Shawntell L. McKillop, Attorney at Law San Angelo Divorce Attorney | Criminal Defense Lawyer Tom Green County | Family Law 2026-06-01T12:58:38Z https://www.mckillopattorney.com/feed/atom/ WordPress /wp-content/uploads/sites/1602632/2021/06/favicon-1-75x75.png On Behalf of Shawntell L. McKillop, Attorney at Law <![CDATA[The police want to unlock my phone in Texas, can I say no?]]> https://www.mckillopattorney.com/?p=46875 2026-06-01T12:58:38Z 2026-06-01T12:58:38Z A traffic stop can suddenly turn tense when an officer asks to unlock your phone. You want to protect your privacy and avoid even more trouble. Texas law and the Fifth Amendment do give you options, but officers may still push for quick consent. A calm plan helps you stand your ground without escalating the stop.

Know your rights when police ask to unlock your phone

You face two issues at once: the right to search your data and the power to force you to unlock the device. Texas and federal rules set real limits. Learn the basics so you can make clear choices:
  • Warrant rule: Riley v. California and Texas law require a warrant to search your phone unless you consent or a true emergency exists.
  • Texas statute: Code of Criminal Procedure art. 18.0215 sets warrant rules for phones and other wireless devices in Texas.
  • Passcodes: Many courts treat a passcode as testimony protected by the Fifth Amendment, so officers cannot force you to reveal it without narrow exceptions.
  • Biometrics: Courts split on Face ID and fingerprints. Some treat them like fingerprints, others see them as the same as a passcode. Expect pressure even when the law is unclear.
  • Consent: A quick “sure” can waive your rights. Consent also can reach cloud accounts if the form says so.
  • Scope: A warrant may list specific apps, date ranges or accounts. Officers must stick to that scope.
With those rules in mind, focus on steps that protect you in the moment.

Your guide to responding in the moment

You can assert your rights and keep the tone steady. Short, clear statements work best. Think about these steps as they may come in handy:
  • Make it clear, you can say “I do not consent to any search of my phone or accounts”
  • Ask, “Do you have a warrant for my phone?”
  • If they show a warrant, read the basics and do not give your passcode
  • Keep the screen locked and, if safe, power down to disable Face ID or Touch ID
  • Do not look at the phone if an officer tries to use Face ID and do not resist physically
  • Do not sign consent forms or give passwords without legal advice
  • Do not delete data or reset the device
  • If they seize the phone, ask for a property receipt and keep notes about time and place
  • After release, write a timeline while details are fresh and talk with counsel before you make any statements
Phones hold your private life, and the rules around unlocking your device can shift depending on the circumstances. A focused legal consult can help you apply Texas law to your facts, protect your rights during searches and avoid unforced errors.  ]]> On Behalf of Shawntell L. McKillop, Attorney at Law <![CDATA[Can my ex move away with our child in Texas?]]> https://www.mckillopattorney.com/?p=46874 2026-04-27T03:27:27Z 2026-04-27T03:27:27Z Understanding custody and relocation rules Texas law refers to custody as conservatorship. In many cases, both parents share responsibilities, but one parent has the exclusive right to decide where the child lives. This distinction plays a key role in relocation disputes. Most custody orders include a geographic restriction, which limits where the child can live, often to a specific county or nearby counties. If your ex wants to move outside that area, they must either get your agreement or ask the court for permission. Moving without approval can violate the order and lead to legal consequences.

What happens if there is no court order?

If no custody order exists, both parents have equal rights. That means your ex may try to move without notifying you. Yet, you still have options. You can file a custody case and ask the court to establish conservatorship, set a geographic restriction, and prevent the move while the case is pending. Timing matters here. Acting early can help you avoid a situation where your child is already living far away before the court steps in.

How courts evaluate relocation requests

Texas courts base every decision on the best interests of the child. Judges look closely at why the parent wants to move and how the relocation would affect the child’s stability and relationships. For example, a move tied to a better job or stronger family support may carry more weight than one based on convenience. At the same time, the court will examine how the move would impact your ability to maintain a meaningful relationship with your child. Distance, schooling, emotional needs, and each parent’s willingness to co-parent all factor into the final decision.

Can you stop your ex from moving?

You may be able to stop the move, but you need to take formal legal action. Depending on your circumstances, you can ask the court to enforce your current order, request a modification, or seek a temporary restraining order to block the relocation. Courts often act quickly in these cases, especially if one parent is planning to leave soon. Your response and the strength of your evidence can directly affect the outcome.

What if the court allows the move?

If the court approves the relocation, it will usually adjust the parenting plan to preserve your relationship with your child. This often means longer visits during school breaks, shared travel responsibilities, and increased virtual communication. While this arrangement can help maintain connection, it may still reduce your regular, in-person time. That is why relocation cases can have long-term consequences for both parents.

Why legal guidance matters

Relocation disputes can reshape custody arrangements in a matter of weeks. A proposed move could affect where your child lives, how often you see them, and even who has primary custody. Consulting an experienced Texas family law attorney can help you understand your rights, respond strategically, and protect your role in your child’s life. If your ex is planning to move away with your child, do not wait. Review your custody order, understand your legal options, and take action as soon as possible. Texas courts prioritize stability and meaningful parent-child relationships, and your response can make a lasting difference.  ]]> On Behalf of Shawntell L. McKillop, Attorney at Law <![CDATA[What are the legal risks of not paying child support in Texas?]]> https://www.mckillopattorney.com/?p=46873 2026-03-30T16:05:13Z 2026-03-30T16:05:13Z In Texas, child support is a court-mandated obligation with significant enforcement power. For parents in the Lone Star State, falling behind on these payments often triggers mechanisms that can disrupt nearly every aspect of your personal and professional life. From the automatic suspension of professional licenses to the possibility of a state jail felony, the risks of non-compliance go far beyond simple late fees.

Financial penalties and growing debt

Missing even a single payment initiates a cycle of debt that becomes harder to resolve as time passes. This process usually involves:
  • Accruing interest: As of 2026, the state continues to apply interest to all delinquent obligations. This means your total balance grows every month you fail to pay the full amount.
  • Income withholding: Texas courts can issue an administrative writ of withholding. This order requires your employer to take child support directly out of your paycheck.
  • Asset seizure: The Office of the Attorney General can intercept your federal tax refunds and lottery winnings. They can also place liens on your property or freeze your bank accounts to satisfy the debt.
These financial measures ensure the child receives the resources they deserve. You need to act quickly to address arrears before they become unmanageable.

Loss of professional and personal privileges

Texas law authorizes the state to suspend various licenses if you owe more than three months of support. This may include:
  • Driver’s license suspension: The state can revoke your driving privileges until you reach a payment agreement.
  • Professional licenses: If you work as a nurse, teacher, plumber, or lawyer, the state can suspend your occupational license.
  • Recreational licenses: You may lose your hunting and fishing permits if you fall significantly behind on your obligations.
  • Passport denial: If your past-due support exceeds $2,500, the federal government will likely deny your passport application or renewal.
Losing your ability to work or travel can lead to even greater financial distress.

Criminal consequences and jail time

Serious or chronic non-payment can move your case from civil court to the criminal justice system:
  • Contempt of court: A judge can find you in contempt for failing to follow a support order. This finding can result in a jail sentence of up to six months for each violation.
  • Criminal nonsupport: Under the Texas Penal Code, intentionally failing to provide support is a state jail felony. This charge carries a penalty of 180 days to two years in a state jail facility.
Texas judges take the willful violation of court orders very seriously, and a criminal record can follow you for the rest of your life and impact future employment.

Legal options when managing support

The law offers remedies to address support issues in Texas without harming your child's well-being or your personal interests. This often involves:
  • Requesting a modification: You can petition the court to modify your order if you experience a substantial change in circumstances. Valid reasons include job loss, significant reduction in income, disability or changes in the child's needs. You must continue paying the current amount until the court approves a modification.
  • Negotiating payment arrangements: The Office of the Attorney General may agree to a repayment plan to help you catch up on arrears while maintaining current payments. These agreements typically require consistent compliance, and breaking the terms can result in immediate enforcement action.
  • Proving inability to pay: In contempt proceedings, you can argue that you lacked the means to pay or that you made good-faith efforts to meet your obligations. The court will examine your entire financial picture, including assets, income potential and reasonable expenses.
When pursuing any of these actions, you may need to keep detailed records of your income, expenses and any circumstances that affect your ability to pay. This documentation is critical to defend against contempt charges or to prove that non-payment was not intentional. The key to avoiding severe penalties lies in addressing payment problems immediately. Courts show more leniency toward parents who communicate openly about financial difficulties and take proactive steps to resolve them.]]> On Behalf of Shawntell L. McKillop, Attorney at Law <![CDATA[Why is sharing prescription drugs in Texas risky?]]> https://www.mckillopattorney.com/?p=46871 2026-02-24T12:13:33Z 2026-02-24T12:13:33Z Sharing prescription drugs is treated like dealing Texas classifies most prescription medications as controlled substances under the Texas Controlled Substances Act. When you share these medications with anyone, even family members, you generally commit the crime of the delivery of a controlled substance. The law applies the same penalties to giving away pills as it does to selling them on the street.

The penalties of sharing prescription drugs can be severe

The consequences you confront depend on the type and amount of medication involved. Texas divides controlled substances into penalty groups, with different punishments for each category. Common examples include:
  • Oxycodone, hydrocodone and other opioids (Penalty Group 1)
  • Xanax, Valium and similar anxiety medications (Penalty Group 3)
  • Adderall and other ADHD stimulants (Penalty Group 2)
Delivering Penalty Group 1 drugs can result in a state jail felony, carrying 180 days to two years behind bars and fines up to $10,000. Larger quantities bring second-degree or first-degree felony charges with prison sentences stretching up to life.

Good intentions for sharing prescription drugs rarely matter

Prosecutors do not need to prove you intended to break the law. They only need to show you knowingly transferred the medication to another person. The fact that you wanted to help someone in pain or that you did not accept money typically makes no legal difference. Courts have convicted individuals for sharing medications with spouses, roommates and close friends.

The recipient is equally at risk of criminal charges

The person receiving the medication may also face legal issues. It is illegal to possess any controlled substance without a valid prescription in your own name. Simply carrying someone else’s pill in your pocket can lead to an arrest for the "possession of a controlled substance." Law enforcement does not accept "I am just holding it" as a valid excuse. They will likely take the recipient of the drugs into custody and seize the medication as evidence. These charges can vary from a Class A misdemeanor to a high-level felony in Texas depending on the weight of the pills.

A conviction creates lasting problems

Beyond jail time and fines, a drug conviction can lead to obstacles that follow you for years. You may lose professional licenses, face barriers to employment and struggle to find housing. Educational opportunities can be limited, and you could lose custody rights or encounter deportation if you are not a U.S. citizen.

Steps to take when contending with charges

If Texas authorities have charged you with sharing prescription drugs, choosing to remain silent often helps protect your legal position. Anything you share with law enforcement can serve as evidence in a court of law. You might find it helpful to document the exact details of the encounter, including the time, location and the names of any witnesses who saw the incident. Collecting your original prescription bottles and medical records can show that a licensed physician legally issued the medication to you. Often, the most effective way to address your legal challenges is to seek professional guidance. Such support can help you manage the situation and ensure you do not inadvertently complicate your defense.]]> On Behalf of Shawntell L. McKillop, Attorney at Law <![CDATA[Do PCS orders affect child custody in a military divorce?]]> https://www.mckillopattorney.com/?p=46868 2026-02-10T16:36:18Z 2026-01-28T14:44:32Z How Texas courts view PCS-related custody situations Texas law considers military service in custody cases, but it does not decide custody on that factor alone. Judges review each family’s situation based on the facts rather than following a fixed rule. The focus always stays on what supports the child’s best interests as family circumstances change. When PCS orders come into play, judges typically consider several details:
  • Whether the custody order limits where the child may live
  • How far the move would be
  • How long the military assignment will last
  • How the move may affect the child’s school, medical care and daily routine
  • What the role each parent takes in daily caregiving
Judges sometimes consider temporary changes to parenting time during deployment or reassignment. However, these changes leave the long-term custody structure intact. This approach helps reduce disruption and supports parent-child relationships during military-related moves.

How PCS orders affect custody terms

PCS orders can shape how custody issues develop, especially when notice is short or changes happen quickly. Learning about the assignment earlier helps show how a move may affect a child’s daily routine during the transition. Changes at the start or end of a military assignment can influence whether earlier custody terms stay in place or receive further review. Steady communication and consistent conduct between co-parents often shape how smoothly families move through the transition.

Balancing military service and family stability

PCS orders change where a parent lives, but they do not change the importance of parental rights. Texas courts recognize military obligations while continuing to focus on a child’s need for stability. Understanding how courts commonly review these situations can help military families move through periods of transition with clearer expectations and less uncertainty.  ]]> On Behalf of Shawntell L. McKillop, Attorney at Law <![CDATA[Is child support affected if one parent moves to another country?]]> https://www.mckillopattorney.com/?p=46867 2025-12-26T15:07:32Z 2025-12-26T15:07:32Z How is child support handled in Texas if one parent moves abroad? Child support obligations do not change if one parent moves to another state or another country. The same rules, responsibilities and payments remain the same regardless of where the obligor lives. Even if the obligor lives abroad, they must continue to financially support the obligee and support the child. To ensure that child support is still received from parents living abroad or out of state, the Texas child support division works closely with other child support agencies to either enforce or modify existing court orders.

Which factors affect child support in Texas?

The court considers three factors when calculating monthly child support. These play an important role in making sure that a child of divorce receives the same level of financial support as a child living with both parents:
  • Income: The court considers how much money both parents earn, typically including bonuses, overtime and rental income.
  • Number of children: The number of children a couple has affects how much child support the obligor has to pay the obligee.
  • Health care: The child’s health care expenses, medical insurance and other additional medical needs affect how much a parent has to pay for child support.
However, there are also cases where the court calculates child support differently. Examples include children having special needs as a result of physical or mental disabilities or both parents sharing equal custody time with their children.

What happens after one parent moves to another country?

The terms of a divorced couple’s child support order do not change if one parent moves to another state or another country. Despite this, child support laws are complex, which means difficult situations may arise. To work around these complications, parents must remain vigilant and aware of their rights, as well as their responsibilities to their child.]]> On Behalf of Shawntell L. McKillop, Attorney at Law <![CDATA[What is drug court and am I eligible for it?]]> https://www.mckillopattorney.com/?p=46866 2025-12-05T12:34:19Z 2025-12-05T12:34:19Z Why does drug court exist? These courts operate as structured programs that help people with substance use disorders avoid incarceration by combining close judicial supervision with treatment that targets the underlying causes. Texas law outlines how these courts function and allows them to link participants with counseling, routine drug testing and other forms of support. Drug courts understand that addiction is a medical condition that calls for treatment rather than punishment alone. You will work with a coordinated team that includes a judge, prosecutors, defense attorneys, probation officers and treatment professionals who guide your progress. Instead of taking opposing positions as in a regular courtroom, everyone in the program focuses on supporting your move toward recovery. State law requires any county with more than 200,000 people to create a drug court when it receives state or federal funds for that purpose. Many smaller counties choose to create these initiatives on their own. As a result, most Texans can access this option if they qualify.

Who qualifies for drug court?

Eligibility requirements vary between by counties, but most programs look for:
  • Individuals who face charges for drug possession, a drug-related DWI or another offense connected to substance use
  • People who do not have a history of violent crimes
  • Those who have a substance use disorder and can benefit from treatment
  • Candidates who are ready to commit to the program for its full duration
  • Residents of the county where the courts operates, or those who can reliably attend all required appointments
The final decision on admission is made by the local drug court team. This is not meant to exclude people who need guidance; rather, it is intended to make sure that this option is the right match for your circumstances.

What happens if you do not complete the program?

If you cannot complete the program or decide to leave, the court will return your case to the traditional system. Prosecutors will pursue the original charges and you may face the penalties normally associated with your offense. Depending on your county’s rules, the court could use statements you made during the initial court proceedings. That said, judges and treatment teams recognize that recovery is not a straight line and they will not automatically remove you from the program for a single setback. Successfully completing the program can come with benefits. In many Texas counties, the court may dismiss your original charges or reduce them to a lesser offense. You might also be able to get an order of nondisclosure, which could hide your record from most public background checks and make it easier to apply for jobs, housing and educational opportunities. If there is anything about drug court that confuses you, seeking the assistance of an attorney can benefit you. They can help you in understanding the system and advocate on your behalf if your case returns to traditional court. If you find yourself struggling with the program requirements, your attorney can also communicate with the program team to explore your options.]]> On Behalf of Shawntell L. McKillop, Attorney at Law <![CDATA[Divorce in Texas: Understanding community vs. separate property]]> https://www.mckillopattorney.com/?p=46865 2025-11-07T16:31:38Z 2025-11-07T16:31:38Z Defining community vs. separate property When getting a divorce, you first need to identify and classify every asset. Community property in Texas includes virtually all assets and debts either spouse acquired from the day you married until now, including the income generated from a spouse's separate property during the marriage. Community property also includes your wages and retirement savings acquired during the marriage. It also includes real estate purchased during the marriage with community funds, even if only one name is on the deed, because the source of the funds is the determining factor under Texas law. Separate property is typically things you owned before the wedding. It can also include assets you acquired during your marriage solely as gifts or through inheritance, as well as money recovered in personal injury awards, excluding awards for lost wages or medical reimbursement. Separate property is generally not divisible in a divorce. The law views property owned by either party during or on dissolution of marriage as community property unless proven otherwise. You bear the burden of providing convincing proof, using a process often called "tracing,” that the asset is separate. You must prepare detailed records to defend your claim.

Achieving a "just and right" division

Texas courts require a distribution of the community estate that is "just and right." While a 50/50 split is the customary starting point and is not mandatory, the court can only order a disproportionate division in favor of one spouse based on specific, compelling factors, such as:
  • Fault in the breakup of the marriage (e.g., adultery or cruelty)
  • The disparity in the spouses' earning capacity
  • The financial conditions and obligations of each spouse (and the respective needs of any children of the marriage)
  • The physical condition of the spouses
  • One spouse’s fraud on the community
A judge will carefully weigh the facts and evidence to determine what is fair. Given the complexity of characterization, tracing and valuation issues in Texas law, having experienced legal representation is crucial to protecting your financial future.

How can a lawyer protect your assets?

A fair financial settlement begins with correctly classifying your property. The Texas system is intricate. It demands detailed evidence and a strategic approach to ensure your assets are correctly characterized and protected through the process. A skilled attorney protects your interests by meticulously tracing and characterizing every asset, then using that evidence to strategically negotiate or litigate for the most favorable "just and right" division the law allows. They actively work to prevent the opposing side from mischaracterizing separate property as community property or hiding valuable marital assets.]]> On Behalf of Shawntell L. McKillop, Attorney at Law <![CDATA[How does Texas law define arson?]]> https://www.mckillopattorney.com/?p=46863 2025-10-09T14:31:37Z 2025-10-09T14:31:37Z Under Texas law, arson is treated as a serious felony offense because of the potential harm it poses to people, property and public safety. The Texas Penal Code defines arson as intentionally starting a fire or causing an explosion to destroy or damage property. This includes buildings, homes, vehicles and open land.  Understandably, not every fire qualifies as arson—intent and circumstances matter significantly when determining whether a crime has occurred. There is a big difference, for example, between a campfire that burns out of control when a sudden wind kicks up, and a house fire intentionally set ablaze with the assistance of accelerants carefully poured at the base of the home’s footprint.

Building the state’s case, building a strong defense 

To be charged with arson in Texas, prosecutors must prove that a fire was set knowingly and willfully, not by accident. A person can be charged if they start a fire with the intent to destroy their own property, someone else’s property or to commit insurance fraud. Arson also applies when someone recklessly starts a fire that causes injury, death or damage to another person’s property. For example, lighting a controlled burn that spreads to a neighbor’s barn or field could result in criminal charges if it’s found that proper precautions were not taken. Texas law recognizes various degrees of arson depending on the circumstances. If an act endangers human life or damages a habitation, it is typically charged as a second-degree felony, punishable by two to twenty years in prison. If someone is injured or killed as a result of a fire, the charge can be elevated to a first-degree felony, carrying a possible sentence of five to ninety-nine years. Lesser offenses, such as reckless burning or starting a fire without permission that causes minor damage, may be prosecuted as state jail felonies. Defending against an arson charge often involves challenging the prosecution’s claim of intent. Many fires result from accidents, electrical malfunctions or natural causes rather than deliberate acts. A skilled legal team may question whether the evidence truly proves that the fire in question was intentionally set or whether the defendant had any motive to cause it. Understanding how Texas defines and prosecutes arson is the first step toward building a strong defense and working to better ensure that the facts—not assumptions—determine the outcome. ]]> On Behalf of Shawntell L. McKillop, Attorney at Law <![CDATA[Military spouses have rights during divorce]]> https://www.mckillopattorney.com/?p=46862 2025-09-10T02:19:56Z 2025-09-10T02:19:56Z While many people are understandably concerned that active members of the military – perhaps especially those who are deployed – may not always receive fair treatment while divorcing, this concern applies to spouses of active military members as well. Active servicemembers benefit from a host of protections under the law while they’re divorcing, and it can be understandable when their civilian spouses worry that they may be bulldozed when walking away from their marriage.  Military spouses should know that they have important rights during divorce, and those rights can affect everything from property division to custody and support. Understanding these protections can make the process less overwhelming and help ensure that they receive fair treatment when seeking a divorce settlement.

Important concerns every military spouse has during a divorce

One key issue is property division. Under federal law, particularly the Uniformed Services Former Spouses’ Protection Act (USFSPA), state courts can treat military retirement pay as marital property subject to division. This does not mean that every former spouse automatically receives part of their spouse’s retirement benefits, but it does give courts the authority to award a portion depending on the length of the marriage and its overlap with military service. Many states use formulas to determine how retirement benefits are divided, and these can make a significant difference in the financial stability of the non-military spouse after divorce. Military spouses also have rights when it comes to healthcare benefits. In certain situations, if a marriage lasted at least 20 years, a service member had at least 20 years of creditable service and those periods overlapped for at least 20 years, the non-military spouse may continue to receive TRICARE benefits even after divorce. In cases where the overlap is shorter, partial benefits may apply.  Because service members may be deployed or transferred frequently, courts must consider how to structure custody and parenting time in a way that maintains stability for the children affected by a divorce. Military spouses have the right to request parenting plans that reflect the realities of deployment while still protecting their child’s relationship with both parents. In addition, federal and state laws prevent custody decisions from being permanently altered just because one parent is deployed. Finally, military spouses have rights when it comes to support. Courts can order child support and spousal support, and the military itself has regulations that require service members to provide financial support to their dependents. Military divorce can be complicated, but spouses are not without protections. Knowing these rights is the first step in ensuring fair outcomes.]]>