Family Law and Divorce Attorney

Shane Kersh-My Journey Through Law School  It wasn't easy, but somehow I made it.  I started with nothing and made it through law school in one piece.   

Published 11/23/2020 by Shane Kersh Understanding Muniment of Title in Texas What is it?  A Muniment of Title is a legal term for a document, title, deed, or other evidence that indicates ownership of an asset. In Texas, a court may admit a Will to probate as a muniment of title if the court is satisfied that the Will should be admitted to pro...

Published 11/20/2020 by Shane Kersh Introduction to Probate Do not fear probate! Texas has a simple, streamlined process (compared with other states). Why do people say they want to avoid probate? Do people need the best probate attorney possible?  Of course!! Time consuming Slow Costly Public Purpose of the probate process: The ultimate goal ...

Published November 2, 2020 by Shane Kersh It is always a difficult time if you are dealing with a probate issue.  Usually, this involves the death or incapacity of a loved one.  In order to make things a little less difficult we wanted to provide you with a list of items to have available during your initial consultation. The process of p...

Published October 30, 2020 by Shane Kersh Texas Probate Options People die WITH Wills (testate) and WITHOUT Wills (intestate) My analysis always starts with - Is there a Will or not? When someone dies WITH a Will (testate) options: Muniment of Title Independent Administration Dependent Administration Affidavit of Heirship Muniment of Title What is ...

Posted 10/30/2020 by Shane Kersh We always strive to be the best probate lawyers in Pearland.  Doing the best we can for our clients is our only focus.  Take a look at this overview on guardianship of the person.  Hopefully this will provide some answers to any questions you might have.   GUARDIANSHIP OF THE PERSON AND...

 fPublished June 17, 2020 by Shane Kersh Sometimes family law is not about a mom and dad, or a husband and wife. Sometimes, grandparents become entangled in lawsuits because they have little or no choice but to intervene.That certainly was the case with Jim and Eda. Jim and Eda were well on their way to enjoying a simpler time.Both had retired...

Published on June 4, 2020 by Shane Kersh As most Americans, I am appalled and outraged by the tragic and unnecessary deaths of George Floyd, Ahmaud Arbery and Breonna Taylor.I am equally appalled and outraged by the rioting and violence committed by groups such as Antifa. Both George Floyd and Breonna Taylor were killed as the result of corrupt and...

Published April 30, 2020 by Shane Kersh Unfortunately, this is something we are going to see a lot of.Good people-who have never been late in paying court ordered child support-have lost their jobs or been placed on furlough. Some folks are eligible to receive unemployment, but even that does not go very far when the person has a mortgage, car paym...

 So what does a Texas divorce really mean?!? Published March 15, 2020 by Shane Kersh There are usually three main parts to a Texas divorce with children.  First, is the dissolution of the marriage either, with or without a fault ground. Second, would be the just and right division of the marital estate, along with confirmation of any sepa...

How are Texas Family Law Courts being conducted during COVID-19 Shelter in Place  Published April 15, 2020 by Shane Kersh There have been lost of questions about how family law courts are being conducted during the COVID-19 shelter in place. For the most part, the courts are closed for hearings and trials that were originally set, and are not ...

Do I get to see my children during COVID-19 Shelter In Place?  ​All periods of possession and access (visitation) should be as routine as before the COVID-19 pandemic. Remember, most trial courts and the Texas Supreme Court have said that the terms for visitation as set by the original order shall be followed.  Additionally, the original ...

What if I'm not getting child support due to COVID-19  Unfortunately, the Covid-19 Pandemic has caused a great deal of stress on families and the family law system.  If you are not receiving your court ordered child support due to COVID-19 that only adds to the stress and anxiety. There are remedies for you, however, none of those are goi...

 What if I can't pay my child support due to COVID-19 There are lots of questions about child support payments during this COVID-19 Pandemic. Remember that even if you've been laid off or placed on furlough, you still have to pay your court ordered child support under the existing order.  However, there are steps you can take to protect y...

The Supreme Court of Texas has issued another advisory opinion stating that the shelter in place order does not affect possession and access to the children.  This means that parents must continue to follow the language of the order and the original school calendar regarding visitation.  Please make sure you are following the order t...

Kersh Law Firm Update II-COVID-19 Published March 23, 2020 by Shane Kersh   To all our current and past clients, I want to take a minute to give you another update during these trying times. The Kersh Law Firm will be open and operating at full staff until we are told otherwise. The Kersh Law Firm is fully invested in resources that will allow...

Published March 19, 2020 by Shane Kersh

COVID-19 and Visitation

 

Unfortunately, the entire world has been turned upside down by the outbreak of COVID-19, and Texas Family Law certainly is not immune.

Most courts are closed to all matters except for mandatory or emergency settings. This list would include CPS cases, protective orders, writ of habeas corpus and some temporary restraining orders. This unfortuante circumstance makes it impossible to set matters for a hearing-meaning that there will be many issues that will need to wait to be heard and decided by the courts.

Our office has received numerous calls from clients (and non-clients) about how to handle periods of possession and access for the children. Some folks are refusing to return the children, while others are concerned about long distance travel for their kids.

The Supreme Court of Texas has issued emergency orders on this matter, and I’m advising our clients is to follow the original order and the language of the original published school calendar.

The emergency order states,"possession and access shall not be affected by the school’s closure that arises from an epidemic or pandemic, including what is commonly referred to as the COVID-19 pandemic."

I have no idea how the courts will handle all of the enforcements which are sure to come, but I highly advise people not put themselves in a position to find over a selfish act.

To be the best family lawyer for our clients, I would hope we all use common sense during this time and simply advise our clients to follow the court’s order and put the children first.

Published March 19, 2020 by Shane Kersh

What a world of difference the newly formed 461st Judicial District Court  has made to the practice of family law in Brazoria County. Along, with the 300th Judicial District Court, Brazoria County has come of age in the arena of family law.  Brazoria County has needed an additional family law court for years.  It's finally here. The ...

About Shane Kersh Updated January 14, 2020 by Shane Kersh There are so many blogs explaining who someone is-or wants to be. Almost every law firm has a site dedicated to telling people about the lawyers and support staff. But, do these cookie cutter paragraphs really help folks understand who the person is? Not usually. Most of the time the po...

Published 6/12/2019 by: Shane There is no single definition.  Generally, a mistake is defined as any act or omission that either harms your children or damages your position in the case. Over the years, it’s amazing what I’ve witnessed clients and opposing parties do during the litigation phase of a custody case. I’ve seen a father who had jus...