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 standing under Section 102.003(a)(9) of the Family Code if they are able to show they served in a parent-like role for the requisite six-month period by (1) sharing a principal residence with the child, (2) providing for the child's daily physical and psychological needs, and (3) exercising guidance, governance, and direction similar to that typically exercised on a day-to-day basis by parents with their children. The Supreme Court further explained that a non-parent may have standing, even if the parents have not ceded or relinquished their own parental rights and responsibilities, and maintain legal control of the child.
The Expanding Rights of Non-Parents
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 wake up. Twitter has over 300 million active accounts. There are around 500 million tweets sent each day. More than 80% of young people check their twitter accounts daily. YouTube has more than 1 billion users and hundreds of millions of hours of video.
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.
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 verified complaint must state that the property to be attached is about to be removed from the State of Texas.
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.
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 hand.
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.
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 old.
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 marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation."
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 dependent-exemption deduction for the child. Only he or she is allowed to claim the child as an exemption. However, the parent the child lives with primarily can give the other parent the right to claim the child as a dependent if certain requirements are met.
