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Family Law

Firm attorney Bill Fanning has focused almost exclusively on family law matters since 1993 and has gained a wealth of experience helping individuals and families through difficult issues associated with their divorce or other family law matter. We help people obtain limited divorces and absolute divorces, utilizing fault-based grounds such as adultery, abandonment and cruelty, as well as no-fault divorces.

Custody and Support

Deciding child custody involves making determinations to both legal custody (who will make decisions regarding the child’s medical care, education, and religious upbringing) and physical custody (who lives with the child). In either case, custody may be awarded solely to one parent or shared by both parents in a manner determined by the court to be in the child’s best interests.

Regardless of the custody arrangement, both parents have an obligation to support their children financially, and some award of child support is usually ordered to be paid by the non-custodial parent to the parent with primary custody. Deviation from Maryland’s strict child support guidelines is sometimes possible if it can be shown the amount is unjust or inappropriate in a particular case.

Obtaining a divorce involves deciding other important issues such as the division of marital property and whether spousal support (alimony) will be paid, how much and for how long. Since all marital property will be divided in a manner the court deems equitable, making sure the court properly classifies and values each asset and debt is essential. The property division can impact the decision of spousal support, too. Whether negotiating a settlement informally or through mediation, or litigating contested issues in court, we can help you protect your rights and promote your interests so that you can move on with your life in the best interests of you and your family.

Criminal Defense

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| Criminal Defense

Criminal Defense

The firm’s criminal defense practice is led by Pat Devine, a former prosecutor with the Tarrant County State’s Attorney Office with a firsthand, intimate knowledge of the laws and procedures of the Texas criminal justice system.

We represent people charged with misdemeanor and felony offenses in state and federal court, including burglary, robbery, and assault, with a particular emphasis on drug offenses, driving under the influence, and matters involving juveniles.

Drug Crimes

We represent people charged with all manner of drug offenses, including possession, distribution, manufacturing, paraphernalia, and conspiracy. In addition to common street drugs such as marijuana, cocaine, and PCP, we represent people charged with trafficking in prescription drugs such as Oxycontin, Vicodin, and Percocet.

We fight for an acquittal wherever possible or negotiate the most favorable plea available. When a conviction cannot be avoided, we look for ways to minimize the consequences, in some cases obtaining probation instead of jail time, with the possibility of having the record expunged. We seek drug court and diversion programs for juveniles charged with drug offenses whenever possible.

DUI/DWI

A conviction for Driving Under the Influence (DUI) or Driving While Impaired (DWI) can lead to serious consequences, including incarceration. Aside from the criminal process, the Motor Vehicle Administration (MVA) will use its own procedures to suspend your license or require an ignition interlock device in order to drive. You only have a very limited time to request a hearing before the MVA. In either proceeding, we conduct a thorough investigation and will argue to have the case dismissed if improper procedures or testing methods were used.

We also help in any serious traffic violation that could lead to a suspension of your driver’s license or the imposition of hefty fines.

Sterilization of an Incompetent Individual

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| Malpractice

Sterilization of an Incompetent Individual

Sterilization of an incompetent individual is a hotly contested area of the law. Some states permit sterilization requests and others do not. From a traditional standpoint, the decision of whether to sterilize an incompetent individual is a family decision.

An incompetent individual is an individual who lacks the ability and knowledge to make decisions that would affect his or her life. Often times a guardian or co-guardians are appointed to represent the incompetent individual.

For example, the family’s request to perform a hysterectomy on a 12-year-old mentally challenged girl was upheld by the Indiana Supreme Court. In that case the lower court granted the family’s request due to the girl’s aversion to blood and the fact that it was in the girl’s best interest to permit the procedure.

Some states, as does Indiana, permits the family to make a decision regarding sterilization of an incompetent individual on the basis that the parents of the individual have the authority to consent to any legitimate medical treatment.

However, even in states that permit or are open to permitting families and service providers to make sterilization decisions, individuals that actually seek sterilization of the incompetent individual should be concerned about liability if they act inappropriately. There have been courts that have found that an incompetent individual who was improperly sterilized was able to bring a discrimination action against a hospital that performed the procedure and the individuals who sought that the procedure take place.

Caselaw and Sterilization

The caselaw with respect to the sterilization of an incompetent individual falls into one of three categories. The categories include:

Sterilization of an Incompetent Individual

The view that the ultimate decision making authority is subject to due process protections.
The view that the legislatures should dictate how personal decisions such as sterilization should be made.
The view that the courts be permitted to allow medical authorities, parents, and guardians to make the decision of whether the incompetent individual should be sterilized when it is in the best interest of the individual.

First, some states require that due process protections be afforded to the incompetent individual with respect to the issue of sterilization. In those states sterilization is generally not permitted. Second, in other states, the legislatures have either deemed that sterilization is permitted or not permitted with respect to incompetent individuals. Last, some states simply rely upon judicial authorities to determine whether sterilization in certain instances will be permitted.