Sherea Vitelli’s Legal Blog

What does joint custody mean in Texas.  It can mean different things depending on who you are speaking to.  Some people use it to indicate that the parent’s split the kids - 1 kid lives with mom and 1 kid lives with dad.  Others use it to indicate that they have week on, week off visitation - kid with mom one week, then dad the next. Whatever your interpertation, ask your attorney what the law is in your state.

The term that family law attorneys in Texas use to designate that both parents share some rights and duties to the kids is “Joint Managing Conservators - JMC.”  The person that the kid lives with is called the joint managing conservator with the right to designate the primary residence of the kid.  When you sit down with your family law attorney, we will ask you who you want to be “primary.”  The designation is important so that we as attorneys know what parent is going to have the right to visitation and what parent is going to get to enroll the child in school along with all the other job duties.

Other states may use joint custody to mean something entirely different.  It is important to talk to your attorney about the different rights and duties that joint managing conservators can share and what kind of custody arrangement a court may be likely to approve in your case.  Most courts frown upon having the kids on a week on, week off schedule because it is so hard on the kids.  It also means that if your kids are of school age, you will need to agree to reside close to the other parent and to agree to the school district that your kids are going to attend.

In any event, telling a Texas family law attorney that you want joint custody is not going to give them enough information about what you really want. Contact me here at Smith & Garg, LLC to assist you in your divorce or custody suit.

Now that I am 7 months pregnant, I am taking more time for myself.  I have been know to hand out tips for relaxing - so take head here come some more. 

Here are a couple tips that I have learned by reading and doing.  Take a couple for yourself and let us see how you are able to relax.

If you are served with papers, hire an attorney, don’t do it yourself.

Go outside and soak up the sun for 10 minutes.  Lets get energized.

Talk to a friend who can make you laugh, not cry.

Play with your animal for 5 minutes.

Go into a room and scream at the top of your lungs. Try this one a couple times.  Then walk out of the room like nothing ever happened.

Smile at everyone you pass, no matter their response.

Do quick 5 minute stretch.

BREATHE deeply for 5 minutes.

These are just some tips for you to enjoy.  I will continuously add to the list so keep checking the website for updates… of Tips to Relax for the Week.  If you can add, then drop me an email, I will be glad to add to the list and try them out. J

Call me here at Smith and Garg, LLC and let’s talk about what is right for your case.

While i have blogged about this before, I am doing it again.  Let me ease your frustration, if possible.  During the divorce process, my clients’ biggest complaint is not about my performance but rather their bill.  I explain upfront to all my clients the process and potential outcome.  I also give guidance on how to maintain a low bill.  Save questions until the end of the week and ask them in one phone call.  This never happens.  My clients love the service, feedback, full knowledge of the work being performed but still complain about their bill.

 When they review their bill they want to know why it is costing so much.  As I explain, it is generally the opposing party either causing the delay or the problems.  For example, I would rather negotiate a pre-settlement offer for divorce clients to ease off some of the issues.  If my client and their spouse know they will agree to certain things, WONDERFUL, let’s put that in writing now so we will not have to address again in the future.  Generally, what ends up happening is we have to go to mediation and then the same goal is accomplished.   It is my job to get my clients what they want but at the same time, I have NO control over the opposing counsel.  Next time you are frustrated with your attorney, stop to think, have they done what I needed them to do with regards to my end of the divorce.  We here at Smith & Garg, LLC work for our clients in the most cost effective manner possible and our referrals can account for that.  Let us help you in your time of need.

Who said toys! Are for boys!  While this is ot your ordinary legal blog  this is to allow my client or potential clients to get to know me better, as if you have not read most of my blogs already.  Those who are keeping track know that I love motorcycles and fast cars.  I own a couple toys, 2007 Corvette Coupe and 2008 GSXR 1000 and 2008 GSXR 750.  I am a part of the Corvette Owners Club of Houston which is a wonderful group of people that enjoy giving back to the community.  I usually enter the car into our “club” shows for charity, although my car is not show quality.   We are also expecting a “little boy” to welcome into the world July 23, 2009.  We have already bought him his first car.  If I could post pictures I would.  Then the other toys we own would be our bicycles.  As many of you know we ride the MS 150 from Houston to Austin every year.  Yes, this year was partially cancelled but Sunday still went strong.  I will not be able to ride next year as the little one will be taking up most of my time.  I look forward to riding again.  So, when you get divorced I completely understand your desire to keep your toys.  Let me help you in your time of need.

It is fun being pregnant and working at the same time.  It keeps my mind occupied rather than the constant worry of whether or not I feel the baby kicking or eating the right thing.  The other day it rained immensely in Cypress and Katy, Texas.  I live in Cypress, Texas and we got about 18 inches of rain.  The news was calling it a mini Allison.  GREAT!  Almost 7 months pregnant and here come the flood waters.  Luckily, we have a ton of retention ponds in our neighborhood which took the actual hit of the rain.  I sat around the house all day going crazy.  The baby which is a little boy, was kicking all day.  At least it seemed that way because I had nothing to do.  I cleaned the house, my car, my dog, and did so much laundry.  YIKES!  My husband I am sure loved the cleaning but was ready for me to get out of the house.  He works from home and my noise did not help his day.  Although it was a good day, I must say I missed being at the office.  I haven’t noticed the kicks as much as I did yesterday but they were wonderful.   So far working has been easy.  I don’t let myself get overstressed at work which is a plus.  Clients are extremely understanding about my situation and so has opposing counsel.  I don’t use it to my advantage or make excuses.  Generally, everything is done prior to its deadline to allow for any errors or omissions.   A couple clients have stressed because of their trial date, which I have been assuring them that I will be there.  I have informed the court and opposing counsel of my due date of July 23, 2009 and everyone has been accommodating.  I will have much more to post once the little tike makes his debut to the world. I will keep everyone posted.  Until then, if you need a divorce, criminal attorney, will, or mediator, contact me Sherea Vitelli here at Smith & Garg.  I will be more than willing to assist you in every need.