CHILD CUSTODY PREPARATION

SUIT FOR MODIFICATION OF CUSTODY CHILD CUSTODY QUESTIONNAIRE

THE INFORMATION CONTAINED IN THIS DOCUMENT IS CONFIDENTIAL AND SUBJECT TO THE FAMILY ATTORNEY CLIENT AND WORK PRODUCT PRIVILEGE Suit for modification of custody: The following form is designed to help us to better litigate your custody case. Some of these questions may be asked of you on the witness stand, and your answers on…

Uniform Child Custody Jurisdiction & Enforcement Act Process and Procedures in Texas

  The Uniform Child Custody Jurisdiction and Enforcement Act has some provisions to ensure uniformity and to encourage parties to participate in the child custody proceedings. The first is that priority is to be given to cases which have been identified as UCCJEA cases. If a question or existence or exercise of jurisdiction under the…

Modification-to-final-order

Modification to final orders for child support, health, and dental insurance in Texas

Grounds to modify a final order in a divorce in which children were part of the divorce also a suit affecting or, suit to establish the parent-child relationship that being a final order and modification to that final order for purposes of an increase or a decrease in child support but then also health insurance.…

Assault Claims & Defenses in a Divorce, Elements, damages and how to plead

Cause of action of assault in a family law proceeding. Many times, in family law there are allegations of physical violence. A party may seek a protective order,  or injunctive relief, but then also the alleged victim can assert civil claims for monetary relief against the perpetrator which includes past and future medical expenses, lost…

Revenge Porn statutory causes of action to use in a divorce proceeding in Texas

The use of revenge porn in a divorce or family law matter or the use of naked pictures, home video that are of a private matter the sexual activities of the lovers the, the parties to the family law matter is something that as I started in practice in 2002 there’s really no laws about…

Intentional Infliction of Emotional Distress in a Divorce as a Cause of Action

Elements of intentional infliction of emotional distress, some case law examples we will discuss the elements to prove this cause of action in a divorce proceeding. One spouse in a divorce proceeding can sue the other spouse for intentionally or recklessly causing severe emotional distress by extreme and outrageous conduct. This claim is available only…

Putative Marriage in Texas, Elements, & Rights of a Putative Spouse in Texas

Putative marriage is a marriage contracted in good faith and in ignorance (on one or both sides) for which impediments exist that render the marriage unlawful. Putative marriage marriages are attempted marriages which are contracted in good faith by at least one party but are void because of an unknown obstruction to the person claiming…

Common law or informal marriage in Texas

Common law also called an informal marriage in the United States there are 11 states that recognize the informal or common law marriage. A common law or informal marriage is the legal equivalent to a formal marriage, but it comes into existence without any of the formalities generally required to create a marriage which would…

Texas Rules for Characterizing Marital Property upon Divorce

General rules which can be applied to property upon dissolution of a marriage or for purposes of a partition in exchange agreement, or for a probate matter. The rules as I present to you are based on Texas case law and the Texas family code. Marital property in Texas Property owned by a spouse is…

Fraud & Waste against the community estate in a Texas Divorce

When you dissolve a marriage claims can be made for fraud and waste and then also for breach of fiduciary duty that one spouse would owe another spouse. I generally start with a definition of community property to give an overall understanding of the property concepts and the offsets that can be made based on…

Uncontested Agreed Waiver Non contested Divorce in Texas Process and Procedure

A waiver uncontested agreed divorce or non-contested divorce are terms are used to describe when a husband and wife have an agreement and they do not contest the dissolution of their marriage. In Texas you start a agreed divorce by filing an original petition for divorce. You file that in the county in which you…

Best Interests of the Child & Holly Factors in a child custody proceeding in Texas

La custodia de los hijos en Texas significa que el padre es el que determina la residencia en la que el niño vivirá, la residencia también determinará la escuela a la que asistirá el niño. Pero, se puede dar el derecho de educación sólo a uno de los padres y en ese caso puede haber…

divorce pleadings in texas

DIVORCE PLEADINGS IN TEXAS

Divorce Pleadings are used to give notice to the Court and the other side the requested relief you would like a Judge or Jury to grant upon dissolution  of your marriage. In this article I will address examples of form pleadings and required information and where to place in your divorce petition. Divorce Pleadings The…