Dallas divorce attorney Michelle May O’Neil and her client prevailed yesterday, February 4, 2010, when the Fifth Court of Appeals issued its opinion in Kee v. Kee, Cause No. 05-08-00013-CV. The appeal in Kee arose from an ex-wife’s appeal of the trial court’s refusal to garnish ex-husband’s wages to satisfy his contractual alimony obligation. The trial court in this case rightfully found the garnishment that ex-wife requested would violate ex-husband’s constitutional rights. The Dallas Court of Appeals agreed
Continue Reading Dallas Divorce Attorney Prevails On Appeal: No Garnishment for Contractual Alimony

A Dallas Divorce client raised an important question this week. She owns a small professional practice that is an S-corporation. Her business has some cash flow that allows her to pay the business expenses and payroll, but not much extra. Her husband requested the Dallas Divorce Judge to make the wife turn over the cash she presently had in her business to help pay the husband’s marital debts.
Continue Reading Can the Divorce Judge Make Me Turn Over My Business’ Cash to My Spouse?

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.
Continue Reading Affirmed: Geographical Restriction on Sole Managing Conservator’s Right to Designate Primary Residence

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

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.
Continue Reading Dallas Court of Appeals grants mandamus: trial court imposed greater burden for relocation than law allows

A question was asked of me today — what’s the difference between a Parent Coordinator and a Parent Facilitator? The Texas Legislature changed the law in September 2009 to clarify the duties of a Parent Coordinator and added a new category called Parent Facilitator.

A parent coordinator (PC) is a person who
Continue Reading Parent Coordinator v. Parent Facilitator — What’s the diff?

Approximately two weeks ago a bill sponsored by State Representative Warren Chisum (R) requiring couples to attend counseling prior to filing for divorce died in the 81st legislative session. Under House Bill 480, the party seeking a divorce would have been required to attend ten hours of counseling in conflict management, communication skills and forgiveness skills
Continue Reading Counseling Not Required for Texas Divorces.