Blog Posts in September, 2010
Posted on Sep 21, 2010 By Houston Divorce Attorney
"Joint Managing Conservatorship" or "JMC" for short, means the sharing of the rights and duties of a parent by two parties, ordinarily the parents, even if the exclusive right to make certain ...
Continue reading "Conservatorship " »
Posted on Sep 18, 2010 By Houston Divorce Attorney
The Standard Possession Order ("SPO") enumerated in Subchapter F (Sections 153.3101 through 153.317) of the Family Code is a comprehensive, detailed order that expressly states when a parent has a ...
Continue reading "Possession & Access" »
Posted on Sep 17, 2010 By Houston Divorce Attorney
In Texas, a man and woman who live together without the benefit of marriage and who do not intend to be married, are said to have a meretricious relationship. This term does not appear in the Texas ...
Continue reading "So what happens to the property when a couple does not intend to claim a marriage and just has a “live-in” arrangement?" »
Posted on Sep 16, 2010 By Houston Divorce Lawyer
Once an informal (common law) marriage is established, it has the same legal and binding effect as any valid formal or ceremonial marriage. Usually, the issue of common law marriage is raised by a ...
Continue reading "So what is the effect of a valid informal (common law) marriage?" »
Posted on Sep 15, 2010 By Houston Divorce Attorney
Remember from my earlier blog that whether or not an informal (common law) marriage exists is a question of fact for the Judge or jury to decide. The more and better evidence you have to show that you ...
Continue reading "What kind of evidence do I need to prove I have an informal (common law) marriage in a court proceeding?" »
Posted on Sep 14, 2010 By Houston Divorce Lawyer
The informal (common law) marriage of a man and woman in Texas may be proved in one of two ways. First, the couple can sign a form entitled "Declaration and Registration of Informal Marriage, ...
Continue reading "How to prove you have an informal (common law) marriage" »
Posted on Sep 13, 2010 By Houston Divorce Attorney
Not necessarily. Whether you are common law married or not is ultimately a fact issue for a judge or jury to decide. It is not uncommon for a man and woman to live together for years and never obtain ...
Continue reading "We never got formally married, but we’ve been living together for years—so we’re common law married, right?" »
Posted on Sep 8, 2010 By Attorney Eric Fredrickson
The presumption in Texas is that the husband is the biological father of any child born during the marriage. If the husband is not the biological father of the child, then it is critically important ...
Continue reading "When the Husband is Not the Biological Father" »
Posted on Sep 3, 2010 By Houston Divorce Lawyer
The term “child custody” is not used in the Texas Family Code It may come as a surprise that on the issue of “who gets the kids?” the Texas Family Code does not define parental rights and possession ...
Continue reading "Custody and Fathers' Rights" »