Uncategorized Archives - Richard T. Sutherland

HELP! I NEED A LAWYER!

Nick Augustine February 7, 2019February 7, 2019 Child Custody, Child Support, Divorce, Enforcement, Modifications, Podcasts, Uncategorized

Helpful Tips and Finding and Hiring a Lawyer: A Richard T. Sutherland Podcast

In this podcast with attorney Richard Sutherland in Wichita Falls, Texas answers the questions most people ask about how to go about finding a lawyer. This blog article serves as a summary of key points. Anyone who needs a lawyer should listen to this podcast and learn the questions and answers about the process of finding a lawyer, meeting with them for a consultation and about elements of the attorney-client relationship.

Listen to Richard T. Sutherland’s Podcast About How to Find and Hire a Lawyer

HELP! I NEED A LAWYER! Helpful Tips in Finding and Hiring a Lawyer

Common Questions and Issues in Finding and Hiring a Lawyer for Divorce, Child Custody, Child Support, and Modifications.

If you needed to hire a lawyer, how would you go about it?

Financial professionals such as CPAs are also good sources to finding lawyers. They might give you a referral to call a lawyer they know, like and trust. If the lawyer, you call works in a different area of law practice they can make a recommendation and give you the name and number for a lawyer who can help you.

What if no one you know has hired a lawyer or they didn’t like the person they hired?

One way to find a lawyer is to ask family and friends if they know any lawyers and find out what their thoughts were about the person they hired.

Many people search the Internet and find an attorney in Google search results. If you are looking for a lawyer in a specific practice area you can search that way, for example, “divorce lawyer Wichita County” or more specifically for divorce, child support, child custody or adoption.

You can also use some attorney specific sites such as Lawyers.com or Martindale Avvo where you can find attorneys who are rated by their peers. For example, an AV rated lawyer is deemed to have the highest legal ability and ethical qualifications. Simply search in the filed of law you need a lawyer and where.

What if the attorney I found doesn’t have any recommendations by former clients or has been given poor recommendations, should I avoid that lawyer?

Unfortunately, poor online reviews of lawyers may be a result of a disgruntled client who failed to achieve what may have been a completely unrealistic goal. Worse, it may be a review by the spouse of the lawyer’s client who didn’t like the result and blames his or her spouse’s lawyer for the outcome. Worse yet, the negative review may be placed by the other lawyer.

Note that a lawyer cannot use their client’s name for a review without the client’s express permissions since the lawyer is ethically required to keep the client’s identity confidential.

Are all initial consultations free?

No, all initial consultations are not free and there are reasons why. A lawyer’s advice, as another famous attorney, Abraham Lincoln once observed, is their stock and trade. Giving their trade away for free makes no sense. Lawyer’s advice has value. In a consultation, when the client gives the lawyer confidential information, the lawyer is disqualified from representing anyone ese in their case. So, if the husband has a consultation, lawyer is disqualified from talking to the wife because of the attorney client privilege with the husband.

Unfortunately, there is a common practice by some lawyers, encouraging clients to go and speak with other lawyers to disqualify them from being hired by the other party to the divorce. Some call this an “X out.” So, if husband hires a lawyer and is worried the other lawyers in town might represent wife, they might encourage husband to go talk to the competition law firms so they can’t represent his wife.

Consultations have value. Some lawyers provide a minimum period of free advice such as 30 minutes or less for consultation and other lawyers agree they won’t charge a fee unless the person doesn’t hire them. If the lawyer is hired, the consultation will be charged since the lawyer obtained information necessary to represent the client.

How do I know whether I am going to be charged?

Ask the lawyer when you make the consultation appointment.

I don’t think it’s fair for the lawyer to charge me when all I did was ask him questions.

Lawyers provide legal advice, most often in the form of answers to questions. As you expect to pay a doctor for their advice, you should appreciate paying a lawyer for theirs as well.

What should I expect when I meet a new lawyer?

Prepare a list of questions. You should be comfortable talking to the lawyer about your questions and receiving their response and advice. The lawyer may describe the substance and procedure involved in their situation. If you do not understand, always ask for clarification.

There are no guarantees about the outcome of any case, and you should beware of anyone who claims they can guarantee an outcome. Your lawyer should explain fee and billing practices, so you understand what to expect when you receive a bill for attorney’s fees and costs.

What is a retainer?

A retainer is an amount of money determined by the lawyer as a deposit against costs and fees. There is no a standard retainer and every lawyer may determine their retainer agreement with a client. Filing fees, such as the $630.00 filing fee in Wichita County for a restraining order case, can be paid from the retainer.

As the lawyer works on your case and tracks their time, they apply the hours they work against an hourly rate and bill your retainer. The retainer may need replenishment as the case continues. No lawyer or client knows how long a case will take or what it may cost since there are so many things that can happen.

What is a non-refundable retainer?

Non-refundable retainers are fees paid in advance to secure a lawyer’s services and compensate them for the loss of opportunity to accept other employment. Listen to this podcast and learn why the better rule for practice for family law attorneys is to avoid having non-refundable retainers, for reasons including ethics and professional conduct rules.

I don’t really have a lot of money to hire an attorney, could he represent me on a contingent fee basis?

No, contingent fees are not allowed in divorce and family law matters. It is prohibited. Richard T. Sutherland explains the unique conflict and conflict of interest between a lawyer and client if contingent fees were to be allowed in family law matters such as custody and adoption.

Can my attorney refuse to release my file to me if I haven’t completely paid him?

No, they cannot hold your file hostage for payment. Doing so may result in damage or prejudice to your rights, prohibited by Texas rules of conduct for lawyers.

I want my mother, father, sister, brother, best friend or someone to come with me when I first consult with an attorney, is that permissible?

Yes, it is common. First the attorney must explain the attorney-client privilege, that it belongs to the client, not the attorney. Richard T. Sutherland routinely explains attorney-client privilege issues and situations to clients who can make an informed decision whether to allow another to be present during their consultation and why they may be exposed to potential danger. Listen to him explain on the podcast.

Are all conversations between an attorney and a client legally protected?

No. If the client were to tell the lawyer that the client intends to engage in criminal behavior after leaving the lawyer’s office, the lawyer is required to report to law enforcement the client’s intent to commit a crime.

There are other times a lawyer must report the abuse or neglect of a child or indecency with a child. Also, changes in testimony can result in the client withdrawing from the case in open court if the client has told the attorney about some act or event and when testifying in court and denying the act or event occurred.

What if I want to change attorneys? How do I do that?

Write your attorney a letter letting him or her know he or she is discharged immediately as your attorney. If you hired someone new, as the new attorney to prepare a motion to substitute counsel and an order of substitution and to send the motion and order to your former attorney for signature. Your former attorney should be given a reasonable amount of time to copy your file before returning original documents to you which must include his notes.

Do I even need an Attorney? Can’t I just get some forms from the Internet and represent myself?

You are not required to have an attorney in Texas. If your case is going to court, you should be familiar not only with the Texas Family Code but also with the Texas Rules of Civil Procedure and the Texas Rules of Evidence. There is not a separate set of rules and procedures for people who represent themselves and no one at the courthouse can give you legal advice.

In this podcast, Richard T. Sutherland explains in detail the pitfalls of trying to do your own divorce using information and forms you find on the Internet.

If you say “Help! I need a lawyer!”, call The Law Office of Richard T. Sutherland at (940) 691-2100.

Located in Wichita Falls, Richard T. Sutherland is an experienced divorce and family lawyer for divorce, child custody, adoption and other marriage and divorce matters. Contact him from the website or call the office at (940) 691-2100. Richard T. Sutherland represents people and families in Wichita County, Archer County, Baylor County, Clay County, Foard County, Hardeman County, Jack County, Montague County, Wise County, Young County and Wilbarger Counties in North Texas and has accepted cases in other areas West, North-Central and in South Texas.

Custody Modification Issues in Wichita Falls, Texas

Nick Augustine September 21, 2018February 8, 2019 Uncategorized

Despite the Best Plans, Custody Modification Can be Necessary

While following the terms of your divorce decree or custody order, there may be bumps in the road, some more significant than others. Issues with conservatorship, possession of or access to the child can arise out of parents’ new relationships, job opportunities and military deployments. There are also times that child abuse, family violence and changes in financial circumstances make it necessary to file a custody modification case to set a new order for conservatorship or possession and access that is in the best interests of the child or children.

In a custody modification case, the party bringing suit must be able to establish a material and substantial change of circumstances, something more than the inconvenience of one parent not being able to make scheduled weekend pick-ups and drop-offs.

Every modification case is unique, and you should obtain proper legal advice to learn your rights and where you stand in bringing a modification suit. In Wichita Falls, Texas, Richard T. Sutherland advises and represents parents with custody and modification issues.

Job Change and Relocation Issues Affecting Custody Arrangements

When a parent has a new opportunity for career advancement, the new job can be beneficial for everyone in the family, including children whose needs become more expensive as they grow older and get closer to high school and their future beyond. At a crossroads, the new job opportunity may affect the parent’s current rights and duties regarding possession and access, regardless whether they are the primary parent with a right to determine the child’s residence.

The parent with possession and access on first, third and fifth weekends, for example, might need to travel further for pick-ups and drop-offs. But what happens when their new job is in South Carolina as opposed to Oklahoma, and transportation and distance are issues?

Listen to Richard T. Sutherland speak on relocation issues in a recent podcast, “Geographic Restrictions and Relocation.”

Grounds for Modification of Custody Orders in Texas

When the terms and conditions of conservatorship, possession of or access to a child are sought to be modified, and it would be in the best interests of the child, the court may modify that custody order. The circumstances of the child, a conservator or other party affected by the original order of the court have materially and substantially changed.

The facts that give rise to what the court may consider a material or substantial change are unique to every family and custody case. An experienced child custody lawyer can advise you as to whether your situation warrants a modification. Some factors that can affect your chances at obtaining a modification may be the age of the child, increased expenses because of change of residence, conviction for child abuse or family violence, military duty obligations and more.

In Wichita Falls, Texas, parents who need a custody modification may seek the advice and representation of child custody attorney Richard T. Sutherland, an experienced and frequent speaker on children’s issues and protecting their best interests. Call Richard T. Sutherland in Wichita Falls at (940) 691-2100 with your questions and custody modification issues.

Richard T. Sutherland represents people and families in Wichita County, Archer County, Baylor County, Clay County, Foard County, Hardeman County, Jack County, Montague County, Wise County, Young County and Wilbarger Counties in North Texas and has accepted cases in other areas West, North-Central and in South Texas.

Children Adjusting to School

Nick Augustine September 7, 2018February 8, 2019 Child Custody, Uncategorized

Factors Affecting Children Adjusting to School

Divorced parents with a duty to cooperate with one another about their children’s education and school experience may find that there are issues arising over children adjusting to school. Whether it is a new school year, classmates and teacher, or a new middle or high school, transition can be difficult.

If your child’s school called you, would you talk to their other parent, and if so, how soon? Just because one parent is the primary daily caregiver does not mean that the other parent is not equally as important in their child’s life and education. The competition to get into good schools is tighter than ever and every step in your child’s school experience and records is important. If you have a positive co-parenting relationship with the other parent, it may be a good idea for both of you to participate in any conferences with the school and with the child. Showing solidarity and a lack of tolerance for negative behavior can make the right impact on a child. Keeping the communication lines open also allows for you and the other parent to keep up with your child’s behavior and demeanor when the other parent has their time with the child.

Is the Problem Something at School or at Home?

As parents it is easier to point the finger at another than at ourselves. When the school calls and says our child is having problems and not responding normally it is easy for us to assume the new teacher or kids in class are the problem. While sometimes it is someone else that is affecting your child, the someone else could be someone you did not expect.

Imagine that you have been fortunate that co-parenting your child has been a positive experience, for the most part. Now your ex-spouse has a new significant other and recently your child has been getting into trouble at school or has changed direction in their attitude towards studying and homework. When the student who normally receives good reports from school is now failing to complete assignments and turn work in on time, might be making a cry for attention or more.

Taking Care in Making Substantial Changes

Where in many cases an adjustment problem at school can be about normal growth and maturity or a response to factors in or out of school, attention to the child’s needs can be what it takes to cure the adjustment problem. Be cautious about making serious changes to the routine of a child and their base of friends and culture. Of course, if there is a risk of harm to the child or a significant impairment to their ability to function and learn at school, there may good cause to make a change. Whenever possible, discussing these issues as adults with the other parent is helpful in solving problems or agreeing to make reasonable changes.

In Wichita Falls area divorce and family law cases, attorney Richard T. Sutherland is focused on best interests of children and has worked in many capacities representing children’s best interests in court. If you need to make a custody change or are considering moving because of issues with children adjusting to school, you can call Richard T. Sutherland in Wichita Falls to discuss your rights and options. Call (940) 691-2100 or Contact Us through our website.

What to Do When Child Protective Services Calls

Nick Augustine September 4, 2018February 8, 2019 Child Custody, Podcasts, Uncategorized

Who is Child Protective Services and What is its Purpose?

This month’s Wichita Falls Family Law Podcast with Richard Sutherland focuses on Child Protective Services (CPS) and provides an overview of key elements of the purpose of the agency and what to do when Child Protective Services calls.

Questions Answered in this Child Protective Services Podcast

What is Child Protective Services?
What is the purpose of CPS?
What is meant by the word, “abuse” and what is “neglect?”
What is the general process of CPS reporting?
What is involved in the investigation process?
Why people hire attorneys and how they represent parents in CPS cases?

Highlights of this CPS Overview Podcast

About Child Protective Services: CPS is a division of the Texas Department of Family and Protective Services, the agency investigating reports of abused or neglected children in Texas. There are 13 categories of what constitutes abuse and four categories for neglect under Texas law. Note that accidents and reasonable discipline not exposing the child to the risk of substantial harm are excluded from the definition of abuse in Texas.

Who makes CPS reports? The Texas Family Code requires any person having cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect SHALL IMMEDIATELY MAKE A REPORT. This requirement includes people with whom certain communications are otherwise privileged such as:

Lawyers;
Clergy;
Medical Practitioners
Social Workers
Mental Health Professionals
Employees or members of boards that license or certify professionals;
Employees of clinics or health care facilities that provide reproductive services.

About the CPS Report: The report should include the reporting party’s belief that a child has been abused or neglected or who has died of abuse or neglect, and the report can be made to law enforcement, CPS or state agencies regulating a facility where alleged abuse or neglect occurred. The reports contain the name and address of the child and other persons responsible for the care of the child and other pertinent information.

About the CPS Investigation Process: Being prepared in the event CPS or law enforcement contacts you about a report of abuse or neglect is important. Contacting an attorney is advisable and it does not mean you look guilty. There are a variety of steps involved in a CPS investigation and interviews of the child may take place at school or at home, including persons CPS determines are necessary to be present.

Important Takeaways: A CPS complaint can arise in a variety of settings such as one spouse in a divorce making complaints of the other to try and improve their chances of getting sole custody or a larger share of the marital estate. There is protection for people who are wrongfully accused. CPS is duty bound to investigate all complaints to protect the interests of children. Being organized and having an experienced family law attorney is important.

In the next podcast in this series we will talk about suits brought by governmental entities to protect the child.

Richard T. Sutherland is an experienced Wichita Falls, Texas divorce and family law attorney. If you need to learn more about what to do when Child Protective Services calls, or any other matter involving the best interests of and care of children, call us at (940) 691-2100 or contact us through our website.

Teaching children about saving money

Nick Augustine July 13, 2018February 8, 2019 Uncategorized

If you want to have extra money and financial security when you are older, you should learn about and save money as soon as you can when you’re young. While this might be intuitive to some, most of us learn how to navigate life by learning from our parents.

The sooner you teach children about the value of money, the more likely it is children will make better decisions and learn financial independence. Saving up money for something a child wants is empowering for them, especially when they start to seek new opportunities to make more money to save. A 12-year-old with a lawnmower and a neighborhood of potential customers can be well on their way to healthy financial future and respect for work and money.

At what age do you teach children about money?

As soon as your son or daughter is old enough to want things, they can learn the concept of earning something. When a toddler wants a toy or treat you can teach incentives by positively rewarding behavior and extra things a young child can do to help mommy or daddy. As a child grows older and understands the concept of saving money for something, try starting with a piggy bank or glass jar in which a child can watch their pennies stack up.

Consider this article in Parents magazine that offers and age-by-age guide to teaching your child about money.

When children grow into young adults there are many more chances to help your son or daughter find the right information they may need to make good decisions with their first significant salary or with their own booming business. Of course, everyone will make mistakes with money and that is how we all learn.

A teenager with a mower and a truck

Kids who grow up cutting lawns to earn money can turn their local income generator into a considerable small business when they have a pickup truck. After earning some new customers through word of mouth, junior can load the push mower in the bed of the truck and make new money. Eventually junior has enough new money to buy a trailer and start a website a social media pages. With advertising and even more new customers the kid with the pickup and the website can finance or purchase a much larger mower and can earn much bigger and better paying projects.

With years of experience in divorce practice, Wichita Falls attorney, Richard Sutherland, knows how much parents are concerned with their children and whether they will be smart and responsible with money. There are lessons to earn at any age and people can always improve their financial health. For information about divorce and family law matters including the preservation of income and wealth, contact the Law Office of Richard Sutherland by dialing (940) 691-2100.

Wichita Falls Divorce Lawyer Richard Sutherland Podcast Interviews

Nick Augustine June 22, 2018February 8, 2019 Uncategorized

Wichita Falls Divorce Lawyer Richard Sutherland Podcast Interviews

Richard Sutherland’s Wichita Falls Family Law website contains several pages, articles and podcast interviews explaining answers to common questions about Texas divorce and family law. While the answer to many questions depend on specific situations, you can listen and learn the common issues involved in a Texas divorce or a case involving parent and child relationships. Call Richard Sutherland in Wichita Falls with specific questions or to schedule a consultation by dialing (940) 691-2100.

Wichita Falls Divorce Lawyer Richard Sutherland Podcast Interviews

Click on the titles/links of the Wichita Falls Family Law podcast interviews to listen

Welcome to The Wichita Falls Family Law Podcast

Meet Wichita Falls divorce attorney Richard Sutherland who explains Texas divorce and family law. Learn about the common issues a client might experience during a divorce or family law case involving children. Listen and learn the basics of child support and custody in addition to common concerns in divorce cases.

Child Support Calculations in Texas

Are you concerned about child support payments? Whether you are married and considering divorce or have a child with another to whom you are not married, you may listen to Richard Sutherland explain how child support is calculated in Texas and who may be obligated to make child support payments. Learn what to expect if you have a situation involving child support payments that are not being made or when it may be necessary to modify a child support obligation.

Texas Child Custody and Conservatorship

In Texas, the Family Code uses the term conservatorship, where most people think of custody. And when most people talk about visitation, the Texas term is possession and access. Listen and learn the differences among and rights and duties of a joint managing conservator, a sole managing conservator, a possessory conservator and a non-parent conservator.

Geographic Restrictions and Relocation

Life happens, and people need to move from time to time. Your divorce judgment and custody arrangement may determine whether you may move freely, or you are limited by the court’s geographic restrictions. Listen to the podcast and learn why courts impose restrictions, why parents act the courts to life them and the factors involved when issues arise regarding geographic locations and children.

Premarital Agreements in Texas

You can make a contractual agreement with your future spouse to state what will happen if the marriage ends. While you can accomplish many goals with a properly written premarital agreement, there are some things you cannot change with a premarital agreement, such as an obligation to pay child support. In this podcast, you will learn the basics of what is required to form a valid premarital agreement, why people want them, and some common situations and issues involved.

Community and Separate Property

The differences between community property and separate property are the focus of this podcast in which Richard Sutherland explains why it matters whether property is considered community or separate. People often ask about the difference between property acquired by devise or descent, and as well how property is titled and whether it matters. Listen and learn how the Texas courts divide the community estate in a divorce and what other issues arise when determining who gets what in divorce.

Marital Debt and Liability in Texas

Are you considering divorce and worried about community debt? Are you worried about being liable for your spouse defaulting on the loan? Wichita Falls divorce lawyer Richard Sutherland explains the basics of sole management and control of community property as well as what happens a spouse or party to a divorce suit defaults on a financial obligation. Before you assume you are going to be ordered to pay the debts of the other, learn about marital debt and liability in Texas.

Kids, summer and social media

Nick Augustine June 1, 2018February 8, 2019 Child Custody, Divorce, Uncategorized

Kids, summer and social media

This summer there are many social media apps and conversations going on in your children’s cell phones and devices keeping the kids preoccupied and parents wondering what they are doing and to whom are they talking?

Whether they are playing video games, texting a good friend about going to the pool later or they are heavily involved in a large group message about who knows what, all a parent can see is that the kid is glued to their phone. While this may seem innocent enough, the potential for mischief is there, and even more prevalent when kids are out of school for the summer and have too much time on their hands.

Do you know what social media apps your kids are using?

Most parents with children old enough to have a phone or device understand that kids use different social media than their parents, on purpose. While many teenagers have a Facebook account, they only post things there for parents and the more adult crowd. Among peers, kids are using everything from Twitter to Snapchat and Instagram, as well as many more social media apps to which you have never been introduced.

See this article with a list of popular social media apps for teens.

The engineers who design social media apps for teens must understand a child’s concern for privacy from spying eyes when the images on the app button on the phone looks like something other than a social media app. For example, there is an app that looks like a calculator and is actually an image storage app. Maybe the thought is that if mom or dad is looking into their kid’s phone, they will not bother to check the calculator app to see if it adds and subtracts correctly.

Find your son or daughter’s username/handle/screen name

The key is finding your son or daughter’s creative username. Unlike Facebook and Twitter, where most people use their real names in their profile, in many of the other social media apps like Instagram, the user makes up their own unique profile name, like a personalized handle they will use on all the other sites. Most people, younger and older use the same personalized screenname so because their peers will recognize them on a variety of social media apps.

Monitoring your kids’ usernames and social media profiles this summer

There are apps you can use to see what your kids are doing.

Once you find your child on Instagram, for example, and make a note of their username, you can then create your own profile on different apps to monitor your kid and figure out what they are up to on their phones all day this summer while they otherwise might be playing sports and other activities.

Most parents pause to consider whether they are breaching the parent-child trust by spying on their kids, but those concerns are quickly alleviated by concerns about bullying and all the other awful segments of humanity to which children can be exposed online and on their social media apps.

During summer break kids have lots of time on their hands and as parents it makes sense to not only pay attention to how much time they are in their phones all summer, but to also monitor their activity the best you can.

For information about Wichita Falls Divorce and Family Lawyer, Richard T. Sutherland, please call (940) 691-2100.

You can follow Attorney Richard T. Sutherland on social media and find useful articles and resources for you and your family. Richard Sutherland is on Facebook, Twitter and LinkedIn. For a virtual library of blog articles and podcast interviews about Texas divorce and family law please visit WichitaFallsFamilyLaw.com.