Should Cost of Sale Reduce the Value of a Home in a Divorce

As home prices rapidly increase in Austin, taking into account the cost of sale of a home is becoming a bigger deal in divorce settlement agreements and judgements. As an example, in a divorce trial Spouse A wants to keep the marital home worth $500,000 but only once...

Emergency Jurisdiction

As more people move to Austin from both around the country and around the world, jurisdictional issues have become more prominent in local family law. One of the most frequent questions I receive is about “emergency jurisdiction.” This arises when a Court...

Immigration Status and Child Custody

There is an interesting case out of the Houston Court of Appeals (1st Dist.) about the effect of a person’s immigration status as it pertains to child custody. In Turrubiartes v. Olevera the Court found that (1) a parent’s immigration status, standing...

Football and Family Law

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. Could this happen in Texas?  Yes.  Child safety...

Retroactive Child Support

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...

50/50 Schedules and the Law

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...