Showing posts with label Coronavirus and Law. Show all posts
Showing posts with label Coronavirus and Law. Show all posts

Monday, March 30, 2020

Coronavirus and Custody Issues Can be Chaotic


Those relationships that were inevitable for dissolution have been given new challenges as we continue to navigate the COVID-19 pandemic.  Many people are finding themselves working from home while caring for and schooling young children, which creates enormous stress. Especially if you are the spouse that has been charged with teaching Algebra or Scientific Theory.  In situations where a marital relationship was already suffering before the parties were forced into shelter in place the boiling point may be reached.
Feelings of hopelessness and stagnation are compounded with courts being closed except for true emergencies.  In addition to ending a marriage and battling over custody issues one can almost lose their minds.  If this seems like you, there are some tips to help you cope with the chaos.

1. Perfect is Not Real. Recognize that trying to work from home, care for children, school children, cook, clean, make dinner, etc., all while navigating the uncertainty, is hard! Don’t beat yourself up. The perfect is the enemy of the good. Your children will not be scarred forever if not all if school assignments are completed perfectly, or if screens are used to allow you to get a few hours of work done. Just do the best you can, and don’t be fooled by the pictures of perfection portrayed on social media.
2. Mental health is an Important Exercise. If at all possible, try to engage in some form of self-care each day. Take a walk or engage in some other form of exercise several days per week to clear your head. If exercise is not your thing, spend at least a half an hour each day doing an activity you enjoy.  Taking a half hour to an hour and just closing your eyes in a dark room without any distractions can do wonders for strengthening your mind.
3. Use the 6 foot rule at home. If things between you and your spouse are on shaky ground, try to come to an understanding about personal space for each of you. If it is possible, have one spouse move into a downstairs space while the other spouse remains in an upstairs space. This can allow room for each spouse to breathe and reduce conflict.
4. Conduct Conflict Quietly.   This is easier said than done of course, but it is important to shield the children from as much conflict as much as possible. Children who witness, or worse, are put in the middle of, conflict between their parents experience higher incidents of stress, anxiety, and depression.  We will all get through this and if done right, we can get through this without having long lasting negative effects on the children.
5. There is Help. While Courts are closed, most attorneys are working remotely and can continue to help you navigate you through, or even fast track, your divorce matter. Mediators and conciliators are still working, and many are assisting with cases via phone or video conference. Some judges in some states are even willing to hear uncontested matters via video conference or allow agreements administratively. The closing of the Courts does not have to stagnate progress especially if you are in dire straits.
6. Protection is Available. The Courts are open for urgent matters, including restraining orders and requests to have a spouse vacated from the home. If circumstances get to a point such that you are in fear of imminent physical, bodily harm or the situation is threatening the health, safety or welfare of you, or your children, you should call the police and/or seek out the assistance of an attorney who can work with you to file the necessary emergency paperwork in Court.
There is light at the end of the tunnel as all of us go through these trying times.  However, life will return to normal.
Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.
Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2020, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.  Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.

Thursday, March 19, 2020

Coronavirus affects Courtroom Proceedings


The Coronavirus better known as Covid-19 continues to affect life as we know it.  Nothing seems to be immune from restaurants being shutdown to school closing.  However, the legal process is adapting to some of these sweeping conditions.

As of March 18, 2020 the 416th District Court Rules for Remote Proceedings are as follows:  The Governor  has  declared  a state  of  emergency  and  the  Office of  Court  Administration (OCA)  has  suggested  that  all  non-critical  court  proceedings  should be suspended.  However, technology and state law allows options not previously available.  As  such  the  416th  District  Court of  Collin  County  will  continue to  conduct  hearings  if  the  parties  have the technology  and  desire to  do  so.  The  following  restrictions  and  limitations  will  apply  but  should  be  similar  to  what  is required for  an in-person hearing.  Any  non-essential  requests  for  a  courtroom  hearing  will  be considered but  likely  postponed  per  the current  Collin County  District  Court  Joint  Statement Regarding  Health and  Safety  Concerns. It is anticipated most parties will agree to a “virtual” hearing.
The Procedures for Litigants in the 416th District Court will be using Zoom video conferencing.  It  is  free  to  download  at  z oom.us  or you can  download the  app directly  to  your  cell  phone.  The Court will email you a link to the hearing.  Your  computer  must  have internet  access,  a video  camera  and  a  microphone, preferably  by  way  of  a headset.  IF  YOU CAN  ONLY  PARTICIPATE  VIA  TELEPHONE  YOU MUST COORDINATE  IT  THE  DAY  BEFORE  WITH THE  COURT  COORDINATOR NO  LATER THAN 12:00 PM.


Ensure  the Court  Coordinator  (SJanway@co.collin.tx.us)  has  the email  of  all  participating parties  to  the  case at  the time  of  scheduling the  hearing.  The Court will be the “host” of all hearings.  If  you  intend  to  offer  any  exhibits  during  the  hearing  you  need  to  email  them  to  all  parties, the  court  reporter  (DMoses@co.collin.tx.us)  and  the  Court  Coordinator Sjanway@co.collin.tx.us)  not  later  than  12:00  p.m.  the day before the hearing.  The subject  of  the  email  should be  the full  cause number  and  “  –  Plaintiff  Exhibits”  (or  cause  number “  –  Defendant  Exhibits”).  The documents must be in .pdf format.  The  Court  cannot  consider  any exhibits  not  emailed to the  court  reporter  in  a timely  manner.  If  you  fail  to  follow  this  requirement the  court  reporter  will  not  maintain  these  documents  in the  record.  Documents which have been e-filed and accepted into the Courts file need not be re-sent to the Court.

PROCEDURES FOR WITNESSES:  Witnesses MUST appear by video conferencing.  The  attorney  calling  the witness  is responsible  for  ensuring  that  the  witness  has  a  separate  video  and  audio  feed.  Attorneys should not attempt to “share” a connection with a witness.  All  witnesses  should be prepared to  present a valid form  of  identification  to verify  their  identity  to the Court  over  the video  feed.  It  is  the responsibility  of  the  attorney  offering  the witness  to ensure that  the  witness  has  the link  to  the proceedings  and  that  all  exhibits  are  available  to  the  witness,  including those  of  opposing  parties.

The public should know that the Open Courts Provision of Texas Law allows all Texans access to court proceedings.  As such, anyone may call the court coordinator at 972.548.4520 to get access codes to hearings.  If you are viewing, please mute your connection to prevent disruption to the proceedings.  The public may view or listen to proceedings, but video or audio recording is prohibited.

Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2020, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.  Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.