Children and Parenting

We are all social-distancing from each other and trying to stay home. We are home schooling, cooking at home, and watching Tiger King. Mostly we are just trying to co-exist in our own homes today. We aren’t thinking of what to do about summer, are we?

Well April 1st signals the day when parents under

As counties began issuing “Shelter-in-Place” or “Stay-at-Home” orders on March 23rd and 24th, the Texas Supreme Court issued its Seventh Emergency Order.

 

For purposes of determining a person’s right to possession of and access to a child under a court-ordered possession schedule, the existing trial court order shall control in all instances. Possession of

Dallas County Judge Clay Jenkins
Dallas County Judge Clay Jenkins press conference
Updated: March 23, 2020 at 10:56 am

March 22, 2020 is a day many Texans and residents of Dallas County will not forget. Shortly after a press conference by Governor Greg Abbott, Dallas County County Judge Clay Jenkins issued his Amended Order of County

We’ve seen many changes in our courts over the past week including limiting in-person hearings to essential matters only. Over the past two days, many courts have issued Emergency Standing Orders regarding possession for both the “extended Spring Break” period  and recent school closures.

Supreme Court of Texas

The Supreme Court of Texas just issued

One thing we know about COVID-19 (Coronavirus) is that new information develops on a daily basis. The court system had to respond to the situation to resolve many issues that have arisen.

Will there still be family court hearings and trials in Dallas area courts in the state of disaster?

The Texas Supreme Court

As we all know, the State of Texas and public officials are scrambling to stop the spread of Coronavirus or COVID-19. Primary and secondary schools across the state have begun using various solutions to prevent the children from coming to school for the impending weeks. For instance, some schools are “extending spring-break” whereas others are

The 2nd Court of Appeals in Fort Worth issued a very important opinion today in a big win for O’Neil Wysocki’s appellate team on Michelle O’Neil and Karri Bertrand. The underlying order awarded Father the exclusive right to determine the children’s primary residence without regard to geographic restriction and gave each parent the independent right to make educational decisions. Mother filed to modify the orders and sought temporary orders in the modification suit. The trial court left the primary designation with Father but ordered the children to be enrolled in the Mother’s school district. In the intial hearing, the trial court made no finding of significant impairment, but later entered such finding.

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I enjoyed this article in the Washington Post by Lisa Bonos. Is it possible to get divorced and not hate your ex? A divorce necessarily comes after a lot of emotion and turmoil in the relationship. Sorting through that emotion and processing to the other side of the hatred river takes emotional maturity and “adulting” (as the new millennial lingo goes).  The bottom line is that you have to love your kids more than you hate your ex. The article suggests six principles to keep in mind:

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What remedies are available to left-behind parents when a child is removed from the child’s primary country to another country?

There has been a recent uptick in the number of cases where a parent unilaterally removes a child from the child’s place of residence to another country in an attempt to be the child’s sole parent. The Hague Convention on the Civil Aspects of Child Abduction (read the text of the treaty here) is a multilateral treaty ratified by 98 countries as of May 2018 providing an expeditious protocol for the return of a child unilaterally removed from the home country. The treaty requires the country to return a child when wrongfully removed in breach of the custody rights of the left-behind parent. The law of the state/country where the child resided determines the “custody rights”, which provides some fluidity in the laws.


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2018-2019 change represents the new year

The Texas Legislature convenes every two years, with 2019 being one of those. Each session, proposed new laws get introduced that will affect family law in Texas. It is expected that a bill will be introduced to remove no fault divorce and require proof of fault grounds for all Texas divorce and extend the waiting period to finalize a divorce (currently 60 days). Neither of these proposals are expected to gain much traction. Reform of the child protective services system will, however, be a hot topic for the legislative session given all of the litigation there has been criticizing how CPS handles matters ineffectively.


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