Law Office of Michael P. Granata

La'Tiejira vs. Cribb

2024-11-19 12:33:55

Girlfriend sued her Boyfriend for breach of contract and fraudulent inducement after their relationship ended. The trial court granted Boyfriend’s motion for summary judgment, affirming the judgment but reversing the sanctions award. Girlfriend appealed the trial court’s decision, claiming the court improperly denied her motion to compel and granted Boyfriend’s motion for sanctions.

Venue Case

2024-11-15 10:47:22

Attorney's Fees Award

2024-11-07 12:27:55

Claims for Reimbursement

2024-10-16 15:34:19

Texas Standard Possession Order

2024-10-08 15:33:57

Adapting Your Parenting Plan for the Holidays

2020-11-30 00:00:00

With the COVID-19 pandemic continuing to disrupt the usual order of business, this holiday season promises to be one like no other. With families all over the United States making significant adjustments to their holiday plans in the name of safety, divorced parents may be wondering how their parenting plan might be altered this year. Parents who would typically spend the holidays with their children may find themselves considering whether it's safe to do so; similarly, parents who would usually send their kids off to their former spouse this year may be having second thoughts.

How to Change Your Name Legally in Dallas

2020-11-16 00:00:00

Whether you want to change your name to celebrate a new marriage or your divorce, have always hated your name and have decided to do something about it, or want to change your children’s last names to your own instead of their father’s, completing a name change in the state of Texas can be complicated. Aside from a lengthy amount of paperwork and several court appearances, the process can take a lot of time and money if not carried out with one of our experienced Dallas name change lawyers. Because they have significant experience handling name changes for several clients, they can ensure that the process goes smoothly and is handled quickly and discreetly.

Getting a Collaborative Divorce in Dallas

2020-10-30 00:00:00

If you’re considering getting a divorce in Dallas and want to keep the process as amicable as possible, you may be interested in pursuing a collaborative divorce. A collaborative divorce requires the counsel of a specially trained Dallas divorce attorney with experience handling these types of marriage dissolution proceedings. Collaborative divorces generally use a method called ‘interest-based negotiation’ that allows spouses to design agreements that meet both their individual goals and their goals as a soon-to-be ex-couple.

Understanding Conservatorship in Child Custody Cases in Texas

2020-10-16 00:00:00

Obtaining child custody in Texas can be confusing and emotional, particularly because Texas law is a bit different than most other states regarding how child custody is addressed and defined. If you’re considering getting a divorce in Dallas and need guidance on how best to manage your child custody arrangement, you should speak with an experienced Dallas child custody lawyer that can guide you through the process.

What You Need to Know About Getting a Divorce in Dallas

2020-09-30 00:00:00

Ready to call it quits on your marriage? Getting a divorce in Dallas is a relatively simple process and the same rules apply whether you’ve been married by the church or common law. However, between determining who gets what and who keeps custody of the kids, divorce can be quite a messy process. While you think you might be able to handle and resolve the divorce yourself, the process goes a lot smoother when you’ve hired our experienced Dallas divorce lawyers to negotiate and litigate on your behalf.

Tips for Negotiating and Paying Child Support in Dallas

2020-08-31 00:00:00

Negotiating and settling on a child support arrangement can be a contentious process, but it’s important to remember that child support comes down to what is best for your children. While you may view child support as an opportunity to ensure that both you and your child maintain the lifestyle you’re accustomed to, you have to be realistic and reasonable in your negotiation and eventual settlement. Dividing your family will present new emotional and financial strains and you have to be prepared for the big changes that lie ahead.

Five Unique Aspects of a Getting Divorced in Texas

2020-07-31 00:00:00

Our Dallas divorce attorney knows that there are a few basic truths about getting a divorce: Unless you have a prenuptial or postnuptial agreement, at least some of your property will be divided. If you have children, you will need to address the issues of custody and child support. At the end of the process, your marriage will be officially and finally over.

How Long Will It Take to Get a Divorce in Texas?

2020-06-30 00:00:00

Everyone knows divorce is a tough time in anyone’s life. With so much going on and so much uncertainty, you need a Dallas divorce attorney on your side to guide you through the process.

The Best Interest of the Child: Creating an Appropriate Parenting Plan in Texas

2020-05-29 00:00:00

A parenting plan is the agreement you make with the other parent regarding your children’s upbringing and schedule. An effective parenting plan creates a schedule that allows each parent to enjoy quality time with the children, establishes decision-making authority and provides stability and consistency for your children. When negotiating a parenting plan, the overriding question should be, what is in your child’s best interests? Check out the following information for drafting a successful parenting plan.

Information That Your Dallas Divorce Attorney Needs to Properly Assist You With Your Case

2020-04-30 00:00:00

For anyone thinking seriously about filing for divorce, speaking with an experienced Dallas divorce attorney is one of the earliest steps in the process. Seeking legal representation early will allow you to make informed decisions as you begin your preparations, and it can help you avoid any mistakes that might otherwise have negative consequences for your divorce.

Surviving the Period Before Finalization of Divorce in Texas

2020-03-31 00:00:00

The finalization of divorce is not immediate. Under Texas law, no divorce can be finalized before 60 days have elapsed from the date of filing a petition. Of course, this is a minimum time period that can easily extend much longer, particularly during high-conflict cases. In most instances, the parties of divorce do not live together during the process.

Ending Child Support Payments Requires a Legal Process in Texas

2020-02-28 00:00:00

Non-custodial parents often assume that they can simply stop paying child support as of a child's 18th birthday. Whether the age of majority qualifies as the reason to end child support or the terms of divorce cite other qualifiers, parents who pay child support should seek legal support before ending payments. An experienced Dallas child support attorney can help determine if the payments can legally end while providing guidance through the required process that makes it official.

Taking Cues From the Holidays for Your Divorce

2020-01-31 00:00:00

In many respects, the holiday season is about perspective. From the specific holidays people recognize to how they choose to celebrate, the holiday season means many different things to different people.

Impact of New Tax Code on Texas Divorces

2019-10-31 00:00:00

When President Trump signed the Tax Cuts and Jobs Act (TCJA) on December 22, 2017, the federal government enacted many tax laws that impact divorcing couples, particularly those with high net worth. Most important, the TCJA wipes out the 75-year-old tax deduction dealing with alimony payments. The new law mandates that for divorces finalized after December 31, 2018, the spouse paying alimony will no longer be able to deduct those payments from his or her taxable income. In addition, the recipient of alimony will no longer be required to pay taxes on the alimony payments. The change in law shifts the tax burden to the higher earner.

Tips for Avoiding Parenting Disputes After Your Divorce

2019-09-30 00:00:00

For parents with minor children, getting a divorce will bring an end to your marriage, but it typically will not bring an absolute end to your relationship. You and your former spouse will still need to deal with one another with regard to issues affecting your children, and you will need to be able to work together in order to make a variety of decisions with your children’s best interests in mind.

Drug Abuse and Divorce in Texas

2019-05-31 00:00:00

Drug addiction and abuse affects every aspects of a person’s life, including their marriage. And when drug use is an issue, it is not unusual that it becomes the underlying reason for a divorce.

Can You Claim Common Law Marriage in Texas?

2019-05-17 00:00:00

Although it sounds decidedly old-fashioned, common law marriage is alive and well and recognized in a few states, including Texas.

How to Get a Divorce When Your Spouse Has Gone Missing

2019-04-16 00:00:00

If you want to get a divorce but your spouse is nowhere to be found, don’t lose hope. Under Texas law, as long as you meet the state’s legal residency requirements, there are ways to obtain a divorce from a husband or wife who is unavailable or unresponsive, as long as you make a good faith attempt to locate and serve them with divorce papers.

Helping Children Adjust to Divorce

2019-03-29 00:00:00

While divorce is hard on everyone involved, children are the most at risk for harm when a family unit splits up. This is true even when a divorce is cooperative and relatively amicable.

Understanding Private Adoptions in Dallas, Texas

2019-03-15 00:00:00

If you are contemplating adoption, then you already know that it is the legal mechanism that allows a child to gain a parent who is not their birth parent. Adoption is a lifelong, permanent commitment from a parent or parents to a child.

What You Need to Know About Modifying Child Support

2019-02-28 00:00:00

Let’s face it. Life’s circumstances can change. You can lose your job or become ill or have some other setback that makes paying your bills and meeting your legal obligations tough. But there is one obligation that you simply cannot slack off on without serious repercussions. And that is your obligation to pay child support.

Paternity Rights and Obligations: What Every Texas Father Needs to Know

2019-02-14 00:00:00

Paternal rights and obligations in the Lone Star State are a matter of Texas law. And understanding those rights and obligations goes a long way in determining issues like whether or not you are on the hook for child support or whether you must provide consent before your son or daughter can be adopted.

Getting Your Marriage Annulled in Texas: What You Need to Know

2019-01-31 00:00:00

Marriages might not work out for a variety of reasons. You might realize, years after saying “I do” that you have grown apart as a couple. Or you might know right away that getting married was a big mistake.

When Violence is an Issue: What You Need to Know About Obtaining a Protective Order in Texas

2019-01-18 00:00:00

One in three Texans will experience family violence in their lifetimes, according to the Texas Council on Family Violence. In 2015 alone, more than 211,000 people in Texas were the victims of family violence, up five percent from the previous year.

Do the Kids Get to Choose Which Parent to Live With?

2018-12-31 00:00:00

It is kind of an urban myth that during a divorce children have the right to choose which parent they are going to live with.

My Spouse Accumulated a Lot of Debt. Am I Responsible For It if We Get Divorced?

2018-12-14 00:00:00

Divorce can be overwhelming. As if the emotional stress were not enough, there are significant financial matters that need to be addressed. And one of the most stressful and distressing issues concerns spousal debt.

When Is a Prenup a Good Idea?

2018-11-30 00:00:00

The easy part is over. One of you proposed and the other said “yes.” There was a ring and maybe a party and now wedding plans are in full swing.

Legal Separation in Texas

2018-11-09 00:00:00

Sometimes a married couple approaches their Dallas family law attorney to inquire about options for a legal separation.

Can I Get My Child Custody Arrangement Modified?

2018-10-31 00:00:00

The only thing we can be certain of in life is that there will be change. Some changes will be for the better, while others will come with varying degrees of difficulty and challenges.

Divorce and the Family Pets: Who Gets the Fur Babies?

2018-09-28 00:00:00

If determining who gets the family pet could be a point of contention in your divorce, you should consult with Dallas divorce lawyers about your options. Emotions can run high during a divorce and the potential that you could lose your best friend during this difficult time could be a devastating proposition.

Five Questions to Ask Before Hiring a Divorce Attorney

2018-09-14 00:00:00

Going through the dissolution of a marriage is difficult enough. The last thing you need is to worry about whether or not you selected the right Dallas divorce attorney to represent you.

Divorce: What Small Business Owners Need to Know

2018-08-31 00:00:00

Many marriages end in divorce, and no matter how good things seem, you never know when you might become half of a separated or divorced couple in the future. If you run your own business, the fact that you could end up divorcing in the future could put your company at risk if you don't take steps to protect your organization.

How Does Divorce Affect Your Taxes?

2018-08-17 00:00:00

If you are ending your marriage, there are many financial issues that you will need to address when you dissolve your union. While many people focus primarily on the big issues such as how marital property is divided and whether one spouse has to pay alimony or child support, you should also consider issues related to your income taxes as well.

When is Joint Custody Appropriate?

2018-07-31 21:57:24

When parents separate or divorce, it becomes necessary to make a custody decision so that it is clear where a child will spend time, which parent will be responsible for providing care, and which parent will have the legal authority to make important decisions on a child's behalf.

Who Can Claim the Kids as Dependents After the Divorce?

2018-07-17 00:00:00

Having a child as a dependent used to entitle a parent to claim a dependency exemption, which was quite valuable. In 2017, for example, the credit was worth $4,050, which meant each child reduced a parent's taxable income by this amount of money.

Separate vs. Marital Property

2018-06-29 00:00:00

If you are ending a marriage, it is important to understand what will happen to your assets. You want to protect your right to your share of property, so you should talk with Dallas divorce lawyers about how the laws apply to division of property. An attorney can help you to negotiate a fair out-of-court divorce settlement that entitles you to your fair share of marital assets or can assist you in litigating the division of assets in court so you can end up with a property division that works for you.

Child Custody Issues: Parental Relocation

2018-06-15 10:29:14

A Dallas child custody attorney can provide assistance with custody issues that arise when a couple separates or divorces. One of the most difficult custody issues that comes up occurs when one parents wishes to relocate with shared children. When this happens, complicated legal questions arise regarding whether the parent who wishes to move can get a custody arrangement modified to take the children out of the area.

Reducing Your Divorce Costs

2018-05-31 00:00:00

Divorce can be an expensive process, and many couples find themselves facing financial hardship due to the fact they must end their marriage. Divorce costs can include not just court fees and legal fees, but also expenditures to pay experts if necessary due to the circumstances of the divorce. For example, if one spouse is suspected of hiding assets, hiring a forensic accountant may become necessary, thus resulting in extra costs.

Hiding Assets: What Happens When One Spouse Isn't Honest?

2018-05-25 00:00:00

Texas is a community property state, so money and assets that were acquired during the course of the marriage belong to both spouses under the law. If you decide to get a divorce, each spouse is entitled to half of all marital assets under community property rules, regardless of how much income each brought into the marriage or who actually bought the assets.

Prenuptial Agreements: Can You Waive Spousal Support in a Prenup?

2018-04-27 00:00:00

A prenuptial agreement is one of the most important ways to protect yourself when you are entering into a marriage. When you create a prenuptial agreement, you can work with your soon-to-be spouse to determine what will happen if you must get a divorce. You can come to a compromise on important issues at a time when you are getting along well so you can avoid a contentious divorce later on in life when your marriage is not working and you are much less likely to be able to work together to reach a consensus.

Changing Your Name After a Divorce

2018-04-13 00:00:00

Ending a marriage involves taking many formal legal steps to dissolve your partnership. In addition to getting a final decree of divorce, you may want to take another step to permanently end your association with your former spouse as well. You may decide that you want to legally change your name so you no longer have to go by your married name any more.

Key Factors to Consider in Stepparent Adoptions

2018-03-30 00:00:00

Adoption can be complicated under Texas law, but there is a more streamlined process to make stepparent adoption easier. Stepparent adoption occurs when a new spouse adopts his or her husband's or wives' biological child. A Dallas family attorney can provide help with this process to ensure that the adoption goes as quickly and smoothly as possible so new family bonds can be formed.

Community Property: How Does it Impact Your Divorce?

2018-03-16 00:00:00

If you are ending your marriage, division of property is likely going to be one of the most important and contentious issues that you will face. Deciding how to divide up property as your marriage ends can be a major challenge, and it is important to understand how the law in Texas will dictate what happens to your marital property.

Bird's Nest Custody Arrangements: What Are They?

2018-02-28 00:00:00

When parents separate or divorce, a decision on custody must be made. A Dallas child custody attorney can help parents to understand different options for custody so they can try to come to an agreement that works best for their children and family situation.

How Tax Reform Changed Divorce

2018-02-14 00:00:00

Divorce has long been a stressful and contentious process, which is why it is so important for any person who is going through a divorce to be represented by an attorney. Dallas divorce lawyers help clients to try to facilitate divorce agreements through effective compromise to try to avoid litigation. Attorneys can also provide assistance to clients who are involved in a litigated divorce and who want to maximize the chances of a favorable outcome.

Challenging Paternity in Texas Courts

2018-01-26 00:00:00

Fatherhood is an honor and a joy. However, if the child is not yours, paternity creates an unfair, burdensome obligation to pay child support. What should you do if you are named as the father of a child you don’t believe is yours?

Advantages of Divorce Mediation

2017-12-29 00:00:00

Divorce is difficult; there is no getting around that. However, mediation can improve the experience and result in a more equitable divorce judgment. Mediation reduces costs and time of your divorce, minimizes your stress and helps you reach the best decisions for your children.

How Long Will It Take to Get a Divorce In Texas?

2017-11-30 00:00:00

Everyone knows divorce is a tough time in anyone’s life. With so much going on and so much uncertainty, you need a Dallas divorce attorney on your side to guide you through the process.

How Long Can My Children Receive Child Support?

2017-10-13 00:00:00

When a divorce occurs, you have a lot of questions and concerns about the child support process. Many people do not know how long a duration their child will receive support, or how much or how little child support they may be able to receive. Some cases people can receive child support longer than other cases. It all depends on your specific situation. There is no one-size-fits-all child support scenario. Let’s take a look at the child support process in Texas.

Are There Advantages to Common Law Versus Traditional Marriage in TX?

2017-09-26 00:00:00

Contrary to popular belief, living together for a prescribed time period does not automatically create a common law marriage. Any type of marriage is a legal relationship, subject to Texas legal requirements. Any Dallas common law attorney would explain that entering into common law marriage is generally a less formal process than might be the case with traditional marriage. However, the lack of formality might be an advantage or a disadvantage.

Not All Family Law Issues Need to Go to Court

2017-08-25 00:00:00

Texas courtrooms are busy places and essential when addressing criminal complaints and child protection issues. Still, an experienced Dallas family law attorney would advise clients that busy court dockets often delay cases while adding stress and expense to the experience. We often recommend a variety of forms of alternative dispute resolution (ADR) to resolve issues just as effectively as cases that go to court.

Sealed TX Adoption Records Don’t Always Prevent Access to Vital Info

2017-07-26 00:00:00

In accordance with Texas Family Code, Texas adoption and termination records are sealed. However, adoptees and both biological and adoptive family members may have good reason to view the information, such as for medical backgrounds, potential organ donor information or the need of certain parties affected by the adoption to connect.

How Much Weight Do Texas Courts Place on Custody Wishes of the Children?

2017-06-26 00:00:00

As a general rule, both parents know what is best for their children, but when parents decide to divorce, their opinions often diverge when it comes to child custody decisions. Many factors go into determining the best interests of the children, and judges may want to hear from the children to find out where the they to live — assuming that they are mature enough to make well-considered choices.

Proposed Bill Would Make Divorce More Difficult and Expensive

2017-05-26 00:00:00

One Texas State Representative closed out 2016 by proposing two Bills, according to an article in San Antonio Current.

Grandparents Can Take Legal Action to Gain Access to the Children of Divorce

2017-04-28 00:00:00

Even after divorce, parents generally recognize the importance of providing their children with quality time with both sets of grandparents. Unfortunately, the contentious nature of divorce sometimes causes parents to unreasonably limit or prohibit this type of access. Unless valid reasons exist for severing ties, an experienced Dallas family law attorney can help grandparents reconnect with their grandchildren on a regular — or even permanent — basis.

Dissolving Common Law Marriage is Still Divorce

2017-03-29 21:04:04

Contrary to common myth, no TX law declares that two people are married under common law (known as informal marriage) just because they live together for a specific number of years. Particularly if they have no children or contractual obligations pertaining to possessions, they can technically walk away when their relationships do not work out.

What Does Joint Custody Really Mean?

2017-02-13 00:00:00

Few issues of divorce are as emotionally-charged as those that cause parents to lose time with their children. This is why many parents fight hard to gain sole custody of their children — or at least joint custody. However, these terms can be misleading.

Spousal Support May Require Preparation for Independence During the Divorce Process

2017-01-26 00:00:00

Not all parties of divorce are financially prepared to live on their own once the court signs the Final Decree of Divorce. However, according to the Texas Family Code, receipt of spousal maintenance (also known as spousal support and alimony) is not guaranteed in a Texas divorce.

Advanced Preparation Makes Adult Name Changes Easier

2017-01-12 06:13:59

An adult name may not be unique like a Social Security number, but it is still attached to a wide array of legal relationships. Assuming that the reasons for changing a name (such as returning to one’s original name after a divorce) are valid and legal, the process is relatively straightforward, as described in Subchapter B of 45.101 – 45.103 of the Texas Family Code. However, once your name changes, things can become complex in a hurry.

Children May Need Their Own Attorneys in Certain Family Law Issues

2016-12-22 00:00:00

By law, any legal decisions involving children must first and foremost serve their best interests. Particularly in divorce cases, both parents retain their own attorneys and they generally negotiate the custody and visitation terms for their children, subject to court approval. However, there are times when children need some form of legal assistance that focuses solely on them.

High Net Worth Divorce Does Not Have to Be High Stress

2016-12-08 16:42:13

Significant conflict within a relationship leads to just about every divorce and that conflict naturally flows through the actual divorce process as well. Even after many years of marriage, the underlying issues can range from anything from general incompatibility to financial concerns, regardless of the degree of wealth. However, agreeing to a divorce settlement is often more challenging when complex financial issues come into play.

Establishing Paternity Resolves an Array of Issues

2016-11-25 00:00:00

In accordance with Texas law, husbands are presumed to be the biological fathers of any children born within a marriage. When children are born out of wedlock, however, mothers often go through a legal process to confirm paternity, which helps ensure that biological fathers contribute financially to their offspring.

Allowable Grounds for Texas No-Fault Divorce

2016-11-11 16:57:18

Texas is a no-fault divorce state, but this does not mean that the fault of one party cannot enter into the process. When spouses first seek legal advice about the possibility of filing for divorce, responsible Dallas divorce lawyers should educate them about the full range of grounds that are available for their filings. This decision can potentially have a notable significant effect on any divorce settlement.

Choosing Between Contested and Uncontested Divorce

2016-09-28 22:30:52

It would be illogical to expect that the marital disagreements that lead to divorce would suddenly disappear so the parties might easily negotiate a variety of important settlement issues. Yet, each year, countless divorcing couples successfully negotiate the settlements needed to move forward with new lives.

Texas Courts Give Common Law Marriage Rights to Survivors in Same-Sex Marriages

2016-09-23 08:31:27

When the U.S. Supreme Court ruled in favor of same-sex marriage in June 2015, it took a huge leap toward ensuring that committed gay couples can move forward with the same rights as traditional married couples. Still, Texas couples can continue to experience significant legal issues that apply to relationships formed before that date.

Non-Payment of Child Support Does Not Justify Withholding of Visitation

2016-09-21 21:41:39

The final divorce decree serves as a type of contract whereby both parties are expected to abide by every condition without fail. All too often, however, either party attempts to break one or more rules after the divorce is finalized. Failure to make full, timely child support payments is among the most serious breaches of contract because it affects the children.

The Three Components of Texas Child Custody Decisions

2016-09-16 20:49:00

It is important to ensure that the best interests of the children are served until they reach adulthood. That said, dealing with the legal issues that determine the relationships with and responsibility for the children can be very complex.

Understanding the Texas Adoption and Foster Care Processes

2016-09-14 22:39:51

In a perfect world, every child would be part of a loving family unit. Unfortunately, at any given time, the children listed with the Texas Department of Family Protective Services (DFPS) alone can number at or near 1,000.

2014 Cyclecross Season

2015-11-15 05:27:41

The season is alittle more than half way over and it’s time to take stock. Brand new bike to start the season and it has been great. Hydro braing makes a huge difference and carbon really smooth’s out courses. Threw off two chains two weeks in a row because I put the bike down to hard after barriers which tanked two weeks worth of racing. Then got hit with the mud bowl one week followed sub 30 temps the next week. It’s been a season of attrition so far but hey I’m riding my bike and having fun. Off to the State races this weekend and totally stoked to see other racers and chat it up after the race. I wish more of my immediate riding crew took xcross more serious but my raceteam www.dallasbikeworks.com always has a huge showing both locally and at State’s. Ths weekend should be no different. Off to Fort Worth for Colonel’s Sho Air!

Domestic Violence Disclosure in Divorce

2015-11-11 04:45:06

People magazine recently ran a story about a celebrity divorce that happened 24 years ago in which rumors and questions of domestic violence during the divorce came up. The full story can be read here http://goo.gl/0SQBuc. Without going into a huge discussion about how domestic violence is a serious societal problem which would be beyond the scope of this blog post; it does raise the question of when is a divorce really over? The article reports “heckling him over rumors that he had abused his famous ex-wife. “They’d scream, ‘Hey Justice, hit the ball like you hit Halle!’ “he remembers.” I would imagine most people would not want to answer any possible marital indiscretions or wrongs for the intervening 24 years after their divorce.

STRESS MANAGEMENT FOR DIVORCE

2015-10-29 05:03:55

So clients frustrate me. They frustrate me pretty often in fact. My frustration usually stems from client conversations that typically start with clients asking a very simple question and expecting a very simple answer. The answer is inexplicably long and complicated usually ending with “it really depends on…” Clients get upset because they don’t get the answer they want. They aren’t so much upset with me because of poor work product or poor legal work but rather they are having an emotional reaction to a situation that is completely out of their control.

November 2015 – Notable Results Update

2015-10-13 05:22:30

October 12th: Mr. Granata successfully secured above guideline child support award against an obligor who was attempting to retire at 49 years of age and claim reduced wages.

November 2014 – Notable Results Update

2014-11-15 00:00:00

November 13th: Mr. Granata successfully obtained a modification to a residency restriction allowing his client to move so as to allow her to obtain her MBA by showing that the move (and the degree) would be a positive improvement for her, the children and the non-custodial parent.

July 2011 – A Noteworthy Reminder

2011-03-24 00:00:00

This year’s July has 5 Fridays 5 Saturdays and 5 Sundays. This apparently happens once every 823 years. If you are a non-custodial parent and are trying to maximize the time you have with your child(ren) then you will want to designate the month of June (as opposed to the default month of July) because you pick up an extra weekend in July. Remember, notices to the custodial parent are almost always due by April 1st of each year so get your notices out. You have seven days left! Conversely the custodial parent has until April 15th of each year to designate their summer possession.

Notable Results Update

2011-03-11 00:00:00

February 25, 2011: Mr. Granata sucessfully negotiated over $100,000.00 in retirement funds being awarded to his client which represented approximately 90% of the community property.

H.B. No. 1262 Posession Guidelines for Children Under 3 Years of Age

2011-02-17 05:51:45

Interesting House Bill that sets guidelines for Courts to use when setting non-custodial parents possession and parenting time for children under three years of age. The bill stops short of implementing and recommending an actual schedule but does utilize guidelines for a Court to look to for setting visitation. It seems to reward parents who step up and become active in a young child’s life as opposed to parents who have shown little or no interest in the care giving of their kids. Personally I am not sure how you quantify Section (a)(2) “the effect on the child that may result from separation from either party” If the child is less than six months old, nonverbal, and both parents have been active in providing care then it would seem impossible to determine what effect seperation would have from either parent beyond established scientific reasearch which would be applicable to all children in general.

Further Results Oriented Lawyering by Mr. Granata

2011-02-17 00:00:00

December 13th 2010: successfully mediated primary possession for client. January 6th 2011: successfully defended opposing party’s Motion requesting to cover the health insurance of the parties’ child. The child has a significant medical history of serious medical illnesses. The non-custodial parent also had an inconsistent employment history where gaps in health insurance were likely.

Results Oriented Lawyering by Mr. Granata

2010-12-16 06:04:32

November 1st 2010: Mr. Granata successfully stopped two Child Support Witholding Orders that were witholding money on the same child under two different case numbers.

Continued Pattern of Successful Results

2010-10-28 00:00:00

March 15th 2010: Mr. Granata’s client awarded primary custody March 23 2010: Mr. Granata’s client awarded more than Standard Possession from the custodial parent based on concerns by the Court about the custodial parent’s exaggerated claims about the non-custodial parent.

Texas Ranger’s Playoff Run Creates Uncertain Legal Future

2010-10-28 00:00:00

Some legal levity. This author particularly likes footnotes 3 and 7 and it’s tempting to file an Amicus Brief on behalf of the Defendant’s denying the Motion given Lee’s performance last night.

Yet another Texas Family Code 102.003(a)(9) case….

2010-03-12 01:32:11

I can’t get enough of these standing cases. In re M.K.S.-V., 301 S.W.3d 460, Tex.App.-Dallas, 2009.

Family Law Section March Speaker Announced

2010-03-08 04:06:06

The March meeting of the Family Law Section is this Wednesday, March 10, 2010, noon at The Belo. This month’s speaker will be Jeanette Carlson-Wahle, who will be speaking on “Negotiations and Settlements with the IRS”.

San Antonio Court of Appeals breaks from tradition on 102.003(a)(9) Standing

2010-03-06 06:05:32

For some reason I find these standing cases super interesting. The analysis almost always focuses on ‘what exactly makes you a parent’ is fascinating to me.

Texas Attorney General attempts to stop divorce

2010-03-06 03:50:03

As reported by the ABA, the Attorney General of Texas intervened in a divorce case involving a same-sex couple. It appears the Attorney General’s position is that since Texas doesn’t recognize a same-sex marriage (from Massachusetts) it is not possible to legally end the marital relationship.

Mr. Granata’s client awarded primary custody

2010-03-06 00:00:00

Primary custody awarded to Mr. Granata’s client who had not been in the child’s life for over four years. Mr. Granata was able to successfully show that changing the child’s primary domicile to the absent parent was necessary because of serious concerns over neglect and abuse with the other parent.

Taking Child to Church Could Land You in Jail

2010-03-05 10:03:51

As reported by the ABA Journal

Ruling for no periodic child support for Mr. Granata’s client

2010-03-05 00:00:00

Mr. Granata obtained a ruling from the Court, that based on the facts and circumstances of his client, that no periodic child support should be entered. The Court concurred with this position and rendered a ruling where the non-custodial parent would not have to pay child support.

$3,500.00 Award in Attorney’s Fees

2010-03-05 00:00:00

Mr. Granata obtained a judgment against the opposing party for non payment of child support in the amount of $3,500.00.

Important Winter Safety Tips

2010-03-04 08:22:00

The following is a guest blog article by Dolan Law Offices: Winter’s not quite over yet and for much of the country this season has been far from a winter wonderland. In fact, the Associated Press is reporting that 49 out of the 50 states had snow during the month of February – Hawaii being the lone holdout.

2010 DBA Family Law Section Golf Tournament Announced

2010-02-09 04:11:25

The beneficiary charity has been voted on and decided by the DBA Family Law Board of Directors. I am pleased to announce Legacy Counseling Center will be the sole beneficiary for tournament proceeds. LCC has been providing counseling and support services for over 20 years in the Dallas area. They have a particular emphasis on those afflicted with HIV and the devasting effects of the virus. The board felt this was a noble and just cause to support.

No Finding of Contempt from Texas Attorney General Filing

2010-01-15 00:00:00

Mr. Granata successfully negotiated an out of court settlement with the Texas Attorney General after they filed an enforcement against his client for failure to pay child support. The terms of the structured agreement required the Attorney General to dismiss their lawsuit. Additionally, the Attorney General agreed to reduce the obligor’s child support obligation in accordance with the guidelines established by the Texas Family Code.

Texas Chief Justice Wallace B. Jefferson speaks at the American Inns of Court

2010-01-15 00:00:00

On January 14th 2010, the Chief Justice of the Texas Supreme Court spoke at the annual meeting of the American Inns of Court multi chapter joint meeting in Dallas, Texas. I have never had the pleasure of hearing the Chief Justice give a speech before and I found a remarkable similarity in the caliber and quality of his oratory ability that is not often seen. I had a chance to speak with the Chief Justice after his speech and informed him I thought his ability was very similar to United States President Barack Obama. President Obama, in my opinion, has the single best elocution skills I have ever witnessed. What was even more impressive was when he heard me compliment him, he said he hadn’t really prepared all that much for his speech. I’m glad to know that Texans everywhere are privileged to have a Chief Justice with such a high level of elocution skills. I am certainly proud to have him on the Supreme Court.

2010 Dallas Bar Association Family Law Section Charity Golf Tournament Date Set

2010-01-13 04:15:58

The date and location for the 2010 Dallas Bar Association Family Law Section Charity Golf Tournament has been set and confirmed. The Tournament will be held at the prestigious Cowboy’s Golf Course located in Grapevine Texas. The Cowboy’s Golf Course has been described as, a “premier resort-style, daily-fee golf course…Inspired by excellence…the world’s first NFL-themed golf course, this is the ultimate destination” The Cowboy’s Golf Course is a perennial winner of multiple course awards and honors including the #1 Daily Fee Facility in the Dallas/Fort Worth area for 2008 by the Dallas Morning News.

After a full day Trial before the Court, Mr. Granata successfully lifts the supervision requirement for his client’s access with his children

2010-01-13 00:00:00

After a full day divorce trial, Mr. Granata successfully obtained a favorable child support ruling that was three times less than the demand from the custodial parent. Mr. Granata also removed an unnecessary requirement that his client’s possession and access with his children be supervised. Mr. Granata successfully established his client did not pose any ongoing threat to his children which was vital for his client’s attempt to reestablish his parental bond.

Dallas Bar Association, Family Law Section’s Annual Bench Bar Conference Announced for 2010

2010-01-11 00:00:00

The Family Law Section’s annual Bench Bar Judicial Conference has been announced and the date is February 19th 2010 at the Intercontinental Hotel located at 15201 Dallas Parkway, in Addison, Texas on the Dallas North Tollway. All sitting Dallas County Family Law District Judge’s and Associate Judge’s have announced attendance. As 2010 is an election year, any lawyer practicing family law in Dallas County won’t want to miss this event and receive valuable practice tips from the sitting presiding judges. The cost is $125.00 for lawyers with a discounted rate announced for paralegals, law students, law clerks, and Court staff.

2010 Dallas Bar Association Family Law Section Yearly Retreat Day and Time Set

2010-01-06 04:36:52

The Dallas Bar Association Family Law Sections 2010 Board Member Retreat now has a date and time. It will be held this Saturday, January 9th 2010 at the Omni Hotel in Las Colinas. I encourage all Family Law Section members with questions, concerns, comments or suggestions to contact me prior to the meeting. As a board member I would love to hear suggestions on how to make this year one of the best ever for our Section.

Successfully Negotiated a Finding of No Retroactive Child Support

2010-01-06 00:00:00

The noncustodial parent (who resides in another state) was facing a back child support judgment potentially in excess of $30,000.00. Mr. Granata successfully negotiated an agreement with the custodial parent’s lawyer that no back or retroactive child support should be entered in this case and thus saved the client

Motion to Upwardly Adjust Child Support Granted and Request for Interim Attorney’s Fees

2009-12-10 00:00:00

A mother who is the primary joint managing conservator of a young child was granted a significant upward adjustment to the father’s child support. The father and his attorney unsuccessfully argued the Court should calculate the obligor’s gross monthly income based on erroneous assumptions. Mr. Granata decisively counter argued the correct application of the calculation the Court should use in arriving at monthly gross income. Mr. Granata’s request for interim attorney’s was also granted.

Motion for Additional Possession Time Granted

2009-11-17 00:00:00

Mr. Granata successfully presented and argued a Motion to the Associate Judge of the 330th Judicial District Court a request for his out of state client to obtain additional possession time. Mr. Granata’s client was frustrated with the progress he was making establishing his parent-child relationship with his under three year old son and made the request to the Court. The Court agreed that frequent and continuing contact with a child so young would be in the child’s short and long term best interest.

Motion to Reconsider Granted

2009-11-10 00:00:00

Client mistakenly missed his Court date and a default temporary order was entered. Mr. Granata was retained to fix the default temporary order and successfully argued his Motion to Reconsider the default temporary order. Sole primary custody was switched to his client, a finding of family violence against the other side was entered, child and spousal support was undone and the other side was Ordered to pay support to Mr. Granata’s client. The client is a long time commercial real estate developer and the client happily informed Mr. Granata he “is the best lawyer he has ever seen.”

De Novo Appeal successfully prosecuted

2009-10-20 00:00:00

After client represented themselves Pro Se at a Temporary Orders hearing and unsuccessfully tried to obtain primary custody of their child, the presiding District Court reversed the decision of the Associate Judge and granted Mr. Granata’s client immediate primary custody.

Final Reminder – Dallas Bar Association, Family Law Section, first monthly social at the Havana Social Club

2009-09-16 03:27:55

The Dallas Bar Association, Family Law Section, first monthly social from 6pm to 8pm. at the Havana Social Club is today (September 16th 2009) at: 3030 Olive Street Suite 103 (Victory Plaza)| Dallas, TX 75219 | 214-303-0544

Obtained $2,500.00 in Discovery Sanctions and Pleadings Struck

2009-09-15 02:10:13

Mr. Granata successfully struck the pleadings against an opposing party for discovery abuse and successfully obtained a judgment for $2,500.00 for costs.

Texas Decides to Abolish Children’s Choices

2009-09-10 07:56:00

As noted in my article on the Legislative updates from the 2009 legislative session a child’s written preference of the parent that child would like to designate primary residence is gone. I think it’s important to note they did away with written preference but a child’s statedpreference is still relevant to a best interest analysis.

Mr. Granata’s paper for his September 2009 Speaking Engagement for the Dallas Area Paralegals Association, Family Law Section

2009-09-09 03:33:03

2009 FAMILY LAW LEGISLATIVE UPDATE This paper summarizes pertinent bills that became law effective September 1st, 2009. A lot of the work done to create, draft, and pass these bills was handled by the Texas Family Law Foundation. If you have not heard of the Texas Family Law Foundation then I encourage you to visit their website and become a member. http://www.texasfamilylawfoundation.com/TFL/

Mr. Granata’s Twitter …

2009-09-08 03:57:59

Mr. Granata’s Twitter: http://twitter.com/DallasRunEsq

Mr. Granata is speaking at the September 2009 meeting of the Dallas Area Paralegal Association Family Law section

2009-09-08 03:44:46

Mr. Granata is speaking at the September 2009 meeting of the Dallas Area Paralegal Association – Family Law Section this Thursday at the Belo Mansion. The topic of the speech will be the legislative changes and updates from the 2009 Texas legislative session that impact family and divorce law.

De Novo Appeal successfully defended

2009-09-08 02:46:37

De Novo Appeal filed by the opposing party after losing primary custody was successfully defended. Over $2,000 in costs were assessed against the opposing party in favor of Mr. Granata’s client. Jury trial set for mid 2010.

Dallas Bar Association, Family Law Section, first monthly social

2009-09-07 04:02:38

Date: September 16, 2009 Dallas Bar Association, Family Law Section, first monthly social from 6pm to 8pm. Location to be announced. Mr. Granata is the chair for this social.

Annual Charity Golf Tournament

2009-09-07 04:00:54

Date: October 5, 2009 Cowboy’s Golf Club, Dallas Bar Association, Family Law Section’s annual charity golf tournament. Mr. Granata is a committee member for the tournament.

After a trial before the court, Mr. Granata …

2009-06-15 02:47:50

After a trial before the court, Mr. Granata obtained a below guideline child support award after a demand from the opposing party for a child support figure that was above guidelines.

Successfully negotiated a change in primary …

2009-05-21 00:00:00

Successfully negotiated a change in primary conservatorship whereby Mr. Granata’s client had previously had limited access to the child for the last five years and was now named the custodial parent.

After a half day trial before the Court …

2009-05-15 00:00:00

After a half day trial before the Court, Mr. Granata obtained a ruling for below guideline child support and unsupervised access for his client (that very same day) to his child where the opposing party had demanded supervised access.

The morning his client’s case …

2009-04-24 03:11:11

The morning his client’s case is set for trial, Mr. Granata obtained a settlement whereby his client received 75% of the marital estate.

Successfully defended a request to lift …

2009-04-14 03:13:33

Successfully defended a request to lift a residency restriction so the custodial parent could move to California and successfully excluded the opposing party’s purported retained custody evaluator from testifying as a custody expert.

Successfully obtained primary custody …

2009-04-06 00:00:00

Successfully obtained primary custody for his male client after a half day trial before the court. for his male client after a half day trial before the court.

Successfully reduced his client’s …

2009-03-14 00:00:00

Successfully reduced his client’s child support obligation whereby the client was overpaying based on his income and set child support in accordance with the guidelines under the Texas Family Code.