Denton Divorce Law Blog
The Expanding Rights of Non-Parents
In 2018, the Texas Supreme Court delivered an opinion expanding the rights of non-parents to have standing (the legal right to bring a lawsuit) in certain lawsuits under the Family Code. In the Interest of H.S., a Minor Child, the Court held that a non-parent may have...
Social Media and Why It’s Important to Be Careful What You Post When You have an Open Court Case
There are a variety of benefits and risks associated with relevant technology. Facebook has nearly 2 billion users. A new Facebook account is created five times every second. One statistic states that 50% of 18 to 24-year olds go on Facebook every morning when they...
Splitting Time During Holidays for Children: Keeping Holidays as Stress-Free as Possible
The holidays can be a difficult time for those going through a divorce or custody battle. Luckily, there are a few things you can do to keep your holidays sane. Know where your children will be spending the holidays, what times they'll be with their other parent and...
ATTACHMENT/ SEQUESTRATION
The Estates Code authorizes the Probate Court to issue a writ of attachment, conditioned on the posting of a bond ordering a Sheriff or Constable to seize and hold the property or part of the property, pending additional orders of the Court. The allegations of the...
Temporary Restraining Order & Temporary Injunction
The purpose of a Temporary Restraining Order or a Temporary Injunction is to maintain the "status quo" or in other words, keep things the way they are. Generally, in order to get a Temporary Restraining Order ("TRO") or a Temporary Injunction one must prove the...
Prohibited Cellular Phone Use While Driving in Denton County
Effective June 1, 2017, it is illegal to use a hand-held communication device while driving in Denton, Texas. This effectively means that drivers can no longer use a cell phone for text messages, email correspondence, voice call, face time or other physical use by...
A COURT OF INQUIRY PROCEEDING
A court of inquiry is a criminal proceeding authorized by and conducted according to the Texas Code of Criminal Procedure. When a District Judge, acting in his capacity as magistrate, has probable cause to believe an offense has been committed against the laws of this...
Possession for Children Less than 3 years old in Texas
The Texas legislature has declined to provide a set schedule for children under 3 years of age, instead the Texas legislature has provided us with a list of factors the court should take into account when determining a possession schedule for a child less than 3 years...
What is a No-Fault Divorce in Texas?
A no-fault divorce is preferred by most divorcing couples because it can leave a lot of personal information out of the court case. The parties to the no-fault divorce do not claim or have to prove fault in the breakup of the marriage. The language used is: "The...
Who can Claim a Child as Dependent on Taxes in Texas?
Typically, only one parent can claim a child as a dependent. So, which parent claims a dependent child? Generally, the parent that has the child for the greater part of the year (over 50%), in other words the parent that the child lives with primarily, claims the...