What is a Mediated Settlement Agreement? If you reach an agreement in a mediation, more precisely called a Mediated settlement agreement or MSA for short, the agreement is binding on you and all other parties you are agreeing with in a family law case as long as the MSA is…
Can I ask a Texas Court for visitation rights for my grandchild? Texas allows grandparents to gain court-ordered visitation of grandchildren in very limited circumstances. The reason that the statute allowing grandparent visitation is so limited is because the United States Supreme Court has decided that parents having the…
Can I appeal my divorce while still accepting benefits from the parts of the judgment that work in my favor? As with most questions asked about the law, the answer to whether you can appeal a part of your divorce while accepting benefits from the parts of the divorce you…
The Texas Family Code requires that a child in the conservatorship of DFPS attend all permanency hearings. This section also requires that if the court determines it is in the best interest of the child, and the child is older than four, that the court must consult with the child…
Family Law Discovery Issues: If there is one aspect of practicing law that a consensus of attorneys will agree is a mental beat-down, it would be the discovery process. Since discovery is a necessary evil, discovery is a tool that attorneys must effectively wield in order to adequately represent their…
The Texas Family Code has a lot to say on what it means to be a father, what rights fathers have in regards to their children, and what obligations come along for the ride. So first off, who is considered to be the father? It is “a man legally determined…
A trial court has plenary jurisdiction (complete control) over a case for 30 days after the judge signs the final judgment in a divorce decree. During those 30 days, one of the parties may file a motion for a new trial or a motion to modify, correct, or reform a…
What is a Discovery Control Plan? Three levels of “Discovery Plans” are found under Texas Rules of Civil Procedure Rules 190.2-190.4. Each section has its own requirements for who falls under what level and how discovery will be organized and completed. In order to get a better understanding of what…
Usually, it is in the best interest of a child to live with their parent. This is not always the case though, and there are times that a court may need to terminate the rights of a parent. The court will terminate a parent-child relationship if it finds it to…
As a general rule in Texas, all property that you acquire during marriage is community property. There are some exceptions in which property can be deemed one spouse’s separate property. These are pretty basic concepts but the issues arise when property is commingled or wasted by another spouse and how…