Barfield Law Firm: Termination of Parental Rignts

Barfield Law Firm: Termination of Parental Rignts: In cause No.07-11-00339-CV, I filed an appeal for an indigent mother who had her parental rights terminated by the trial court. During the e...

Termination of Parental Rignts

In cause No.07-11-00339-CV, I filed an appeal for an indigent mother who had her parental rights terminated by the trial court. During the entire proceeding this women was never provided legal counsel even though the State knew she was indigent. The predictable result was that the termination trial was a mere formality and her parental rights were terminated. On appeal the 7th Court of Appeals Amarillo, TX  reversed the trial courts ruling and granted a new trial. This a a great ruling for the Constitutional rights of indigent people fighting to stop a termination of their parental rights without proper constitutional safeguards being in place. If you would like more information about this opinion shoot me an e-mail.

Legal Musings: Religion and Politics

Legal Musings: Religion and Politics: I recently read several articles in Liberty magazine regarding this issue which really got me thinking during this election year about relig...

Religion and Politics

I recently read several articles in Liberty magazine regarding this issue which really got me thinking during this election year about religion and politics. First, I am a christian and in fact the church to which I belong could be described as evangelical. However, it is imperative that we as citizens realize and understand that the framers of our constitution were very concerned about the separation of church and state. Thomas Jefferson stated in a letter to John Adams on January 11, 1817: "The result of our fifty or sixty years of religious reading in the four words 'Be just and good' is that in which all our inquiries must end. . . My answer was 'Say nothing of my religion. It is know to my God and myself alone. Its evidence before the world is to be sought in my life; if that has been honest and dutiful to society, the religion which has regulated it cannot be a bad one." 

The point I am trying to make is that we should elect our politicians based on their platforms which will most help our country, not on who can "out christian" the other. There is nothing wrong supporting a candidate who professes to be a Christian. However, look closely at that individuals actual behavior and say to yourself: Do their actions jibe with their talk? In particular, one candidates actions in the GOP race certainly do not. I will leave it to you to figure it out. A hint, he isn't a Mormon and not from Texas or Pennsylvania. If you see hypocrisy regarding this fundamental issue then maybe this person is not the type of person who you can trust with other issues as well. 

Lastly, we are a county made up of a variety of faiths. Whether you agree with those beliefs or not is irrelevant. I would not want to live under Islamic law, or under any other type of theocracy. Nor did the founding father's.

Legal Musings: Crime and Citizenship

Legal Musings: Crime and Citizenship: I just went to court today with two gentlemen of whom neither was a U.S. Citizen. These cases can be stressful and time consuming with a l...

Crime and Citizenship

I just went to court today with two gentlemen of whom neither was a U.S. Citizen. These cases can be stressful and time consuming with a lot of potential legal pitfalls for the unwary. In the cases today, both men were accused of and were in fact guilty of committing very serious felony offenses. The proof was in the videos (yes they both videoed their crimes for posterity, "where's your sign" moments indeed).

As a client make sure your lawyer answers all your questions fully and completely.  As the attorney spend a lot of time going over every aspect of the case.  Do not assume your client understands what you are telling them or how our legal system works.  Make sure your client is advised of their right to speak to their consulate and how a plea of  guilty will  adversely affect their citizenship. Also, if you are not a qualified immigration attorney make sure you advise your client to consult an immigration attorney, before you go into the courtroom. As a client it is your responsibility to speak to the immigration attorney and your consulate. Just doing these simple things will go a long way to a successful resolution to the case.  Lastly, if there is any hint of a language or communication problem go over all aspects of the case with a qualified interpreter. If you hear a rattle there is probably a snake waiting to bite you. Don't let it.

Baby Daddy v. Baby Mommy

A major issue that seems to be popping up more and more frequently in my practice is a situation where a child born out of wedlock and the parents do not think or bother to get legal orders determining the issues of paternity, conservatorship, possession and access, child support and health insurance for the child. This situation is a disaster waiting to happen. It is imperative that someone in this situation go to a qualified family law attorney and get into court to resolve all of these issues. If the parties are getting along it is a relatively simply legal procedure for a family law attorney. Once things fall apart, the legal fees go up and you might be facing a "tug of war" with a child, thousands of dollars in back child support issues and for sure a lot of unnecessary stress. Most people don't think twice about purchasing a new computer or television for a couple of thousand dollars, but for some reason  a lot of folks balk when it comes to paying an attorney to take care of a necessary legal procedure to benefit their child.  Be proactive not reactive in your life. Sitting around saying things are going fine now and being afraid to "rock the boat" may seem fine, but sooner or later that boat is probably going to sink. Put off taking a weekend trip or buying that new flat screen and protect you and your child. You will be glad you did.

Legal Musings: Political season

Legal Musings: Political season: I truly think that each and every American needs to reflect long and hard about our country. In this election year we each have to ask ourse...

Political season

I truly think that each and every American needs to reflect long and hard about our country. In this election year we each have to ask ourselves: What direction does my country need to go and how can I help? The answer in my opinion is to be involved in the election process. Read, watch and listen to the answers and statements politicians are making. Is it just rhetoric, pandering, or is it substance? Don't be selfish in your choice. Be thoughtful in your choices and for goodness sakes avoid straight ticket voting. I am really interested in other thoughts on this issue which will be with us until November.