Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 Page 82 Page 83 Page 84GoodLifeFamilyMag.com JULY | AUGUST 2016 63 Asked & Answered Asked & Answered ANSWERS TO YOUR LEGAL QUESTIONS FROM GLF EXPERTS Q: In a family law case where primary custody is contested, is there an age at which the child can choose which parent to live with? A:The child’s preference is but one factor that the Judge must consider, and for good reason: a child is not always the best evaluator of what is in his or her own best interest. Consider the fact that most teenagers would love to live in the household with no rules or structure, but is that really good? Early on in my practice, there were affidavits of preference that children could fill out that would be filed with the Court and would indicate which parent the child wanted to live with primarily. Of course, as you can imagine, many children never typed up these affidavits themselves, but they were all too willing to sign them with the promise of benefits (i.e. a car). There’s a misconception that children can choose which parent they would prefer to live with. In reality, the Family Code merely states that, once a child reaches the age of twelve, the Court shall interview a child as to primary cus- tody and either party requests that the Judge interview the child in chambers in a hearing or final trial. If the child is under 12 years of age, or if primary custody is not a disputed issue in the case, the Judge has complete discre- tion whether to grant a party’s request for the Judge to interview the child in chambers. However, the Judge is not required to follow the child’s preference! Also, Judges and attorneys are aware that children are susceptible to parental alienation. Although it’s an unfortunate reality, there are cases in which one parent attempts to alienate or disparage the other parent to the child in an effort to coerce the child to “choose” him or her. So, in conclusion, children don’t get to make the ultimate decision. If they are above the age of twelve, the Court must interview the children and can consider their preference, but that preference is not binding. They only have the opportunity to give their preference to the Judge, and the Judge makes the decision. Jim Mueller Jim Mueller is the managing partner ofVerner Brumley McCurley Mueller Parker P.C. He specializes in child custody and divorce matters. He is board certified in Family Law, a member of theTexas Academy of Family Law Specialists, and one of the youngest members of the prestigious American Academy of Matrimonial Lawyers. AV-Preeminent rated by Martindale-Hubbell, the highest possible rating in both legal ability and ethical standards, Jim prides himself on handling complex matters with honesty and integrity. As a result, he has been consistently recognized inThe Best Lawyers in America byWoodwardWhite andTexas Super Lawyers. Jim received his bachelor’s degree, magna cum laude and Phi Beta Kappa, from Rhodes College and graduated cum laude from the Dedman School of Law at Southern Methodist University. Forquestionsoraconsultation,contactJimat214.526.5234orjmueller@vbmmp.com. goodADVICE out of a signed contract. Make sure everything promised to you is in the written contract. Insist on a contract that specifically states what the contractor will do, when the work will start and when it will be completed. Make sure the contract includes everything the salesperson or contractor promised and spells out the cost of special orders and materials. Get and keep copies of everything you sign at the time you sign it. PARTFOUR:WHATTHECONTRACTSHOULDSAY Any contract you sign for work on your homestead must contain the following warning next to the space for your signature: “Important Notice: You and your contractor are responsible for meeting the terms and conditions of this contract. If you sign this contract and you fail to meet the terms and conditions of this contract, you may lose your legal ownership rights in your home. Know your rights and duties under the law.” When you sign a contract for home improvements on your homestead, the contractor can legally place a lien on the homestead provided that he complies with the Texas Property Code. If you sign a contract containing the language quoted above and you fail to make the payments, you risk the possibility of the company enforcing their lien. If your contractor fails to pay the subcontractors and suppliers, YOU may be responsible, even though you have not contracted directly with the subcontractor or supplier. If your homestead improvement exceeds $5,000 in cost, the contractor is required by law to deposit your payments in a construction account at a financial institution. Ask the contractor for written verification of the existence of the construction account. Monitor deposits and disbursements to subcontractors, laborers and vendors. Just that simple, right?! Patrick Schurr Patrick Schurr, a partner with the law firm of Scheef & Stone, L.L.P., represents large and mid-size corporate clients and individuals, including financial institutions, manufacturers, distributors, and companies in the construc- tion industries. In addition to representing clients in complex commercial litigation and bank- ruptcy-related litigation, he also represents business clients and individuals in contract disputes and collection matters in both the state and federal courts inTexas through trial and settlements prior to trial. He received his J.D. fromTexasTech University in 1989 and his B.A. fromVanderbilt University in 1986. Forquestionsoraconsultation,contactPatrickat 214.472.2136orpatrick.schurr@solidcounsel.com.