BACKGROUND AND PURPOSE
BILL ANALYSIS
Interested parties assert that, under current law, it is unclear as to what elements should be taken into consideration when rendering an order governing possession of and access to a child under the age of three. H.B. 1262 seeks to clarify this issue by establishing a list of factors to be considered by a court in making an appropriate decision that is in the best interest of the child.

ANALYSIS
H.B. 1262 amends the Family Code to require a court rendering an order for possession of a child less than three years of age to consider evidence of all relevant factors, including certain specified factors set out by the bill’s provisions. The bill requires the court, in rendering such an order, to make findings in support of the order if a party files a written request with the court not later than the 10th day after the date of the hearing or if a party makes an oral request in court during the hearing on the order. The bill requires the court to make and enter the required findings not later than the 15th day after the date the party makes the request.

EFFECTIVE DATE
September 1, 2011.

82R 20998
11.99.123
1
H.B. 1262 By: Thompson Judiciary & Civil Jurisprudence Committee Report (Unamended)

ORANGE COUNTY, Fla. – A judge denied a father custody of his 18-month-old son on Monday after deputies said the boy was found drinking from beer bottles alone in the front yard.

Elvin Garcia was brought into court cuffed and shackled to find out what would happen to his son.

The child was ordered into foster care at the hearing on Monday after he was found drinking from beer bottles over the weekend outside of his house, located off Atlantis Drive in Apopka.

Garcia was arrested on child neglect charges on Saturday night, after a neighbor called 911 to report seeing the toddler wandering in the yard, and drinking from beer bottles.

“There were bottles around the front porch and he was just picking them up, drinking out of them,” said eyewitness Debbie Robinson.

Garcia was allegedly passed out inside.

“They could see him in the trailer there with his legs hanging out the door… just passed out I guess,” said Robinson.

Deputies said they arrived to find an unlivable home. The Department of Children and Families described Garcia’s home as “deplorable.” Investigators said the boy was living in such bad conditions they were only able to salvage one shirt, a pair of shoes and some diapers from the belongings at the home.

A spokeswoman said investigators are working to figure out how things got so bad at the home.

Neighbors said this isn’t the first time the baby has been left to wander around, and they said they hope something is done to make sure the child doesn’t get hurt.

“I think it’s terrible. Something should be done about it and it doesn’t matter who it is. If they can’t take care of their child, they should have their child taken up,” said neighbor Marge McGregor.

The child’s mother is in a mental hospital in Jacksonville, and Garcia told the judge he has no other nearby relatives to care for the toddler.

For now, the child will go to a foster family until Garcia or his wife is again fit to care for the boy.

“The first question that we raise is, how? What has happened in this individual’s life for it to get to this point? Substance abuse is a very difficult allegation to work with,” said Carrie Hoeppner, DCF spokeswoman.

FORT LAUDERDALE, Fla. – A South Florida woman will serve three years of probation for holding a steak knife to her husband’s throat and demanding that he sign divorce papers and give her the deed to their house.

After prosecutors agreed to drop an attempted murder charge Wednesday, 53-year-old Tamara Strulovici pleaded no contest to aggravated battery with a deadly weapon.

Officials say the incident took place in May 2009.

Through a Russian interpreter in court Wednesday, the woman said she’s not sure if she’s still married to James Little.

Broward Circuit Judge Sandra Perlman ordered the woman to have no contact with Little.

Attorney Frank Prieto says his client has “no interest of ever having contact” with her husband, who now lives out of state.

By Scott David Stewart

Your divorce is final and you’ll be taking a serious look at your finances as you move forward with your new life. Set aside some time to review your insurance coverage and read your certificates of insurance. Your circumstances have changed, significantly. Does each policy provide the level of protection you desire for yourself, your children, and your property?
In this article we’ll look at automobile, homeowner’s, life, and disability insurance coverage after divorce. In our discussion of automobile insurance, we’ll focus on private passenger cars, pickup trucks, and vans, but not commercial vehicles. And be sure to speak with your insurance agent about the risks and benefits associated with any changes to your premiums, deductibles, or basic policy coverage before making them.

AUTOMOBILE Insurance
During the marriage, both spouses are typically listed on the automobile insurance policies for all of their vehicles. The divorce required that the property be divided and with a change in the certificate of title comes a change in policyholder. Your insurance company should have all of your updated contact information. If your ex-spouse is paying the premium on the policy and a payment is missed, for any reason, then you need to be notified immediately.
Your insurance budget will have to cover a number of policies, including mandatory insurance for your personal vehicle. Your premiums will depend on the make, model, year, and condition of the vehicle, the distances you regularly drive, your gender, your driving record, and your credit history.
Under the Fair Credit Reporting Act (FCRA) insurance companies have a “permissible purpose” for looking into a potential insured’s credit information. When problems leading up to the divorce included financial issues between the spouses, or even bankruptcy, then negative credit information and a low credit score can result in higher premiums.
In Arizona, you need a certificate of insurance to register the vehicle in the state. The minimum coverage to operate your vehicle legally is bodily injury ($15,000 per person, $30,000 per accident) and property damage ($10,000 per accident). If you decide that you want greater coverage than the bare legal minimum, then your premiums will increase correspondingly.
Bodily injury coverage pays for injuries that you cause to others in an accident, however, it doesn’t pay for your injuries. If you want to be covered for your injuries, then you’ll need to add medical payments coverage to your policy.
Property damage coverage pays for the damage that you cause to other people’s vehicles or property, it doesn’t pay for the damage to your vehicle from the accident. If you want to be covered for damage to your vehicle, then you’ll need to add collision coverage to your policy.
If you want your insurance company to pay for damage or loss to your vehicle because of theft, glass breakage, fire, violent weather, vandalism, hitting an animal, and the like, then you should consider adding comprehensive coverage to your policy.

HOMEOWNER’S Insurance
If there is a mortgage or deed of trust on your home, then you need sufficient property damage coverage to satisfy your lender’s minimum insurance requirements. If your home was totally destroyed, you would still be obligated to pay off that loan. Will your insurance policy cover your debt if such an event occurred? Your insurance may or may not cover you in the event of a flood. If you need flood insurance and your insurer doesn’t cover it, then you can get coverage through the National Flood Program (NFP) (call (800) 638-6620 for information).
Your property damage coverage includes loss to the real property and your contents insurance covers loss to your personal property and possessions. If you have special collections, expensive jewelry, valuable antiques, or sophisticated computer equipment, then discuss additional contents coverage with your insurance agent and schedule these items to ensure adequate protection against loss.
Personal liability insurance coverage protects you should someone be injured on your property as a result of your negligence or for which you become legally responsible. The insurer will cover your defense costs up to the agreed upon limit on the policy. If you have anyone tending to your landscaping or working to make repairs to your home, then there is a risk that he or she could be injured and you could be held liable.
Also, discuss medical payments insurance with your insurance agent. With this coverage, a person injured on your premises will have some or all medical costs paid without regard to who was at fault for the injury. This type of coverage doesn’t extend to any intentional acts on your part, doesn’t cover your renter, doesn’t cover your home business, and doesn’t cover you and the family members living with you.
When you compare insurance premiums, you’ll be asked questions about your home’s construction, the year it was built, the location of fire hydrants, and the distance to the nearest fire station, among other things. In Arizona’s rural areas the nearest fire station may be many miles away, which can mean increased premiums for rural homeowners.

Continued with Insurance Matters After Divorce, Part 2: Preparing for Changes to Automobile, Homeowner’s, Life, and Disability Coverage.

By Diana Shepherd

Before you hire an attorney to represent you in your divorce, you need to learn this important truth: you and your lawyer will become partners, for better or for worse, during and perhaps for years after the divorce process. And how well your partnership works can have an enormous affect upon the process and outcome of your divorce — and how much you’ll have to spend in legal fees along the way.

So you must make every effort to hire the right lawyer from the outset. ” If you pick the wrong lawyer, your future, your assets and your children could be in jeopardy, ” says Forrest Bayard, an attorney in private practice in Chicago. ” You should examine your goals and attitudes before going to see a lawyer, ” he continues. Do you want to be generous, or nail your ex to the wall? Do you want a amicable or an adversarial divorce? ” Look to your future. Determine what you want for yourself, your kids, and your ex in six months, one year, and five years, ” advises Bayard. ” Then choose a lawyer who will support you in realizing that future. ” Attorneys have different styles and biases, he notes, so you should look for one who’s ” compatible ” with you: who understands and respects your thoughts and feelings — and who will support you to be the best you can be in realizing your goals. “

Finding a lawyer

Start by asking for recommendations from close friends or family members (your friends and your family — not your spouse’s) who have been through divorce themselves. If you can’t get any personal recommendations, there are professional organizations that offer lawyer referral services.

After your initial conversation with a lawyer, you should be able to answer these questions: ” Does this lawyer listen to me when I talk? Is the lawyer interested in what my goals are, or only with his or her own goals? ” Look for someone who:

Practices matrimonial or family law.
Has a lot of experience.
Is a skilled negotiator.
Is firm, but reasonable.
Is compatible with you and your goals.
Is totally candid.
Is not in conflict with your best interest.
Don’t share a lawyer with your spouse; don’t hire your spouse’s best friend (even if she’s a friend of yours, too), business partner, or any member of your spouse’s family to represent you — even if you’re on good terms with them. Aside from the obvious conflict of interest involved, you’ll have created enemies — and probably a whole new family feud — before your divorce settles

Your choice will be partially dictated by your spouse’s choice: if the divorce is relatively easy and friendly, you can probably agree on what kind of representation you need. If the divorce is very bitter; if there’s money, assets, or children at stake; or if your spouse is just plain ” out to get you, ” consider hiring a a well-respected individual or firm.

As in any profession, there are good lawyers and bad lawyers. It’s up to you to do your homework — and to ask the right questions — to determine which group your attorney falls into.

Sometimes, despite their best efforts, people end up choosing the wrong lawyers. ” Normally, a client will gravitate to the lawyer who will fulfill his or her needs — whether that be for a tough litigator or low-key negotiator, ” observes David Wildstein, who heads the matrimonial practice at Wilentz, Goldman & Spitzer. If it’s clear that you’ve chosen the wrong lawyer, he says, don’t compound the problem by sticking with them to the bitter end. ” You’ll either prolong the process unnecessarily, or end up with an unacceptable settlement, ” says Wildstein.

What your lawyer needs to know

Once you’ve chosen a lawyer, you’ll need to provide information and direction to him or her. When your attorney requests information, respond as quickly, completely, and concisely as you can — don’t waste your own and your lawyer’s time by writing a 24-page document when all that was required was a ” yes ” or ” no ” answer.

Of course, every case is unique, but the following checklist will give you an idea of what information your lawyer will need. You need to disclose:

Why you are seeking a divorce. What caused your breakup? Are you sure you want to end the marriage, or is the visit to a lawyer meant to be a wake-up call to your spouse? ” The client needs to be sure that he or she actually wants a divorce, ” says Wildstein. ” If he or she’s secretly hoping for a reconciliation, then the client and lawyer are working towards different goals. “

Personal data about you, your spouse, and your children (if any). Write down your names (maiden name, too, if applicable); your home and work addresses and telephone numbers; your ages and places of birth; your Social Security Numbers; your states of health — both mental and physical; your Green Card(s) and immigration papers (if applicable).

Facts about your marriage. When and where did you get married? Did you sign a prenuptial agreement? If so, bring a copy of the agreement with you. Have either of you been married before? Provide details of your previous divorce(s).

Whether there will be issues involving your children — such as custody or access.

Financial information. What assets and debts did each of you bring into the marriage? What are your incomes and what are your expenses — jointly and individually? What are the names and addresses of your employers? How much money do both of you have invested: in the bank, the stock market, etc.? Has either of you invested in insurance, a pension plan, a Pension and Profit Savings Plan? What property do you own (a house, car, boat, income property, etc.)? Was the property purchased before or after the marriage? Do you have a mortgage, and how much is still owed? Prior to seeing your lawyer, create a budget detailing how much you spend every month on items such as housing, food, clothing, personal grooming, gifts, vacations, etc. If you have children, and expect to be their primary caretaker, make sure you factor their costs into your budget.

Legal documents. Bring copies of prior or pending lawsuits, bankruptcy suits, judgments, and garnishments.

Your divorce goals. Be very specific about your goals in terms of realizing your future and have your short term goals for property, other assets, custody, visitation, and support be consistent with that future.
What your lawyer expects from you

Your lawyer is hoping you’ll be the ideal client: calm, businesslike, competent, and well prepared. ” Ideal clients can control their emotions; are organized; are willing to work together with me to attain their goals; and are willing to listen to my advice — even if they don’t follow it all the time, ” says Alton Abramowitz, past-president of the AAML (NY) and head of the matrimonial practice at Cooperman, Levitt, Winikoff, Lester & Newman.

Your lawyer will expect to be paid on-time and in-full. If your financial situation is bad and getting worse, talk to your attorney immediately; he or she may be able to work out some kind of payment plan that works for you. If you’re broke because your ex cleaned out the bank account (or did something else equally irresponsible), you should tell your attorney about it right away. He or she can file motions asking the court to grant temporary orders for items such as child or spousal support, custody, control of assets, payment of your attorney’s fees, etc. Temporary orders are meant to ensure that certain things do or don’t happen; if you suspect your divorce might get nasty, ask your lawyer about filing orders to protect you and/or your kids — financially and physically.

If you haven’t paid your bill because you think it’s unfair, speak to your lawyer about it. ” If there is a mistake on the bill, the lawyer will usually be quick to correct it, ” says Lee Goodman, a professional mediator and arbitrator in Northbrook, IL. If you aren’t satisfied after talking to your lawyer, Goodman suggests asking the judge in your case to review the bill. Another possible avenue is your local bar association; find out if they offer mediation or arbitration programs to settle fee disputes. Beverly Pekala is a Chicago-based attorney and the author of Don’t Settle for Less: A Woman’s Guide to Getting a Fair Divorce and Custody Settlement (Doubleday). In her book, she lists five golden rules for being a good client.Here’s a synopsis:

Rule 1: Everything is not an emergency; your lawyer is not on call 24 hours a day.

Rule 2: Your lawyer is not a psychologist.

Rule 3: Communicate honestly with your lawyer.

Rule 4: This is not L.A. Law — don’t expect your lawyer to do something just because you saw it on TV.

Rule 5: Your lawyer didn’t create and can’t change the system.

According to Pekala, ” Failure to follow these rules may result in your lawyer ‘firing’ you. Just as you can discharge your lawyer, your attorney can choose to stop representing you and withdraw from your case. This usually happens if you fail to communicate with your lawyer or consistently fail to follow her advice. It may also occur if you cannot or will not pay your bill. “

What you should expect from your lawyer

From the day you hire him or her, you and your attorney should have a clear understanding of what you will need and expect from each other. Ask for a written agreement that details the terms and length of your attorney-client relationship. If he or she won’t provide one, find another lawyer.

After learning about your case, your lawyer should create a strategy for your divorce. Be aware that this plan may have to change along the way depending on what your ex and his or her attorney does.

Your lawyer should clearly explain all your options (again, these may change as your divorce progresses), offer advice regarding the best paths to follow, but respect your wishes if you strongly disagree with a course of action. If you find yourself in constant disagreement with your lawyer, either you’ve chosen the wrong person to represent you or you’re being unreasonable. Take a close look at your motivations and actions to see if you’re refusing your lawyer’s advice for purely emotional reasons: for instance, you might be very angry with your spouse, and your attorney’s suggestion doesn’t satisfy your desire for vengeance.

Recognize that even a good attorney will sometimes have bad news for you: that your spouse won’t budge on an important issue; that you’ll have to give him or her money or other assets; or simply that your expectations are unrealistic, illegal, or not financially feasible.

You should expect your attorney to return phone calls reasonably promptly (24 hours is reasonable if he/she’s not on vacation), and to consult you before taking any major actions concerning your divorce.

You should also expect to feel frustrated or disappointed from time to time as your divorce progresses. Don’t take it out on your attorney! He or she isn’t a magician and can’t always pull a great solution out of his/her metaphorical hat.

Finally, if you want to ensure that your divorce agreement reflects your goals — and doesn’t cost you an arm and a leg — then stay involved with the process, answering your attorney’s requests promptly, honestly, and completely.

It used to be the tell-tale lipstick on the collar. Then there were the give-away texts that spelled the death knell for many marriages.
But now one in five divorces involve the social networking site Facebook, according to a new survey by the American Academy of Matrimonial Lawyers.
A staggering 80 per cent of divorce lawyers have also reported a spike in the number of cases that use social media for evidence of cheating.

Passion killer: 80 per cent of divorce lawyers have reported a spike in the number of cases using social media for evidence of cheating, with Facebook by far the biggest offender
Flirty messages and photographs found on Facebook are increasingly being cited as proof of unreasonable behaviour or irreconcilable differences.
Many cases revolve around social media users who get back in touch with old flames they hadn’t heard from in many years.

Cheers to Dallas County District Attorney, Craig Watkins, for doing the right thing and not taking “a convict-at-all-costs mentality” that he says permeated the district attorney’s office before he arrived in 2007.

DALLAS – A Texas man who spent more time in prison than any other DNA exoneree in the state is expected to have a court overturn his conviction at an exoneration hearing Tuesday.

Cornelius Dupree Jr., 51, was paroled out of prison in July after 30 years behind bars for aggravated robbery with a deadly weapon. DNA test results that came back 10 days after his release excluded him as the person who raped and robbed a Dallas woman in 1979.

The Dallas County District Attorney’s Office said Monday it supports Dupree’s innocence claim.

Dupree has spent more time wrongly imprisoned than any other DNA exoneree in Texas, which has freed 41 wrongly convicted inmates through DNA since 2001, more than any other state. His 30 years would surpass James Woodard, who spent more than 27 years imprisoned for a murder that he was cleared of in 2008.

About two dozen DNA exonerations have happened in Dallas since 2001, more than any other county in the nation. Only two states — Illinois and New York — have freed more of the wrongly convicted through DNA evidence, according to the Innocence Project, a New York-based legal centre representing Dupree that specializes in wrongful conviction cases.

Dallas’ record of DNA exonerations is unmatched nationally because the county crime lab maintains biological evidence even decades after a conviction, leaving samples available to test. In addition, District Attorney Craig Watkins has co-operated with innocence groups in reviewing hundreds of requests by inmates for DNA testing. Watkins, the first black district attorney in Texas history, has also pointed to what he calls “a convict-at-all-costs mentality” that he says permeated the district attorney’s office before he arrived in 2007.

The DNA testing also excluded a second defendant, Anthony Massingill, who was subsequently convicted in another sexual assault case and sentenced to life in prison. Massingill remains in prison but maintains his innocence. DNA testing in that second case is ongoing.

Dupree was charged in 1979 with raping and robbing a 26-year-old woman and sentenced in 1980 to 75 years in prison for aggravated robbery. He was never tried on the rape charge.

According to court documents, a 26-year-old woman and her male companion stopped at a Dallas liquor store in November 1979 to buy cigarettes and use a payphone. As they returned to their car, two men, at least one of whom was armed, forced their way into the vehicle and ordered them to drive. They also demanded money from the two victims.

The men eventually ordered the car to the side of the road and forced the male driver out of the car. The woman attempted to flee but was pulled back inside.

The perpetrators drove the woman to a nearby park, where they raped her at gunpoint. They debated killing her but eventually let her live, keeping her rabbit-fur coat and her driver’s license and warning her they would kill her if she reported the assault to police. The victim ran to the nearest highway and collapsed unconscious by the side of the road, where she was discovered.

About five days later, two men whose descriptions did not match Dupree tried to sell the rabbit-fur coat at a grocery store two miles (three kilometres) from the liquor store, according to court documents. The car stolen from the victims was found abandoned in the parking lot.

Dupree and Massingill were arrested in December because they looked similar to two suspects being sought in another sexual assault and robbery. The 26-year-old woman picked both men out of a photo array, but her male companion did not identify either defendant in the same photo array.

Dupree was convicted and spent the next three decades appealing. The Court of Criminal Appeals turned him down three times.

The Innocence Project, which took on his case in 2006, obtained DNA testing last summer on biological evidence taken from a vaginal swab. In July, shortly after Dupree’s release, the test results cleared Dupree and Massingill.

The hearing is happening now because authorities needed to confirm that the 30-year-old biological material was a DNA match to the victim.

If you or someone you know is looking going through a divorce or have questions about child custody, contact the Law Office of Ryan S. Dougay, P.C. at 512-469-0811 to learn more about your rights.

If you or someone you know is looking going through a divorce or have questions about child custody, contact the Law Office of Ryan S. Dougay, P.C. at 512-469-0811 to learn more about your rights.

The first thing you want to consider is how experienced your attorney is in divorce, child custody, child support and complex property division. Attorneys who primarily handle divorce, child custody and family law have managed more cases and presumably have more knowledge than those who handle divorces along with everything else. They also have more familiarity with judges and other attorneys, as well as knowledge with the court process and court personnel.

Schedule a free consultation with the attorney you’ve selected and consider it a job interview for the attorney. Do not be intimidated, and instead focus on asking questions and deciding if this is a person you trust and with whom you want to work regarding your divorce and child custody matter.

These are some questions to ask:

• How many divorce, child custody and complex property cases have you handled in the last six months?
An attorney who has handled ten divorces, child custody and complex property division cases in the last six months is someone who definitely specializes in this area; however, if you live in a less populated area, it may be difficult to find an attorney who just does divorces.

• What are your fees?
Ask for information about in-court and out-of court rates. Ask if a retainer fee (an up-front payment, similar to a down payment) is required. Determine if a separate rate is charged for paralegal work or if you will be charged for expenses.

• What are the court fees?
Each jurisdiction has its own fees, so ask.

• How much do you think a case like mine would cost?
If the attorney is unable to estimate, you should get a second opinion.

• Can a payment plan be worked out?
Many attorneys are willing to do this. Be concerned, however, if an attorney suggests a lien against your home in exchange for legal work.

• What are the chances of my spouse paying some of my legal fees?
The court may order the spouse who earns a larger income to pay the legal bills of the spouse who earns less or has been a stay at home parent during the marraige.

• Who will handle my case?
If it won’t be the attorney you are interviewing, ask to speak to the person who would be in charge.

• How likely is it I will get what I want? What am I asking for that is not realistic? 

You really want an attorney who can be realistic with you and not promise you the moon.

• How quickly do you return phone calls?
Your calls should be returned within 24 hours.

In addition to weighing the answers to these questions, you need to consider how the attorney and his office make you feel. There is a lot of personal choice involved in selecting an attorney. You may prefer a woman or a man, or someone you feel is intimidating, while others want someone friendly and accessible. You need to decide what you are comfortable with and what will help you feel you’re getting the best service.

Look around the attorney’s office while you are there. Friendly staff is a good sign. Piles of disorganized, messy files can be something to be concerned about. Consider how convenient the office is for you to get to, since it is likely you will need to go there several times.

If you or someone you know is looking going through a divorce or have questions about child custody, contact the Law Office of Ryan S. Dougay, P.C. at 512-469-0811 to learn more about your rights.