Among the 2025 legislative changes, the biggest deal, in my opinion, are the changes to the requirements for nonparent standing. Section...

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 generally the “Respondent.” Tex. R. App. P. 52.2. When seeking mandamus relief, remember that the relator is asking the appellate court to correct an error made by the trial court, not to punish the opposing party, who is referred to as “Real Party in Interest.” Tex. R. App. P. 52.2. Mandamus is an extraordinary remedy that is only available i

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 dental support. See Tex. Fam. Code §§ 154.001(a); 154.003, 154.008. To determine the amount of income available for child support, the court must calculate the respondent's net resources. Net resources are calculated by (1) determining the annual sum of all resources defined as “net resources,” (2) subtracting from that amount certain items, suc

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 directly attack a default judgment by a motion for new trial, a restricted appeal, or a bill of review. See PNS Stores v. Rivera, 379 S.W.3d 267, 271 (Tex. 2012). When a no-answer default judgment is challenged by a direct attack, the record must show strict compliance with the manner and mode of service; otherwise, the service is invalid and the

A “parent-child relationship” in Texas means the legal relationship between a child and the child’s parent as provided under chapter 160 of the family code. See Tex. Fam. Code § 101.025. Once established, this legal relationship confers numerous rights and duties upon a child’s parents. See Tex. Fam. Code § 151.001. Under the Texas Family Code, a father-child relationship can be established between a man and a child in the following ways: (1) an unrebutted presumption of

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 (Tex. App.—Houston [1st Dist.] 2016, orig. proceeding) (“Subject matter jurisdiction in child custody matters is determined by reference to the UCCJEA, set out in Family Code Chapter 152.”); Waltenburg v. Waltenburg, 270 S.W.3d 308, 313 (Tex. App.—Dallas 2008, no pet.) (stating that UCCJEA is “exclusive jurisdictional basis for making a child c

Appellate courts generally do not award fees. For an appellee to be awarded fees, the appellee generally must file a cross-appeal because the appellee would be asking for greater relief than what was received in the trial court. Souffer v. Levine & Father Operating Corp., No. 05-19-00001-CV, 2020 WL 3410636, at *4 (Tex. App.—Dallas, 2020, no pet.) (mem. op.); Tex. R. App. P. 25.1(c). If an appellant appeals and wins, the appellate court often will remand the case to the trial

In family law, the Texas Legislature has made mediated settlement agreements (“MSAs”) binding on the parties if the MSA provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation and is signed by each of the parties and their respective attorneys, if any. Tex. Fam. Code §§ 6.602(b), 153.0071(d). (Note that the statute only requires bold, capital, OR underlined text; although, it is

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 conclusions of law (“findings”) should be on your closing checklist in every case due to the short deadlines for making a request. After a bench trial, a party may ask the court to state in writing its findings. Tex. R. Civ. P. 296. In ordinary cases, a party only has 20 days after the judgment is signed to request findings. Tex. R. Civ. P. 296; Tex

September 2021 Dallas Bar Association's Headnotes

Judicial notice can be a time-saving method to get evidence that has been previously presented into the current record. See Tex. R. Evid. 201–204. A court can take judicial notice of its own records (e.g., pleadings, affidavits, orders, judgments) in a case involving the same, or practically the same parties. See e.g., In re S.M.R., 434 S.W.3d 576, 582 (Tex. 2014 (in case terminating parental rights, court took notice of prior order granting temporary managing conservatorship

An order for contempt must be supported by a reasonably specific underlying order. To hold a party in contempt for violating a court...

In a suit for conservatorship, a trial court must consider the best interest of the child and should consider applicable Texas public policy. See Tex. Fam. Code §§ 153.001, 153.002. The appointment of both parents as joint managing conservators is presumed to be in a child’s best interest. Tex. Fam. Code § 153.131(b). The court should make a conservatorship order that ensures the child has frequent and continuing contact with parents who have shown the ability to act in the b

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, in reality, there is no such thing as a “default” divorce. The petitioner must present evidence to support all the material allegations in the petition. Vazquez v. Vazquez, 292 S.W.3d 80, 83–84. (Tex. App.—Houston [14th Dist.] 2007, no pet.). Testifying about some, but not all, of the parties’ property is insufficient to support a default ju

The new discovery rules are on everyone’s minds as we begin 2021. For the most part, discovery rulings are “incidental” rulings not subject to mandamus relief, but if the ruling completely hamstrings your ability to present your case or seeks discovery not permitted by the Rules, a petition for writ of mandamus may be necessary to protect your client’s rights. The new rules impose a duty of disclosure without the need for a request; however, the duty can be exempted by agreem

When seeking a modification of an order affecting the parent-child relationship, the base threshold requirement is to establish a material and substantial change in circumstances. Tex. Fam. Code §§ 156.101, 156.401. The rationale for the policy against repeated re-litigation of custody issues is that custody modifications disrupt the stability of the home and the surroundings of the child subject to the custody order. See Knowles v. Grimes, 437 S.W.2d 816, 817 (Tex. 1969); Sm

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...

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

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