Pending before the Texas Supreme Court is this very question: Does Texas law recognize a claim for tortious interference with inheritance rights? At this time, there is a split between Texas appellate courts. Courts in San Antonio, Houston, and El Paso have recognized...
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Denton Divorce Law Blog
Child Protective Services (CPS): The Light at the End of the CPS Tunnel
An absolute fear of any parent is having your child removed by Child Protective Services (CPS). Suddenly, complete strangers need to know every little detail about your life and your child's life, and your every move is being monitored. While it may seem stressful,...
Guardianship
Have you ever wondered what makes a person qualified to be a guardian? Or, if more than one person qualifies as a potential guardian, how does the Court place each person within the hierarchy of possible guardians? The Estates Code answers all of these questions....
Gun Rights: Voisine v. United States
Voisine v. United States began in 2004 when Stephen Voisine pled guilty in 2004 to assaulting his girlfriend, violating Section 207 of the Maine Criminal Code. That section makes it a misdemeanor to "intentionally, knowingly, or recklessly cause[ ] bodily injury or...
How Does Texas Treat Gestational Agreements?
Over the past four decades there has been a steady rise of the average age of first time mothers. In 1970 the average age of a first-time mother was 21.4; this number grew to 24.9 in 2000, which increased again to 25.2 in 2009, and again to 26.3 in 2014. The National...
The Federal Court System
The structure of our judicial system results in the creation of many courts throughout the country, all with different jurisdictions. Some, like federal bankruptcy courts, only hear bankruptcy cases; others, like state family law courts, only hear issues dealing with...
Paying Court Ordered Child Support
Texas laws do not favor a person who fails to pay court-ordered child support. When someone stops making child support payments, any of the following could happen: 1. The Attorney General's office can take funds from your tax refund, lottery winnings, and even the...
Know Your Rights: Evidence Obtained During Stop
If you haven't heard, the U.S. Supreme Court came out with a new decision regarding the protections under the 4th Amendment on Monday, June 20, 2016. The case, called Utah v. Strieff, deals with whether evidence can be used against you when the evidence was obtained...
Keeping Separate Property Separate
Texas is a community property state, which means that most property acquired during the marriage belongs to both spouses and must be divided between them if they get divorced. Everything from the house to the kitchen table, if it was acquired during the marriage then...
Gifts Between Spouses
Most people don't realize the technicality of gift-giving between spouses, or to spouses, especially with regard to real property. Take the following examples: 1. Spouse A owns a house before marriage, so it is Spouse A's separate property. Spouse A deeds the house to...