Houston Adoption Lawyer, Texas, page 2

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LEGAL TERMS

GUARDIAN OF THE ESTATE

Someone appointed by a court to care for the property of a minor child that is not supervised by an adult under some other legal method, such as a trust. A guar... (more...)
Someone appointed by a court to care for the property of a minor child that is not supervised by an adult under some other legal method, such as a trust. A guardian of the estate may also be called a 'property guardian' or 'financial guardian.' See also guardian.

FOSTER CARE

Court-ordered care provided to children who are unable to live in their own homes, usually because their parents have abused or neglected them. Foster parents h... (more...)
Court-ordered care provided to children who are unable to live in their own homes, usually because their parents have abused or neglected them. Foster parents have a legal responsibility to care for their foster children, but do not have all the rights of a biological parent--for example, they may have limited rights to discipline the children, to raise them according to a certain religion or to authorize non-emergency medical procedures for them. The foster parents do not become the child's legal parents unless the biological parents' rights are terminated by a court and the foster parents adopt the child. This is not typically encouraged, as the goal of foster care is to provide temporary support for the children until they can be returned to their parents. See also foster child.

DILUTION

A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurr... (more...)
A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurred. In this case, trademark infringement exists even though there is no likelihood of customer confusion, which is usually required in cases of trademark infringement. For example, the use of the word Candyland for a pornographic site on the Internet was ruled to dilute the reputation of the Candyland mark for the well-known children's game, even though the traditional basis for trademark infringement (probable customer confusion) wasn't an issue.

CENSUS

An official count of the number of people living in a certain area, such as a district, city, county, state, or nation. The United States Constitution requires ... (more...)
An official count of the number of people living in a certain area, such as a district, city, county, state, or nation. The United States Constitution requires the federal government to perform a national census every ten years. The census includes information about the respondents' sex, age, family, and social and economic status.

INCOMPATIBILITY

A conflict in personalities that makes married life together impossible. In a number of states, incompatibility is the accepted reason for a no-fault divorce. C... (more...)
A conflict in personalities that makes married life together impossible. In a number of states, incompatibility is the accepted reason for a no-fault divorce. Compare irreconcilable differences; irremediable breakdown.

STEPCHILD

A child born to your spouse before your marriage whom you have not legally adopted. If you adopt the child, he or she is legally treated just like a biological ... (more...)
A child born to your spouse before your marriage whom you have not legally adopted. If you adopt the child, he or she is legally treated just like a biological offspring. Under the Uniform Probate Code, followed in some states, a stepchild belongs in the same class as a biological child and will inherit property left 'to my children.' In other states, a stepchild is not treated like a biological child unless he or she can prove that the parental relationship was established when he or she was a minor and that adoption would have occurred but for some legal obstacle.

COMMON LAW MARRIAGE

In some states, a type of marriage in which couples can become legally married by living together for a long period of time, representing themselves as a marrie... (more...)
In some states, a type of marriage in which couples can become legally married by living together for a long period of time, representing themselves as a married couple and intending to be married. Contrary to popular belief, the couple must intend to be married and act as though they are for a common law marriage to take effect -- merely living together for a long time won't do it.

FAMILY AND MEDICAL LEAVE ACT (FMLA)

A federal law that requires employers to provide an employee with 12 weeks of unpaid leave during a year's time for the birth or adoption of a child, family hea... (more...)
A federal law that requires employers to provide an employee with 12 weeks of unpaid leave during a year's time for the birth or adoption of a child, family health needs or personal illness. The employer must allow the employee to return to the same position or a position similar to that held before taking the leave. There are exceptions to the FMLA: the most notable is that only employers with 50 or more employees are covered--about half the workforce.

STIRPES

A term used in wills that refers to descendants of a common ancestor or branch of a family.

SAMPLE LEGAL CASES

TEXAS BAY CHERRY HILL v. City of Fort Worth

... police investigation). 2. The City's adoption of the Plan is a governmental function. Before turning ... the Plan. Thus, a threshold question is whether the City's adoption of the Plan is a governmental or a proprietary function. The Plan ...

In re HG

... In November of 2005, more than two years after the final adoption, Lori Gibbens filed for divorce and a final decree was entered in March of 2006. ... Because the Glynns were managing conservators at the time of the adoption, their consent was part of the adoption process. ...

Guillaume v. City of Greenville

... budget. The City's charter requires the city manager to submit the budget to the city council every year for its approval and adoption. ... We will have more adjustments to make between the presentation and the final adoption. I ...