Monthly Archives: June 2012
Texas Rulings on Same-Sex Marriages
As same-sex marriage moves into the national spotlight during presidential campaigns, you may be curious to know how Texas courts view same-sex marriage. Under the Texas Family Code, same-sex marriages are not legal. However, the issue has come up for review before the Texas judiciary various times: In 2010, The Statesman reported that Texas Attorney… Read More »
The Difference between Divorce, Annulment and Void Marriages
While divorce, annulment and void marriages all end a marriage, there are legal differences between the three. Divorce Divorce is appropriate for couples who were legally married and want to dissolve the marriage. Valid marriages under Texas law meet all legal requirements from the outset. Once the divorce is final, the courts still recognize that… Read More »
When Is a Marriage Void in Texas?
Under various circumstances, Texas courts can consider marriages to be void based on Texas Family Code Subchapter C. Declaring a Marriage Void. Consanguinity Consanguinity is the kinship or family relationship that people share. Consanguinity that makes a marriage void includes marriage to: A brother or sister, whole or half blood or by adoption An ancestor… Read More »
How Does Annulment Work in Texas?
While divorce is the most common way of ending a marriage, annulment may be another option. Courts grant annulments under the following conditions: Underage. A party is between the ages of 16 and 18 and married without parental or guardian consent. Parents, managing conservators or guardians can request an annulment. Discretionary annulment for underage person…. Read More »
Paternity Complexities
Dealing with paternity can involve complicated issues which add to the difficulty of understanding your legal rights. Who the father is in the eyes of the law may seem unclear. Some examples of paternity complications include: The mother is married to someone other than the biological father before the child is born Within 300 days… Read More »
What Is an Acknowledgement Of Paternity?
In recent years, increasing numbers of unmarried couples have had children together. Consequently, paternity has become an issue, especially in relation to child custody and support matters. Texas has passed a number of laws to clarify and help resolve paternity issues. An Acknowledgement of Paternity (AOP) has the purpose of legally establishing parentage and is… Read More »
How the Courts View Custody in Relation to Email and Electronic Communications
Electronic devices such as smart phones, notebooks, and laptops that provide email, texting, and web cam capabilities have changed the way families communicate in a fast-paced world. Wireless technology has opened up communication channels between divorced parents and their children. While Texas courts encourage parental contact for child development, they also realized a need to… Read More »
How Domestic Violence History Affects Child Custody Rights
In addition to limiting a parent’s custody rights through supervised or limited visitation, a background of domestic violence can also result in other restrictions on the parent. To be allowed access to the child, the parent may have to comply with a court order under the Texas Family Code that limits the parent in the… Read More »
