I've wondered when the ongoing research on football and brain injury would make its way into family law litigation.  The time is apparently now, as the New York Times has just published an article about just this....

A popular question form clients is "Can I get retroactive child support?" As with many legal questions, it depends. The first factor is what kind of case is it.  In an original suit where child support has never been requested the family code allows for support to be...

I am frequently asked about the law on a 50/50 or equal schedule. The Family Code does not discuss an equal schedule or 50/50 schedule. The law as it stands today is the Court should order a Standard Possession Order unless there is compelling evidence not to. There...

The Texas legislature is taking up what should be a significant rewrite of the family code this issue. The main driver of this will be the now constitutionality of same sex marriage. For example is this bill, which shows the many ways this will affect the common law...

Alaska is breaking new ground as the first state to authorize a court to render a custody order for pets. This is link to the statute: http://www.legis.state.ak.us/PDF/29/Bills/HB0147A.PDF An Alaskan Court may now in a divorce action make orders as to, "if an animal...

In 2015 the US Supreme Court in Obergerfell v. Hodges held that same sex couples may exercise the right to marry in all states. As to Texas marital law there are several unanswered questions that the Courts and Legislature will need to resolve. When will the Courts...

An appellate court has confirmed that the Attorney General does not have to tell the other parent where their child or the other parent lives.   The fact situation was a father was sued by the AG to establish his paternity.  The father sent discovery asking the AG to...

De Leon v. Perry, ___ F.Supp. 2d___ 2014 WL 715741, SA-13-CA-00982-OLG (W.D. Tex. 2014) (injunction) (02-26-14) Opinion: Applying the US Supreme Court’s recent decision in United States v. Windsor, 133 S.Ct. 2675 (2013), Hon. Orlando L. Garcia ruled that Texas’s...

An interesting case out of the San Antonio Court of Appeals; a couple entered into an informal marriage and at the time the Husband owned a separate property ranch. After the Wife discovered her Husband was having an affair with her sister, the Husband and Wife signed...

Interesting story about a case in Dallas. In short, a man was wrongfully convicted in a series of sex assaults and spent 24 years in prison before being released after DNA testing. He has received $2 million from the State of Texas plus $11,000 per month. At the time...

The statutory cap for child support will be increasing on September 1, 2013 from $7,500 to $8,550. The cap works as follows. The court applies the percentage guideline to the first $7,500, soon the first $8,550, of a payor's net income. The percentage applied is based...