Family Matters

Latest rulings, news and developments from R. Shane McFarland and industry-wide experts.

Don’t Create Standing for 3rd Parties Part Two

Both the Family Code, Texas case law, and even the US Supreme Court set a high bar to allow 3rd parties to seek custody of children against parents. One way to lower that bar dramatically is to voluntarily give rights to a 3rd party in an order. In the Interest of...

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Don’t Create Standing for 3rd Parties

IIO T.R.H., 2018 Tex. App. LEXIS 3501 (Tex. App. - Beaumont May 17, 2018) This is a cautionary tale out of the Beaumont Court of Appeals.  In a SAPCR the Mother and Father agreed that the paternal grandmother would have possession of the child for two weeks each...

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Doing the Default Right

When waiting my turn at the uncontested docket I am always surprised at how often defaults are done without supporting evidence.  Here is another case that shows what happens when you don't prove up your case even when the other side doesn't bother to show up. In re...

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I SWEAR IT’s MY SEPARATE PROPERTY

As a general proposition, testimony is sufficient to prove most elements in a family law case if the court or jury believes your testimony.  An important exception is separate property, where mere testimony that property was purchased with separate property funds,...

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Bankruptcy and Divorce – Be Very Careful

Adeleye v. Driscal, ___ S.W.3d ___, No. 14-14-00822-CV, 2018 WL 1057482 (Tex. App.— Houston [14th Dist.] 2018, no pet. h.) (02-27-18). The above is a startling reminder that you should be very careful in a divorce case where a bankruptcy is pending.  As background, if...

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Helpful Links

Travis County District Courts
Biographies of Judges, local court rules and other useful information.

Travis County Standing Order
This order is entered concurrently with the filing of divorce and child related lawsuits in Travis County.

Williamson County Courts
Biographies of Judges, local court rules and other useful information.

Hays County Court
Biographies of Judges, local court rules and other useful information.

Hays County Standing Order
This order is entered concurrently with the filing of divorce and child related lawsuits in Hays County.

State Bar of Texas
The official site of the organization of attorneys in Texas.