Category Family Law

Can My Spouse and I Agree to No Child Support?

Many courts are now refusing to sign agreed orders that don’t provide for some amount of child support, even if the parents have agreed to a shared custody arrangement where the children spend equal amounts of time with each parent. Judges are required to consider the “best interest” of the children and many judges feel […]

The Attorney General is Suing My Child’s Father. Do I Need A Lawyer?

In paternity or child support cases, the Attorney General does not represent you or the child. By the Texas Constitution, the Attorney General can only represent the State of Texas. If you want your rights protected, you’ll need your own lawyer to advise and help you.

Indian Child Welfare Act and the Supreme Court

An important case involving the Cherokee Nation and the Indian Child Welfare Act is being appealed to the United States Supreme Court from South Carolina.  Indians tend to fare pretty badly in the Supreme Court, particularly in the last 30-40 years.  Hopefully, this time the Justices will instead do the right thing and preserve and […]

The Importance of the Indian Child Welfare Act

Editorial in support of the Indian Child Welfare Act, a Federal law that guarantees protections for Indian children in child custody or adoption cases.

What Is “Community Property”?

Community property refers to all assets and debts accumulated during a marriage.  So, essentially, anything you buy from the day you get married until the day a divorce is granted is community property and therefore both spouses own undivided 1/2 interest.  The courts will assume that anything you acquire during the marriage is community property […]

Advice for Divorcing Parents

Submitted by a client.  May be apocryphal, but still good advice.  

My Ex Isn’t Paying Child Support. Do I Have to Let Him/Her Visit the Children?

Yes.  Under the Texas Family Code, child support and visitation are considered separate issues.  Just as one parent is ordered to pay child support, the other parent is ordered to allow visitation.  And just as your ex could be held in contempt and jailed for failure to pay child support, you could be held in […]