It is most often discouraged to have children serve as witnesses in a family law suit between the child’s parents. However, the Amarillo court of appeals recent decided a case that discusses the standards for securing pretrial testimony of a child for admission during a family law trial.
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Family Law Appellate Issues
Deviation from standard possession requires special findings with special deadline
By Michelle O'Neil on
Posted in Family Law Appellate Issues
Whenever a trial court, after a nonjury trial, enters a possession schedule which deviates from the standard schedule, a party may request the trial court to enter special findings about the reasons for deviation from the standard order.…
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Has my marriage been a farce all of these years?
By Michelle O'Neil on
Posted in Family Law Appellate Issues
There is a strong presumption in Texas law in favor of marriage. When a question arises as to the validity of a current marriage because of a prior marriage, the presumption says that the current marriage is the one that’s presumed valid. You would think there wouldn’t be very many cases on this issue, but I’ve actually seen a couple recently. Here’s one of those:…
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Supreme Court of Texas Clarifies Proof Required for Attorney’s Fees
By Michelle O'Neil on
Posted in Family Law Appellate Issues
In an opinion delivered on October 25, 2013, City of Laredo v. Montano,the Supreme Court of Texas clarified an issue that is of importance across this State to clients and attorneys — the proof required to support an award of attorney’s fees.…
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Texas Legislature Clarifies Ability of Trial Court to Award Attorneys’ Fees in a Divorce in Response to Tedder v. Gardner Aldrich, LLP
By Michelle O'Neil on
Posted in Family Law Appellate Issues
The Texas legislature has responded to the Texas Supreme Court’s recent and controversial opinion in Tedder v. Gardner Aldrich LLP, by enacting House Bill 1366 to clarify a trial court’s power to award attorney’s fees in a suit for divorce.…
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Tedder v. Gardner Aldrich, LLP: Texas Supreme Court Holds Attorney Fees In Divorce Are Not Necessaries Under Spousal Support Statute
By Michelle O'Neil on
Posted in Family Law Appellate Issues
This ground breaking case out of the Texas Supreme Court could forever change the way attorney fees are requested, awarded, and recovered by law firms in Texas divorce proceedings by holding that legal fees incurred by a spouse in a divorce proceeding are not “necessaries” (food, clothing, essential medical care, habitation, etc.).…
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When You Can’t Appeal, Mandamus
By Michelle O'Neil on
Posted in Family Law Appellate Issues
What can you do if you lack an adequate remedy by appeal and the trial judge clearly misapplies the law in your case, violates your constitutional rights, or clearly abuses their discretion?…
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US Supreme Court Holds Return of a Child to a Foreign County Pursuant to an Order Issued Under the Hague Convention Does Not Render an Appeal Moot
By Michelle O'Neil on
Posted in Family Law Appellate Issues
Last week the US Supreme Court issued an initial opinion in Chafin v. Chafin…
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O’Neil & Attorneys Prevail on Appeal: Award of Attorney’s Fees Must Have Proper Legal Basis
By Michelle O'Neil on
Posted in Family Law Appellate Issues
Last week the Dallas Court of Appeals issued its opinion in Shilling v. Gough, holding that the trial court erred by awarding attorney’s fees without a proper legal basis. Michelle May O’Neil and I represented Shilling in his successful appeal.…
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Dallas Court of Appeals Holds Attorney’s Fees Must Be Segregated
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Posted in Family Law Appellate Issues
To recover attorney’s fees under Texas law, a party must segregate fees……
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