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Answers to your important legal questions from our panel of experts
Often, decisions regarding family matters can have legal implications. Got a legal question for one of our experts? Ask it here.
Here, three of our most trusted attorneys provide their professional insight on navigating challenging situations.
Q: Our 17-year-old daughter has approached us about hosting an after-prom party at our home. We love the idea of having all her friends over to celebrate the special evening. We’re concerned, though, that we could end up with a really big group of kids. Are we responsible for all of them?
A: The quick answer is “yes.” When kids are at your house, you are responsible for them. Typically, I don’t recommend hosting large parties for teenagers; if issues arise or injuries happen, you are liable for them. It’s generally just a bad idea.
A major concern usually involves underage drinking. I’ve witnessed parents trying to manage parties by allowing alcohol but taking everyone’s keys at the door and monitoring consumption to prevent drinking and driving. However, this approach has its pitfalls. It’s illegal, even if you try to control what they consume and how they get home. Parties with a group of teenagers can spiral out of control, leading to various problems. For instance, what if a drunk teen falls down your stairs? Or if a minor suffers from alcohol poisoning? If there are medications in your home that unsupervised kids access, the consequences could be serious.
If you choose to host the party, ensure it’s not an “open” event. Know who will attend, and inform the kids about your strict no-alcohol or drug policy. The primary rule is that you cannot provide alcohol, nor can you knowingly allow it to be present at the party. There can’t be a “pretend wall” where you ignore what the teenagers do on the other side. If you directly provide alcohol or permit it in your house, you may face criminal and civil liability. I sue drunk drivers for a living, and the question always arises, “What was the source of the alcohol?” If you suspect a minor has been drinking—even if they arrived that way—you must ensure they do not drive.
We all want our kids to enjoy prom and celebrate with friends. Just remember they are still minors in the eyes of the law, and as parents, we are liable for any minors in our care.
Robert Chaiken, Chaiken & Chaiken, P.C.
Complex Civil Litigation and Crisis Management involving Business, Personal and Serious Injury Claims
Rob Chaiken received his law degree from the University of Florida in 1991. He is a member of the State Bar of Texas and is also admitted to practice in the United States District Courts for Northern, Southern, Eastern, and Western Districts of Texas and the United States Court of Appeals for the Fifth Circuit. He belongs to the American Association for Justice and the Texas Trial Lawyers Association.
www.chaikenlaw.com
Q: I’m concerned that my wife may be an alcoholic and refuses to accept it or seek help. We’ve been married 20 years, and I love her and want to keep our family together, but her behavior is often erratic and embarrassing for our teenage children. Is divorce my only option?
A: Many people think that the only way for a court to intervene in their spouse’s parenting is through divorce. However, there are alternatives to divorce if you want to continue your life together. After all, this is not only the mother of your children but also someone you care about deeply.
It seems your wife is not neglecting the children’s needs or physically abusing them due to her drinking. However, you can have an attorney file a petition with the court to limit her access to your children and set rules for her decision-making regarding them. This process, called a Suit Affecting the Parent-Child Relationship (SAPCR), does not involve divorce. The court can intervene to determine what’s in the best interests of your children.
To maintain her parental rights, your wife may be required to undergo routine testing, counseling, and treatment for her addiction. For example, the court could restrict her from attending school functions or driving the children anywhere until her substance abuse issues are addressed. The court has broad authority to issue any orders deemed in the best interests of the kids.
While the court can set conditions that your wife must meet to retain her parental rights, ultimately, she cannot be forced to comply. She must understand that failing to meet these conditions will jeopardize her relationship with the children. In the end, it is up to her to take the necessary actions to save your marriage and rebuild her relationship with them.
Substance abuse can have a damaging effect on any relationship, especially concerning children. Your wife has resisted efforts for help. Don’t allow her resistance to stop you from finding support for yourself and, importantly, for your children.
Judge Chris Oldner, Orsinger, Nelson, Downing & Anderson, LLP
Family Law
Judge Chris Oldner serves as Of Counsel at the family law firm Orsinger, Nelson, Downing & Anderson, LLP, where he assists clients dealing with significant legal matters like divorce, child custody, parental rights, and property division. He has presided as the judge of the 416th District Court in Collin County and as the presiding judge of Collin County Court at Law 5.
www.ondafamilylaw.com
Q: With three kids still at home, we know we need to plan for “What if something happens to us?” What do we need to know and how do we get started?
A: First, you need a will. If you pass away without a will in Texas, your estate will enter probate intestate, meaning the state will decide how to distribute your belongings. Depending on your family situation (spouse, children, parents, siblings, etc.), certain relatives will receive a percentage of your estate.
Dealing with a will—or the absence of one—can be less expensive than the complications that can arise from disability and guardianship. Who will look after your children? Who will take care of you? Can your family access the funds they may need?
To begin, contact a lawyer to schedule an appointment. You might believe you can simply obtain a form or copy someone else’s will and that it will have the same effect. You could purchase a “will-in-a-box” or similar product to create legal documents for yourself, but an attorney understands the laws, the implications of particular language, and how differing situations might be addressed. It’s a risk to gamble your family’s future on whether a form or contract will hold up.
It’s wise to hire someone you feel comfortable with, can afford, and can easily contact. It’s also a good idea to ensure they have malpractice insurance. You can verify their status with the State Bar and check for any disciplinary actions. A friend or family member can often provide a referral. Typically, estate planning costs between $1,000 and $4,000 for a couple with children, as lawyers often charge by the hour or by the project. For instance, a will may cost around $1,000.
During your meeting with the lawyer, they’ll inquire about your family and your wishes in specific circumstances. One of the first things they will need to know is who will manage matters if something happens to you. While this can feel overwhelming at first, the fundamental task is to compile a list of three people you trust implicitly. From there, the process can continue.
Colin Smith, Colin Smith Law PLLC
Living Trusts & Trust Administration, Wills & Probate, Living Wills, Asset Protection
Colin earned his law degree from Southern Methodist University. He is a member of the State Bar of Texas, Dallas Bar Association, and the Dallas Trial Lawyers Association. See his complete bio on page 11.
www.colinsmithlaw.com
