Texas family law was written before marriage between same-sex partners was recognized. Many of the statutes are written in gendered terms that do not contemplate the possibility of marriage between same-sex partners or parents who are the same sex. A recent case considered whether the female spouse of a child’s…
Articles Posted by Francesca Blackard
Texas Appeals Court Won’t Take Piecemeal Approach to Property Division Appeal
In a Texas divorce, the division of community property must be just and right. The goal is an equitable, but not necessarily equal, division. A party may not get the specific items that he or she wants, but that does not necessarily mean that the division of property is not…
SSI Should Not Be Considered in Calculating Texas Child Support
In calculating child support, a Texas court must consider each parent’s net resources. The Texas Family Code defines which resources are to be included, and which types of resources are excluded from consideration. In a recent case, a wife challenged an order to pay child support and medical support, partly…
Texas Court Grants Grandparents Visitation and Access to Grandchildren
Under Texas family law, a court may grant grandparents reasonable possession and access to a grandchild if three conditions are met. First, at least one of the child’s parents, whether adoptive or biological, must have parental rights to the child. Second, the grandparent must overcome the presumption the child’s parent…
Texas Mediated Settlement Agreement May Be Binding Even If Signed Before Divorce Is Filed
Texas family law allows the parties to a divorce to enter into a binding mediated settlement agreement (MSA). If the agreement meets certain requirements, a party is entitled to judgment on the agreement. In some cases, however, one party may wish to challenge a mediated settlement agreement. In a recent…
Texas Appeals Court Upholds Permanent Injunction Prohibiting Contact Between Father’s Girlfriend and Child
Generally, a permanent injunction is difficult to obtain and requires proof that certain requirements are met. In Texas child custody cases, however, a court may be able to issue a permanent injunction, even if those requirements have not been met, if it finds that the injunction is in the child’s…
Time Limit for Alleged Biological Father to Rebut Husband’s Presumptive Paternity in Texas
Under Texas family law, a child’s parents have certain rights and duties regarding their children, including the right of possession and the right to make certain decisions related to them. Parents also have the duties to support, care for, and protect their children. Though in some cases, the parent-child relationship…
Texas Court May Correct Clerical Error in Final Decree
In a Texas divorce case, a mediated settlement agreement (MSA) that meets the requirements set forth in the Texas Family Code is binding and cannot be revoked. Furthermore, the parties are entitled to judgment on such an MSA during the court’s plenary power. In a recent case, a husband challenged…
Texas Court May Not Make Substantive Change When Clarifying a Custody Order
Most Texas custody cases are between a child’s parents, but in some cases other family members may be involved. In a recent case, an uncle challenged a modification of the access and possession terms of a court order related to his brother’s child. Although the trial court expressed an intention…
Texas Court May Not Ignore Stipulations in Property Division in a Divorce Case
Generally, a trial court in a Texas divorce case has the discretion to divide marital assets. A trial court can, however, abuse its discretion if it divides property without reference to guiding rules or principles and without evidence to support the ruling. An appeals court recently found that a trial…