Child Custody

Court Emphasizes Importance of Honesty During Collaborative Law Divorce

Published on: February 15, 2016 | by Kate Mataya

A Court in Houston recently reinforced the importance of honesty and full disclosure during the Collaborative Law process when it found that a husband potentially committed fraud by failing to disclose changing job circumstances. See Rawls v. Rawls, 2015 WL 5076283 (Tex. App.–Houston [1st Dist.] 2015, no pet.).

A husband and wife in Houston chose to use Collaborative Law to complete their divorce proceedings in 2014. They successfully reached a settlement that included provisions for the wife to receive portions of her husband’s bonus over the next few years. Unfortunately, before the settlement agreement was signed, the husband received a job offer, which he failed to disclose to his wife, and he resigned from his job. Full and complete disclosures of such information is a critical part of the Collaborative Law process, because the goal is to make both parties feel safe to make informed decisions. The Houston Court is currently examining whether the husband committed fraud and breached a fiduciary duty under the Collaborative Law agreement he signed by concealing his job change from his former spouse during the collaborative law process. Continue Reading ›

The Dallas County Standing Order – Recent Updates

Published on: November 12, 2015 | by Bryce Hopson

In light of the specific issues that are faced by litigants in family law cases, the District Courts of Dallas County have promulgated a series of orders (collectively the “Dallas County Standing Order Regarding Children, Pets, Property and Conduct of the Parties”) that applies in every divorce suit and every suit affecting the parent-child relationship that is filed in Dallas County. The Courts have determined that the Standing Order is necessary “because the parties, their children, and the family pets should be protected and their property preserved while the lawsuit is pending before the Court.”

LGBT Rights Still Likely to Remain an Issue after U.S. Supreme Court Decision

Published on: November 1, 2015 | by McClure Law Group

This past summer, the United States Supreme Court issued its landmark decision in Obergefell v. Hodges, which held that under the U.S. Constitution, no state may forbid same-sex couples from marrying and that no state may refuse to accept the legality of same-sex marriages performed elsewhere. This Supreme Court opinion, however, did not address issues regarding children of same-sex marriages/partnerships. As evidenced below, much work still remains to be done in this regard. Continue Reading ›

Interstate Child Custody Disputes and the Uniform Child Custody Jurisdiction and Enforcement Act

Published on: August 20, 2015 | by Bryce Hopson

Our society is rapidly changing—from technological advances, to medicinal breakthroughs, to the meteoric ascension of the multinational corporation, individuals and communities are forced to adapt to our culture’s fast-paced global expansion. While there are certainly many factors that have contributed to these changes, our ability to communicate instantly across thousands of miles and travel thousands of miles in a matter of hours has created a society less focused on the proverbial “home roots.”

When parties finalize their divorce or have an order issued relating to their children, what happens when one or both parents have their home roots pulled up by out-of-state job transfers, family issues that require relocation, or new opportunities that send one parent across state lines? Is the order issued in the first state enforceable by the parent who has moved to a different state? Can the traveling parent modify the prior order in another state, or are they stuck litigating in the courts of the state that issued the original order? What if both parents and the child no longer reside in the state that issued the original order?

The Uniform Child Custody Jurisdiction and Enforcement Act was crafted to provide answers to these questions. Continue Reading ›

Temporary Orders Allow Kelly Rutherford’s Children to Come Back to the United States

Published on: July 15, 2015 | by Francesca Blackard

For any of you Gossip Girl fans or parents of Gossip Girl fans, you probably remember Serena van der Woodsen’s mother, Lily van der Woodsen. Her real name is Kelly Rutherford, and her life is just as dramatic as the scenes of the popular TV show.

Rutherford’s marriage to Daniel Giersch in August 2006 has led to all sorts of personal trouble for her. They had their first son Hermes in October 2006. In 2008, she was pregnant again with their second child, but ended up filing for divorce from Daniel in December of the following year. Their child, Helena, was born a few months after the date of filing. Since then, Kelly and Daniel have been in a seriously heated custody battle. Things took a major change in the divorce suit when in April 2012, Kelly’s attorney allegedly leaked information concerning Daniel’s improper business activity in the United States…which got him deported. Custody win for Kelly? Think again.