Beverly J. Greely, Attorney at Law - Mediator

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Texas Voter Identification Law

October 19, 2013 - By Beverly J. Greely - Leave a Comment

In June, 2013, U.S. Supreme Court ruled that Congress must update how it enforces the Voting Rights Act of 1965.   As a direct result of that ruling Texas can no longer rely on a Texas federal Judge ruling that found the Legislature intentionally discriminated against minorities by enforcing the Voter Identification Law.   Texans have, in the past, been allowed to vote after showing their voter registration card or state, federal, city and college IDs.

All Texas voters are now required to present an approved form of photo identification in order to vote in all Texas elections.

Acceptable forms of photo ID:

  • Texas driver license issued by the Texas Department of Public Safety (DPS)
  • Texas Election Identification Certificate issued by DPS
  • Texas personal identification card issued by DPS
  • Texas concealed handgun license issued by DPS
  • United States military identification card containing the person’s photograph
  • United States citizenship certificate containing the person’s photograph
  • United States passport

Except for the U.S. citizenship certificate, the identification must be current or have expired no more than 60 days before being presented at the polling place.

The name on the identification presented must match the name on the list of registered voters. If the name does not match exactly but is “substantially similar” to the name on the list of registered voters, the voter will be permitted to vote as long as the voter signs an affidavit stating that the voter is the same person on the list of registered voters.

If a voter does not have proper identification, the voter will still be permitted to vote provisionally. The voter will have (six) 6 days to present proper identification to the county voter registrar, or the voter’s ballot will be rejected.

REMINDER:  Early voting in Texas starts Monday, October 21, 2013.

Filed Under: Texas Politics Tagged With: texas voter identification

Texas Mistaken Paternity Law: “The Child is Not Mine!”

October 10, 2013 - By Beverly J. Greely - Leave a Comment

For many years, husbands and boyfriends who had mistakenly been declared the father of a child either by Court order or a paternity proceeding, without the benefit of a paternity test, had no relief – they could not stop court ordered child support nor correct the Court order that declared them father of a child who really was not their child.   In 2011, the Texas Legislature finally corrected this problem by passing law that would allow  “mistaken paternity” fathers to be able to petition the court to terminate a child support order when he discovers that he is the the father of the child.

The parent-child Relationship and duty to pay child support in circumstances involving mistaken paternity may be terminated —

  • when the child marries, or
  • when the child’s disabilities are removed (i.e. child declared an adult), or
  • when the child dies, or
  • when a Court finds that the child is 18 years of age and has failed to comply with enrollment or attendance of high school, or
  • when an Order is entered terminating the parent-child relationship between the parent obligated to pay child support and the child based on the results of genetic testing excluding the obligor as the child’s genetic father, or
  • when the child enlists in the armed forces of the United States and beings active service.

A man may file to have the parent-child relationship terminated between him and the child even if he previously signed an acknowledgement of paternity without obtaining genetic testing or he as adjudicated (declared) to be the father of the child in a previous proceeding such as a divorce or paternity proceeding in which testing did not occur.

What must the alleged father prove in order to be successful?

  1. That he is not the genetic father of the child
  2. That when he signed the acknowledgment of paternity or failed to contest parentage because of the mistaken belief at the time that he was the child’s genetic father based on misrepresentations that led him to that conclusion.

Who cannot file for such a termination?

If a man is the child’s adoptive father or if the child was conceived by assisted reproduction and the man consented to the assisted reproduction by his wife or the man is the intend father of the child under a gestational agreement validated by the Court.

When must the petition to terminate be filed?

A petition must be filed no later than two years from the date on which a man becomes aware of the facts alleged in the petition indicating that the petitioner is not the child’s genetic father.   If the results of genetic testing excludes the petitioner as the child’s genetic father, the Court must render an order terminating the parent-child relationship.

What happens with the child support order?

If the petition is determined not to be the child’s genetic father, the petitioner’s child support obligation for “future” child support ends. BUT all child support that the petitioner was obligated in the form of child support arrearages or a money judgment existing on that date remains due, WITHOUT interest.

What happens to the alleged father’s right to have visitation with the child?

The petitioner may ask that te have periods of possession and access to the child after termination and if the court determines that denial of such periods of possession or access would significantly impair the child’s physical health or emotional well being the Court may order that the terminated father shall have access and possession of the child after termination.

What may be done to address the mental and psychological impact the alleged father, the mother and the child?

The Court may include a provision that orders the parties and the child to participate in counseling with a mental health professional.

If you are a man who has now discovered that you are not the father of child and you are under a child support order for that child, time is of essence – you only have two years from discovering these facts to proceed to court.   If you need assistance, please contact Beverly J. Greely, Attorney at Law at (713) 880-5151 for an appointment.

Filed Under: Texas Mistaken Paternity Tagged With: arrearages, child support, mistaken paternity, paternity, visitation

Welcome to the website of Beverly J. Greely, Attorney at Law

October 10, 2013 - By Beverly J. Greely - Leave a Comment

Welcome to the blog of Beverly J. Greely, Attorney at Law. In our blog, we will attempt to keep you abreast of developments concerning Texas law and provide an explanation of the law so that you may make informed legal decisions.

Please this website and return often.

Filed Under: General

Recent Blog Posts

  • Texas Voter Identification Law
  • Texas Mistaken Paternity Law: “The Child is Not Mine!”
  • Welcome to the website of Beverly J. Greely, Attorney at Law

Categories

  • General
  • Texas Mistaken Paternity
  • Texas Politics

Texas Counties Served

Beverly J. Greely provides legal services throughout the Texas, including the following counties:

Harris Fort Bend
Waller Montgomery
Travis Jefferson
Tarrant Dallas
Bexar Galveston
Williamson [Other]

Disclaimer

The content on this website is for informational purposes only. The content on this website is not intended to be, nor should it be interpreted as, legal advice or opinion. Transmission and receipt of the information in this site and/or communication with the Beverly J. Greely via e-mail is not intended to create, and does not create, an attorney-client relationship between the Beverly J. Greely and any person or entity. The information contained in this website should not be used as a substitute for obtaining legal advice from an attorney concerning your unique circumstances.

The attorney responsible for the content of this website is Beverly J. Greely. The principal office of Beverly J. Greely, Attorney at Law / Mediator is located in Houston, Texas. Beverly J. Greely is licensed by the Supreme Court of Texas to practice law in the State of Texas.

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