Children and Parenting

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.

Continue Reading Win: Clarification of standard for temporary orders in modification suit

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:

Continue Reading 6 steps to adulting and not hating your ex

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.


Continue Reading International child abduction remedies

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.


Continue Reading Changes from 2018 and looking ahead to 2019 for Texas family law

Reports surfaced today that pro-NBA player Blake Griffin has reached a settlement deal with his ex-girlfriend Brynn Cameron to pay child support of $258,000 PER MONTH for their two children. (See reports here from TotalProSports and here from TMZ.) The lawsuit, pending in California, alleges that Griffin ousted Cameron and the kids from his

Subsection (a) of Texas Family Code section 156.102, entitled “Modification of Exclusive Right to Determine Primary Residence of Child Within One Year of Order,” provides:

“If a suit seeking to modify the designation of the person having the exclusive right to designate the primary residence of a child is filed not later than one year

The Texas Family code provides special provisions regarding parenting time and access to children when the military parent is deployed.

Military deployment is not the same as a change of duty station (“PCS”). Deployment begins with the physical movement of individuals and units from their home installation to the designated theater of operations. One of

Joe and Sue are down on their luck. Joe just lost his job and Sue has health issues. Along with their four-year-old child, Betsy, they move in with Joe’s parents, who are retired. For months, Joe interviews all over town while working odd-jobs to try to supplement his family income and pay for Sue’s medical