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Family Law Archives

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 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.

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.

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.

Common Law Marriage in Texas

A common law marriage is when a couple lives together for a period of time and holds themselves out to friends, family, and the community as "being married," but never goes through a formal ceremony or get a marriage license.

Governor Greg Abbott signs bills for "community-based foster care" and other major CPS changes

Governor Greg Abbott has recently signed a number of bills aimed at improving child protection in Texas. After much controversy over the broken system, lawmakers have been working to target major issues, providing the Texas Department of Family and Protective Services the options and resources to do what needs to be done for these children.

Parental Alienation - What to Avoid & How to Recognize Symptoms

Divorce brings out the worst in people, but that should never extend to children of the relationship. While parents sort out their dispute, they should do their best to shield their children from the nitty gritty details. Unfortunately, however, some take the divorce as opportunity to poison their children against the other parent-essentially demanding that a child choose "sides." This, in a very general sense, is Parental Alienation.