Parental Visitation By Email or Web Cam

Texas Family Code Sec.. 153.0015 - "Electronic Communication with Child by Conservator" allows for parent conservators to visit with their child/children via video, email and other electronic means. Under the family code provision, "electronic communication"... "means any communication facilitated by the use of any wired or wireless technology via the Internet or any other electronic media. The term includes communication facilitated by the use of a telephone, electronic mail, instant messaging, videoconferencing, or web cam." See Sec. 153.0015 Tex. Fam. Code, or for complete text, visit: http://www.statutes.legis.state.tx.us/

In determining the award or order for "electronic communication," the court has to look to certain factors, to include:

(1) whether electronic communication is in the best interest of the child;
(2) whether equipment necessary to facilitate the electronic communication is reasonably available to all parties subject to the order; and
(3) any other factor the court considers appropriate.

Texas has certainly gone high-tech in terms of allowing electronic visitation by conservator parents either as joint or possessory conservators. With the busy lifestyles in today's households, and sometimes the distance that separated or divorced parents may be residing, the law has adapted to meeting these visitation needs.

Although it may be convenient, the Texas Legislature has meant this provision in the Texas Family Code to act as a supplement to visitation and not to replace actual physical visitation.

From a child's and parent-child relationship standpoint, there's still no substitute for physical visitation.

If you are a parent conservator, and wish to modify your existing custody or visitation order, feel free to contact a family law attorney at the Lorenzana Law Firm, P.C.

visit our family law page at: http://www.lorenzanalegal.com/practice_areas/family_law.html

NASCAR Settles $225 million Employment Lawsuit

NASCAR settled a $225 million lawsuit with ex-NASCAR Official Mauricia Grant. The employment lawsuit alleged that during Grant's employment with NASCAR, she was subjected to 23 specific counts of sexual harassment and 34 specific counts of racial discrimination.

Generally in sexual harassment cases, and under Federal and Texas law, an employer may be liable to an employee for instances of "sexual harassment" which can include unwelcome sexual advances to the employee, conduct or other physical or verbal acts of a sexual nature to the employee that occur in the workplace.

The following conduct is generally considered sexual harassment:
1. Direct sexual conduct--an employer makes sexual advances, unwanted statements
2. "Quid pro quo" - job-related benefits are offered in exchange for sexual conduct or act
3. Hostile work environment--the employee is subjected to or an employer maintains an overly sexual work environment.

If you have been the victim of sexual harassment in your workplace in Texas, please contact an Austin employment attorney at (512) 338-0529. http://www.lorenzanalegal.com/

Proposed Texas Foreclosure Deferment Act

In Austin, late October, Texas Attorney General, Gregg Abott proposed a legislative initiative to help protect Texas homeowners from the current nationwide home foreclosure crisis. The proposed act would hold or defer foreclosure proceedings for at least 45 days in lieu of the current 20-day notice. See conference video: http://www.oag.state.tx.us/media/videos/play.php?image=102308mortgage_news&id=320

The Texas Attorney General's Office is also actively pursuing real estate related scams preying on Texas homeowners for such deceptive practices as title-related scams, fraudulent refinancing ploys and other mortgage-related fraud. If you have been a victim or have been approached by one of these real estate scams, contact the Texas Attorney General's Office at (800) 252-8011.

If you have a question about your real estate case or dispute, please visit our website at

http://www.lorenzanalegal.com/practice_areas/real_estate_agreements.html

or call us at (512) 338-0529 for an assessment of your case.

Drug Company Sued by State of Texas For Fraud

In a civil suit filed by the State of Texas against a New Jersey-based Janssen Pharmaceuticals, the suit alleges that Janssen distributed marketing materials or tools disguised as scientific research for Medicaid dollars. See link: http://www.news8austin.com/content/top_stories/default.asp?ArID=227185

Texas has a number of laws protecting its citizens from fraudulent transactions. For example, under the Texas Deceptive Trade Practices Act, a consumer is entitled to treble damages if the allegation for deceptive or fraudulent actions by the seller is proven.

To get more information about your legal rights as a consumer in Texas, visit the Texas Attorney General's website at: http://www.oag.state.tx.us/

$75 Million Property Settlement in Madonna's Divorce

The associated press reported Monday that a $75 million property settlement was given to Madonna's Ex, Richie as part of the couple's agreed division of the marital estate. Part of the value of the settlement included the Madonna home estate Aschombe in western England.
( http://news.findlaw.com/ap/e/1403/12-15-2008/20081215102008_62.html )
Although custody and visitation rights were still being worked out. This may be the largest property settlement ever recorded for a marital estate.

Texas follows community property when it comes to property settlements. Generally, properties or marital assets acquired during marriage is considered community property and therefore equally belonging to each spouse at 1/2 each. Although it's fairly common for spouses to divide property by agreement such as the Madonna v. Richie case, but if the issue is contested, Texas courts look to a number of factors in making property division orders.

If you have a divorce case and need legal advise on an amicable property settlement or dispute, visit our web page at http://www.lorenzanalegal.com/practice_areas/family_law.html , or contact our Austin family law attorneys about your case at http://www.lorenzanalegal.com/contact_us/index.html .
We would be glad to review your case and assist you with your family law or divorce matter.

Austin Law Firm Publishes Legal Blog

Welcome to the Lorenzana Law Firm official blog or blawg. Through this blog portal, comments, articles, news, and other related legal issues can be published and made available for the general public for general circulation of relevant legal information. Feel free to make comments on related blog articles that you find of interest to you or if you wish to make a suggestion for future posting. As part of the firm's client and public relations, we hope to be able to make this blog a useful tool to answer or provide legal information to our valued clients and to the general public.
Please feel free to check our main website at http://www.lorenzanalegal.com/ .