Family Law Flashcards
in determining the validity of a CL marriage, what constitutes an agreement to be married
the parties live together and cosigned the mortgage on their home as H and W
elements for CL marriage
must be shown by a preponderance of the evidence that the parties
i) agreed to be married
ii) lived together in TX as spouses (cohabitation) and
iii) in TX, represented to others that they were married (holding out)
a petition for divorce may not be filed unless both requirements are met…
i) one party must have been a domiciliary of TX for teh preceding 6 month period AND
ii) one party must have resided in the county in which suit is filed for the preceding 90 day period
TRO may be issued ex parte to prevent harassment actions such as…
vulgar phone calls, threats of bodily harm, falsifying records, removing or tampering with property
maximum duration of a protective order
2 years (with a few exceptions)
a TPO ordering the eviction of a spouse from a family home may be issued only if the applicant appears personally and files a sworn affidavit including…
i) a detailed description of the facts supporting the TPO
ii) the victim either resides on the premises or has resided there within 30 days prior to filing the application
iii) the person to be evicted has within the 30 days prior committed family violence AND
iv) there is clear and present danger that the person to be evicted is likely to commit family violence again
a grandparent seeking appointment as MC must demonstrate (one of the following)
i) the kid’s present circumstances would significantly impair his/her physical health or emotional development
ii) both parents, the surviving parent or the MC consents OR
iii) both parents are deceased
standard possession order
default order that must be incorporated into a divorce decree unless the parties mutually agree to different provisions, or the court determines that the standard order is not in BIC
standard possession order gives possession to the noncustodial parent
i) from 6pm Friday to 6pm Sunday the first, third, and fifth weekends each month
ii) from 6pm to 8pm every Thursday during the school year
iii) 30 days in the summer
- visitation schedules are NOT conditioned on payment of child support
an order granting access to a child by a grandparent rendered over a parent’s objection must state…
i) at least one parent’s parental rights had not been terminated
ii) denial of access would significantly impair the child’s physical health or emotional well-being AND
iii) the grandparent is the parent of the child’s parent who has been incarcerated during the 3 month period prior to filing, or has been found to be incompetent, or does not have court-ordered possession/access to the child, or is dead
The statutory child support guidelines apply to the first ___________ per month of the obligor’s net resources
$8,550
child support payment when obligor dies
support obligation does not terminate on the parent’s death… the remaining unpaid balance of the child support obligation is accelerated and the amount due is discounted to present value and becomes a claim against the obligor’s estate
a child support lien attaches which items of the obligor’s property
bank accounts, future property, annuities, and PI lawsuits
the parent-child relationship may be involuntarily terminated if a parent used a controlled substance in a manner that endangered the health and safety of the child and…
failed to complete a court-ordered substance abuse program OR
- if the parent was the cause of the child being born with an addiction to alcohol or a controlled substance
it is a ground for involuntary termination if a parent has failed to support the child for a one-year period…
ending within six months of the date the petition is filed
- a parent’s indigent financial circumstances may be a defense
