In family law, discovery is the process in which your attorney will request and obtain information from the opposing party. One tool for discovery in Texas is Rule 194 of the Texas Code of Civil Procedure, Request for Disclosure. These are used to ask for basic information about the case,…
The Obligations of a Fiduciary Simply put, a fiduciary duty is the responsibility to place someone’s interest ahead of your own. So important is this responsibility that it requires the highest degree of honesty and loyalty. Key-word there, loyalty. You can be responsible for a breach of fiduciary duty only…
It is not uncommon for married couples to live together while a divorce is pending. One of the issues we often have to address for our clients is who is going to live in the marital residence. This can be agreed to, and often one party will agree to move…
Courts are working to head off problems with custody orders caused by the Coronavirus. If you have a custody order you must keep up with these orders, since they apply to you. The most recent order on family cases in Kaufman County is from March 25th. Standing Order Governing Possession…
The coronavirus is impacting courts across Texas. Kaufman County Judges have issued the following orders to reduce the number of hearings and to help with the social distancing recommendation by the CDC. These guidelines are effective from March 23, 2020, until further order of the Courts- If a Person is…
Coronavirus is impacting family law in Texas, and one of the first areas that had to be addressed is spring break visitation. Most possession orders refer to the time when spring break ends as a time for possession and visitation to change. But what happens when we are under quarantine…
Parents can agree, or be ordered, to pay private school tuition as part of a custody or divorce case. Let’s say that you and your spouse agree that you will pay for your child’s private school tuition, you put that in the decree, then the bill comes, or you lose…
Most people assume that if you are awarded primary custody, and you have a child living with you the majority of the time, then the other parent will pay you child support. The Dallas Court of Appeals recently heard a case in which Father was ordered to pay child support,…
If you and your spouse are considering a divorce you may want to avoid costly litigation and mediate the case. Mediation is the process of asking a third party, a family law mediator, to help you settle the issues regarding property, custody, visitation, child support, etc. Mediated Settlement Agreements Are…
In Texas, grandparents have a limited ability to seek court-ordered access and possession of their grandchildren. Grandparents who are considering filing a lawsuit to obtain possession and access need to understand the requirements, which are found in the family code. Texas family code section 153.433- This section allows a court…