Harrell, Stoebner & Villanueva, P.C.Harrell, Stoebner & Villanueva, P.C.2026-11-13T22:13:07Zhttps://www.templelawoffice.com/feed/atom/WordPress/wp-content/uploads/sites/1505075/2024/10/cropped-favicon-32x32.jpgOn Behalf of Harrell, Stoebner & Villanueva, P.C.<![CDATA[How to modify a child custody order in Texas]]>https://www.templelawoffice.com/?p=528762026-10-29T15:30:03Z2026-10-29T15:30:03ZWhat counts as a material and substantial change?
Texas courts do not change custody orders just because you want a different schedule. You generally must show a real change affecting the child, one of the adults in the case or another person named in the order.
Common examples may include:
A major job relocation.
A significant change in work hours.
A serious medical issue.
A major change in home stability.
A safety concern affecting the child.
School records, medical records and parent communications can support the request.
How does the modification process work?
If both parents agree, they may submit an agreed modification order for court approval. If they do not agree, the case may go through negotiation, mediation or a hearing. The Texas State Law Library outlines the custody modification process. In most cases, you must file in the court that issued the original order.
A child’s preference does not control the outcome
If a child is at least 12, any party to the case, including either parent, can ask the court to interview the child about custody and primary residence preferences. Even then, the judge does not have to follow the child’s wishes.
In a contested case, proof of school issues, health concerns, missed visits or parent communications can help the court evaluate the request. Those same facts may also matter in related Texas family law proceedings, including parenting time or support disputes.
What to consider before filing for a modification
You need legal grounds, evidence and a showing that the change would help your child. If you are filing within one year of the current order, Texas law also requires a sworn affidavit with specific circumstances before the court can consider the request. A Texas family law attorney can review your evidence and help you decide whether filing makes sense.]]>On Behalf of Harrell, Stoebner & Villanueva, P.C.<![CDATA[Should you go to the doctor after a minor car accident?]]>https://www.templelawoffice.com/?p=527632026-10-15T19:30:24Z2026-10-15T19:30:24ZInjuries don't always announce themselves right away
Some of the most common crash injuries leave no visible marks. You might not feel them immediately, but they can cause real problems down the road. Here are some common hidden injuries:
Whiplash and soft tissue damage: Your neck, back and shoulders absorb tremendous force during a collision, even at low speeds.
Concussions: A sudden jolt can cause your brain to move inside your skull, leading to a traumatic brain injury.
Internal injuries: These are less common in minor crashes, but damage to organs or internal bleeding might not show obvious symptoms at first.
Herniated discs: Spinal injuries can develop gradually, causing pain and mobility issues weeks after the accident.
These injuries need professional evaluation because they won't always show up as immediate pain or visible damage.
Symptoms that might not appear until days later
Your body releases adrenaline immediately after a stressful event like a car crash, and it can mask pain effectively in the short term. This natural response helps you handle the stressful situation, but it also hides injuries. Once the adrenaline wears off, you might notice symptoms like:
Neck stiffness and soreness that worsens over the first few days
Headaches that begin hours or even a day after the crash
Back pain that increases with movement or sitting for extended periods
Dizziness, memory fog or difficulty concentrating after a head impact
Numbness or tingling in the arms or legs following a neck or spine strain
Waiting until these symptoms become severe makes both treatment and documentation more complicated.
Medical records create a clear timeline
When you see a doctor soon after an accident, you create official documentation linking your injuries to the crash. A doctor's report establishes when symptoms started and connects them directly to the collision.
This documentation becomes critical evidence if you file a claim for compensation. Without it, insurance adjusters might argue your injuries came from somewhere else or aren't as serious as you claim.
Take care of your health first
Even if you feel fine, a medical evaluation rules out anything serious and creates a record that strengthens your claim. Your health matters more than anything else, and early detection prevents small problems from becoming major complications.
Getting checked out also protects your ability to recover fair compensation for medical bills, lost wages and vehicle repairs. A quick visit now could save you from serious health issues and legal headaches later.]]>On Behalf of Harrell, Stoebner & Villanueva, P.C.<![CDATA[What employment laws apply to small businesses in Texas?]]>https://www.templelawoffice.com/?p=526092026-10-12T07:24:28Z2026-10-12T07:24:28ZWhich laws apply to Texas employers?
Federal laws set basic rules for many employers. The Fair Labor Standards Act (FLSA) sets minimum wage, overtime pay and recordkeeping rules for covered workers. Title VII of the Civil Rights Act bans job discrimination based on race, religion, sex, color or national origin. It generally applies to employers with 15 or more employees.
Other federal and state laws may set different employee-count limits. Small businesses should not assume they have no legal duties just because they employ fewer than 15 people.
Texas law also sets rules for employee pay. The Texas Payday Law requires employers to follow regular pay schedules and pay workers on time. Employers must also follow state rules on final paychecks and wage deductions. Failure to meet these duties may lead to fines or claims for unpaid wages.
What other rules must small businesses follow?
Employers must also address workplace safety and worker status. The main rules include:
Workplace safety: The Occupational Safety and Health Act requires most covered employers to provide a safe workplace. Employers must address known hazards, follow safety rules and report certain serious injuries.
Worker classification: Businesses must decide whether workers qualify as employees or independent contractors. The wrong classification can lead to unpaid wage claims, tax bills and penalties.
Employee records: Employers must keep required records of hours worked, wages paid and other job details. These records help show whether the business follows wage laws.
Worker classification depends on the facts of the working relationship. Factors may include how much control the business has over the work, who provides the tools and how the worker earns money. A job title or contract alone does not settle the issue.
How can small businesses stay compliant?
Employment rules can change as a business grows. Owners should review their pay practices, safety steps, employee records and worker classifications regularly. Legal guidance can help them understand which rules apply to their business and correct problems before they lead to disputes.]]>On Behalf of Harrell, Stoebner & Villanueva, P.C.<![CDATA[Who is liable for a dog bite injury in Texas?]]>https://www.templelawoffice.com/?p=527642026-09-28T17:26:29Z2026-09-28T17:26:29ZTexas law may impose liability in more than one way
Texas courts often apply a common-law rule that can hold an owner responsible when the owner had prior notice that the dog had behaved aggressively. A previous bite is one example, but other threatening or aggressive conduct may also matter.
Texas also recognizes claims based on negligent handling of the animal. Both prior knowledge and ordinary care can matter in the same case, as this overview of Texas dog bite liability explains.
What facts usually matter most?
Some cases focus on whether the owner had warning signs before the attack. Others focus on whether the owner failed to use reasonable care by letting the dog roam, ignoring local leash rules or failing to restrain the animal in a public setting.
In some situations, liability may also extend beyond the owner to another person who had control of the dog at the time of the attack.
Records and witnesses can help prove what happened
A dog bite claim often depends on early records and witness proof. Useful evidence may include:
Animal control records detailing prior complaints or incidents
Photos of the scene and the dog
Witness statements from people who saw the attack
Medical records documenting the nature and extent of the injury
These details may help show what information the owner had, how the attack happened and what losses followed.
Why does timing matter after a dog bite?
Texas gives injured people a limited time to file most personal injury claims. In many cases, that deadline is two years from the date of the attack.
Preserving evidence early and identifying the person who controlled the dog are especially important in these cases, where facts about the dog’s background and the owner’s prior notice can be difficult to recover later. In many personal injury cases, early records shape both the insurance claim and any later lawsuit. A personal injury attorney can review the circumstances and explain whether Texas dog bite law supports a claim.]]>On Behalf of Harrell, Stoebner & Villanueva, P.C.<![CDATA[Protecting trade secrets in Texas business agreements]]>https://www.templelawoffice.com/?p=527652026-09-11T07:50:35Z2026-09-11T07:50:35ZContract terms should identify what the agreement covers
A business agreement should describe the material the parties must keep confidential. General guidance on business information that the law may protect gives useful background on the types of material that may qualify. That may include formulas, customer data, pricing methods, internal processes and similar material that is not generally known.
Broad or vague terms weaken the agreement. Stronger provisions describe who may see the material, how they may use it, when they must return or destroy it and what duties continue after the relationship ends.
Specific confidentiality terms reduce disclosure risk
Confidentiality disputes may turn on contract details and on the company’s own conduct. Useful terms include:
A clear definition of what information the agreement covers
Limits on how the receiving party may use the confidential material
Return or destruction obligations at the end of the relationship
Notice obligations when a party receives a legal demand to disclose the material
Access restrictions for employees, contractors and vendors
These details matter because a business must show reasonable efforts to keep the material confidential. Ownership alone is not enough.
Internal controls shape how strong the trade secret claim is
A contract alone does not create trade secret protection. If a company shares sensitive material freely, gives departing employees broad access to key files or fails to restrict documents and systems, its legal position becomes harder to defend.
The gap between what a contract says and how a business actually operates is often where trade secret claims become difficult to defend. Reviewing both the written terms and the company's day-to-day handling of sensitive material, along with related business agreement and contract issues, gives the strongest foundation for any future claim.]]>On Behalf of Harrell, Stoebner & Villanueva, P.C.<![CDATA[What to know about the Medicaid Estate Recovery Program in Texas]]>https://www.templelawoffice.com/?p=527662026-08-30T19:01:15Z2026-08-30T19:01:15ZHow the Medicaid Estate Recovery Program operates
MERP is administered by Texas HHS and generally applies to Medicaid long-term care recipients who were age 55 or older when they received those services and who received benefits on or after March 1, 2005. When a recipient dies, the state sends a notice to heirs or the estate representative. MERP only applies to the probate estate, and the state may only recover what it actually paid. Pay-on-death bank accounts and life insurance with named beneficiaries are not at risk.
When MERP does not apply: Exemptions and hardship waivers
Certain situations may block or waive a MERP claim. Heirs and estate representatives typically have a limited window – often 60 days – to respond to the notice and affirmatively assert the applicable exemption or hardship waiver. Missing that deadline may result in a claim proceeding by default.
Recovery is typically not pursued when, at the time of the recipient's death:
A surviving spouse is living
A surviving child under 21 years old is living
A surviving child of any age who is blind or permanently disabled is living
The total estate value or the total amount Medicaid paid falls below the state's minimum recovery threshold
Heirs facing financial hardship may request a waiver. Qualifying situations include a working farm or business providing their primary income, a home falling within state value and income limits, or an unmarried adult child who provided care that the state determined delayed facility placement.
How to keep assets outside the probate estate
Because MERP is limited to the probate estate, certain tools may help property pass directly to heirs without going through probate. Lady Bird deeds, transfer-on-death deeds and revocable living trusts are among those options – keeping assets outside MERP's reach. These tools work best when put in place early in the Medicaid planning process.
For families navigating MERP, the most important steps are knowing which exemptions apply, responding to any notice on time and putting the right legal tools in place before a claim arises.]]>On Behalf of Harrell, Stoebner & Villanueva, P.C.<![CDATA[Can one owner force the sale of co-owned property?]]>https://www.templelawoffice.com/?p=527672026-08-14T13:53:26Z2026-08-14T13:53:26ZYes, one owner can sometimes force the sale of co-owned property through a partition action, even when the other owner does not agree. Texas law generally gives a co-owner the right to seek partition, but whether the court orders a sale depends on whether the property can be fairly divided. Here is how that process can work.
A co-owner can ask for partition
You can ask a Texas court to end your shared ownership through a partition action. The court will determine the owners' interests and whether the property can be divided between them.This gives you a legal option when the other owner refuses to sell or otherwise prevents you from ending the co-ownership.
A court can order a sale instead of dividing the property
A court can order the property sold when dividing it would not be practical or would cause significant harm to the owners. For example, a single-family home usually cannot be physically divided into separate properties that give each owner a fair share.In that situation, the court can order a sale and divide the proceeds according to the owners' interests.
The other owner cannot always stop the partition
You generally do not need the other owner's agreement to ask for partition. If you have a legal ownership interest in the property, the other owner cannot simply refuse to participate and prevent you from seeking a court-ordered resolution.The court still has to determine whether partition is appropriate and whether the property should be divided or sold.
Review your options before seeking a sale
If you and another owner cannot agree on what to do with the property, review your ownership documents and your options under Texas law before taking action. A legal review can help you determine whether partition is available and whether a sale is likely to be the appropriate solution. You may have a way to end the co-ownership even when the other owner does not want to sell.]]>On Behalf of Harrell, Stoebner & Villanueva, P.C.<![CDATA[Can a divorce court divide deferred compensation?]]>https://www.templelawoffice.com/?p=520412026-08-06T10:21:29Z2026-08-06T10:21:29Zproperty you acquire during marriage as community property. The court cannot give your separate property to your spouse. To classify the benefit, the court often reviews when you earned it and what work the award covers.
How timing and plan terms affect division
The award date offers a useful starting point, but it may not match the period of work the award covers. Your employer might grant compensation for work you completed before that date. The plan could also require you to remain employed after the divorce before the award becomes fully yours.
These facts help the court identify the portion tied to work performed during the marriage. The court may treat that portion as community property while excluding value linked to work performed after divorce. The final division depends on the award’s purpose and vesting terms.
Why your employment records matter
Your employment records explain how the award works. Consider gathering the plan documents, award notice and recent account statements. Your contract or vesting schedule may show what conditions apply before you gain a fixed right to the benefit.
These documents could also identify payment dates, forfeiture terms and transfer limits. They may explain how the plan handles tax withholding and court orders. Even if the plan bars an immediate transfer, the court might account for the award when dividing other property.
Protect your fair share
Deferred compensation may prove difficult to value when payment depends on future work or a later event. You can start by learning the plan’s rules and keeping complete employment and award records. Clear knowledge and careful preparation could help you pursue a fair division without overlooking a valuable part of your pay.]]>On Behalf of Harrell, Stoebner & Villanueva, P.C.<![CDATA[Who pays when a delivery driver causes a Texas crash?]]>https://www.templelawoffice.com/?p=520402026-07-31T02:16:24Z2026-07-31T02:16:24ZA speeding delivery van runs a red light in Temple and slams into your car. You are hurt, your car is a total loss and the driver works for a company you have never heard of. So who actually pays? A delivery crash can pull in several parties and policies, and where you look shapes your whole claim.
The at-fault driver is the starting point
Texas is an at-fault state, so whoever caused the crash answers for the harm. Every driver must carry liability insurance, which is usually the first source of recovery. State law sets the minimum liability limits at 30/60/25: $30,000 for one person's injuries, $60,000 per accident and $25,000 for property damage. Those limits are often too low for a serious injury, so you rarely stop there.
The delivery company may share responsibility
Here the situation differs from a typical fender bender. Under a rule called respondeat superior, an employer is generally responsible for an employee's negligence on the job, and a courier on a scheduled shift usually qualifies. Companies often carry commercial policies with far higher limits than personal ones. Naming a business in a car crash injury claim opens a more realistic path to full compensation, though it also means facing its insurer and lawyers.
Your own share of fault can reduce recovery
What you recover also depends on your own driving. Texas uses a modified comparative fault system, so your compensation shrinks by your percentage of blame. If a court finds you more than 50 percent at fault, you generally recover nothing. Knowing this, insurers often push blame onto you to trim what they owe, which makes strong evidence from the scene essential.
Employee or contractor status changes who pays
One quiet detail can decide whether the company pays at all: was the driver an employee or an independent contractor? Many app-based services label their drivers as contractors, and a business generally is not liable for a contractor's negligence. Even so, you may have options. The company can answer for its own carelessness, like hiring a driver with a dangerous record, and some platforms carry contingent coverage while a driver is actively working.
Protecting your claim after a delivery crash
A delivery crash can involve a driver, a company and more than one policy, and each layer affects what you recover. The most useful step is to act early, while the proof still exists. Route logs and app records showing whether the driver was on the clock can confirm the company's role, but they do not last forever. Saving photos, noting what you remember and talking with a personal injury attorney soon afterward give you the best chance to hold every responsible party accountable.]]>On Behalf of Harrell, Stoebner & Villanueva, P.C.<![CDATA[What if your former business partner opens a competing company?]]>https://www.templelawoffice.com/?p=520392026-07-14T15:44:41Z2026-07-24T15:42:30ZBusiness agreements may limit competition
The agreements you signed may affect what happens after a partner leaves. An operating agreement, partnership agreement or buyout agreement may restrict competition or customer solicitation.
If your agreement includes a noncompete clause, its terms may limit your former partner's new business. Texas courts may enforce these clauses when they meet state requirements, including reasonable limits on time, geographic area and the type of work.
Company information may have legal protection
Your former partner may have had access to sensitive company information while working with you. Records or materials that have business value may qualify as trade secrets if your company took reasonable steps to keep them secret. Examples may include:
Customer or prospect lists
Private pricing or profit margin data
Protected methods that provide a competitive advantage
Texas law may allow injunctions or damages for trade secret misuse. Whether those protections apply can depend on the information involved and how your company kept it confidential.
When competition raises legal concerns
A competing business may not support a legal claim by itself, but the circumstances surrounding your former partner's departure could tell a different story.
Your business agreements and company records may help piece together what happened. Together, these details can help show whether your former partner simply became a competitor or may have crossed a legal line.]]>