Almost every day in my practice area, lawyers are faced with the dilemmas: When should you agree to an order, especially after a contested hearing? What is the difference between “agreed as to form” versus “agreed as to form and substance”? Is there ever a time to not sign off on an order even as … Continue Reading
In family law cases, issues often arise regarding the admissibility of records that are maintained by a spouse or the household, like bank statements or children’s school records. Hearsay rules might seem to prevent admissibility of these documents unless they come directly from the bank or school. But that’s not the case. Rule 806(6) permits … Continue Reading
For all of the good that social media brings, it has the ability to sink a family law or divorce case with one post. When you are going to make a post, you should think, what does this post say to the Court? Who is the audience of people who will read my post? Custody … Continue Reading
The hashtag #altfacts has become popular recently after a Trump spokeswoman offered “alternative facts” to a news report. Many assert the alternative facts are, actually, falsehoods. Texas divorce lawyers face “alternative facts” frequently. Sometimes, people interpret a situation differently, making the alternative facts more about their perception, not factual falsities. On the other hand, facts … Continue Reading
The best interest of the child is the overarching factor in deciding Texas family law custody cases. The specifics of how a judge should approach examining the best interest of the child was first set out by the Texas Supreme Court in 1976 in the case of Holley v. Adams. The non-exclusive list of factors … Continue Reading
Here’s a link to our Live Video from Facebook today on social media in divorce. https://www.facebook.com/OneilWysocki/videos/662776893886914/ … Continue Reading
