In an opinion today that will no doubt cause a Pandora’s Box to open in the family courts, the Texas Supreme Court held that “as agreed” possession orders are authorized, valid, and constitutional. Based on the broad and undefined standards of “good cause” and “best interest”, a possession order that gives one party unlimited and
To Agree or Not to Agree — What’s the Difference?
The in’s and out’s of an agreement in a family law matter can be complex and hotly contested. This is especially true when a party develops “buyer’s remorse” and wants to undo an agreement he or she did.
There are several statutory provisions that address how to reach agreements in a family law case:
- Rule
New Discovery Rules (handout)
I feel like everyone should know by now that we have new discovery rules that have changed the game on a lot of things. Example, we don’t *send* a request for disclosure anymore. Instead, there’s a set of mandatory disclosures that are automatic and have deadlines with
Attorneys Fees After Rohrmoos
Last week I gave a presentation on Facebook live: Attorney’s Fees After Rohrmoos. You can watch the live video here: Attorney’s Fees After Rohrmoos video. The talk is credited by the State Bar of Texas for 1.00 CLE credit. I give the number at the end of the presentation so after you watch it,
Discovery objections after In re Sting Soccer
In 2017, the Dallas Court of Appeals quietly and with zero fanfare released the In re Sting Soccer opinion. It is an unpublished memorandum opinion, but it chocks a huge, unexpected punch to discovery-as-we-knew-it. Basically, it makes a lot of our standard objections illegal, with the effect of broadening the scope of discovery immeasurably. Note
New Discovery Rules as of January 1, 2021 (Updated)
(This post has been updated to reflect the current and final information about the new 2021 discovery rules.)
The Texas Supreme Court has released new discovery rules that will be effective January 1, 2021. While these rules are still under review and subject to change, they are so significant that they warrant review now even
O’Neil interviewed on appellate law podcast
Appellate Lawyers Todd Smith of Austin and Jody Sanders of Fort Worth interviewed O’Neil Wysocki Senior Shareholder Michelle O’Neil about her family law appellate practice for their Texas Appellate Law Podcast. Check out the full interview here:
Appellate Review in Family Law Cases with Michelle O’Neil
Bostock opinion leaps forward with rights for sexual orientation, gender identity, and gender expression
The United States Supreme Court has moved a giant leap forward in LGBTQ+ rights with the latest opinion in Bostock v. Clayton County, Georgia. To say this is a HUGE deal is an understatement. In 2015, when the Court solidified same-sex marriage, that right only applied to a smaller subset of people who wanted to
Behind on child support payments? Your stimulus check could be affected.
Most of the country is under a lockdown due to the Coronavirus pandemic. A lot of people are out of work, barely making ends meet, and are struggling to collect unemployment. There was a great relief when the President announced that every tax-paying citizen would receive a stimulus check in this time of crisis. However,
April 15th Summer Designations
Yes, I know we are all still worried about homeschooling, homecooking, and home cleaning while we are social-distancing and staying at home to avoid the Covid corona virus. However, April 15th is an important day for primary parents if you are operating under the Texas Standard Possession Schedule. In Texas April 15th is a deadline