Archive for the ‘Recent News’ Category

Are Jury Trials for Custody a Moot Point?

On May 31, 2018

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In Texas parents have a right to ask a jury to decide which parent determines the primary residence of the child. There are a host of reasons to select a jury, one of the most obvious being you don’t want the Judge making that decision. Juries however are precluded from making decisions about child support, […]

Mediated Settlement Agreement Irrevocable Even by Agreement?

On May 12, 2018

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This a pretty stunning case out of the Houston Court of Appeals – 14th District. In re Minix, 2018 Tex.App. LEXIS 1489 (Tex.App..– Houston [14th Dist.]. The parties entered a Mediated Settlement Agreement regarding custody of their three-year-old child. Prior to entry of judgment the father complained that Mother was not following the MSA and […]

Possession Decided by a Counselor/Therapist

On May 8, 2018

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I have had both lawyers and judges suggest from time to time that possession in particularly thorny custody cases be decided by a children’s therapist. Therapeutically and practically this always been problematic. The role of therapist is not to referee custody disputes and in doing so may violate the patient-client confidentiality so important in a […]