Family Matters
Latest rulings, news and developments from R. Shane McFarland and industry-wide experts.
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...
Travis County’s Second Amended Emergency Covid Order
The Travis County Judges have published a new emergency order. In short there will not be a regular docket until at least June 29th. Any need for a hearing prior to June 29 will need a Judge's approval. Travis Cnyt - 2nd Amnd emergency Order - closed until June 29...
Williamson County Rules for Public Access to Court Proceedings
The Williamson County Courts have posted rules allowing for the public to observe court hearings that are held remotely. in short it sounds like the public could participate in a zoom hearing or similar video conference. covid-19-order_regarding_pub
Travis County Associate Judges Rules for Remote Family Law Hearings
The Travis County Associate Judges have announced their rules for remote hearings during the COVID-19 shutdown. My initial questions are how will they determine for which cases get a hearing other than those specified in the procedures, and how witness coaching from...
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...
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...
Austin Monthly Magazine – 2019 Top Attorneys
R. Shane McFarland was named one of Austin's top Family Law Attorneys by Austin Monthly Magazine.
Child Support Guidelines to Rise as of September 1, 2019
The Texas Register OAG made an Announcement of Adjustment Required by Texas Family Code §154.125. Effective September 1, 2019, the guidelines for the support of a child apply to situations in which the obligor’s monthly net resources are not greater than $9,200.
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...
What’s the right to determine the child’s primary residency really mean?
The right to determine the primary residence in Texas Family Law has traditionally meant that the parent awarded that right also determines the public school which the child will attend. The most frequently cited case for this proposition is Doncer v. Dickerson, 81...
Electronic Harassment (Among Other Things) Results in Protective Order
Here’s a case that demonstrates that extreme behavior directed toward an ex-spouse will often result in a protective order. Wargocz v. Brewer, No. 02-17-00178-CV, 2018 WL 4924755 (Tex. App.—Fort Worth 2018, no pet. h.) The general facts were in the first full month...
Different Deadline for De Novo Appeal between Associate Judges and IV-D Masters
A little known distinction in de novo appeals between Associate Judges and IV-D Judges is the time frame for filing the appeal. As background, a litigant has the right to have an elected Judge rule on their case. There are however many Associate Judge's appointed to...