In this child custody modification matter, the Dallas Court of Appeals, in a Memorandum Opinion In re Kyburz on November 10, 2015, conditionally granted a mandamus to reverse the trial…
Grandparents’ Rights Alive?
The San Antonio Court of Appeals, on November 4, 2015, affirmed the trial court’s appointment of grandparents as a child’s managing conservators. The case began as a termination request of…
Family violence protective order respondent is not entitled to a Jury Trial.
In Roper v. Joliffee, released on October 9, 2015, the Dallas Court of Appeals held that the Family Code and the Texas Constitution did not require a jury trial in…
Mandatory Attorneys Fees
Attorney’s fees, a topic that certainly draws interest. In Russell v. Russell (Russell 2), the Houston Court of Appeals tackled this issue in an opinion issued on September 29, 2015.
Father Prevails in Changing Child’s Last Name
A new opinion on the name change of a child. Not your every day issue, but the Houston 1st Court of Appeals affirmed the trial court’s grant of a change…
Moving … Not So Fast!
Two cases recently reversed child custody modifications, one on the lifting of a residency restriction and the other on a conservatorship modification. In re M.K.T. out of Corpus Christi-Edinburg, released…
Texas Supreme Court Hears Argument — Does Direct Child Support Count
Texas Supreme Court watch. I’m closely watching the Ochsner matter set for oral argument on November 2. Former Chief Justice Tom Phillips is counsel for the Petitioner. The sole issue…
Jurisdiction to Modify Custody or Not when Appeal is Pending?
Get ready for a mind bender. Child order finalized, but appealed. A party files a modification suit of the child order, while appeal is still pending. Should the modification suit…
Modification of Custody and Child Support Within a Year?
In re J.A. is a new opinion about sanctions from the El Paso Court of Appeals worth checking out. Another well-written opinion from Chief Justice Ann McClure. The moral of…
Mediated Settlement Agreements and Setting them Aside
This report concerns mediated settlement agreements and the Dallas Court of Appeals memorandum decision in In re Lauriette, issued on August 20, 2015. Some big takeaways from this one: (1)…