Most custody orders include a standard possession order (SPO) that sets the schedule for each parent’s time with the child. Custody orders refer to parenting time as access and possession, which is the same as visitation. Terms of the basic SPO allow the noncustodial parent to have possession of the child a couple of hours…
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…
SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP CHILD CUSTODY PREPARATION This blog is designed for parents or non-parents involved in an original custody litigation, family law matter, to include divorce as a template for topics to show Best Interests of the Child. WARNING: DO NOT discuss the litigation with your children. DO NOT show this form to…
Family History for A Suit in Modification but also Suit Affecting Parent Child Relationship with Holly Factors a template for your lawsuit
Child Support in Texas, legal definition for child support gross and net resources are defined by a Texas Family Law Attorney
Busby & Associates has been awarded and included in the list of the top 29 legal providers in the area of divorce, bankruptcy and family law in Houston. How were we selected as a top divorce lawyer by Expertise? This directory examines public records and all information to determine the reputation of each provider. It…
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…
Mediation is a process in family law that is an informal settlement conference in which the parties come together to try to narrow the issues for purposes of a trial or to come to settlement to where you don’t have to go to court and go through the trial. The presentation of evidence is in…
Spousal maintenance, maintenance as defined in the Texas Family Code TFC is an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse. Alimony, the term Alimony is used to refer to a contractual agreement between spouses for the…
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.…
Exclusive continuing jurisdiction under the uniform child custody and jurisdiction and enforcement act. When you have a court who has made an initial child custody determination the court retains exclusive continuing jurisdiction, but may lose exclusive continuing jurisdiction based on a objective set of facts which the court would examine in determining that that court…
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…
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…
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 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 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…
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…
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…
Auto de hábeas corpus de restitución de un menor. Un recurso de hábeas corpus se utiliza para obligar a una parte a devolver o entregar un niño a la persona que tiene un derecho superior a la posesión del niño. La orden judicial se puede utilizar para hacer cumplir un derecho de posesión ordenado por…
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…