I've recently helped several grandparents who were raising their grandchild get legal custody (formally known as "managing conservatorship").   The most common basis for bringing a suit for managing conservatorship is when the parents have voluntarily relinquished actual care, custody and control of the child to the grandparents for at least six months' time. ...

Many times in divorce one of the spouses will keep the house.  In all cases, the divorce decree should contain a legal description of the house and clearly divest one spouse of his or her community interest by giving that ownership interest to the spouse who will keep the home.  But, once...

A Petition for Writ of Habeas Corpus provides the means to compel return of a child when the other parent is in wrongful possession.   The petition can be filed in the court of continuing exclusive jurisdiction (e.g. the court that rendered the last final order affecting the child) or in a court in the...

This is the second in a three-part series that describes legal issues in assisted reproduction.  In this blog, we'll explore the issue of "divorce."

First, if the parties have a contractual agreement that states in the event of later divorce what will happen to the eggs, sperm or embryos stored for purposes of assisted reproduction,...

This blog post is the first in a three-part series that describes legal issues in assisted reproduction.  In this blog, we'll explore the issue of "consent."

The law states that if a husband either provides sperm or consents to assisted reproduction by his wife, then he consents to being the father of that child.  That...

Today, it can be argued that there's little difference between a divorce and an annulment given our current "no fault" divorce laws. Afterward you are no longer married in either case. Still, some people favor an annulment over a divorce for religious or other moral reasons.

Technically, however, an annulment is based on...

Probably not.  A common law marriage can't occur "accidentally," merely because a couple has lived together for some period of time.  More is required.  Let’s take a closer look.

Not every State recognizes common law marriage.  Texas is one of the few that does.  Texas recognizes a common law or “informal” marriage if...

Congratulations!  You are the proud parents (or grandparents) of the bride.  We’ll call her Susan.  Susan married Joe.  As a wedding gift, you wrote a $20,000 check to “Susan and Joe” to help the happy couple purchase their first home.  You thought about writing the check only to Susan but opted...