar Land couples. On top of everything else, you need to prepare for a new future that you may not feel will be financially secure. You also need to figure out arrangements for the custody of your children. If you expect to receive or pay spousal support, you will need to address that issue as well.

Drug crimes: The basics of possession in Texas

On behalf of The Love DuCote Law Firm LLC posted in Drug Crimes on Saturday, September 14, 2019.

Whether it is prescription medication or illegal narcotics, if police find an individual with them, it could result in criminal charges. The state of Texas takes drug crimes seriously, and understanding the charges a person may face could help in building a defense. It may be possible to defend against the charges if certain circumstances exist.

One illegal drug that tends to crop up often is marijuana. Texas has some of the most restrictive laws in the country regarding this substance. Even those who can use it for the limited medical purposes allowed by law may find asserting a defense of medical necessity challenging.

Preparation is key before a child custody hearing

On behalf of The Love DuCote Law Firm LLC posted in Child Custody on Thursday, September 12, 2019.

No one expects a relationship to end when it begins. Sadly, not every romance lasts forever as they do in books, movies and on television. Instead, a couple may end up relying on a stranger to make decisions that affect their future as they end their relationships. One of those decisions could affect the children's futures as well. When it comes time to go to court for a child custody hearing, preparation is key.

It may seem obvious to have at least a basic understanding of Texas child custody laws, but some people skip this step. The more information parents obtain regarding what they face in court, the less stress they may feel. Stress can cause them to lose focus and even express anger in the courtroom, which will not help.