Beth M. Johnson
Petitions for Writ of Mandamus
In a petition for writ of mandamus, the party seeking relief is referred to as the “Relator.” Tex. R. App. P. 52.2. The trial judge is...
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Beth's Blog Archive
The emailed version of Beth's Blog provides summaries of recent Texas case law, focusing on a chosen family law issue plus a short article on that particular focus. Below, you can "Narrow by topic" (child support, trial tips, divorce, etc.) to browse the archive. The archive here includes the focus articles from Beth's Blog emails. For the case updates, sign up for emails in the box below. Feel free to reach out if there is a specific topic you'd like covered in a future post.
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Beth M. Johnson
- Dec 6, 2022
- 4 min
Child Support: Guidelines, Net Resources, and Proven Needs
The purpose of a child-support suit is to obtain an order requiring one or both parents to pay for a child’s financial, medical, and...
Beth M. Johnson
- Aug 23, 2022
- 5 min
Motions for New Trial
New trials may be granted and a judgment may be set aside for good cause. Tex. R. Civ. P. 320. Ineffective Service A defendant can...
Beth M. Johnson
- May 10, 2022
- 5 min
Suits to Adjudicate Paternity
A “parent-child relationship” in Texas means the legal relationship between a child and the child’s parent as provided under chapter 160...
Beth M. Johnson
- Apr 19, 2022
- 5 min
Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA)
Whether a trial court has jurisdiction under the UCCJEA is a matter of subject-matter jurisdiction. In re Salminen, 492 S.W.3d 31, 38...
Beth M. Johnson
- Jan 4, 2022
- 5 min
Appellate Attorney’s Fee Awards
Appellate courts generally do not award fees. For an appellee to be awarded fees, the appellee generally must file a cross-appeal because...
Beth M. Johnson
- Nov 16, 2021
- 5 min
Enforcing Mediated Settlement Agreements
In family law, the Texas Legislature has made mediated settlement agreements (“MSAs”) binding on the parties if the MSA provides, in a...
Beth M. Johnson
- Oct 26, 2021
- 6 min
When Are Findings Useful in Family Law?
At the end of the trial, appeal may or may not be foremost on your mind, but questioning whether to request findings of fact and...
Beth M. Johnson
- Aug 29, 2021
- 1 min
Geographic Restrictions on a Child's Residence
September 2021 Dallas Bar Association's Headnotes
Beth M. Johnson
- Jul 20, 2021
- 3 min
Scope of Judicial Notice Can be Waived Absent an Objection
Judicial notice can be a time-saving method to get evidence that has been previously presented into the current record. See Tex. R. Evid....
Beth M. Johnson
- Jul 9, 2021
- 3 min
Contempt and Specificity of Orders
An order for contempt must be supported by a reasonably specific underlying order. To hold a party in contempt for violating a court...
Beth M. Johnson
- May 4, 2021
- 3 min
Family Violence: Conservatorship and Protective Orders
In a suit for conservatorship, a trial court must consider the best interest of the child and should consider applicable Texas public...
Beth M. Johnson
- Mar 9, 2021
- 2 min
Default Orders Must Be Supported by Evidence
In a suit for divorce, the petition may not be taken as confessed if the respondent does not file an answer. Tex. Fam. Code § 6.701. So,...
Beth M. Johnson
- Jan 26, 2021
- 2 min
Discovery Issues and Mandamus Review
The new discovery rules are on everyone’s minds as we begin 2021. For the most part, discovery rulings are “incidental” rulings not...
Beth M. Johnson
- Dec 8, 2020
- 3 min
Focusing on the Details to Establish a Material and Substantial Change
When seeking a modification of an order affecting the parent-child relationship, the base threshold requirement is to establish a...
Beth M. Johnson
- Oct 20, 2020
- 3 min
Restricted Appeals Can Be an Effective Tool to Undo Default Judgments
We generally think of the 30-day window after a final order as the only time in which a party can appeal. However, if there was clear...
Beth M. Johnson
- Jul 30, 2020
- 5 min
Texas Supreme Court Finds in Favor of Biological Father
In re H.S. appeared to open the door to persons who provided substantial care to a child; however, read with In re C.J.C., do third parties
Beth M. Johnson
- Dec 16, 2019
- 1 min
Beth talks about family law appeals on the State Bar of Texas Podcast
(Beth is introduced at about 34:00)
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