Family Matters

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

Beware the Default Judgement – Part 12

Here's another case that shows you always need to present some evidence at a default judgment, this time for child support. The case is In re R.G.A.C.L.G., No. 05-19-00846-CV, 2020 WL 4281953 (Tex. App.—Dallas 2020, no pet. h.) (mem. op.) (07-27-20). During the...

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Remote Family Law Jury Trials

We are a couple months into remote hearings before Judges’ and while it is not a perfect system it resembles the hearing that were being conducted prior to Covid.   On the other hand, jury trials have effectively come to a stop, and it’s difficult to see a way...

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Spousal Support and Disability

The Texas Family Code allows for a Court to award spousal support (also known as maintenance) based on the disability of a spouse.  Disability is not explicitly defined and based on our experience often subjective. The Fort Worth Court of Appeal rendered an opinion...

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Uniform Travis County Zoom Procedures

Good News. Since the Court’s began remote hearings for divorce and child custody hearings each District Court and the Associate Judge’s Court had differing remote procedures. Since lawyers were often not receiving notice of which Court a case was assigned to until...

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Third Court of Appeals Suffers Ransomware Attack

The Third Court of Appeals which is where all appeals from Travis County and Williamson County family law cases including divorce and child custody are heard has suffered a ransom ware attack.  A letter from the Court is attached.  Needless to say this is a dangerous...

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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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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.