Family LawAfter 46 years of law practice and ​14 years with the firm of Holmes, Diggs & Eames, Bob Eames has left the firm, closed his office and simplified his life by officing at

Family LawAfter filing a modification case with the Court, but before the Court makes its final decision whether to modify the previous custody order, the Court must decide what will happen during this interim

Family LawSomething I often hear from a parent is, “I want full custody of my child.” In response, I ask, “What does ‘full custody’ mean to you?” The Texas Family Code addresses custody of

Family LawShantel Berry-Conway brings a restricted appeal from the default judgment in a suit for divorce and child custody.  In her issue on appeal, appellant contends the default judgment must be reversed because the

Family LawThe availability of relief by restricted appeal is primarily governed by Texas Rule of Appellate Procedure 30, which states: “A party who did not participate—either in person or through counsel—in the hearing that

Family LawThe requirements of Texas Family Code §6.301 are required to maintain a divorce suit in the State of Texas.  Texas Family Code §6.301 states: “A suit for divorce may not be maintained in

Family LawOn December 11, 2013, the United States Supreme Court held oral arguments in Lozano v. Alvarez. The facts of the case are as follows: “Diana Alvarez and Manuel Lozano, two native Columbians, met

Family LawThis article explores presumptions in modifications.  A presumption is a legal standard imposed by statute that normally applies to a case unless it is rebutted.  In original family law cases, these presumptions are

Family LawInformal Marriage – Generally Chapter 2, Subchapter E, of the Texas Family Code addresses the existence of a marriage relationship.  Specifically, Tex. Fam. Code §2.401 states, in relevant part, as follows: (a)               In

Family LawNot one I would have guessed, but thanks to John Kappel’s attention to detail and thorough research, it turns out Texas law does not allow for a party to get attorney’s fees in

Family LawWe often get told that someone is being harassed by telephone, but what does that really mean? There is a great case, Perone v. Texas, which talks all about it in a criminal case

Family LawAbout this time of year, separated parents sometimes ask us who can claim the children on their taxes.  Many parents simply agree that the parent that would get the most benefit can claim

Family LawWhen parents can’t agree on who the kids will live with the Court will normally order a social study be conducted. This allows for a non-party, a trained professional, to look at the

Family LawThe only thing constant … is change.  Prior this change in the Texas Family Code, which takes effect September 1, 2013, you could not hold a person in contempt for failing to pay

Family LawWhen I started this blog, the first posts I wrote were on what provisions in a decree were enforceable by a court v. contractual in nature, and how each could be addressed if

Family LawThe Texas Supreme Court recently approved a set of pro se divorce forms, with some pretty extensive disclaimers.  Specifically among those disclaimers is that these are only to be used for limited property,

Family LawEver wonder how much you would pay in child support in Texas?  The Texas Office of the Attorney General has on online child support calculator that gets pretty close to figuring out what

Family LawPost two of three deals with flat fee contracts.  These are the simplest contracts.  You pay the lawyer a set amount for a legal matter and that is it – no variance for

Family LawFirst, make sure the clause you are looking to change is contractual alimony and not spousal support. You can get an idea by looking at my post here. If it is contractual, read on! Changing

Family LawToo often, the first time someone learns about a discovery tool is when they have to respond.  I thought I would list some of the more common tools and a brief explanation.  This

Family LawI’ve had a couple of people request annulments… Texas is very strict on when an annulment can take place and the requirements typically hit on the fact one of the persons of the