Oftentimes, people going through a custody dispute want to have psychological evaluations to show the judge “who is lying” to the court about some issue or another. Conversely, some people going through psychological evaluations in a custody case become concerned that the other person will “lie” to the evaluator through charm or outright deception and sway the results of the evaluation.
Continue Reading Can a psychological evaluation in a custody case determine who is lying?

A Texas couple is challenging a 30-year-old federal law designed to promote the adoption of Native American children by Native American parents. Foster parents Karen and Cecil Couie say they want to adopt the boy, who is part Choctaw, but Child Protective Services hope to place him with a Native American family in Oklahoma.
Continue Reading Couple Seeks Custody of Indian Child Despite Federal Law

On August 28, 2009, the Dallas Court of Appeals issued an opinion relating to intentional underemployment and its impact on determining child support. Pursuant to Section 154.066 of the Texas Family Code, if an obligor is intentionally unemployed or underemployed in an attempt to reduce child support payments, the court’s wage and salary income calculations are not limited to actual earnings, but instead are based on the obligor’s earning potential.
Continue Reading Dallas divorce lawyer vindicates father’s rights

In a July 31, 2009 opinion by the Dallas Court of Appeals, it was confirmed that Federal law trumps Texas law when it comes to income tax issues. In In re S.L.M., the mother brought child custody proceedings against father. The district court appointed mother and father as joint managing conservators and awarded mother the right to claim the children as exemptions on her federal income tax return. On appeal, father contended the district court erred in awarding mother the right to claim the two chidlren as tax exemptions. In re S.L.M., ___ S.W.3d ___, No. 05-08-01277-CV, 2009 WL 2343264 (Tex. App. – Dallas July 31, 2009, no pet. h.).
Continue Reading Federal law trumps Texas court on tax issues.