Top Rated Family Law Attorney in Sugar Land, TX

Educational Background

• Northwestern University College of Arts and Sciences, Bachelor of Arts in Political Science, June 1992

Bar/Professional Activity

• Illinois, 1996
• Southern District of New York
• Texas, 2009
• New York, 1998
• Board Member and Past President of the Exchange Club of Fort Bend County, 2020
• Board Member of HGI Counseling Center, 2020
• Member of the Texas State Bar Member of the Houston Bar Association Member of the Fort Bend Bar Association Past President of the Exchange Club of Fort Bend County Current President of HGI Counseling Center, 2009
• Board Member of the Family Bar of Fort Bend, 2020
• Member of the Houston Bar Association; Family Law Section, 2020
• Member of the State Bar of Texas Member of the Family Law Section, 2010

Honors/Awards

• The award was presented to me on August 24, 2009 in appreciation for my extraordinary effort and ceaseless dedication to the Office of the Attorney General and the People of the State of New York. This was presented to me by the Attorney General, Andrew M. Cuomo who is the current Governor of the State of New York now, New York State Attorney General's Award, New York State Attorney General Andrew Cuomo, 2009

Videos

• Houston family law attorney Yasmin Kutty talks about divorce in the south Asian community on Asian Connection, Texas Divorce Lawyer Yasmin Kutty Discusses Divorce In The Asian Community, Divorce, 2016

Other Outstanding Achievements

• President's Award from the Fort Bend Exchange Club for outstanding service of this child abuse prevention organization, 2016

Scholarly Lectures/Writings

• As a family law attorney in the Houston metropolitan area, potential clients, clients, friends and family regularly ask me what is a key element in a divorce that affects children. I firmly believe it is the feeling of continuity between homes when children begin the process of shuttling between two residences. Often parents separate months prior to the divorce proceedings, or shortly after the initial pleadings are filed in court. All of a sudden, the daily routine for children is shaken up completely; there is an immediate sense of loss of the non-custodial parent no longer being “at home”, followed by a brand new place of residence which is completely unfamiliar and anxiety provoking. Whether the parents work out a customized visitation schedule, follow a standard possession order or an expanded possession schedule, easing the transition between homes is critical. I often suggest to clients that if possible, children should have a spare set of toiletries, overnight clothing, and clothes they can keep at the non-custodial parent’s home on a permanent basis. This minimizes the amount of packing the children do between visits. If possible, it is ideal for children to just take backpacks with homework, a cell phone if the child is old enough, and maybe a laptop. This way, the disruption of going between two homes week in and week out is smooth, and children feel at home in both residences. With children under the age of four, making sure the non-custodial parent has his/her own crib, toddler bed, diaper bag, bottles and all other supplies for extremely young children is very helpful. The non-custodial parent should help the children personalize their space in the new residence, whether it is an apartment, a freestanding home, a shared bedroom with potential step-siblings, or even a corner in the house. It does not need to cost any money. If the divorcing couple can co-parent and allow the children to bring over items from the custodial parent’s home (such as bulletin boards, posters, toys or small rugs), it can solve the problem. The end goal is for both parents to foster a sense of home, warmth, and comfort at both residences. By: Yasmin Kutty713-766-3513A divorce attorney in Sugar Land, Texaswww.kuttylawfirm.com Disclaimer: All data and information provided on this blog is for informational purposes only. www.kuttylawfirm.com makes no representations as to accuracy, completeness, suitability, or validity of information on this site. The information should not be construed as legal advice, Minimizing the Impact of Visitation on Children During and after Divorce, Divorce, Family Law, Legal, Visitation, 2017
• A primary component in a divorce is the division of assets and liabilities. At the outset of a divorce, one of the first documents an attorney will assign a client to complete is a lengthy Inventory and Appraisement, or “I & A” for short. The purpose of this document is for the client to verify each and every asset and liability a party has, whether it is separate property, community property, or some type of liability. The I & A asks for a list of the following types of items with current balances if applicable: Recent bank statements from every joint and individually held bank account (savings and checking) whether in your name or the other party’s name Recent credit card statements from every joint and individually held account Recent statements for every type of retirement account either party maintains (401(k), pensions, IRA’s, etc.) All recent statements of brokerage accounts, CD’s, mutual funds or other investment portfolios not considered retirement accounts Itemized list of real property inside the marital residence (furniture, artwork, china, etc.) All vehicles (cars, boats, motorcycles, trailers, tractors, etc.) Jewelry Land (farmland, commercial land, residential land) Investment properties (rental homes, condominiums, etc.). The above is just a list of common items listed in an I & A and is not meant to be a comprehensive list. Initially the divorcing party may not know of every item or account that exists, but it is important to list out as much as possible. Depending on the complexity of assets and liabilities, and whether discovery is conducted to gain all the information from the other party, the initial draft of the I & A will most likely not reflect the total inventory of property and liabilities. Towards the end of the divorce process and prior to trial or mediation, each party must swear to his/her I & A and provide all the supporting documents for every item listed. The I & A’s are then utilized to create a division of property to finalize the division of assets in the divorce. Therefore, it is critical to work on this document from the inception of the divorce to its finalization. The quick completion of the I & A and supporting documents will save on legal costs, and any delays in finalizing the I & A can result in increased costs and penalties. By: Yasmin Kutty 713-766-3513 A divorce attorney in Sugar Land, Texas www.kuttylawfirm.com. Disclaimer: All data and information provided on this blog is for informational purposes only. www.kuttylawfirm.com makes no representations as to accuracy, completeness, suitability, or validity of information on this site. The information should not be construed as legal advice, The Inventory and Appraisement in a Divorce, Divorce, Family Law, Legal, 2017
• One of the most common frustrations for clients early on in the divorce process is the completion of the Financial Information Statement better known as the “FIS”. This is a document that gives the judge and both sides a synopsis of your monthly expenses. It aids the court in determining child support, spousal support, and sets the tone for how the expenses should be divided at the onset of the divorce proceeding. The primary components are monthly gross income, deductions, net income, mortgage amount, rent, home owners insurance, car insurance, utilities such as gas, electric, water and cable costs, food expenses, clothing expenses, and credit card debt to name a few items. I always ask clients to attach supporting documents such as receipts, bank statements, a mortgage statement, pay stubs, and a tax return. The FIS is probably one of the most important documents early on in a divorce case.  It is admissible at the temporary orders hearing which is typically the first time a party goes to court and gives the judge a snapshot of each parties’ financial well-being. If a party cannot meet his or her monthly needs, it is clear on the FIS; If a party earns a significant income that will assist the judge in determining if the other spouse is entitled to spousal support while the divorce is pending. Many times in court the opposing counsel will arrive at the temporary orders hearing without having prepared the FIS in advance with the client. It is critical for the client to take the time to prepare the FIS and make available supporting documentation in order for the judge to make proper financial determinations at the hearing. The form is downloadable as a pdf and can be completed fairly quickly. Completion of the FIS early on in the divorce process will save you money, will help contain your costs, and will provide a roadmap for the judge in your case. Contact the Kutty Law Firm, PLLC today! By: Yasmin Kutty A divorce attorney in Sugar Land, Texas www.kuttylawfirm.com. Disclaimer: All data and information provided on this blog is for informational purposes only. www.kuttylawfirm.com makes no representations as to accuracy, completeness, suitability, or validity of information on this site. The information should not be construed as legal advice, The Importance of the Financial Information Statement in Your Divorce, Divorce, Family Law, Legal, 2017

Verdicts/Settlements

• Brief Highlights of Major Hearings  (Fort Bend County) (I represented the Respondent Mother) This bench trial was presided over by a Visiting Judge who had no history with the case (the Presiding Judge of the Court had married the Petitioner to his current spouse and recused himself from the trial at the request of the Respondent). Petitioner (Father), a prominent family law attorney in the county where the case was being tried, sought to modify the underlying order (Agreed Final Decree of Divorce) by seeking to be appointed the person with the right to designate the primary residence of the child and to have the exclusive right to consent to the psychiatric and psychological treatment of the child; further, that the Respondent should be given a standard possession order with full elections. He alleged a material and substantial change by asserting the Respondent (Mother), who was awarded primary conservatorship in the Agreed Final Decree of Divorce, (1) had remarried; (2) that her current husband was committing family violence towards the Respondent’s child; and (3) that Respondent’s current husband was committing family violence with respect to his ex-wife and their child. Respondent filed an Answer denying Petitioner’s allegations and asserting Petitioner’s history of past acts of family violence and past criminal trouble in another state and the criminal history of his current wife’s adult child. Respondent also filed a counterpetition and sought an increase in guideline child support. The court-appointed Amicus Attorney was in support of the Petitioner’s modification. The Respondent had several miscarriages, and the subject child was her only child. 246 exhibits were produced by Respondent and 167 exhibits were produced by Petitioner. A ten-day bench trial ensued. On behalf of Respondent, I gave the opening statement and closing argument, presented and/or cross-examined over 19 witnesses in person. As exhibits, I offered the written depositions of 2 custodians of records for business records. Of note there were over 640 pages of texts between the parties over a span of two years that were admitted on both sides to show how the parties treated each other. The I utilized courtroom technology to highlight and color code parts of the texts - which enabled the I to flip through them rapidly as the witness testified about the texts. At least a half dozen audio and video recordings were admitted into evidence and played before the Judge as evidence pertaining to the behavior of both parents and his/her interactions with the subject child. On behalf of Respondent, the I offered 246 exhibits of which 240 were admitted into evidence. At the end of trial, the Court rendered its verdict denying Petitioner’s Motion to Modify primary conservatorship and granting Respondent’s Counterpetition as to an increase in child support. (Harris County) (I represented the Petitioner). The underlying cause of action was a divorce with suit affecting the parent child relationship. Subsequently a motion to dismiss for want of jurisdiction and a request for declaratory relief was filed and heard under two separate cause numbers at a bench trial on March 5, 2019, and March 7, 2019, with an Order denying same that was signed by the Judge on May 8, 2019. The parties were married in Syria with the husband (Respondent) participating by proxy. Subsequently after residing in the United States, primarily Texas, for 25 years, the parties separated.  Following the filing of the divorce action in Harris County, Texas by Petitioner (Wife), Respondent (Husband) arranged for his brother to file a divorce action in Syria in absentia. The Syrian court, in accordance with then existing law, considered and granted a divorce without any notice to Wife. Pursuant to Syrian law, the Wife could not participate in divorce proceedings and no notice of the filing or hearing of a divorce was required to be provided to Wife. If the foreign judgment was recognized, the Petitioner would automatically lose custody of her children under Islamic Law. The Husband raised numerous actions in multiple proceedings. Respondent alleged that Harris County, Texas lacked jurisdiction to grant a divorce due to the Syrian divorce decree and because he had verbally divorced Petitioner at time of separation; Respondent accordingly filed an improper recognition of foreign judgment under the Texas Civil Practice and Remedies Code, which should not apply to foreign family matters or non-monetary judgments.  Additionally, Respondent alleged in his Answer that the Sadaq/Mahr, or Islamic Marriage Contract entered into at the time of marriage constituted a premarital agreement pertaining to the division of property. On this issue, Respondent filed a separate declaratory judgment action claiming that the Marriage Contract was a validly enforceable prenuptial agreement. He also raised related issues in the divorce, such as res judicata, estoppel, foreign law, the premarital agreement and application of foreign law. The trial on foreign law issues was extensive and complex. Respondent brought in a University of Texas professor on Islamic Law on the issue of jurisdiction, community and negation of community through a typical Islamic Marriage Contract. Wife presented an expert on foreign decrees who testified that Islamic Marriage Contracts do not even acknowledge the concept of community property and that to equate the Islamic Marriage Contract to a premarital agreement would not be possible without applying Islamic Shariah Law in Texas. These were the issues heard at the bench trials on March 5, 2019 and March 7, 2019, respectively. On behalf of Petitioner, I and co-counsel presented and/or cross-examined witnesses, including both fact and expert witnesses. Exhibits were offered and admitted, including those of Petitioner’s expert as to the false characterization of a Sadaq as a premarital property agreement. I presented evidence of (1) the lack of Petitioner’s knowledge of the Syrian divorce action until such time as Respondent alleged the want of jurisdiction for the Texas divorce filing; and (2) Syria had no community property laws at the time the Sadaq was signed, that (3) Petitioner, under the customs of religion and Syria, did not participate in the negotiation of the Sadaq, that (4) the Sadaq/Islamic Marriage Contract did not meet the requirements of voluntariness and conscionability to be construed to be a premarital property agreement or partition and exchange agreement pursuant to Texas law. At the end of trial, the Court rendered its verdict denying the Respondent’s Motion to Dismiss for Want of Jurisdiction and Comity as to the Sadaq/Islamic Marriage Contract as a premarital agreement. No action was taken by Respondent to preserve any error for appeal. This was one of the most complex family law matters in Harris County involving the ever increasing problem of foreign proceedings and law. (Harris County) (I represented the Respondent). This cause of action was an improperly obtained default judgment on an Application for Protective Order requested by the Movant, the alleged wife/girlfriend, and involved questions of personal jurisdiction. Respondent was a citizen of Canada, who worked in the United Arab Emirates. Respondent met the Movant through a dating website and subsequently in person in the United Arab Emirates where they engaged in an intimate relationship. The Movant alleged she married Respondent and became his second wife; polygamy is recognized in the United Arab Emirates. When Respondent returned to Canada and sought to end his relationship with his first wife, the Movant came to the United States of America, ultimately coming to Houston, Texas where she spent one night in a hotel room with Respondent. She alleged Respondent resided in Harris County, Texas and was employed by a Texas company, and further alleged that she was pregnant, that Respondent physically assaulted her in the hotel leading to a miscarriage nine days later, and that Respondent abandoned her in Houston without any money or passport/visa, etc. She also alleged that Respondent, who was going through a divorce in Canada, had threatened her and his Canadian wife with harm in order to obtain custody of his children. Respondent denied that he had assaulted the Movant or threatened her with harm or that he had threated harm to his Canadian wife or left her destitute and unable to leave Houston, Texas. He admitted that he and the Movant had met in the United Arab Emirates, that he had assisted her in getting a visitor’s visa to the United States of America, and that he spent one night with her in a hotel in Houston, Texas while he was visiting friends in the area before returning to Canada.    Respondent was improperly served with the Application for Protective Order and a Show Cause Order in Canada on December 9, 2017 (Saturday); such show cause hearing was set for December 13, 2017. Respondent contacted his Canadian family law attorney who advised him that Texas did not have personal jurisdiction over him and that he did not need to appear for the hearing. Respondent also sent the Court a letter advising that, contrary to the allegations in the Application, he did not reside in Texas or the United States of America nor was he employed in Texas. There were additional allegations that the Movant conspired with Respondent’s Canadian wife to establish family violence by Respondent in order to deprive him of parental rights and possession and access to his children. Respondent filed a Special Appearance, Motion to Set Aside Default Judgment subject to the Special Appearance, and an Answer subject to the Special Appearance in consideration of the lack of personal jurisdiction. Additionally, he sought expedited discovery. On March 2, 2018, after an evidentiary hearing, the Court reinstated the case and set the matter for final trial. To prepare for the hearing, the I on behalf of the Respondent propounded expedited discovery, conducted investigations in both Texas and in Canada, questioned various fact witnesses, and researched/briefed the issues of proper service on a Canadian resident, etc. On April 12, 2018, a show cause hearing/trial was held at which time, the I questioned fact witnesses, and offered and admitted evidence supporting Respondent’s defense and rebutting the Movant’s allegations, including but not limited to Respondent neither working nor residing in Harris County, Texas. At the conclusion of the hearing/trial, the Court denied the Application for Protective Order and all relief sought by the Movant. This was a challenging hearing in that the 280th Judicial District Court which is a specialized court for Protective Order Applications rarely denied them. (Fort Bend County) (I represented the Petitioner). The case was a suit affecting the parent-child relationship involving UCCJEA issues. Petitioner, and Respondent, an NBA basketball player, engaged in a long-term intimate non-marital relationship in Fort Bend County, Texas during which a male child was born to Petitioner.   Petitioner and Respondent terminated their intimate relationship at which time Petitioner filed a Petition in Suit Affecting the Parent-Child Relationship and an Application for Protective Order in Fort Bend County, Texas. Subsequently the parties entered into an agreed nonsuit of the Application for Protective Order. There was an agreed adjudication to establish Respondent as the child’s father and discovery was exchanged by both parties. During the pendency of the case, Respondent, who was a professional NBA basketball player, was traded to a sports team in California and moved there for employment purposes. Petitioner also moved to California and sought to transfer the Fort Bend County, Texas case to California, alleging the move to California by both parents of the child made California the home state of Texas an inconvenient forum. Respondent objected to the transfer of the case from Fort Bend County, Texas and to the designation of California as the child’s home state. A hearing date was scheduled and Petitioner prepared for same with witnesses and exhibits. The hearing took place over two days, with extensive exhibits and multiple witnesses, including an expert California family law attorney testifying on the pending litigation in California and its affect here in Texas. The Court dismissed the transfer and kept the case in Fort Bend County, Texas. Subsequently, the parties entered into a Mediated Settlement Agreement resolving not only the jurisdictional issue but also all conservatorship, support and various ancillary issue resulting in a final order disposing of the case, 2020
• In eight years, I have handled over four hundred and fifty family law cases, including thirteen final trials on the merits, participated in over thirty contested hearings, represented clients in over fifty mediations, and conducted at least a dozen mediations as the mediator. I have won more than 95% of all my contested hearings, 2020

Pro bono/Community Service

• Donate time and fundraising efforts for the Fort Bend County Exchange Club which strives to support organizations for the prevention of child abuse, 2020