Category Archives: Family Law
The Difference between Binding and Non-Binding Mediated Settlements
Mediation has certain merits and many couples successfully resolve their disputed issues through mediation. When signing a mediation settlement agreement (MSA), couples have two options. An MSA can be either binding or non-binding. This fact bears significant importance and is worth explaining. How a non-binding mediation agreement works Under the Texas Family Code, either spouse… Read More »
What Are Grandparents’ Visitation Rights under Texas Law?
Overall, Texas law gives parents priority when it comes to custody of their children. Parents also have the right to determine who has visitation with their children and to what extent. Other parties can have visitation as long as the parents agree. So when everyone agrees, parents and grandparents, there are no issues. When conflicts… Read More »
Parents’ Rights vs. Grandparents’ Rights
Grandparents can be an integral part of some children’s lives. However, if conflicts arise between parents and grandparents, how do parents’ rights legally stack up against grandparents’ rights? Individual states have their own laws, and for the most part, courts at the state level decide family issues. Even so, some cases have risen to the federal… Read More »
How the Best Interest of the Child Relates to Adoption
We hear the phrase the best interest of the child throughout the divorce and child custody process. Certainly many U.S. states have incorporated the best interest of the child concept into their family law statutes. Likewise, many courts have ruled on cases using this concept as their benchmark. The Texas Family Code Section 153.002 states:… Read More »
Texas Rulings on Same-Sex Marriages
As same-sex marriage moves into the national spotlight during presidential campaigns, you may be curious to know how Texas courts view same-sex marriage. Under the Texas Family Code, same-sex marriages are not legal. However, the issue has come up for review before the Texas judiciary various times: In 2010, The Statesman reported that Texas Attorney… Read More »
The Difference between Divorce, Annulment and Void Marriages
While divorce, annulment and void marriages all end a marriage, there are legal differences between the three. Divorce Divorce is appropriate for couples who were legally married and want to dissolve the marriage. Valid marriages under Texas law meet all legal requirements from the outset. Once the divorce is final, the courts still recognize that… Read More »
When Is a Marriage Void in Texas?
Under various circumstances, Texas courts can consider marriages to be void based on Texas Family Code Subchapter C. Declaring a Marriage Void. Consanguinity Consanguinity is the kinship or family relationship that people share. Consanguinity that makes a marriage void includes marriage to: A brother or sister, whole or half blood or by adoption An ancestor… Read More »
When Do Texas Courts Appoint Guardians?
Any number of situations can make parents unable to care for their children—through unexpected death, a serious accident involving brain damage or physical incapacity, or a prolonged terminal illness. A guardianship is a judicial proceeding that appoints a person or entity with full or limited authority to take care of the child or for an… Read More »
Does a Child Protective Services (CPS) Investigation Mean You Lose Your Children?
While Child Protective Services (CPS) makes the children’s safety their priority, it also works with parents to help them correct abuse or neglect and find constructive ways to discipline children when needed. What is a CPS investigation? The purpose of a CPS investigation is to find out whether a report of child abuse or neglect… Read More »
Texas Child Support When a Parent is a Minor
In Texas, parents have child support obligations, even when they are minors and still going to school. How the courts determine child support, of course, depends on a variety of factors: Are the child and mother living with parents or grandparents? Are parents or grandparents currently providing support for the child? What income is the… Read More »