Suspended License?

May 2, 2019 2:42 PM Tyler Edmondson

Having a driver’s license is a very important thing to have in your wallet. Sure the picture is a little goofy or they didn’t capture your good side, but there are more important reasons to have one. It proves you are a licensed driver, serves as your personal I.D., lets emergency officials know you are an organ donor and who you are in the case of an accident, shows your legal age if you want to buy alcohol or tobacco, and allows you to travel since most airlines require an I.D. But as awesome and important it is to have a valid driver’s license, there are situations in which you can lose the privilege of having one.

Reasons for a Suspended License

There are numerous reasons your license can be suspended in Texas. Reasons can be anything from not paying traffic tickets to missing fines you didn’t know you had. But the most common reason is a DWI or DUI. Here is a list of other reasons why license can be suspended:

Drug Offenses
Out-of-State Offenses
Traffic Violations
Driving with no license
Driving without insurance
Delinquent Child Support Revocation
Physical or psychological disqualification

There are several other violations that could be a reason for a suspended license and it will cost you if you are caught driving with one. The fine amount in Texas will depend on the circumstances and not only will you be fined, but you could face possible jail time.

You Can Get Your Suspended Texas License Reinstated

Having a suspended license isn’t a death sentence, there are options for getting your license reinstated. If it’s within 15 days of your issued suspension, you might be able to request an ALR, administrative license revocation, in which you will be requestioning a hearing. Stay on top your license status because after the 15 day period you will most likely be denied.

If you’re not happy with the results of the hearing, you can request an appeal. There is no specific time for how long your license will be suspended or cost to reinstate it, that will all depend on your situation. During the time of your suspension, you can get an I.D. card, which is a good idea.

Need Backup?

There is light at the end of the tunnel. But getting your license back is going to take more than just a trip to the TDPS or your local DMV. You will need the expertise of a Wylie attorney to help guide you through the whole process. Contact Edmondson Law, PLLC at 972-442-8326 to learn more about what we can do for you.

Information, Not Legal Advice. We provide the information on this website as a public service. The legal landscape is constantly changing and being modified by state law and case law. As a result, we cannot promise that this information is always up-to-date and reflective of the most current jurisprudence.

We do not intend this information to be legal advice. By providing this information, we are not acting as your lawyer. If you need legal advice, you should contact a lawyer through our number (972) 442-8326 or contact another attorney of your choosing.

Wendy Williams Divorce

April 17, 2019 3:17 PM Tyler Edmondson

According to People, Wendy Williams is splitting from longtime love and manager Kevin Hunter. The daytime talk show host filed for divorce Thursday after two decades of marriage.

“Thank you to everyone for respecting the family’s privacy during this time. Kevin is supportive of Wendy and they are working through this process together,” the personal representative for Wendy Williams told PEOPLE in a statement. “No additional comment will be provided at this time.”

A representative for her show released the following statement: “Wendy and her family have been a part of Debmar-Mercury for over 10 years,. We respect their privacy regarding personal matters. As always, we remain committed to bringing an entertaining and topical show to our viewers.”

Williams, 54, and Hunter, 46, wed on Nov. 30, 1997, and share son Kevin Jr., 19.

Earlier Thursday, Williams hosted her show without wearing her wedding ring — or mentioning any marital issues.

The breakup news comes after a difficult time for the TV personality, who recently revealed that she was living in a sober house. (She has long been open about her past addiction to cocaine.)

And she took an extended hiatus from The Wendy Williams Show from January until March, saying she needed to recover from a fractured shoulder and take care of herself due to her battle with Grave’s disease, an autoimmune disease that affects the thyroid.

But they had their struggles: Hunter cheated on Williams after she gave birth to their son, a painful period she described in her memoir Wendy’s Got the Heat.

Still, they were plagued by persistent rumors of Hunter’s alleged further infidelities ever since.

“I stand by my guy,” Williams said on her show in September 2017. “All is well in Hunterville. Don’t believe the hype and if there was hype, believe me you — I would let you know!”

When she came back from hiatus last month, she once again refuted reports of a split.

“I’m still very much in love with my husband and anyone who’s been married … you know.”

“Marriages have ebbs and flows, marriage isn’t easy. And don’t ask me about mine until you see this gone,” she added, gesturing to her wedding ring. “And it ain’t going anywhere, not in this lifetime.”

This was Williams’ second marriage.

To read the whole story click here: PEOPLE

Premarital Agreement Attorneys in Wylie

Divorce is a scary and sometimes ugly situation. The couple has been working together for years on the Wendy Williams Show and have a net worth near $60 million dollars. Between books, endorsements and hosting the show, Williams brings in an estimated $15 million dollars per year. Because of how public the divorce is, it is possible Williams will pay a lot of money to get it over quickly and quietly. Turns out New York is a fault state and with Hunter’s infidelity and fathering a child with his mistress, there could be grounds to divide the estate in favor of Williams.

It is believed that the couple does not have a prenup. Most lawyers recommend you get a prenup if you are a high earner or have assets you want to protect. Drafting a prenup takes a lot of negotiation, but the end result will protect you. They can be used to protect property designated for children of a previous relationship, protect one spouse from the debts of the other, distinguish separate property from community property, and other purposes. If you are thinking about marriage and have questions about a premarital agreement, contact Edmondson Law, PLLC today. We have years of experience and are here to meet the needs of our clients. Contact us at 972-442-8326 or visit www.wylietxlaw.com to view our other practices.

Guardianship of a Minor

April 10, 2019 4:43 PM Tyler Edmondson

The state of Texas recognizes that parents are the natural guardians of their children. But what if the parents die? Legal action may need to be taken to protect and provide for the child/children and their assets if a guardian is not listed in a will. The court has complete discretion as to who will be the best person to serve the needs of the child. Same goes for disqualifying some individuals.

When looking for a guardian, the court will give preference to family before anyone else. They typically go in order with the person the last surviving parent chose for guardianship, nearest ascendant like grandparents or aunt/uncle, and then a non-relative if the court deems appropriate. There is a process that must be followed and can be complicated. Texas courts recommend the party hire a family law attorney to help throughout it.

If you are the parent of a minor child, you should seriously think about who will be the guardian of your child if something was to happen to you. Most married couples have already discussed this issue and have a candidate in mind, but they fail to take the next and most vital step. If the couple fails to provide for guardianship, generally in their wills, the court would be left to pick a guardian based on what the judge feels is in the child’s best interest.

The judge uses statutory guidelines, but the reality is that if not provided for by the parents, a person who doesn’t know you or your child would be deciding on who would take care of them once you are gone.

Edmondson Law, PLLC.

If you would like to ensure that your child is provided for if something happens to you, the professionals at Edmondson Law can help by drafting you a will with guardianship provisions. Take that next step today by calling estate attorney W. Tyler Edmondson at 972-442-8326 or email our office at tyler@wylietxlaw.com. We are here to help you every step of the way.

Information, Not Legal Advice. We provide the information on this website as a public service. The legal landscape is continually changing and being modified by state law and case law. As a result, we cannot promise that this information is always up-to-date and reflective of the most current jurisprudence.

What is Paternity?

March 27, 2019 3:42 PM Tyler Edmondson

Paternity by definition means the state of being someone’s father. Not every family begins in the traditional way. So, when a child is born to parents who are not married to each other, the law doesn’t recognize the biological father as a legal parent and also doesn’t have legal rights to his child until he becomes a legal parent. This is established through paternity, often through the use of DNA testing. The mother or an alleged father of the child can take paternity action to prove or disprove paternity. Mothers often file paternity actions to establish child support obligations. There are several reasons why a mother may want to establish paternity other than child support.

How Do You Establish Paternity?

There are two ways to establish paternity, “voluntarily” by signing an Acknowledgment of Paternity (AOP) form or “involuntarily” through a court order.

An AOP is a legal form signed by a man and the child’s mother that states the man is the child’s genetic father. This is usually done when the parents aren’t married but agree on the identity of the child’s father.

Sometimes, in order to establish paternity, the court will order an alleged father to take a paternity test. For men unwilling to admit paternity, it can also be established through a paternity lawsuit filed by the mother or by the state on the mother’s behalf. A paternity suit can require the presumptive father to appear in court and submit to a blood test.

Why Establishing Paternity is Important?

Establishing paternity secures the father’s rights as a parent. It also gives the child a legal connection to their father. When you establish paternity, your child gains legal benefits such as social security, health insurance, life insurance, inheritance, and veteran’s benefits, from both parents if they are available. Not only that, but it allows the child access to the father’s family medical history.

Finding a Family Law Attorney

Paternity affairs can be emotionally and legally complex. But, establishing paternity is more than just having a father named on the child’s birth certificate. The child, mother, and father can all benefit. Having an experienced family law attorney can help you understand your rights and responsibilities, legal procedures and ramifications of establishing paternity. Edmondson Law, PLLC has years of experience and can handle your case with regards to your child’s legal rights and well-being. Contact our law office at 972-442-8329 or visit us at www.wylietxlaw.com for more information on how we can assist you.

Probate

March 22, 2019 4:46 PM Tyler Edmondson

Probate is the court-supervised process of authenticating a last will and testament if the deceased has made one. Probate has a process that involves many steps that are all necessary to move assets from the ownership of the deceased into the ownership of the living beneficiary. Unfortunately, probate has a reputation for lasting forever and be a tedious and time-consuming process. Some people can settle within a few weeks or months, while others can deal with it for years. That’s right years! But in the state of Texas, probate isn’t typically something to worry about because it has one of the most simplified probate processes in the nation.

Probate in Texas

Texas has three kinds of probate dependent administration, independent administration, and one unique to Texas, muniment of title.

Dependent Administration involves a lot more court supervision which means the administrator needs the court’s permission to conduct any action in the probate process. This could be anything from selling a house, paying the estate’s debts, or cashing in stocks. It can also be more time-consuming and expensive.

Independent Administration is the most common and favored type of probate administration. It is quicker, less expensive, and simpler. It usually involves only one court hearing and the filing of an inventory. Most Texas wills direct the named executor to pursue independent administration. Even if the will doesn’t provide for independent administration, the executor can ask the court for authority to act as an independent executor if all beneficiaries agree.

Contact a Wylie Estate Attorney

Even if you don’t have a large estate, the process of transferring your assets can be costly and time-consuming. The best way to simplify your situation of distributing your property is by taking the appropriate estate-planning steps and consulting a professional estate planning attorney. Edmondson Law, PLLC has a vested interest in providing the highest level of legal service and representation to our clients. Contact us at 972-442-8326 or visit us at www.wylietxlaw.com. Most of the time all we need is a bit of a nudge to actually begin the process. And, there is no time like the present to get started.

Prenuptial in Texas

March 15, 2019 3:10 PM Tyler Edmondson

A prenuptial is a legal contract or agreement entered by two people prior to marriage. The prenup can include spousal support/alimony and division of property in the event of a divorce. A prenuptial is only valid if it is completed and signed before marriage. Currently, a prenuptial is recognized in all fifty states and typically requires five elements to make it valid: it must be in writing, must be executed voluntarily, full disclosure, cannot be one-sided/unjust, and it must be executed by both parties.

Most people would think they don’t need a prenup because they’re not rich or own any property before marriage. But those days are gone. If you plan to give up your career to raise children, own property during your marriage, or have income separate from your spouse, it would be wise to have a prenup. You can also outline any consequences of adultery that leads to divorce.

Reasons to Get a Prenup

In what circumstances should you consider drafting a prenup? If you or your future spouse brings in major debt, property, children, or more wealth than the other are good reasons to have a prenup.

Dividing debt can limit your responsibility when it comes to your spouse’s debt during your marriage or in the event of a divorce. You can save time and money if you figured out how the debt will be handled.

If you or your spouse inherited property, you both can decide that the property remains with each spouse individually in the time of a divorce.

Prenups can’t prevent a parent from paying child support or force a parent to pay a larger amount. It also can’t pre-determine visitation.

Prenup in Texas

What if you don’t have one? No problem. In the state of Texas, you are protected from the dividing up of assets that legally belonged to you prior to marriage. If you can prove your separate property belongs to you, it will remain yours. But what some people don’t know, if both parties agree, assets acquired during the marriage can be protected in a prenup. For a prenuptial to be legal in Texas, the following requirements must be met:

the agreement has to be in writing
it doesn’t have to be supported by “consideration”
it must have been written and signed with a definite marriage in the future

Family Law Attorney in Wylie

There is nothing easy about asking your future spouse to agree on a prenup. But the reality is that prenups can be beneficial to both parties. While everything above is a brief rundown of prenuptial, you will still need the guidance of a professional family law attorney. The attorneys at Edmondson Law, PLLC have what it takes to craft a prenuptial agreement that will work for you. Contact us at 972-442-8326 or visit us at www.wylietxlaw.com.

Construction Attorneys

March 6, 2019 4:28 PM Tyler Edmondson

Texas is an ever-growing state with developments popping up left and right. According to Texas Economic Development, for the last 10 years, our beautiful state has led the nation in job creation and in population growth. And so came the development of constructing new homes and businesses. While the idea of new homes being built is exciting, homeowners may have a concern of dealing with sketchy, untrustworthy contractors. This can lead to legal conflict between the owners, contractors, subcontractors, or anyone else involved in the project. You can be made promises and guarantees, but unfortunately, you may be left with some “construction defects.”

Modern Contractor Solutions states that construction defects are the most common causes of disputes and litigation in the construction industry. The term varies from state to state but can be generally defined as a defect in the design, the workmanship, and/or in the materials or systems used on a project that results in a failure of a component part of a building or structure and causes damage to person or property, usually resulting in financial harm to the owner. This can include both design and workmanship. Dealing with construction defects can be costly and lower the value of your home. So what can you do?

Experienced Construction Law Attorney in Wylie Texas

The construction industry can be complex and lead to legal conflict with homeowners and contractors. With so much at stake, such as money, materials, and labor you will need the expertise of a professional construction attorney at Edmondson Law, PLLC in Wylie, TX. If you find yourself in a legal battle dealing with a construction project, contact Edmondson Law at 972-442-8326 or visit us at www.wylietxlaw.com for information about our attorneys and law firm.

Felonies and Misdemeanors in Texas

February 27, 2019 10:57 AM Tyler Edmondson

Criminal offenses in Texas are divided into two categories; felonies and misdemeanors. Misdemeanors are considered lesser crimes than felonies Dispite this, these charges should still be taken seriously. They are usually punished with fines and jail time. Misdemeanors remain on your record for life, therefore, will have serious consequences. They could affect your employment, finding a job, attending an institution or higher education, or obtaining a license. Felonies are severely more serious than misdemeanors and can mean the loss of one’s freedom; with time spent in state or federal prison.

Crime and Punishment

Misdemeanor charges in Texas are classified into three categories: Class A misdemeanors, Class B misdemeanors, and Class C misdemeanors. Felonies are classified in three degrees: First-degree felonies, Second-degree felonies, and third-degree felonies.

Some examples of misdemeanors are:

Class A Misdemeanors-Burglary of a vehicle, cruelty to animals, DWI (2nd offense), obscenity, public lewdness, resisting arrest, stealing checks.
Class B Misdemeanors-Criminal trespass, DWI, harassment, prostitution, terroristic threats.
Class C Misdemeanors-Assault by threat, disorderly conduct, issuance of bad checks, leaving a child in a vehicle, minor in possession of alcohol, possession of alcoholic beverage in motor vehicle.

Felony examples:

First-degree felonies- Aggravated assault of public servant, aggravated kidnapping, aggravated robbery, aggravated sexual assault, causing serious bodily injury to a child, senior citizen, or disabled person, murder.
Second Degree felonies- Aggravated assault, arson, bribery, indecent contact with a child, intoxication manslaughter, robbery, trafficking of persons.
Third Degree Felonies- Aggravated perjury, deadly conduct with a firearm, indecent exposure to a child, possession of a firearm by a felon, stalking, tampering with evidence.

Criminal Law Attorneys in Wylie

Criminal law is a complex area and being charged with a felony or misdemeanor should not be taken lightly. It is very important to have the help of a criminal defense attorney that can handle your case and prevent a life-altering conviction if possible. You will need the help of a skilled attorney at Edmondson Law, PLLC. We represent clients throughout the Wylie area. Contact us today and schedule a free consultation by calling 972-442-8326. We are here to fight for you.

Child Custody in Texas

February 12, 2019 4:31 PM Tyler Edmondson

Child Custody in Texas

Last week we talked about the hardships of divorce, especially when children are involved. We also discussed a little bit about child custody laws. The state of Texas recognizes two main categories of child custody, legal and physical and with assigned to two sub-categories, sole and joint.

Types of Child Custody

While Texas courts have options when issuing a custody order, joint custody is what they favor. According to Divorce Source, “the courts favor granting both parents access to the child absent parental misconduct, such as neglect, domestic violence or abuse. Shared custody means both parents share in all aspects of a child’s upbringing. Both parents make medical decisions, and both parents can sign medical release forms and have access to the child’s medical records. Both parents may also be apprised of all aspects of the child’s education.” It is also in the best interest of the child if the home environment of both parents is a positive one which is described in Texas Family Code Section 154.004; you can read more at Divorce Source.

We mentioned the two main categories of child custody, legal and physical. The difference between the two is that legal custody has more to do with the rights and responsibilities of the parent as opposed to the physical aspect of where the child will reside. The parent that has legal custody makes overall welfare decisions such as medical and healthcare decisions, education, and even decisions on religious practices. When parents share joint legal custody or joint conservatorship, they share custody in all aspects of the child’s life. Joint physical custody is when the child splits their time living with both parents. When one parent makes key decisions for the child and has physical custody of the child, they have sole conservatorship. The other parent may have visitation rights, but that does not give them custodial rights.

Edmondson Law, PLLC- Family Law Attorney

These are just a few guidelines to help you better understand custody in Texas. But the best way is to seek help from a professional attorney that has experience in child custody. The team at Edmondson Law, PLLC is here to answer your questions and help guide you in this challenging time. Contact us today and schedule a free consultation by calling 972-442-8326. We are here to fight for you.

Understanding Child Custody Laws

February 5, 2019 3:33 PM Tyler Edmondson

Understanding Child Custody Laws

Divorce is never easy, but it can be even more difficult when there are children involved. So the thought of child custody can be sad to think about or daunting. One thing to remember is after your divorce; you will still be parents together. So deciding on what is best for the child will make their lives and you and your ex’s lives better. You need to remember that not every family goes through hurtful custody battles. It is possible to come out of your divorce with an agreement you both are happy with. Most states prefer divorcing parents to come to an agreement on their own. Understanding child custody law can make your situation less challenging but at the same time overwhelming. If you don’t know much about these complex laws, it could hurt you in your decision making.

What You Need to Know

First off, child custody laws and terminology vary by state. It is beneficial for you to get to know and understand the child custody laws in your state. You should also know if your state takes into account both legal and physical custody, as well as, sole and joint custody. We’ll touch more on that next week.

Legal custody of a child means the parent (with legal custody) has the right to make big decisions that will benefit the child’s wellbeing, such as, the child’s schooling, medical and healthcare decisions. Physical custody designates the child’s living arrangements and, if custody is to be shared, how much time they will spend in the physical care of each parent. In a majority of states, family courts prefer for divorcing parent to come up with an agreement on their own with the help from mediation. This decision can be beneficial for the parents and child by taking part in the decision. This can also help both parents save money by staying out of court.

Family Law Attorneys in Wylie

Working with a family law professional and discussing your situation can help them apply their knowledge and offer guidance. Finding a parenting arrangement that is in the best interest for your child will be one of the biggest decisions you will have to make. You need a team of professionals in your corner if you are having a difficult time agreeing with your ex. The team at Edmondson Law, PLLC will represent you and your needs in this grueling time. Contact us today and schedule a free consultation by calling 972-442-8326. We are here to fight for you.