Shea Beaty Poet PLLC Shea Beaty Poet PLLC 2026-08-05T22:35:08Z https://www.sbp.law/feed/atom/ WordPress /wp-content/uploads/sites/1304518/2026/06/cropped-cropped-star-fav-icon-1-32x32.png On Behalf of Shea Beaty Poet PLLC <![CDATA[What is a continuance in a Texas criminal case?]]> https://www.sbp.law/?p=48227 2026-07-27T09:49:13Z 2026-07-27T09:49:13Z The framework behind trial delays A continuance postpones a scheduled hearing or trial. Either the prosecution or the defense may seek one, and the Texas Code of Criminal Procedure permits it upon sufficient cause shown. Any delay may last only as long as necessary. Some occur automatically by operation of law in circumstances specified by the Texas Code of Criminal Procedure. Others happen by agreement, typically submitted as a written motion where both sides consent and demonstrate good cause to the court. All other postponements rest within the judge's discretion, meaning no delay is granted as an absolute right. If the court denies a request, an appellate court will overturn that decision only if the judge abused their discretion and the refusal harmed the defense.

The grounds for a postponement

Not every inconvenience justifies more time. Texas law and court practice recognize a limited set of reasons:
  • Absence of a material witness despite diligent efforts to secure attendance
  • Late disclosure of evidence counsel has had no fair chance to examine
  • Illness of the defendant, an attorney or a necessary witness
  • Substitution of counsel shortly before trial
  • Observance of a religious holy day, supported by an affidavit
Some justifications for a postponement also come with additional requirements. A second motion based on the same missing witness must show that no other source can provide the same testimony. In cases involving family violence, sexual assault or assault victims younger than 17, the judge must consider the delay's effect on the victim if requested by the state's attorney.

The steps toward proper filing

To begin a petition, you must submit the petition in writing. Someone with personal knowledge of the supporting facts, usually you or your attorney, must verify it under oath. The prosecution may answer with a controverting motion that disputes those sworn statements. The verification is important because an oral or unsworn petition preserves nothing for appellate review. A judge retains the option to grant one as a matter of fairness, but you cannot challenge its denial in a higher court. The timing of your motion also affects the standard the court applies. Doing so before the trial means you only need to demonstrate sufficient cause. Once testimony begins, however, you must identify an unexpected event that prevents the trial from continuing fairly. If the court denies a request based on a missing witness or evidence, you must preserve the error for appeal. This typically requires an attorney to raise the matter again in a motion for a new trial, attaching an affidavit that details what the missing evidence or testimony would have shown.]]> On Behalf of Jeremy J. Poet Law Firm, PLLC <![CDATA[Is a birth certificate enough to protect your parental rights?]]> https://www.sbp.law/?p=47984 2026-06-26T10:03:29Z 2026-06-26T10:03:29Z What a birth certificate does and doesn't do Your child's birth certificate records important information about the birth, including the identity of the parents. Schools, healthcare providers and government agencies use birth certificates to verify family relationships and personal information. A birth certificate is not a court order. Because of that difference, questions can arise in certain situations, including:
  • Having no biological connection to your child
  • Growing your family through donor-assisted reproduction
  • Moving to another state after your child's birth
  • Becoming involved in a dispute about legal parenthood
These situations do not automatically create legal issues. They help explain why some parents obtain an adoption order after a child's birth.

Why courts treat adoption orders differently

An adoption order comes from a court. When a judge finalizes an adoption, the order establishes that legal parent-child relationship. That is one reason some parents pursue adoption even when both parents already appear on the birth certificate. Parents who pursue adoption after a child's birth commonly do so for reasons such as:
  • Establishing rights apart from biology
  • Confirming rights in donor conception arrangements
  • Creating a court order that recognizes the parent-child bond
Courts across the country generally recognize adoption orders because they come from a court. That can become relevant if your family relocates or if questions arise later about a parent's legal status.

Considering the role of adoption

A birth certificate plays an important role in documenting your connection to your child. For some families, that document may be enough on its own. For others, particularly those who used assisted reproduction or similar arrangements, an adoption order may provide another way to establish your rights as a parent. A birth certificate records information about a child's birth. An adoption order establishes that relationship through a court order. For some families, that distinction affects how they choose to document a parent's legal rights.]]> On Behalf of Shea Beaty Poet PLLC <![CDATA[Can my ex change spousal support if I remarry in Texas?]]> https://www.sbp.law/?p=47887 2026-06-18T15:32:39Z 2026-06-18T15:28:24Z Remarriage brings a mix of hope and uncertainty, especially when spousal support is part of your financial picture. Many people in Texas wonder whether a former spouse can step in and change payments once they remarry. The answer depends on the type of support in place and how Texas law classifies it. The distinction matters because not all spousal support follows the same rules, and remarriage can affect each type very differently.

How remarriage affects spousal support in Texas

In Texas, an ex does not automatically gain the right to “change” spousal support just because someone remarries. Instead, the outcome depends on whether the support is court-ordered spousal maintenance or contractual alimony. Court-ordered spousal maintenance is governed by Chapter 8 of the Texas Family Code. Under Texas Family Code § 8.056, this obligation terminates automatically when the receiving spouse remarries. No judge has to approve the termination, and the paying spouse does not need to file a motion to stop future payments. The legal duty ends on the date of remarriage.

Key differences that affect your support

In Texas, there is a massive difference between court-ordered spousal maintenance and contractual alimony. That distinction often determines what happens after remarriage. Contractual alimony works differently because it is based on a private agreement between spouses, not a court mandate. As a result, remarriage does not automatically end those payments unless the agreement specifically says it does.

Protect your financial future with the right information 

Remarriage can significantly affect spousal support in Texas, but the impact depends entirely on whether the support is court-ordered or contractual. Understanding that distinction can help prevent confusion and financial surprises during a major life transition. For guidance tailored to your situation, it is always best to speak with a qualified family law attorney who can review your order and explain your rights clearly.]]> On Behalf of Shea Beaty Poet PLLC <![CDATA[Can grandparents be kept from seeing their grandkids in Texas?]]> https://www.sbp.law/?p=47886 2026-06-16T14:06:28Z 2026-06-16T14:06:08Z Grandparents often play a steady and loving role in a child’s life, offering care, support and emotional stability. As grandparents, few family situations feel more painful than being cut off from a grandchild.  In Texas, grandparents do not have automatic legal rights to custody or visitation. When family conflict, divorce or separation affects those relationships, many grandparents are left wondering whether the law can help preserve their bond. 

When can grandparents seek visitation or custody?

Grandparents can ask a court to step in under limited circumstances, but Texas sets a high legal bar. To get court-ordered visitation over a parent’s objection, a grandparent must show that being cut off from the child would harm the child’s physical health or emotional well-being. 

Factors courts may consider

Every case depends on its own facts. Courts look closely at the child’s circumstances before making any decision. They may consider:
  • The strength and history of the relationship between the grandparent and the child
  • The child’s emotional and physical needs
  • Whether a parent is deceased, absent or unable to care for the child
  • Any evidence of abuse, neglect or unsafe conditions
  • The likely impact of continued or restricted contact
No single factor controls the outcome. Courts weigh all circumstances together and focus on what protects the child’s well-being.

Understanding your options in difficult family situations 

Family conflict involving grandchildren brings emotional stress on all sides. While Texas law does not guarantee grandparents visitation or custody rights, it does allow courts to intervene when a child’s safety or stability may be at risk. Understanding how the law applies can help families set realistic expectations and make informed decisions. If you face a situation involving limited or denied contact with your grandchildren, a family law attorney can help you understand your options and protect your rights under Texas law.]]> On Behalf of Shea Beaty Poet PLLC <![CDATA[How adultery affects divorce proceedings in Texas]]> https://www.sbp.law/?p=47883 2026-05-27T12:19:33Z 2026-06-01T12:18:46Z Choosing fault-based grounds strategically In most cases, spouses file for divorce on the grounds of "insupportability," which is the Texas equivalent of a no-fault divorce. However, you have the option to cite adultery directly as the reason for the split. Making this choice is a strategic legal move. By proving the affair, you ask the court to evaluate your spouse's misconduct when issuing the final decree. This gives the court a legal basis to consider when dividing the marital estate.

Dividing assets after proven infidelity

Texas is a community property state, but a "just and right" division does not always mean a 50/50 split. Under Texas family law, judges can award a larger share of the marital estate to the wronged spouse. If your spouse spent shared funds on the affair, such as for travel, gifts or meals, the court may also apply the concept of fraud on the community. In these instances, the court calculates a "reconstituted estate," which adds back the wastefully spent funds to the total marital property before dividing it. This ensures that your share of the estate reflects what it would have been had the unauthorized spending never occurred.

Securing spousal maintenance after infidelity

Spousal maintenance in Texas is strictly regulated and subject to specific eligibility requirements. If you qualify, the court then determines the amount and duration of support. Under state law, marital misconduct is a key factor the judge can account for in that determination, meaning establishing the affair can support a case for a higher maintenance award.

Meeting the legal burden of proof

To have the affair affect your proceedings, claims of misconduct must be backed by clear and positive evidence. Texas legally defines this as voluntary sexual intercourse, so any circumstantial evidence must be strong enough to convince a judge. Financial records of hotel stays, travel receipts or incriminating communications are common ways to build that case. Gathering and presenting this evidence properly is essential to its admissibility in court.

Protecting your financial and legal future

A divorce involving infidelity demands both emotional resilience and legal precision. Understanding how these laws apply to your unique circumstances, especially when high-value assets and professional reputations are involved, is the first step toward a fair resolution. By focusing on the legal effects of your spouse's actions and knowing your rights, you can approach the process with the confidence needed to protect your future.  ]]> On Behalf of Shea Beaty Poet PLLC <![CDATA[4 reasons to update your child support order]]> https://www.sbp.law/?p=47881 2026-04-24T12:14:17Z 2026-04-29T12:13:35Z A significant change in monthly income Life events like a job loss, medical emergency or a significant promotion can drastically change your ability to pay or your need for support. Texas courts allow for a modification when the circumstances of a parent or child change materially and substantially. However, you must file a formal Petition to Modify and properly serve the other party to start this process. Because the court cannot retroactively eliminate child support debt that accrued before your filing date, acting quickly is vital to your financial health.

The child has new or increased needs

As children grow, their financial requirements often evolve. You may realize that your child now needs specialized medical treatment, academic tutoring or funding for extracurricular activities that were not factors when the judge first signed your order. These new costs provide a strong legal basis for a review of the support amount. Under state standards, Texas judges prioritize the best interest of the child to ensure they receive resources for both daily life and exceptional circumstances.

3 years have passed since the last order

You do not always have to experience a major life crisis to request a legal change. If your current order is at least three years old, you may qualify for a modification without proving a material change in circumstances. This applies if the current monthly payment differs from the state’s guideline amount by either 20% or $100. These specific financial thresholds are current as of April 2026.

A change in the child’s living arrangements

If a child moves from one parent’s home to the other, the existing support order remains in effect until a judge changes it. Even if you now serve as the primary caregiver, the law requires you to continue making payments to the other parent until the court officially signs a new order. Failing to update the legal record while the child lives with you could still result in a judgment for unpaid support. A formal modification ensures that the law reflects your daily parenting reality.

Take the lead on your family’s financial future

Postponing an update to your child support order can lead to severe legal and financial complications that a court cannot fix later. Your current order remains a binding legal mandate until a judge replaces it with a modified version. Safeguard your rights and ensure your child receives the appropriate level of care through proactive preparation. Consulting with an attorney can help you navigate the necessary paperwork to start the modification process correctly.]]> On Behalf of Shea Beaty Poet PLLC <![CDATA[Can child support exceed the Texas statutory cap?]]> https://www.sbp.law/?p=47878 2026-03-26T12:58:54Z 2026-03-31T12:58:22Z Many parents assume that Texas child support follows a hard limit. They believe that once a parent reaches a certain income level, the payments simply stop growing. While the law does set standard guidelines, these rules do not always provide the final word.  High-earning families often find that the basic calculation fails to cover the actual costs of their child’s lifestyle. You must understand how the state handles these limits and when a judge might decide to move beyond them.

Understanding the shift in Texas Law

For years, Texas capped the net monthly resources used for child support at $9,200. This meant that any income above that amount did not factor into the basic percentage. However, the law changed recently and now, the state applies these percentages to the first $11,700 of monthly net income.  This major update directly impacts high-income households across the city. For one child, the maximum guideline amount rose to $2,340 per month. If you have an older order, this new cap might justify a change in your current payments.

When proven needs demand more

The court can look past the $11,700 threshold if the standard amount does not meet the child's best interests. A judge evaluates the “proven needs” of the child to determine if additional support is necessary. This often includes expenses for private school tuition or specialized medical treatments.  High-level healthcare and intensive tutoring also qualify as valid reasons to exceed the cap. The court focuses on what the child requires rather than the parent’s total wealth. You must provide clear evidence like receipts and school contracts to win these requests.

Your partner in the courtroom

Dealing with high-asset disputes requires a sharp eye and thorough preparation. Small errors in income math can cost you thousands of dollars over a child’s life. A skilled attorney can guide you and ensure the court sees the full picture of your family’s needs. Having an advocate in your corner can increase your chance of securing a fair outcome that protects your children and your financial future.  ]]> On Behalf of Shea Beaty Poet PLLC <![CDATA[Can an LGBTQ non-biological parent win custody in Texas?]]> https://www.sbp.law/?p=47874 2026-02-25T09:11:17Z 2026-03-02T09:07:15Z Divorce or separation can feel threatening, especially when you worry about losing your child. You may not be a biological parent, but your role in your child’s life matters. However, Texas courts focus on the best interest of the child. That means your bond, care and support can carry weight in custody decisions. Understanding how the law works in Texas can help you protect your role.

Your legal options as a non-biological parent

Texas law usually gives custody to biological or legal parents. You may face challenges as a non-biological parent. However, you do have options. Your rights depend on whether you are a legal parent (adoptive or presumed parent) or a non-parent caregiver. In Texas, a non-parent usually must meet specific standing requirements before a court can consider best-interest factors. The state also presumes a fit parent should be managing conservator unless it would significantly harm the child’s physical or emotional health. You may have rights through step-parent adoption, custody agreements or prior legal arrangements. Courts also consider situations where you have acted as a parent. Your daily care, emotional support and stability can matter. The stronger your relationship with your child, the more likely a court will recognize your role.

How Texas courts assess non-biological claims

Texas courts use the “best interest of the child” standard. They consider the child’s needs, routine and emotional ties as well as the parents’ willingness to support ongoing relationships. Your involvement can influence the outcome. Some factors that may help preserve your parental rights include:
  • The length and quality of your relationship with your child
  • The emotional and financial support you provide
  • The stability and safety of your child’s home environment
In some cases, the judge may consider the child’s preference based on age and other circumstances. Focusing on these areas can show the court that your role supports the child’s well-being.

Protecting your role without risking the bond

Even as an LGBTQ parent, your involvement is worth protecting. Keep careful records of these and routines you have with your child’s school, extracurriculars and daily care.  Counsel familiar with Texas family law may help you act quickly to strengthen your position. Remember, Texas law prioritizes the child’s best interest. Your consistent presence, care and love can help courts recognize the value of your role, even if you are not the biological parent.]]> On Behalf of Shea Beaty Poet PLLC <![CDATA[Gray divorce: 3 legal safeguards for retirement and pensions]]> https://www.sbp.law/?p=47870 2026-01-28T09:02:34Z 2026-02-02T09:02:12Z The QDRO process for retirement accounts A standard divorce decree is not sufficient to divide an ERISA-governed 401(k) or a traditional pension. Federal law strictly requires a Qualified Domestic Relations Order (QDRO) to recognize a former spouse's right to receive these benefits. This specialized court order tells a plan administrator to pay a portion of the account to you directly. When done correctly, it allows for a penalty-free transfer of funds so you receive your share without losing money to the IRS.

Social Security benefits for former spouses

If your marriage lasted at least 10 years, you may be eligible to collect benefits based on your former spouse’s work record. To qualify, you must have reached age 62 and not have remarried. If your ex-spouse has not yet applied for their own benefits, you must also have been divorced for at least two continuous years before you can claim. Taking these benefits does not reduce the amount your ex-spouse receives.

Health insurance transitions after divorce

Once a divorce is final, you can no longer stay on a spouse’s employer-sponsored health plan. If you are not yet 65 and eligible for Medicare, you must find a new way to get coverage. Federal COBRA rules generally allow for 36 months of continued coverage if the employer has 20 or more employees. For smaller businesses, Texas state continuation rules typically limit this period to nine months.

Seeking legal guidance for property division

Preparation allows you to move forward with the confidence that your retirement is protected. Because every financial situation is different, an experienced family law attorney can review the specific details of your marital estate. Seeking professional counsel ensures that you do not overlook complex filing deadlines or federal regulations that could impact your long-term stability.  ]]> On Behalf of Shea Beaty Poet PLLC <![CDATA[Contested vs. uncontested divorce in Texas: Which path are you on?]]> https://www.sbp.law/?p=47869 2026-02-18T16:27:19Z 2026-01-13T16:15:16Z Uncontested divorce This happens when both parties agree on all issues, including dividing property, allocating debt, and child custody. In Texas, this is often called an "Agreed Divorce." Although this route is quicker and less costly, you must still adhere to the 60-day waiting period mandated by the Texas Family Code. After drafting the paperwork and completing the waiting period, a judge can approve the Final Decree of Divorce.

Contested divorce

If during the separation process there is a disagreement on even one issue, this is considered a contested divorce, and will involve some steps:
  • Discovery: A formal exchange of financial records and evidence
  • Mediation: Often required in Texas counties, where a neutral party aids in resolving disputes
  • Trial: If mediation doesn't succeed, a judge (or sometimes a jury) will make the final decisions
In contested cases, strong guidance is essential for handling intensive discovery and courtroom proceedings. But in uncontested cases, a small mistake can result in a series of long legal hurdles. In any case, you can talk to a lawyer that is well versed in divorce proceedings, so this process can be as smooth as possible.]]>