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,...

Here is why you always notify the Attorney General about anything involving your case when they become involved.  Additionally, this is another example of why it is best whenever possible not to get them involved in your case. In re OAG, No. 13-18-00474-CV, 2018 WL...

Here's a good case that shows how determining a home state is determined by the facts on the ground, and not the intent of the parents. C.H. v. S.L., No. 02-16-00386-CV, 2018 WL 4925318 (Tex. App.—Fort Worth 2018, no pet. h.) (mem. op.) (10-11-18). The parties lived...

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...

The Family Code provides Courts and parents a series of tools to prevent the international abduction of children.  These are found in TFC 153.503. (1) appoint a person other than the parent of the child who presents a risk of abducting the child as the sole managing...

Rust v. Rust, No. 04-17-00674-CV, 2018 WL 4760157 (Tex. App.—San Antonio 2018, Here is an interesting case about the interplay of divorce jurisdiction and the UCCJEA. The underlying facts are the Husband was in the armed services and designated his residence as the...

As parents have children later in life, I am seeing more situations where a parent has a child support obligation when they are also receiving old age social security.  In such cases, that parent's children are eligible to receive a payment from the social security...

This case outlines a defense that is often available to parties defending a Motion to Modify. The San Antonio Court of Appeal in  In re A.B.R., No. 04-17-00220-CV, 2018 WL 3998684 (Tex. App.—San Antonio 2018, no pet. h.) (mem. op.) (08-22-18) addressed the following...

Here's a case that confirms the general proposition that child support judgments never go away. The Dallas Court of Appeals ruled in In re S.H., No. 05-17-00336-CV, 2018 WL 3751297 (Tex. App.—Dallas 2018, no pet. h.) (mem. op.) (08-08-18), that a final decree ordering...

To enter a family violence protective order a Texas court must find that family violence (1) has occurred and, (2) is likely to occur in the future. TFC 81.001.   Of the two prongs, the harder to prove in most cases is that violence is likely to occur in the future. ...

It's common to enter complete a divorce before a marital residence is sold, but it's important to be specific about the terms of the sale including when the house will be sold and how to determine the sale price.  Here's a case that illustrate why. In Vara v. Vara,...

Here is a case showing why it is important, even in a default to properly present evidence and offer testimony supporting the relief you are requesting. In  Schindler v. Schindler, No. 13-16-00483-CV, 2018 WL 3151857 (Tex. App.—Corpus Christi 2018, no pet. h.) (mem....