Texas Estate Planning

Termination of Parental Rights in Texas

There are many issues in the State of Texas when it comes to parental rights. Unplanned pregnancies are not too rare, and a father may discover that he is not the generic father of a child and may decide to stop paying child support. Additionally, sometimes, a parent is simply in no place to have a child. In these situations and others like them, a parent may decide to terminate parental rights to avoid paying child support.

These types of issues can happen as individual suits or as part of an adoption hearing. During adoption proceedings, a parent can choose to give up their parental rights or the court orders that the first parent’s rights are terminated. Even if a parent does not voluntarily terminate their parental rights, there might still be grounds for the termination of their parental rights.

Termination of Parental Rights in Texas

Termination of Parental Rights in Texas

Ways to Terminate Parental Rights

In Texas, there are two avenues for terminating child support:

  • Voluntary termination: Refers to the scenario where a parent agrees to the termination. The parent will sign adequate paperwork reflecting the decision, and then will appear in court to testify that he or she is voluntarily giving up the rights to the child. Voluntary termination of parental rights can also also be used for children who are adopted.
  • Involuntary termination: Parent’s rights are terminated without the parent’s agreement. There are many factors that can result in involuntary termination, such as abandonment, neglect, nonsupport, and no contact with the child.

Reasons For Involuntary Termination of Parental Rights

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There are numerous types of parental behavior that result in the termination of parental rights. Here are some of the common reasons that can lead to termination of parental rights:

  • Abuse or neglect
  • Criminally responsible for the serious injury or death of a child
  • Parental abandonment
  • Refusing to support the child properly

Please keep in mind that this is simply an overview of parental rights laws in Texas. For more information on the termination of parental rights, contact The Fetty Firm today. Additionally, you can reach Rashelle Fetty and The Ferry Firm by calling (214) 546-5746. Furthermore, visit our website for more information on the termination of parental rights. We look forward to hearing from you. Together, we’ll find a comprehensive resolution to your particular case.

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HIPAA Authorization Forms

A HIPAA Authorization Form protects you in instances where you become incapacitated. When you sign this document, you’re choosing someone to be able to access your medical records. This designated person can make decisions about your care in situations where you are no longer able to make those decisions yourself. Without a HIPAA Authorization Form, the laws on medical record privacy could prevent the person you choose from being able to view your records.

HIPAA Forms: What to Know

HIPAA Authorization Forms

What Does a HIPAA Authorization Form Do?

With a HIPAA form, you are able to:

  • Nominate a trusted person such as a family member, friend, or trustee so they can have access to your health care information. The person you choose is normally the same person you name to be your health care power of attorney. Additionally, the designated person can make medical decisions on your behalf if you are unable to do so yourself.
  • Your authorization comes into effect once your health care provider receives a written request.
  • You should note that you are able to recant this form’s authorization at any time. When drafting your HIPAA Authorization document, you’ll document your right to recant as well as stating the revocation procedure.

    Top-Rated Attorney in Texas

    Top-Rated Attorney in Texas

In addition to the HIPAA authorization form, you should also have a Health Care Power of Attorney. Rashelle Fetty and The Fetty Firm are ready to help you as you work on drafting both of these documents and making sure that they are valid. Overall, estate planning is very complex in several aspects.

Rashelle Fetty and The Fetty Firm have vast experience in terms of helping clients draft important documents. In addition to HIPAA forms, we can also help clients draft trusts, wills, living wills, and other important estate planning documents. Contact us at your earliest convenience to learn more about our services. You can reach The Fetty Firm by calling (214) 546-5746. Moreover, you can learn more about HIPAA forms by visiting our website.

Enforcing Modification Orders

Child Custody Laws in Texas

In the state of Texas, child custody is oftentimes referred to as “conservatorship.” So instead of referring to a parent as a “custodian,” courts in the state of Texas are referred to as a “conservator.” Furthermore, conservatorship is the term that describes the legal rights and responsibilities of a parent.

A family law judge decides on the detailed terms of a conservatorship. In the case that both parents come to an agreement for a custody plan, then the courts will just approve a written agreement. In all custody cases, the most important concern for courts is what is the best interest of the child. Moreover, here are the two types of conservatorship in the state of Texas:

  • Joint Managing Conservatorship (JMC)
  • Sole Managing Conservatorship (SMC)

Rights Included in a Conservatorship

Child Custody Laws in Texas

Child Custody Laws in Texas

For the most part, a conservatorship includes the following rights:

  • Getting information from the other parent about the child’s health, education, and welfare of the child
  • Obtaining access to psychological, dental, medical, and education records of the child
  • Ability to speak to a psychologist, physician, or dentist about the child
  • Speaking to a school’s officials regarding the welfare and education status of the child, with the inclusion of school activities
  • Consent to dental, surgical, and medical treatment during an emergency involving dangers to both the health and safety of the child

Joint Managing Conservatorship

In a Joint Managing Conservatorship (JMC),  both parties share the duties and the rights of a parent. Even in this situation, one parent is awarded the exclusive right to make certain decisions. In the case that both parties are named conservators, the courts will specify the responsibilities of each parent separately and jointly.

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Sole Managing Conservatorship

An SMC, or Sole Managing Conservatorship, means that a single parent has the right to make certain decisions regarding the child. Additionally, an SMC gives the designated parent rights, such as:

  • Making a decision on the primary residence of the child
  • Ability to consent to medical and dental treatment
  • Consenting to a psychiatric and psychological treatment
  • Legal right to attend school activities
  • Right to receive child support
  • Ability to make decisions concerning the child’s education

Keep in mind that this is simply an overview of child custody laws in Texas. If you want to learn more about our child custody law services, contact us by calling (214) 546-5746. We look forward to hearing from you and helping you in your child custody case.

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Powers of Attorney: What to Know

At the core of any good estate plan, you’ll likely find a trust. Think about this, who do you trust with making decisions in your best interest when you are unable to do so yourself. Family members and friends might be the first things to come to mind. No matter who you decide, the person you select receives full authority for making important decisions on your affairs. Therefore, the person you choose should be someone that knows you well and is knowledgable about your wishes. This document appoints the person of your choice to manage your personal affairs when you are unable to do so due to sickness or another reason. By creating this document now, you’ll attain peace of mind with the knowledge you’ll receive assistance from someone you trust, rather than a stranger. The Fetty Firm is fully capable of helping clients draft this document and making sure it’s validated in Texas courts. Generally speaking, there are three types of power of attorney:

Powers of Attorney: What to Know

Powers of Attorney: What to Know

  • General Power of Attorney – This type of power of attorney gives the chosen individual full control over all affairs
  • Specific Power of Attorney – There is an option where the designated individual can act on your behalf only in certain circumstances
  • Medical Power of Attorney – The designated individual makes medical decisions on your behalf when you’re not able to so

What to Know

Under Texas law, the individual appointed to manage your affairs has extensive authority. Here are some of the powers the designated individual will have:

  • Opening and closing bank accounts on your behalf
  • Withdrawing money from your bank accounts
  • Selling your property without having to notify you first
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Keep in mind that this is merely a partial list. When choosing someone for your general power of attorney, you’re essentially allowing someone to decide on matters you’d normally manage yourself. Furthermore, this is only a general overview of the powers of attorney. For more information on this and other family law matter, contact The Fetty Firm at your earliest convenience. You can reach us by calling (214) 546-5746. Moreover, click here to set an appointment.

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General Overview of Spousal Support

Formerly referred to as spousal maintenance, spousal support is an alimony payment ordered by the court. In cases dealing with spousal support, the courts will make a decision based on available evidence. If you’re seeking support or if you’re the one paying spousal support, you’ll want to have an experienced family law attorney representing you. The Fetty Firm and its sole attorney, Rashelle Fetty, is fully capable of providing expert representation as you work towards getting the most comprehensive settlement possible. Above all, The Fetty Firm aims to use its experience to help clients living and around North Texas. Contact us at your earliest convenience to learn more about how we can help you.

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Qualifications

Courts can decide on spousal support if the spouse who’s petitioning lacks enough property or assets. Additionally, here are some circumstances that can lead to spousal support:

  • A spouse who’s convicted for an act of family violence. This circumstance can be during the marriage while divorce proceedings or within two years of filing for divorce.
  • The spouse who’s petitioning has either a mental or physical disability. This disability prevents the petitioning spouse from earning adequate income for basic needs.
  • Another qualificative circumstance is when the petitioning spouse can’t earn adequate income for basic needs and the marriage was longer than 10 years.
  • If the petitioning spouse has custody of a child from the marriage and the minor needs care for a mental or physical disability. This need for medical care must prevent the spouse from earning enough income for basic needs.
General Overview of Spousal Support

General Overview of Spousal Support

Keep in mind that unless there’s a conviction for family violence, courts will have an initial assumption that spousal support is unnecessary. As such, it’s important that you acquire the services of an experienced family law attorney. Rashell Fetty is ready to advocate for you. We’ll work diligently with the aim of showing the court the appropriate evidence.

HIPAA Forms: What to Know

HIPAA Forms: What to Know

Another aspect of estate planning to be aware of is a HIPAA form. This document will also protect you in the case that you become incapacitated. By signing this form, the person you choose will have access to your medical records. The reason being so he or she can make decisions based on those records. This form is important as it allows for someone of your choice to decide important matters regarding your health in the instance that you can’t do so yourself. Without a HIPAA form, medical laws may prevent that person from being able to access those important records.  In 1996, the Health Insurance Portability and Accountability Act passed. This act currently enforces legislation that is designed to reduce fraud and abuse in the health care sector.

HIPAA Forms: What to Know

HIPAA Forms: What to Know

Although the law is comprehensive, the part we typically focus on is the protection of health information. Your health information is protected in all aspects under HIPAA. The federal Department of Health and Human Services severe penalizes institutions that are found to violate the HIPAA laws. Generally speaking, these violations stem from unauthorized access to or release of physical or health information. Health care providers have strict rules as to who has access to your personal health care information. As such, it’s imperative that you have HIPAA authorization for your estate planning.

Here Are Some of the Things That a HIPAA Form Does as Part of an Estate Plan:

  • You’re able to nominate a family member, friend, or trustee. The chosen person has access to your health information. Additionally, this person is normally also your health care power of attorney. As such, this person can make medical decisions on your behalf if you’re unable to do so yourself.
  • This type of authorization takes effect when a written request is received by your health care provider.
  • In the HIPAA Authorization document, you’ll note your right to revoke the document along with the revocation procedure.
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Estate Planning and Probate Lawyer

Typically, an estate plan includes both a HIPAA form alongside a health care power of attorney. Furthermore, The Fetty Firm can help draft both documents and ensure their validation. Keep in mind that estate planning can be very complex. Your best bet is to acquire the services of an experienced family law attorney. Rashelle Fetty and The Fetty Firm offer top-rated services to North Texas residents. Contact us today to learn about how we can help you. You can reach us by calling (214) 546-5737. Moreover, set an appointment by clicking here. We look forward to hearing from you. With our services, you’ll have experienced assistance as you navigate your estate planning process.

General Overview of Living Wills

General Overview of Living Wills

An advanced directive, also known as a living will, is an important aspect of estate planning. In short, this document provides doctors and caregivers instructions on what medical treatments you do or don’t want in the case that you’re unable to give those instructions yourself. Those instructions can include orders such as don’t resuscitate and orders regarding organ donation. By creating a living will now, you’ll ensure your last wishes are carried out while also preventing potential problems with loved ones. Living wills typically cover:

General Overview of Living Wills

General Overview of Living Wills

  • Resuscitation, such as CPR or an electric shock to the heart
  • Breathing machines
  • Tube Feeding
  • Dialysis
  • Medicine
  • Palliative care
  • Organ donations

Overview of Living Wills in Texas

A valid living will meets the following conditions:

  • The declarant must be in a state of competence
  • A requirement of two witnesses
  • The living will can be oral with two witnesses and a present physician
  • A written directive becomes part of your medical records. If the directive is oral, the witnesses have to sign the medical record
  • Advanced directives are not operative for pregnant patients
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Top-Rated Attorney in Texas

Keep in mind that livings wills can be revoked at any time. You can sign and date the revocation or choose to do it orally. The revocation of the document takes effect one the document of intent is sent to an attending physician or when the physician is notified of the revocation. This document will remain valid until it’s revoked. Even more, there are additional legal conditions that’ll apply to these documents. As such, it’s best to contact an experienced attorney for a better understanding. Rashelle Fetty and The Fetty Firm can provide answers to your questions.

If you wish to learn more about this delicate matter, contact us at your earliest convenience. You can reach us by calling (214) 546-5746. Moreover, you can set an appointment by clicking here. Together, we’ll work towards a comprehensive, advanced directive based on your circumstances.

The Fetty Firm, PC Receives Statewide Recognition

If you’re looking for top-quality legal services in the state of Texas, turn to the award-winning law firm that is The Fetty Firm. We’re proud to announce that our firm is part of Super Lawyers’ 2020 Texas Rising Stars list. This statewide recognition award is an honor that’s only received by the top 2.5 percent of attorneys in the state. This list recognizes attorneys in Texas who have shown distinguishable work in their legal practice. Even more, this patented selection process is rigorous, and only the best are recognized. After all the data is verified, our firm will be listed as a recipient of the award in popular platforms, including:

The Fetty Firm Receives Statewide Recognition

The Fetty Firm Receives Statewide Recognition

  • The Texas Super Lawyers Magazine – Rising Stars, in April 2020, reaching over 63,000 attorneys
  • Texas Monthly, in April 2020, reaching more than 2.5 million readers
  • Texas Monthly, The Top Attorneys in Texas special edition, in January 2021, reaching over 2.5 million readers
  • The web directory on SuperLawyers.com

We are greatly appreciative of the recognition, and we have our sights on remaining as one of the leading law firms in the state. Thanks to our hard work and dedication, we’ve helped countless residents in the Tarrant County area and beyond. Our practice areas include working in family law, estate planning, probate cases. Overall, our aim is to provide compassionate and understanding support for all of our clients. When you opt for The Fetty Firm, you’re betting on quality service, exceptional customer support, and a consistent and rigorous commitment to excellence.

About Our Firm

The Fetty Firm Receives Statewide Recognition

Contact top-rated attorney Rashelle Fetty

Here at The Fetty Firm, P.C., we take great pride in providing top-quality service to clients in North Texas. Our sole attorney and owner, Rashelle Fetty, grew up in Enid, Oklahoma. She attended college at Old Dominion University in Norfolk, Virginia. During her time at ODU, Rashelle earned her bachelor’s degree in Criminal Justice while playing on the school’s division one golf team. Rashelle began law school Regent University School of Law in Virginia Beach, Virginia, finishing her degree at Texas Wesleyan School of Law. In 2013, Rashelle passed the Texas bar exam, founding The Fetty Firm soon after.

Above all, The Fetty Firm is a great choice for clients looking for understanding and responsive support. Clients are our first priority. We’ll work diligently to demonstrate the difference personal attention makes. If you’re interested in the services of top-rated attorney Rashelle Fetty, contact us at your earliest convenience. You can reach us by calling (214) 546-5746. We look forward to hearing from you. Together, we’ll find the most comprehensive settlement for your case.

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General Overview of Divorce in Texas

As unfortunate as divorces can be, the fact is that they are common occurrences. Simply put, sometimes things just don’t work out. Regardless of the reason for the divorce, these types of cases can be stressful, painful, and quite complex. If you live in or near Tarrant County and are seeking an experienced divorce attorney, turn to Rashelle Fetty and The Fetty Firm. We have vast experience in various types of divorce cases and will work diligently to advocate for your best interests. With The Fetty Firm, you can expect a great work ethic as we aim to get you the best divorce settlement possible.

General Overview of Divorce in Texas

General Overview of Divorce in Texas

Our sole attorney, Rashelle Fetty, founded The Fetty Firm 6+ years ago and has helped countless clients as they navigate the oftentimes complex divorce process. Additionally, we have experience with clients dealing with cases such as child custody, child support, and spousal support. Above all, our goal is to provide compassionate and understanding support to all of our clients. Contact us at your earliest convenience to learn more about why we’re a leading firm in North Texas.

Overview of Divorces in the State of Texas

If you’re in the process of getting a divorce, you should aim to acquire the services of an experienced law firm. We’ve assisted countless clients in navigating complex and high-conflict divorce litigation. Here are some of the aspects of divorce we can help you with:

  • Comprehensive Divorce Planning
  • Uncontested and contested divorce cases
  • High-asset/high net worth cases
  • Marriage Annulment
  • Much more
Great Divorce Planning

Comprehensive Divorce Planning

There are some things you should keep in mind when divorcing in Texas. For one, grounds for divorce in Texas include:

  • Adultery
  • Three years of confinement for incurable insanity
  • Felony conviction and imprisonment for over one year
  • Cruel and inhumane treatment
  • Insupportability

The divorce process can be very lengthy. Some cases can wrap up in as little as 2-3 months. However, some cases can take up as much as 18-24 months. The length of the process depends on factors such as the complexities of the case and the level of disagreement. In the state of Texas, legal separation is not recognized by the courts. As such, even if a married couple “separate,” any property or debt acquired while married is still considered community property and debt. In divorce cases, the best bet is to have an experienced family law attorney by your side. Contact Rashelle Fetty and The Fetty Firm at (214) 546-5746 to for more information.

Child Support Laws in Texas

Child Custody in Texas: Know Your Options

Generally Speaking, parents want the best for their children. Furthermore, parents will go to the end of the world when it comes to giving their children what they feel is best. As such, child custody is one of the most challenging aspects of divorce cases. Just think about it, a child custody litigation process is extensive, lengthy, and in some cases, plain difficult. Therefore, it’s important to have an experienced and dedicated family law attorney with extensive knowledge of child custody in the state of Texas. If you’re in need of experienced and expert attorney services, contact The Fetty Firm at your earliest convenience.

Rashelle Fetty, our sole attorney, is vastly experienced in various types of child custody cases. With over a decade in the legal sectors, Rashelle is an excellent choice for those seeking top-quality legal services. We’ll work diligently to ensure the protection of both you and your child’s rights. One important thing to note when it comes to child custody is staying as informed as possible. Above all, with Rashelle Fetty, you’ll have a compassionate attorney ready to help you work towards the best settlement possible.

Child Custody in Texas: Know Your Options

Child Custody in Texas: Know Your Options

Know Your Options

When dealing with child custody cases, keep in mind that there several custody options available. Rashelle Fetty will thoroughly explain each option and help you on your way towards a comprehensive settlement. There are four different types of custody options. Below you’ll find a little bit about each option.

  • Joint Custody – Joint custody is the preferred option by many of the courts in Texas. This option refers to the scenario where both parents are awarded custody. Furthermore, joint custody breaks down into three types: joint legal custody, shared physical custody, and a combination of joint legal and physical custody.
  • Sole Custody – Sole custody refers to the situation where a parent is awarded both legal and physical custody. As such, this parent makes decisions regarding the upbringing, education, health care, and other important matters. Additionally, the child will live full time with the parent holding sole custody.
  • Temporary Custody – Temporary custody is awarded by the court based around the child’s best interest. This term refers to where the child resides at the start of the process. Keep in mind that temporary custody is a short-term arrangement.
  • Split Custody – Scenarios involving two or more children can have split custody as a possible settlement. In these types of cases, neither parent has full custody of all the children. A split custody arrangement can take into account numerous factors.

    Family Law Firm

    Family Law Attorneys

Overall, the child custody process can be very complex at times. Contact The Fetty Firm at your earliest convenience to learn about our services. You can reach us by calling (214) 546-5746. With our services, your child custody case will have the most comprehensive resolution.