Following up on yesterday’s post about Children and Divorce, I was reminded that Mister Rogers, the uber-respected man from my childhood, talked about divorce and children. He says, “I know a little girl and a little boy whose mother and father got a divorce and those children cried and cried,” he says.
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Rights and Duties to Children
Abbott v. Abbott: New Supreme Court Opinion on International Child Abduction
The U.S. Supreme Court recently had the opportunity to address the issue of international abduction in Abbott v. Abbott. In the opinion authored by Justice Anthony Kennedy, the Supreme Court examined the applicability of the Hague Convention on Civil Aspects of International Child Abduction in the context of a custodial parent’s violation of a ne exeat order. As a practical matter, this case underscores the importance in a divorce or modification case of the provisions regarding the child’s passport and the requirements for which parent gets to keep the child’s passport.
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Sandra Bullock and Step-Moms
There has been a lot written about how much Sandra Bullock relishes her roles as step-mother. But, what happens if she wants to continue a relationship with Jesse’s children after the divorce?
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Presumed Fathers: Time is of the Essence (When Paternity is at Issue in Divorce)
While it can be a sensitive subject, if a husband has doubts about his paternity of a child born to his wife during their marriage, it is critical that this issue be considered in the divorce proceeding and addressed as soon as possible. When paternity is at issue, time is of the essence both in the interest of stability for the child, as well as protecting the presumed father’s rights.
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Affirmed: Geographical Restriction on Sole Managing Conservator’s Right to Designate Primary Residence
The Amarillo Court of Appeals recently issued an opinion, styled In re A.S., upholding the trial court’s imposition of a geographical restriction on the child’s primary residence in a case where the mother was appointed sole managing conservator.
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Dallas Court of Appeals grants mandamus: trial court imposed greater burden for relocation than law allows
Last Friday, November 12, 2009, its opinion styled In re Cooper, No. 05-09-00995-CV, the Dallas Court of Appeals conditionally granted wife’s petition for mandamus relief, holding the trial judge abused her discretion by imposing a residency residency restriction pending final trial in a divorce case that required wife, temporary primary conservator of the parties two children, to relocate from North Carolina, where she had secured employment and owned a house, to Dallas and contiguous counties, where she had neither.
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If you’re gonna divorce in Dallas, you better plan to stay here!
A Dallas jury last week upheld a restriction on the children’s residence to the Dallas area in the face of the Mother’s request to move out of the country.
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Standing for Step-father to Sue for Custody
San Antonio Court of Appeals holds that a trial court erred in dismissing suit for lack of standing when there was conflicting testimony.
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Geographic Restriction of Child’s Residence New Law
Effective September 1, 2009, an agreed parenting plan may either designate the conservator who has the exclusive right to designate the primary residence of the child or provide that the child’s primary residence is required to be within a specified geographic area.
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