Now showing items 1-10 of 12
Revisions to the Texas Family Code that every attorney should know
There are many changes to the Texas Family Code and other laws impacting parents, grandparents, children and families beginning Sept. 1, 2021.
Child Custody: What If There Are Allegations of Domestic Violence?
(ALM (formerly American Lawyer Media), 2020-09-04)
In this Family Law column, Toby Kleinman and Daniel Pollack discusses the issue of domestic violence during the pendency of a legal matter.
Legal Issues Regarding Children in Rural Foster Care.
(Austin, Tex. : Butterworth Legal Publishers, 1985-, 2020-09-14)
Almost 10 years ago, nine children who had been in the Texas foster care system filed a class action lawsuit alleging that the system failed to protect…
A victim of emotional abuse says, ‘I’m staying in the marriage for the kids’ sake.’ How do you respond?
Emotional abuse breeds self-doubt. While attorneys are not therapists, we can still be supportive of what our clients are going through. That means, along with discussing legal strategies regarding whether a client ultimately ...
Unfit to parent: American and Jewish legal perspectives.
(Touro College Fuchsberg Law Center, 2020-06)
When do parents become unfit to parent their children? Broadly speaking, parental unfitness may be determined by considering such factors as a parent’s conduct and capacity to provide for their child’s needs. Parents who ...
What constitutes a "habitual residence?"
Habitual residence must be gleaned from a review of the totality of the circumstances, including affirmative defenses
Smoothing out legal co-parenting pitfalls during holidays
Your client, a divorced parent, is planning their first holiday season under new co-parenting arrangements. As an attorney, the single best piece of advice you can give your client is this: If the client anticipates a legal ...
Terminating parental rights: How much does a child's voice matter?
A recent Texas Court of Appeals case illustrates the series of considerations and “balancing acts” that ultimately lead a court to sever parental rights. One of those considerations is the child’s expressed desire.
State courts are refining the concept of ‘psychological parent’
One out of three marriages in the United States are likely to include blended families, as in In Re C.J.C. Are legislatures being short-sighted or are they being puritanical? The best interests of children remain of primary ...
Child custody and the status quo ante
The disruption and trauma to children caught in the throes of a separation that involve domestic violence is truly troubling. It often involves the appointment of evaluators who make recommendations to the court that will ...