Family Matters
Latest rulings, news and developments from R. Shane McFarland and industry-wide experts.
Family and criminal law overlap
It is not uncommon for family law and criminal law to overlap. In perhaps the most bizarre incident I can recall seeing, a Texarkana woman is alleged to have sent Ricin laced letters to President Obama in an attempt to frame her estranged husband. The husband has...
Japan joins the Hague Convention
Japan has agreed to join the Hague Convention, an international treaty intended to prevent international child abduction. The US and Japan have had ongoing disputes over the last decade involving several well published cases of Japanese citizens abducting their...
Resources
The following is a list of helpful resources and informative websites that can further assist you with frequently asked questions about family law, the most current and up-to-date information regarding county courts, judges, and local court rules, and the most recent...
Spousal Support
For divorces filed after September 1, 2011, the rules for maintenance or “spousal support” have been greatly expanded. Spousal support may be awarded in cases where the parties have been married more than 10 years or a spouse has been convicted of or received deferred...
Divorce
A Texas divorce involves both the division of the parties’ property and, if children are involved, child custody and child support. Below is list of frequently asked questions regarding divorce. How long will a divorce take? The Court may not grant a divorce before...
Child Support
A child support order may be initially rendered in a Divorce or a Suit to Establish the Parent-Child Relationship, which is a custody case between unmarried parties. Below is list of frequently asked questions about child support. How much will child support be? Child...
Child Custody
Child custody may be initially rendered in a Divorce or a Suit to Establish the Parent Child-Relationship, which is a custody case between unmarried parties. Below is list of frequently asked questions about child custody. What is custody and what is joint custody?...
Paternity
Paternity of a child may be initially determined in a Divorce or a Suit to Establish the Parent-Child Relationship, which is a custody case between unmarried parties. Below is list of frequently asked questions about paternity. What is a presumed father? The Texas...
Grandparent Access
Grandparents have the right to file a lawsuit for managing conservatorship of a grandchild if the child’s present circumstances significantly impair the child’s physical health or emotional development OR both parents consent to the grandparent filing a suit. If a...
Interstate Issues
When a child custody case involves individuals in different states, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines jurisdiction. Initial Determination To determine which state has proper jurisdiction to make an initial determination of...
Possession and Access
If a parent has not complied with an order for possession and access to a child, and that parent does not have a valid defense, then the Court may fine or jail the nonpaying parent. The maximum punishment is six months in jail and a $500 fine per violation. The Court...
Mediation
Mediation is a non-binding confidential settlement conference at which a neutral mediator is present to help you and your spouse reach a final settlement of your case. Parties may attend without attorneys but should be advised that a mediator may not provide you with...