Areas of Practice

Experienced High Net Worth Divorce Attorney in Katy, Texas, and Harris and Fort Bend County, TX

(832) 674-6800

High Net-Worth Divorce in Katy, Texas, and Harris and Fort Bend County, TX

Some divorce matters involve high net worth, complex property, and can include multiple properties and significant business interests. In this circumstance it is extremely important that you retain an experienced and local Katy, Texas area, and Harris and Fort Bend County, TX, high net worth divorce lawyer as soon as possible. Divorces relating to individuals with high net worth can require significant discovery, forensic analysis, real estate evaluations, and business evaluations. It is not enough to hire an attorney who knows to do these things.  Instead, you must hire a lawyer who knows how to use the resulting information gained from these processes to protect you and your interest.  Because of this a high net worth divorce is more complex and requires the skill of an experienced local divorce lawyer, such as Daniel E. McCarty, Jr., who is familiar with the Harris and Fort Bend County Courts, and Texas Family Law.

Experienced Family Law Attorney in Katy, Texas, and Harris and Fort Bend County, TX

(832) 674-6800

The Texas Family Code provides for parties to enter into a prenuptial agreement before marriage, and such an agreement is enforceable if it complies with the requirements of the Texas Family Code. In essence, a prenuptial agreement is an agreement that is entered into before marriage between two people and which contractually determines the division of property, spousal support and/or attorney’s fees, among other things, upon divorce.

A postnuptial agreement is an agreement that is entered into after marriage between two spouses and which contractually determines the division of property, spousal support and/or attorney fees, among other things, upon divorce. A postnuptial agreement is often referred to as a “partition and exchange agreement.”

Why might you want one of these agreements?

1. Income earned on separate property during the marriage is usually considered community property. In a divorce, and particularly in high asset divorces, a person may reinvest income earned from separate property investments. Without an agreement that the reinvested income retains its separate property character a large portion of the initial separate property investment account may become community property.

2. A person may want to define the character of property upon distribution on death. For example, a person may have inherited property and funds that they want to keep in the family upon death or divorce.

3. A prenuptial and/or postnuptial agreement could expedite the division of property on divorce since these agreements give the parties the opportunity to define the division of community property and/or define what property is community and what is separate.
There are many other reasons you might want a prenuptial or postnuptial agreement, but these are some of the primary ones.

It is important to note that there some things you cannot include in a prenuptial and/or postnuptial agreement, and these provisions are not enforceable.

In order to determine whether a prenuptial or postnuptial agreement would be to your benefit you should call a local attorney such as Mr. McCarty for a consultation. With over two decades of experience handling family law cases for his clients in the Katy, Texas area, including Harris and Fort Bend County, Texas, Mr. McCarty works hard to ensure that his clients’ interests are protected.

Katy, Texas, and Harris & Fort Bend County, Texas Wills, Trusts, and Estate Planning Attorney              

(832) 674-6800

Daniel E. McCarty, Jr. is a local Katy, Texas, and Harris & Fort Bend County, TX, Estate Planning lawyer who has over twenty (20) years of experience in estate planning, including but not limited to the preparation of Wills ( Last Will and Testament ), Trust (s), Power of Attorney, Directive to Physicians ( or Living Will ), and Medical Power of Attorney. 

Mr. McCarty knows how to craft an effective estate plan, and he meets personally with all of his clients to determine their needs, and to create a unique estate plan and Will that meets those estate planning needs.  By doing this Mr. McCarty helps to ensure that an effective Will and estate plan is put into place, and a smooth efficient estate administration will occur after the loss of a loved one. 

It is important to know that your spouse and children are provided for financially.  Without a valid Last Will and Testament and estate plan their future will be uncertain and out of your control.  It is imperative that you plan for the future now by preparing a Will and any other documents needed to protect your loved ones.  As the old adage goes, “If you don’t have a Last Will and Testament, the State of Texas has one for you, and you’re probably not going to like it.”

Deciding to prepare and/or update your Will and make an estate plan is a start, but it is important to choose a local Katy, Texas area Wills, Trusts, and Estate Planning Lawyer who has experience, and who will work with you to craft a unique plan to suit your specific needs and situation.  Many people try to use online forms or hire attorneys who churn out documents and Wills, neither of which takes your needs into account.  While you may save a few dollars up front, your spouse and children will most certainly pay for the lack of attention to detail and specificity in the end.

In matters of estate planning and probate one mistake in your Last Will and Testament or other estate documents can result in major problems down the road, which could result in significant financial loss to your beneficiaries from fees that could have otherwise been avoided.

For peace of mind, and to be sure your estate plan, Last Will and Testament, and other estate documents are done right, contact local Katy, Texas area Attorney Daniel E. McCarty, Jr. now at (832) 674-6800 for a free telephone conference to evaluation your estate planning and Will needs.

Katy, Texas and Harris & Fort Bend County Probate Lawyer and Estate Administration Attorney

(832) 674-6800

Daniel E. McCarty, Jr. is a local Katy, Texas, and Harris and Fort Bend County, TX, Probate Attorney and Estate Administration lawyer who has over twenty (20) years of experience in handling probate and estate administration cases.  Mr. McCarty can assist you in estate administration (probate) or the after-death distribution of an estate to heirs and beneficiaries.

Mr. McCarty understands that few things are more stressful than dealing with the loss of a loved one, and he works closely with his Katy, Texas area clients to help relieve them of this burden.  In working with his clients in Katy, whether they live Harris or Fort Bend County, Texas, he understands that dealing with a complex probate matter is the last thing on their minds, because they are grieving.

He also understands that dealing with the death of a loved one is a complex legal process requiring careful management.  This is why Mr. McCarty is committed to providing the compassionate legal assistance needed to manage your probate case.

Mr. McCarty will also use his expertise to protect your and your family’s interests, and he will assist you in identifying probate assets, finances, beneficiaries, and funds.  He will help with all necessary documentation and/or filings required by the court, and he accompanies his clients to Court when necessary.  Mr. McCarty will use his over 20 years of experience to facilitate your case, regardless of complexity.

Daniel E. McCarty, Jr. helps his Katy, Texas area, and Harris or Fort Bend County, TX, clients understand that the probate process is more than a simple distribution of assets and debts; and, that it is, instead, a system of legal obligations and responsibilities that may require a client to make important decisions that are essential to the completion of the probate process.   Mr. McCarty gives his clients the confidence to make these decisions and complete the mandatory probate steps by: assisting them in understanding the requirements of settling an estate in the Harris or Fort Bend County Courts, by helping them prepare probate documents required by the Harris or Fort Bend County Courts, and representing his clients during probate court proceedings in the designated Harris or Fort Bend County Court.

Some of what Mr. McCarty does for his Katy, Texas, and Harris and Fort Bend County, TX, clients includes, but is not limited to:

Substantiating the validity of a Last Will and Testament

 

Preparing an inventory of probate assets

 

Opening the probate estate

 

Ascertaining debts, including taxes

 

Allocating property

 

Creating required bank accounts

 

Publishing proper notices to creditors

 

Ascertaining and notifying beneficiaries

For peace of mind, and to be sure the probate of an estate is done properly, contact Attorney Daniel E. McCarty, Jr. now at (832) 674-6800 for a free telephone conference and evaluation of your probate and/or estate administration needs.

Experienced Stepparent Adoption Attorney in Katy, Texas, and Harris and Fort Bend County, TX

(832) 674-6800

In Texas, and Harris or Fort Bend County, someone who is married to a biological parent of a child can file a petition with a Harris or Fort Bend County Court to adopt the child. In other words, a stepparent adoption is when a person petitions the court to become the legal parent of their spouse’s child, and to obtain legal parental rights to the child by way of adoption. A person cannot adopt his/her stepchild without the consent and participation of his/her your spouse. In Texas, and Harris or Fort Bend County, there are specific circumstances in which a stepparent adoption may initiated. In order to determine whether you are eligible to file for a stepparent adoption in Harris or Fort Bend County you should consult a qualified local Katy, Texas area attorney, such as McCarty, to evaluate your case.

Generally, in Harris and Fort Bend County, Texas obtaining a step-parent adoption requires two steps. The first step is to terminate the parental rights of the noncustodial parent, and this may be by agreement (voluntary relinquishment of parental rights) or involuntarily (involuntary termination of parental rights). The second step is to complete the step-parent adoption.

The step-parent adoption process is complicated and the party making the request must accomplish multiple tasks before the Harris or Fort Bend Court will grant the adoption. Some of these tasks include, but are not limited to, a criminal background check, a social study, and working with and complying with amicus attorney requests and investigation.

Once a stepparent adoption has be completed the child will have the ability to inherit from the adoptive parent, may have a new name if requested in the process, will have a new birth certificate, and will have two legal parents.

Generally, a stepparent adoption once granted by a Harris or Fort Bend County Court is permanent and cannot be reversed. Further, the adoptive parent will take on the duties of former parent, including but not limited to the duty of financial support and/or child support.

Because the step-parent adoption process in Texas, and Harris and Fort Bend County, Texas Courts, is very complicated, complex, and task intensive it is best to hire an experienced local lawyer like Mr. McCarty to assist you in the handling of your stepparent adoption. With over two decades of experience handling family law cases and step-parent adoptions in the Katy, Texas, and Harris and Fort Bend County, Texas area, Mr. McCarty works hard to ensure that his clients’ interests are protected.

Experienced Paternity ( Parentage ) Attorney in Katy, Texas, and Harris and Fort Bend County, TX

(832) 674-6800

In today’s society it is not uncommon for individuals to have children outside of marriage. When there is a dispute concerning paternity a parentage action is the legal means by which the rights and obligations of the biological parents are established. Because the parties to this type of action were never married these cases can be fact intensive, and a successful result will depend on how these facts are presented to the Court, if necessary.

If you are the father of the child you may find that your rights to visit with the child and/or participate in making decisions about the child’s well-being are challenged. If you are the mother of the child you may have legitimate concerns about the biological father’s ability to care for the child and/or his ability to reasonably make important decisions regarding the child.

In either circumstance, you need an experienced local Katy, Texas and Harris or Fort Bend County, TX lawyer lawyer who understands the complex issues surrounding conservatorship, child support, medical insurance, possession and access, retroactive child support, retroactive medical support, and the multitude of other factors that must be considered and adequately addressed in parentage cases in Harris and/or Fort Bend County, Texas Courts.

In Texas, and in Harris and Fort Bend County, establishing parentage, and defending against a parentage matter, is a complex and fact intensive matter that may have serious financial ramifications for the biological mother and/or the alleged biological father if not handled properly. It is important to consult with an experienced Harris and Fort Bend County paternity lawyer such as Mr. McCarty to ensure that you understand your rights and responsibilities in a paternity ( parentage ) matter. Mr. McCarty has over two decades of expertise in Harris and Fort Bend County, Texas handling paternity ( parentage ) matters, and is available to his Katy, TX area clients to advise them of their rights and to protect their interests.

Experienced Mediation Attorney in Katy, Texas, and Harris and Fort Bend County, Texas

(832) 674-6800

Mediation is a process wherein the parties will usually work with a neutral third-party, who in family law cases is usually a trained mediator and family law attorney. The purpose of mediation is to assist the parties in reaching an agreement with regard to all of the issues in the case, whether those issues may concern property division, division of debt, and/or parent-child issues, to name a few.

The mediator acts as a referee, and does not decide the issues for the parties. In fact, the mediator has no power to force the parties to accept a settlement. Because the mediator is impartial he/she is tasked with the responsibility of assisting the parties in reaching an agreement that meets the needs of both parties and the child, if a child is at issue. A good mediator will help the parties see the issues clearly and consider reasonable solutions, despite the emotion that often accompanies family law cases.

In Texas, and in Harris and Fort Bend County, mediation provides the parties with a less formal environment than would be afforded in a Harris County or Fort Bend County District Court and at trial. And, it allows the parties to come up with settlement terms which are much more specific than what they would obtain from a Harris County or Fort Bend County Judge as part of a ruling at trial. In other words, at mediation you have the opportunity to decide the outcome of your case, and at trial the Judge decides the outcome of your case, whether you like it or not.

Another benefit of mediation is that statements made and information shared at mediation are confidential (with a few exceptions), and cannot later be used against either party at trial.

In some cases, mediation is thought to be the least costly way of resolving a matter, barring an agreement by the parties without the need for mediation. While mediation is not free, and the parties still have to incur the cost of hiring the mediator and attorney’s fees, it is generally less costly then preparing for and attending trial.

In a family law mediation (i.e. divorce ) each party usually attends mediation with his/her attorney. In order to be successful at mediation you need to prepare adequately, and you need an attorney with experience mediating family law cases in your local, such as Harris or Fort Bend County, Texas.. If your attorney is not prepared or lacks the experience to negotiate on your behalf you are not likely to achieve a successful outcome. Negotiating is a skill which is acquired by attorneys by experience and over time, and the benefits of this experience are on full display during the mediation process.

Mr. McCarty has extensive experience representing clients at mediation Harris and Fort Bend County, and is well versed in each step of the process. Mr. McCarty understands that preparation is the key to achieving success for his Katy, Texas area clients at mediation, and he works with each client before mediation to take full advantage of the process.

Because the mediation process is complex it is best to hire an experienced local lawyer like Mr. McCarty to assist you. With over two decades of experience handling family law cases and successfully mediating cases in Katy, Harris and Fort Bend County, Texas, Mr. McCarty works hard to ensure that his clients’ interests are protected.

Experienced Attorney Child Custody Lawyer in Houston, Katy, and Harris County, Texas

(832) 674-6800

When spouses and/or the biological parents of a child(ren) cannot agree on who will determine the residence and domicile of the child(ren) a divorce matter or parentage matter can become very contentious, and emotional. Often the parties are so consumed by the fight that they overlook the impact the fight is having on their child(ren).

An experienced Katy, Texas, and Harris and Fort Bend County, divorce lawyer like Daniel E. McCarty, Jr. always keeps this in mind, and bases his advice on this and other critical issues.

The bottom line, if you are attempting to secure custody or just protect your parental rights you need a local Katy Area, and Harris or Fort Bend County, attorney with years of experience and the confidence to advise you on how to proceed, or your outcome could be less than acceptable.

It is critical to get it right the first time, and to hire the right attorney, when custody is concerned because future attempts to gain and/or modify custodial rights can be difficult and costly.

Experienced Attorney and Spousal Support Lawyer in Katy, Texas, and Harris and Fort Bend County, TX

(832) 674-6800

Texas spousal support law and how to calculate spousal support is governed by Texas statutes and has been clarified by subsequent appellate case law decisions.  While there is no absolute formula for calculating spousal support in Texas there are definite rules which govern whether a Harris County or Fort Bend County District Court Judge may consider spousal support while the case is pending and post-divorce.  

When a Harris or Fort Bend County District Court Judge has the statutory right to grant spousal support to a party there are factors every Judge must and/or may take into account when deciding a spousal support case.  

In order for you to be successful in your request for spousal support, or your request that spousal support be denied, you need an experienced local lawyer who has extensive experience handling spousal support cases in Harris and Fort Bend County, Texas.  

Mr. McCarty has over two decades of experience handling cases in Harris County and Fort Bend County, Texas involving spousal support, and is familiar with the factors used by Harris County and Fort Bend County District Court Judges in considering whether spousal support should, or should not, be awarded to a party.

If you hire an attorney who is not sufficiently familiar with Texas spousal support law and Harris County and/or Fort Bend County Court Procedure you may find yourself agreeing to pay spousal support when the Court could not have otherwise ordered it, or you may find yourself agreeing to accept spousal support in an amount that is below what is required and/or for a time period that is less than what you are entitled to under the circumstances.  Do not let this happen to you.  Paying spousal support when it is not required, or accepting too little support, will directly impact funds available to you on a month-by-month basis, possibly for years.

Experienced Lawyer and Modification of Parent-Child Relationship Attorney in Katy, Texas, and Harris and Fort Bend County, TX

(832) 674-6800

Most issues concerning the parent-child relationship in an existing Texas Order are subject to future modification by the Court. These issues can include conservatorship and/or custodial issues, financial issues such as child support and medical child support, and visitation and/or possession and access, to name a few.

In most circumstances parents can agree to modify a parenting plan contained in a divorce decree, parentage order, or other order containing parental rights. In fact, most Harris County and Fort Bend County District Courts encourage parents with prior orders to work together to reach reasonable agreements regarding changes to parenting plans contained in prior orders, provided those changes are in the best interest of the child.

Regardless of whether an agreement is reached between the parties, in order for the resulting agreement to be enforceable it needs be in the form of an written order ( modified order ) which is signed by the parties, and subsequently signed by the Judge of the Harris County or Fort Bend County District Court with proper jurisdiction and venue. Because of this, and to protect your rights, it is critical that you consult an experienced Katy area, and Harris or Fort Bend County, attorney regarding the drafting of the modified order, and whether the terms of your agreement are, in fact, terms that a Harris or Fort Bend County District Court Judge will accept.

If there is no agreement and/or the other party will not agree to modify the parenting plan you will be required to present your request for a modification to the Judge of the Court. To initiate this request you must file a motion to modify, and the motion must include the proper pleadings and requests, as is required by law. Generally, unless there is an emergency, a Harris or Fort Bend County District Court Judge will not modify the parenting plan without having a trial and/or hearing, in which the parents will be allowed to present evidence as to why they believe the Order should or should not be modified.

In order to change or modify a prior court Order in Texas, and Harris or Fort Bend County, Texas, the party requesting the modification must generally show that there has been a “material and substantial change in circumstances” and that the modification will be “in the best interest of the child(ren)”. Depending on the type of modification requested, the party will also be required to present evidence concerning other facts and circumstances which necessitate the requested modification.

What constitutes “the best interest of the child” can be an ambiguous standard, and it helps to have an experienced local lawyer like Mr. McCarty on your side to assist you in the drafting of an Agreed Order, or to represent you at the hearing or trial of a contested matter. With over two decades of experience handling modifications of the parentage-child relationship in Katy, Texas, and Harris and Fort Bend County, Texas, Mr. McCarty works hard to ensure that his clients’ interests are protected.

Experienced Lawyer and Child Support Attorney in Katy, Texas, and Harris and Fort Bend County, Texas

(832) 674-6800

In the eyes of a Harris County or Fort Bend County District Court Judge the child(ren)’s best interest is the most important aspect of a divorce and/or parentage matter involving children. Harris County and Fort Bend County District Court Judge’s and experienced family law attorneys understand that the very nature of a divorce with child(ren), and a case to establishment of paternity, means that the child’s life is going to be forever altered, and that the child(ren) need to be put in a position where they have the best chance to thrive.  In this circumstance it is imperative that you hire an experienced Katy area, and Harris County or Fort Bend County, child support lawyer who will make sure that the child(ren) receive(s) reasonable and fair economic support (or child support). This can be achieved by ensuring that child support is not to low, or unreasonably high.

When dealing with child support issues it is critical that you hire an experienced and skilled attorney who is familiar with the Harris County and Fort Bend County District Courts’ procedure and requirements in such cases.  

Mr. McCarty has over two decades of experience practicing law in the Katy, Texas area, and in Harris County and Fort Bend County, Texas, handling cases that involve child support in the Harris County and Fort Bend County District Courts.

 As a local Katy Area , and Harris and Fort Bend County, Texas, divorce lawyer and parentage attorney Mr. McCarty has the local experience and expertise you need to ensure that your children receive the proper financial support, which will in turn allow them to continue to maintain the high standard of living they deserve.

Experienced Lawyer and Enforcement and Contempt Attorney in Katy, Texas, and Harris and Fort Bend County, TX

(832) 674-6800

In Harris and Fort Bend County, Texas a party may file a motion for enforcement and/or contempt as to an existing Court Order or Decree, whether that Order or Decree is a final order signed by the Harris or Fort Bend County District Judge, or an interlocutory Order which has been entered pending the finalization of a matter.

A party may file such a motion if another party to the Order has failed to follow or has disregarded a provision in the Order or Decree. Examples of situations when a party may file a contempt and/or enforcement matter include, but are not limited to:

1. Failure to pay Court ordered child support.
2. Failure to provide Court ordered medical insurance.
3. Failure to adhere to or follow Court ordered conservator rights.
4. Failure to allow, or denial of, Court ordered possession and access.

It is important to note that the burden of proof lies with the person filing the motion for enforcement and/or contempt to prove that the violation occurred. If the person filing the motion is unable to prove that a violation of the Order or Decree occurred then the Court will not grant the relief requested, except for perhaps a clarification of the Order or Decree if requested and necessary.

If adequate evidence is presented to prove that a violation of the Order or Decree exists the Court may rule in favor of the movant on the motion for enforcement and/or contempt, and render an Order which provides reasonable requested relief, including but not limited to a modification of the Order / Decree, a clarification of the Order / Decree, punitive relief, incarceration, and possibly attorney’s fees.

Because of the potential for attorney’s fees and even incarceration, a contempt and/or enforcement case in a Harris or Fort Bend County District Court can be a very serious matter, particularly if it has been filed against you. While nothing prevents you from representing yourself in such a matter, it is usually ill advised. Because of this it is best to hire an experienced local lawyer like Mr. McCarty to assist you in the handling of the contempt / enforcement matter. With over two decades of experience pursing and defending contempt and enforcement matters for Katy Area clients in Harris and Fort Bend County, Texas, Mr. McCarty works hard to ensure that his clients’ interests are protected.

(832) 674-6800

Mr. McCarty has a background in litigation handling medical malpractice cases and products liability cases in the Harris County and Fort Bend County, Texas which makes him uniquely qualified to evaluate your personal injury case and provide you the help you need.

Car, Motorcycle, and Auto Accidents in Katy, Texas, and Harris & Fort Bend County, Texas

Car, motorcycle, and auto accident victims are encouraged to contact our Katy, Texas, and Harris & Fort Bend County, Texas personal injury attorney and car accident lawyer if they are injured due to the negligence of another driver.

Premises Liability and Falls in Katy, Texas, and Harris & Fort Bend County, Texas 

Property owners must be responsible for the well-being of guests and others on the premises. Those injured due to the negligence of a property owner should contact our Katy, Texas, and Harris & Fort Bend County, Texas personal injury attorney.

Negligent Security in Katy, Texas, and Harris & Fort Bend County, Texas 

Negligent Security includes recovery for injuries caused by criminal assaults, rapes, robberies and attacks due to insufficient premises security, as well as other inadequate conditions in commercial and residential property.

Wrongful Death in Katy, Texas, and Harris & Fort Bend County, Texas

The loss of a loved one is a painful experience, particularly when the death was the result of another party’s negligence and could have been avoided. Our Katy, Texas, and Harris & Fort Bend County, Texas personal injury attorney is are here to help.

Nursing Home Abuse and Neglect in Katy, Texas, and Harris & Fort Bend County, Texas

Residents of nursing homes should not be subjected to abuse, neglect, or other forms of mistreatment. Our Katy, Texas, and Harris & Fort Bend County, Texas personal injury attorney represents victims of elder abuse and is committed to fair litigation.

Vehicle Rollovers and Tire Defects in Katy, Texas, and Harris & Fort Bend County, Texas

Vehicle rollovers and defective tires cause a number of serious injuries each year that manufacturers could have prevented. Those injured as a result of rollovers or tire defects should contact our personal injury attorney.

Defective Implants and Medical Devices in Katy, Texas, and Harris & Fort Bend County, Texas

Pharmaceutical and Product Defects & Liability in Katy, Texas, and Harris & Fort Bend County, Texas

Manufacturers, designers, and retailers have a responsibility to ensure their products are safely made, properly labeled, and do not harm consumers. If a product harms you or a loved one, our personal injury attorney can help you.

Ship and Boating Accidents in Katy, Texas, and Harris & Fort Bend County, Texas

The personal injury attorney at our firm also handles cases involving ships, boats, and other water vehicles. You should not have to suffer as a result of negligence by another individual or party.

Airplane Accidents in Katy, Texas, and Harris & Fort Bend County, Texas

When airlines fail to uphold standards of safety for their passengers, accidents can occur. Our personal injury lawyer can help you in handling airplane crash cases as well as cases involving slip and fall accidents on airplanes.

Bicycle Accidents in Katy, Texas, and Harris & Fort Bend County, Texas

Bicyclists are often overlooked by motorists and have little to protect them from injuries when an accident occurs. Victims of bicycle accidents should contact our Katy, Texas, and Harris & Fort Bend County, Texas firm for assistance from our personal injury lawyer.

Birth Injuries in Katy, Texas, and Harris & Fort Bend County, Texas

Doctors, nurses, and other healthcare workers can act negligently and make mistakes before, during, or after the birth of a baby that can have lifelong repercussions. Our personal injury lawyer can help birth injury victims.

Construction Site Injuries in Katy, Texas, and Harris & Fort Bend County, Texas

When construction site safety standards are not upheld, accidents can occur that may harm both workers and innocent bystanders. Those injured at a construction site should seek help from our experienced lawyer.

Traumatic Head & Brain Injuries in Katy, Texas, and Harris & Fort Bend County, Texas

Traumatic brain injury (TBI) has many different causes and can be devastating for those who experience it. Our personal injury lawyer is committed to helping TBI victims obtain the compensation and care they need.

Pedestrian Accidents in Katy, Texas, and Harris & Fort Bend County, Texas

Pedestrians are often hit by motorists who drive carelessly or simply do not see them. Our lawyer can help you understand the complex legal issues surrounding this type of auto accident.

Slip and Fall Injuries in Katy, Texas, and Harris & Fort Bend County, Texas

Slip and falls are a leading cause of injuries. These injuries are often caused by dangerous or hazardous conditions on someone else’s property. If you were injured due to the negligence of a property owner contact our Katy, Texas, and Harris & Fort Bend County, Texas personal injury slip and fall attorney or trip and fall lawyer.

Swimming Pool Injuries in Katy, Texas, and Harris & Fort Bend County, Texas 

Swimming pool injuries and drowning deaths often occur because the pool owners fail to make their property safe. We can help those who have been injured at a pool or have lost a loved one due to a drowning death.

Trucking Accidents in Katy, Texas, and Harris & Fort Bend County, Texas

Due to the extreme size and weight of semi-trucks, accidents with these motor vehicles can cause devastating injuries. Our personal injury lawyer can help make sense out of the complicated legal issues surrounding these types of accidents.

Electrocution Accidents in Katy, Texas, and Harris & Fort Bend County, Texas

Electrocution accidents may be the cause of faulty products or lax safety standards and can cause burn injuries and even death. Our personal injury lawyer can help victims of electrocution obtain compensation for their pain and suffering.

If you require legal counsel for nursing home abuse, product liability, slip and fall, car crash accidents, or other injury claims, contact our personal injury attorney in our Katy, Texas office today.

Experienced Lawyer and Protective Order Attorney in Katy, Texas, and Harris & Fort Bend County, Texas

(832) 674-6800

In Texas a person may apply for a protective order with the court in order to stop or prevent family violence. A Harris County or Fort Bend County District Court may issue a protective order if it concludes that family violence has occurred and is likely to occur in the future.

A person my apply for a protective order to stop or prevent family violence by filing in either the county in which the person applying resides or the county in which the person accused of family violence resides. In addition, an adult member of a family or household may request a protective order to protect himself or herself, or another member of the household or family. If a protective order is requested to protect a child from family violence, any adult may apply for same.

In some circumstances a person may need immediate assistance to prevent family abuse or violence. Provided there is evidence of a clear and present danger of family violence, a Fort Bend or Harris County District Court may grant a temporary ex parte order. This type of order is generally granted without a hearing, and without giving other family or household members who are affected by the Order prior notice. Orders such as this are only valid for a limited period of time, but may be extended upon proper application.

If you believe a protective order has been wrongfully obtained against you in Harris or Fort Bend County, Texas then you should contact an experienced local lawyer, such as Mr. McCarty, immediately, to defend your interest and rights. If a wrongfully obtained protective order is not challenged there could be consequences and repercussions in subsequent suits, including but not limited to divorce proceedings.

If you believe you have been a victim of domestic abuse and/or violence and are in need of a protective order then you need to consult with a qualified attorney, such as Mr. McCarty, to assist you in seeking immediate relief.

Because the protective order process in Harris County and Fort Bend County is limited in time and requires evidence to obtain the order it is best to hire an experienced lawyer like Mr. McCarty to assist you. With over two decades of experience handling family law cases and dealing with protective orders for his Katy, Texas area clients in Harris and Fort Bend County, Texas, Mr. McCarty works hard to ensure that his clients’ interests are protected.

Experienced Lawyer and Grandparent’s Rights Attorney in Katy, Texas, and Harris & Fort Bend County, TX

(832) 674-6800

The United States Supreme Court in Troxel v. Granville, held that “the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children”. Therefore, a grandparent’s “possession and access” and “custodial” rights as to a grandchild are limited.

In other words, in Texas, and in Harris and Fort Bend County, Texas, grandparents do not have a constitutional right to see their grandchildren, which is not good news for grandparents who do not get along with their grandchildren’s parents.

If the parents of a child living in the Katy, Texas area, or in Harris or Fort Bend County, Texas, will not let the grandparents visit the child, then the only option for a grandparent is to prove that the child’s parents are not fit or that the child is being hurt by not being able to see the grandparents, which is very difficult to do.

With that said, a grandparent may file for visitation provided he/she can prove that the child’s parent:

– Has not had his or her parental rights terminated;
– Has been in jail or in prison at least 3 months before the lawsuit was filed;
– Has been found to be incompetent by the court;
– Is dead;
– or Does not have court ordered possession or access to the child.

Because securing rights for grandparents is a very limited and difficult process in Katy, Texas, including Harris and Fort Bend County, it is best to hire an experienced local lawyer like Mr. McCarty to assist you. With over two decades of experience handling family law cases and dealing with grandparent’s rights cases for his Katy, Texas clients in Harris and Fort Bend County, Texas, Mr. McCarty works hard to ensure that his clients’ interests are protected.

Experienced Lawyer and Name Change Attorney in Katy, Texas, and Harris & Fort Bend County, Texas

(832) 674-6800

NAME CHANGE OF A CHILD IN HARRIS AND FORT BEND COUNTY, TEXAS

When a child is born Texas law recognizes that the child is the product of two different individuals who are biologically related to the child, even if the biological father may not be known or may not be the legal father as established by a Court order. As a result a biological parent generally has the right to due process notice of any legal proceeding involving his/her child, and this holds true in a request to change the name of a child filed in Harris County or Fort Bend County, Texas.  

A court Order is required to legally change the name of a child, and before an Order can be issued in a Harris or Fort Bend County Court there are multiple steps that must be taken.  Unfortunately those steps are to numerous to be cited here.

In order to initiate a name change of a child action in Harris County or Fort Bend, County, Texas the request for same must be filed by either a parent or conservator or legal guardian of the child.

After the petition has been filed due process notice must be given to any person who has a parental or conservatorship or guardianship interest regarding the child.

If the parties to the suit cannot agree on the name change then a hearing will have to be held before a Harris or Fort Bend County Judge, who will then determine whether the requested name change is in the best interest of the child.

If the Judge agrees with the request for name change an Order granting the name change will be signed by the Judge, and this Order can later be used to obtain a corrected or new birth certificate, and to change the child’s name where needed.

Because of all of the potential interests in a name change case involving a child, a child name change case can be very complicated, absent complete cooperation between all parties to the suit.  It is for this reason that hiring an experienced local Katy, Texas area family lawyer and Harris and Fort Bend County, Texas name change attorney is your best interest.

NAME CHANGE OF AN ADULT IN HARRIS & FORT BEND COUNTY, TEXAS

An adult in Fort Bend or Harris County, Texas can request a name change, and, unlike children, adults may ask for a name change without the agreement of other parties.

In general, in Harris and Fort Bend County, Texas adult name changes are granted as long as the name change is not a method for evading law enforcement or to avoid criminal prosecution, or to avoid creditors. In order to obtain a name change there are multiple steps that are required by Harris and Fort Bend County Courts and Texas Law, including but not limited a criminal background check.

Again, because the name change process can be complicated and task intensive it is best to hire an experienced local lawyer like Mr. McCarty to assist you in the handling of your name change in Harris or Fort Bend County, Texas.

With over two decades of experience handling family law cases and name change cases for his Katy, Texas clients in Harris and Fort Bend County, Texas, Mr. McCarty works hard to ensure that his clients’ interests are protected.