Family Law Terms

Question 1

Termination of Parental Rights - Definition

Answer 1

Involuntary termination is generally based on conduct of the parent that is harmful to the child. Court must find (1) termination in child’s best interest & (2) Statutory Grounds for termination present by clear and convincing evidence

Question 2

Grounds for Termination

Answer 2

Abandonment, Abuse, Neglect, Endangerment, Failure to support for more than 1 year.

Question 3

Rebutting Parental Presumption of MC

Answer 3

Three ways: (1) Appointment would not be in best interest of child because significantly impair health and emotional development; (2) Voluntarily relinquishment for one year or more; & Best Interest; (3) 21 grounds for involuntary termination

Question 4

Petition for Visitation

Answer 4

Only parties besides parents allowed to petition are grandparents and siblings. Troxel struck down statute that allowed “any person” to petition for visitation at “any time.” Troxel recognized presumption that fit parent acts in best interest when denying access.

Question 5

Factors for Child Support

Answer 5

Needs of child; ability of parents to contribute to child support; financial resources available for support of the child; amount of possession and access to the child.

Question 6

Managing Conservator

Answer 6

Has “custody.” Right to make major decisions and right to determine primary residence.

Question 7

Possessory Conservator (PC)

Answer 7

Has “visitation” rights.

Question 8

Habeas Corpus

Answer 8

Sole issue in a habeas proceeding is whether there is a custody order.

Venue is proper: county in which child found or court of continuing exclusive jurisdiction

Question 9

Statutory Tort Violations

Answer 9

A person commits this tort when they: retain possession of a child or conceal the wearabouts of a child in violation of a court order

Question 10

Contempt

Answer 10

Contempt is available for violations of Texas custody orders. It is quasi-criminal and therefore all criminal due process rules apply.

Question 11

Continuing-Exclusive Jurisdiction

Answer 11

Once initial custody order is entered, the court has Continuing Exclusive Jurisdiction until one of the two occurs:

Everyone leaves; or
Neither the child or one parent have significant connection/substantial evidence

Question 12

Remedies for Violations of Custody or Visitation Order

Answer 12

Registration - if registered then any relief available for enforcement of Texas order (including contempt)

Expedited Enforcement - hearing next day

Warrant to take immediate possession

Question 13

Role of Juries in Divorce Cases

Answer 13

Juries cannot determine child support or possession and access

Parties have right to jury trial on conservatorship

Question 14

Four Types of Fathers

Answer 14

Presumed

Acknowledged

Adjudicated

Alleged

Question 15

Child Support - Mandatory Withholding

Answer 15

All final orders for periodic child support must provide for mandatory withholding

Question 16

Child Support - License Suspension

Answer 16

A court can suspend the obligor’s driver’s license if the obligor is 3 months in arrears and has been given an opportunity but has failed to make a payment under an agreed repayment schedule

Question 17

Child Support - Liens

Answer 17

A lien for child support careers can attach to an obligor’s non-exempt personal property and non-personal real property. No homestead attachment

Question 18

Child Support - Money Judgment

Answer 18

Periodic Child Support payment not timely made automatically become money judgments for the amount due

Question 19

Child Support - Freezing Assets

Answer 19

If a judgment for arrearages has been rendered, claimant can deliver a notice of levy to the financial institutions holding the obligor’s assets. Delivery of the notice freezes the assets.

Question 20

Child Support - Contempt

Answer 20

Jail for up to 6 months or fine of a maximum of $500, or both. Only for violations of court orders

Question 21

Child Support - Bankruptcy

Answer 21

Child support obligations are not dischargeable in bankruptcy.

Question 22

Child Support - Interstate Enforcement

Answer 22

UIFSA - Register in Texas to trigger contempt for future violations.

Money Judgment in Nebraska
Mail income withholding order to his boss
Mal support order to AG Enforcement Divisions.

Question 23

Name Change

Answer 23

File a petition for a name change showing the change is in the interest of petitioner and public.

Court cannot deny solely to ensure parents and kids have same last name.

Question 24

Common Law Marriage

Answer 24

(NAWW)

Neither party is a minor
Agreement to be married
Within Texas, the couple represented to others that the were married (“holding out”)
Within Texas, the couple lived together

But presumption regarding #2. If the couple has separated and ceased living together for 2 years without filing suit, then there is a rebuttable presumption that the couple had not agreed to be married.

Couples can make a declaration of information marriage and pick the effective date.

Question 25

Homer Threatens Marge. What steps could you take to protect her?

Answer 25

File a petition for protective order and seek a temporary ex parte order

The key requirement in both protective orders and temporary ex parte orders is the statutory concept of Family Violence.

Question 26

Venue for Paternity

Answer 26

Where the child was found or if the child does not reside in this state where the alleged father resides

Question 27

Paternity is Determined

Answer 27

Paternity is ultimately determined by genetic evidence

Question 28

Retroactive Child Support

Answer 28

Presumption - Not to exceed 4 years

Question 29

Give Child Up for Adoption

Answer 29

Mother - Affidavit of Relinquishment 48 hours after birth
Father - (Voluntary or Involuntary)

Voluntary: Waiver of interest in the child (doesn’t admit paternity)

Involuntary: Failure to support for one year.

Question 30

Child Support Judgment SOL

Answer 30

10 years after turns 18 or child support obligation terminates.