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 ...

There are many changes to the Texas Family Code and other laws impacting parents, grandparents, children and families beginning Sept. 1, 2021.

In this Family Law column, Toby Kleinman and Daniel Pollack discusses the issue of domestic violence during the pendency of a legal matter.

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…

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 ...

Habitual residence must be gleaned from a review of the totality of the circumstances, including affirmative defenses

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 ...

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.

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 ...

By keeping safety as paramount and separate, courts will not weigh parental rights against child safety. Safety will be the sole consideration. A child should be entitled to no less safeguards than an adult at a domestic ...