Family Law Blog

Almost every lawyer has had someone say, "you cannot represent my wife in our divorce, you did our wills!" Wrong. (citations omitted)  Or, you cannot represent my wife in your divorce, you represented me in my DWI.  Wrong again. (citations omitted)  But what about, "you cannot represent my wife in my motion to modify because your partner represented me in our divorce" ?  It would seem obvious that a modification is by definition a different matter only dea... Read More

Almost every lawyer has had someone say, "you cannot represent my wife in our divorce, you did our wills!" Wrong. (citations omitted)  Or, you cannot represent my wife in your divorce, you represented me in my DWI.  Wrong again. (citations omitted)  But what about, "you cannot represent my wife in my motion to modify because your partner represented me in our divorce" ?  It would seem obvious that a modification is by definition a different matter only dea... Read More

Collaborative law in Travis and Williamson Counties/County, Texas is not for the agreed cases...it is for the hard and contentious cases!... Read More

A common techniquie in Williamson and Travis County, Texas custody disputes has been for the parties to agree on a social study expert to conduct a Section 107 Social Study and essentially tell the Court who the best parent is.  Occasionally, a party, through their attorney, will agree in a "rule 11" agreement to pay for 1/2 a social study and will then refuse to do so...withdrawing their signature on the Rule 11 Agreement or trying to....well although Rule 11 agreements are not l... Read More

Parents don't want normally get rewarded for hiding from service of process, but one way they almost do is if they have to be served by publication, the poor parent who is trying to get orders in a paternity suit has to purchase an ad litem to represent the child as well as their own lawyer. One way around this is the Judge can sign temporary orders that appoint the ad litem as well as granting temporary custody so that the parent who is hiding doesn't show up at the daycare and remove the chil... Read More

At least in the 425th Judicial District in Williamson County, the Judge will allow a move (by mom) with a child to Dallas from Austin or Round Rock even on temporary orders, where the father did not use his visitation or see the child much anyway and where mother's new job in Dallas was much better than her opportunities in the Austin or Williamson County areas. In short, at least in some Williamson and Travis County Courts, the Judge won't read in some prohibition against moving that really i... Read More

A new issue has come up where a party (father) pro se accidentally files a motion to modify child support in Texas although both parties reside outside Texas and have since the decree of divorce over a year ago.  The mother's counter-petition sought to change visitation, meaning that suddenly under Section 152.202 of the Family Code the Court in Williamson County, Texas could decide that no one lives in Texas nor has a substantial connection with Texas any more and/or that no person ac... Read More

There is much rejoicing on the OTHER side of family law cases when the more unstable or weak parent switches attorneys. Of course, sometimes switching lawyers is necessary or prudent, but usually it's just a sign of running out of money or being, well, a freak.  And freaks don't listen to advice and it makes the other side SO happy when a switch takes place, because the Judges and the ad litems know what it means as well. Instability.  But, for when it's needed, really needed, a person... Read More

When a child has not resided in a state (any state) for at least 6 months, but the child has moved around, usually the proper jurisdiction for a suit is the state in which the first paternity or divorce or SAPCR suit was filed.  First filed wins.  Please see In re Pressley, 166 SW3d 866(2005) and TFC Section 152.206(a).  Texas Courts have the option of declining jurisdictino in recognitino of antoher state's status as home state or due to a determination of a significant conn... Read More

At least in Williamson and Travis Counties in Texas, Judges still make the decision on where a child should live--the teenagers don't tell Judges what to do, in fact just the opposite.  But, once a "child" can drive, the truth is that the child really does tell the Judge where he or she wants to live, although Judges are loathe to admit it.  My recent experience is that the only real way to overcome this presumption that a child really tells a Court who gets custody is to sho... Read More