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An Amicus Attorney May Not Also Be A Mediator

On September 14, 2018

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It’s not uncommon for an Amicus Attorney or Guardian Ad Litem to assist in settling contentious divorce or child custody proceedings. This, however, does not allow them to take on the role of mediator per the Tyler Court of Appeals.  In In re E.B. (Tyler Court of Appeals Cause No: 12-17-00214-CV) the parties to a divorce entered […]

Admitting Electronic Evidence

On September 11, 2018

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The law often struggles to maintain pace with constantly changing technology, particularly when authenticating electronic evidence.  Gadekar v. Zankar, (Tyler Court of Appeals) (12-16-00209-CV), demonstrates the pitfalls.  In a final divorce trial the Husband, representing himself, attempted to enter a 231 page document showing e-mails mostly between the parties.  The Husband had not removed the handful of […]

Standard of Proof to Modify Temporary Orders

On August 13, 2018

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A common situation litigants face in a complex divorce is multiple temporary orders hearings.  The family code is not clear on what standard of poof is necessary to modify a prior temporary order.  The 14th Court of Appeals has addressed the issue in In re McPeak.  In the McPeak case a temporary order was rendered requiring […]