Texas Family Law Practice Manual, Practice Notes 2016

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Copyright Information
Manual Committee
State Bar of Texas Staff
Contributors to Earlier Editions, Updates, and Titles
Contents
Letter from the President
Preface
Summary of Contents
Introduction
INDEXES
Statutes and Rules Cited
T e x a s
Texas Constitution
Texas Business & Commerce Code
Texas Business Organizations Code
Texas Civil Practice & Remedies Code
Texas Code of Criminal Procedure
Texas Education Code
Texas Estates Code
Texas Family Code
Texas Finance Code
Texas Government Code
Texas Health & Safety Code
Texas Human Resources Code
Texas Insurance Code
Texas Labor Code
Texas Occupations Code
Texas Parks & Wildlife Code
Texas Penal Code
Texas Property Code
Texas Tax Code
Texas Transportation Code
Texas Administrative Code
Texas Rules of Appellate Procedure
Texas Rules of Civil Procedure
Texas Rules of Evidence
Texas Rules of Judicial Administration
Texas Disciplinary Rules of Professional Conduct
Texas Rules of Disciplinary Procedure
State Bar of Texas Opinions
U n i t e d S t a t e s
United States Code
Code of Federal Regulations
Federal Rules of Evidence
Treasury Regulations
Temporary Treasury Regulations
American Bar Association’s Model Rules of Professional Conduct
American Bar Association Committee on Ethics & Professional Responsibility
Cases Cited
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Subject Index
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Chapter 1 Ethics and Malpractice Considerations
§ 1.1 Scope of Chapter
§ 1.2 State Bar Act
§ 1.3 State Bar Rules
§ 1.4 Texas Rules of Disciplinary Procedure
§ 1.5 Texas Disciplinary Rules of Professional Conduct
§ 1.6 American Bar Association’s Model Rules of Professional Conduct
§ 1.7 Texas Code of Ethics and Professional Responsibility for Legal Assistants
§ 1.8 Texas Lawyer’s Creed
§ 1.11 Professional Misconduct
§ 1.11:1 Definitions and Sanctions
§ 1.11:2 Examples of Misconduct
§ 1.12 Attorney’s Fees
§ 1.12:1 Determination of Proper Fee
§ 1.12:2 Contingent Fee Contracts
§ 1.12:3 Fee Splitting—Forwarding Fee for Client Referral
§ 1.12:4 Attorney’s Liens
§ 1.12:5 Withholding Services Until Fee Is Paid
§ 1.12:6 Nonrefundable Retainers
§ 1.13 Conflicts of Interest
§ 1.13:1 Conflicts of Interest between Attorney and Client
§ 1.13:2 Conflicts of Interest among Clients
§ 1.14 Confidentiality
§ 1.15 Commingling Funds
§ 1.15:1 Keeping Clients’ Funds in Separate Account
§ 1.15:2 Retainer Fees
§ 1.16 Advertising
§ 1.16:1 Background
§ 1.16:2 Texas Advertising Guidelines
§ 1.17 Attorney as Witness
§ 1.21 Nature of Legal Malpractice Action
§ 1.22 Elements of Legal Malpractice
§ 1.22:1 Attorney-Client Relationship and Duty
§ 1.22:2 Negligent Breach of Duty
§ 1.22:3 Proximate Cause
§ 1.22:4 Client Must Be Damaged
§ 1.22:5 Additional Meritorious Action
§ 1.22:6 Breach-of-Contract Action
§ 1.23 Who Can Sue for Legal Malpractice
§ 1.23:1 No Private Actions under Texas Disciplinary Rules of Professional Conduct
§ 1.23:2 Privity Generally Required
§ 1.24 Defenses to Legal Malpractice
§ 1.24:1 Statutes of Limitation
§ 1.24:2 Good-Faith Defense
§ 1.24:3 Satisfaction
§ 1.24:4 Other Defenses
§ 1.25 Potential Areas for Legal Liability
§ 1.25:1 Attorney’s Fees
§ 1.25:2 Failure to Advise Client of Legal Consequences of Acts
§ 1.25:3 Failure to Advise Client of Conflict of Interest
§ 1.25:4 Failure to Avoid Improper Entry of Judgment against Client
§ 1.25:5 Failure to Convey Settlement Offer to Client
§ 1.25:6 Failure to Timely Pursue Client’s Claim
§ 1.25:7 Inappropriate Relationships with Clients
§ 1.26 Procedures to Help Avoid Malpractice Actions
§ 1.26:1 Calendaring System
§ 1.26:2 Nonengagement Letters
§ 1.26:3 File Retention
§ 1.26:4 Problems When Firms Break Up
§ 1.26:5 Supervision of Support Staff and New Associates
§ 1.26:6 Avoiding Overload
§ 1.27 Standard of Care for Specialists
§ 1.28 Standard of Care for Court-Appointed Representatives
§ 1.29 Attorney Professional Liability Insurance
§ 1.31 Right to Effective Assistance of Counsel
§ 1.32 Standard for Determining Effective Assistance
§ 1.33 Proof of Ineffective Assistance
§ 1.34 Presumptions against Ineffective Assistance
§ 1.41 Application of Act to Legal Services
§ 1.42 Statute of Limitations
§ 1.51 Grievance Procedure
Useful Web Sites
Chapter 2 Attorney-Client Relationship and Communications
§ 2.1 Agreement about Fees
§ 2.2 Setting Fees
§ 2.3 Presumptions about Contracts
§ 2.4 Intervention for Attorney’s Fees
§ 2.5 Contingent Fees
§ 2.6 Fee Splitting
§ 2.7 Communications about Legal Consequences
§ 2.8 Initial Consultation
§ 2.9 Death of Client
§ 2.10 Tax Deduction for Attorney’s Fees
§ 2.11 Limited Representation by Attorney
§ 2.12 Arbitration Provisions in Employment Contract
§ 2.13 Information to Be Obtained from Client
§ 2.13:1 General Information for Divorce Representation
§ 2.13:2 Confidences and Secrets of Clients
§ 2.13:3 Obtaining Confidences
§ 2.13:4 Information Regarding Property
§ 2.13:5 Information Regarding Taxes
§ 2.13:6 Social Security and Driver’s License Numbers
§ 2.14 Requirement to Report Child Abuse—Inapplicability of Attorney-Client Privilege
§ 2.15 Requirement to Report Party’s Current Address
§ 2.16 Special Provision Regarding Indian Children
§ 2.17 Cloud Computing
§ 2.18 Access to Residence to Retrieve Personal Property
Useful Web Sites
Chapter 3 Divorce Pleadings
§ 3.1 General
§ 3.2 Caption
§ 3.3 Citation
§ 3.4 Long-Arm Jurisdiction
§ 3.5 Jury Trial
§ 3.6 Trial before Associate Judge
§ 3.7 Pleadings Generally
§ 3.8 Protective Order Statement
§ 3.9 Special Exceptions
§ 3.10 Notice of Nonsuit and Dismissal for Want of Prosecution
§ 3.11 Respondent’s Pleadings Generally
§ 3.12 Special Appearance
§ 3.13 Plea in Abatement
§ 3.14 Respondent’s Answer
§ 3.15 Inmate’s Participation at Trial
§ 3.21 Grounds
§ 3.22 Residence Requirements
§ 3.23 Waiting Period
§ 3.24 Remarriage
§ 3.25 Change of Name
§ 3.26 Spousal Maintenance
§ 3.27 Informal Marriage
§ 3.28 Putative Marriage
§ 3.29 Multiple Marriages
§ 3.31 General Rule of Property Division
§ 3.32 Separate Property
§ 3.33 Community Property
§ 3.34 Community Property Acquired While Domiciled outside Texas
§ 3.35 Separate-Property Divestiture
§ 3.36 Reimbursement
§ 3.37 Proportional Ownership of Property by Marital Estates
§ 3.38 Reconstituted Community Estate
§ 3.39 Frozen Embryos
§ 3.41 Best Interest of Child
§ 3.42 Mandatory Joinder of Suit Affecting Parent-Child Relationship in Divorce Suit
§ 3.43 Continuing Jurisdiction
§ 3.44 Denial of Paternity
§ 3.45 Conservatorship and Support
§ 3.46 Health Insurance Information
§ 3.47 Interview with Child
§ 3.48 Jury Questions
§ 3.49 Long-Arm Jurisdiction
§ 3.50 Uniform Child Custody Jurisdiction and Enforcement Act
§ 3.61 General
§ 3.62 Assault
§ 3.63 Intentional Infliction of Emotional Distress
§ 3.64 Interference with Possessory Interest in Child
§ 3.65 Negligent Torts
§ 3.66 Actual Fraud
§ 3.67 Fraud on Community
§ 3.68 Conversion
§ 3.69 Cotenant
§ 3.70 Orders against Financial Institution
§ 3.71 Disregarding Corporate Fiction
§ 3.72 Parentage
§ 3.73 Invasion of Privacy
§ 3.74 Uniform Fraudulent Transfer Act
§ 3.75 Third-Party Trustee
§ 3.81 Intervention Generally
§ 3.82 Conservatorship
§ 3.83 Attorney’s Fees
§ 3.84 General Creditor
Useful Web Sites
Chapter 4 Divorce—Temporary Orders
§ 4.1 Temporary Orders Generally
§ 4.2 Temporary Restraining Orders and Temporary Injunctions
§ 4.3 Extension and Expiration of Temporary Restraining Order
§ 4.4 Hearing on Temporary Injunction
§ 4.5 Dissolution or Modification of Temporary Restraining Order
§ 4.6 Form and Scope of Injunction or Restraining Order
§ 4.7 Bond
§ 4.8 Contempt Punishment for Disobedience
§ 4.9 Temporary Support of Spouse
§ 4.10 Transfer of Property and Incurring of Debt Pending Decree
§ 4.11 Inventory and Appraisement
§ 4.12 Interim Attorney’s Fees and Expenses
§ 4.13 Other Temporary Orders
§ 4.14 Associate Judge
§ 4.15 Motion to Modify Temporary Orders
§ 4.16 Motion to Extend Temporary Orders
§ 4.17 Orders Protecting against Family Violence
§ 4.18 Temporary Orders Pending Appeal
Chapter 5 Discovery
§ 5.1 Forms of Discovery Generally
§ 5.2 Discovery Control Plan
§ 5.3 Modification of Discovery Procedures
§ 5.4 Certificate for Discovery Motions
§ 5.5 Signature Required
§ 5.6 Filing, Retention, and Service of Discovery Materials
§ 5.7 Orders for Protection from Discovery
§ 5.8 Discovery from Nonparties
§ 5.9 Discovery of Customer Records from Financial Institution
§ 5.10 Mandamus as Remedy
§ 5.21 Scope of Discovery Generally
§ 5.22 Documents and Tangible Things
§ 5.22:1 Documents and Tangible Things Generally
§ 5.22:2 Medical Records and Authorizations
§ 5.22:3 Mental Health Records
§ 5.22:4 Health Insurance Portability and Accountability Act
§ 5.22:5 Alcohol-and Drug-Abuse Patient Records
§ 5.23 Potential Parties and Witnesses
§ 5.24 Testifying and Consulting Experts
§ 5.25 Witness Statements
§ 5.26 Other Topics of Discovery
§ 5.27 Work Product
§ 5.28 Privileged Matters
§ 5.29 Waiving Objections to Discovery or Assertions of Privilege
§ 5.41 Written Discovery Defined
§ 5.42 Requests for Disclosure
§ 5.43 Requests for Production and Inspection of Documents and Tangible Things
§ 5.44 Request or Motion for Entry on Property
§ 5.45 Interrogatories to Parties
§ 5.46 Requests for Admissions
§ 5.47 Responses and Objections to Written Discovery
§ 5.48 Amending or Supplementing Responses to Written Discovery
§ 5.49 Effect of Failure to Timely Respond
§ 5.61 Permitted Means of Discovery
§ 5.62 Designation of Experts
§ 5.63 Depositions
§ 5.64 Reports of Experts
§ 5.65 Amendment and Supplementation of Discovery
§ 5.71 Motion and Order for Mental or Physical Examination
§ 5.72 Cases Arising under Title 2 or Title 5 of Family Code
§ 5.73 No Examination
§ 5.74 Selection and Report of Examining Professional
§ 5.81 Oral Depositions
§ 5.82 Compelling Appearance; Production of Documents and Things at Oral Deposition
§ 5.83 Written Questions at Oral Deposition
§ 5.84 Conduct and Objections during Oral Deposition
§ 5.85 Hearing on Objection or Privilege
§ 5.86 Nonstenographic Recording; Deposition by Telephone
§ 5.87 Depositions on Written Questions
§ 5.88 Depositions in Foreign Jurisdictions
§ 5.89 Depositions before Suit or to Investigate Claims
§ 5.90 Signing, Certification, and Use of Depositions
§ 5.91 Amending or Supplementing Deposition Testimony
§ 5.101 Subpoenas
§ 5.102 Enforcement of Subpoenas
§ 5.111 Motion for Sanctions or Order Compelling Discovery
§ 5.112 Failure to Comply with Order or Discovery Request
§ 5.113 Abuse of Discovery Process
§ 5.114 Failure to Comply with Rule 198
§ 5.115 Failure to Attend or Serve Subpoena
§ 5.116 False Certification
Chapter 6 Information Gathering and Third-Party Notices
§ 6.1 General Information
§ 6.2 Traditional Sources
§ 6.3 High-Tech Sources
§ 6.4 Search Engines
§ 6.5 Fee-Based Internet Resources
§ 6.6 Search Parameters
§ 6.11 Lis Pendens
§ 6.12 Notice to Pension Trustees
§ 6.13 Information for Suits Affecting Parent-Child Relationship
§ 6.14 Affidavit Concerning Costs and Necessity of Services
Useful Web Sites
Chapter 7 Inventory and Appraisement
§ 7.1 Court Order
§ 7.2 All Property Included
§ 7.3 Discovery Procedures
§ 7.4 Judicial Admission
§ 7.5 Spreadsheets
§ 7.6 On Appeal
Chapter 8 Ancillary Motions and Proceedings
§ 8.1 Requisites of Motion; Service ; Electronic Filing
§ 8.2 Copies of Motions
§ 8.11 Attorney in Charge
§ 8.12 Withdrawal of Attorney
§ 8.13 Disqualification of Attorney
§ 8.14 Attorney’s Authority
§ 8.15 Motion to Recuse or Disqualify Judge
§ 8.16 Trial before Assigned Judge
§ 8.17 Associate Judge
§ 8.21 Substituted Service—Rule 106
§ 8.22 Other Substituted Service—Rule 109a
§ 8.23 Amending Citation—Rule 118
§ 8.31 Judicial Notice
§ 8.32 Severance
§ 8.33 Consolidation
§ 8.34 Separate Trial
§ 8.41 Master in Chancery
§ 8.42 Auditor
§ 8.43 Receiverships
§ 8.44 Mental or Physical Examination
§ 8.45 Child Custody Evaluation or Social Study
§ 8.51 Basics of Summary Judgment
§ 8.51:1 Traditional Motion for Summary Judgment
§ 8.51:2 No-Evidence Motion for Summary Judgment
§ 8.52 Use of Summary Judgment to Dispute Existence of Marriage Relationship
§ 8.53 Marital Property Agreements
§ 8.53:1 Summary Judgment and Enforceability of Marital Property Agreements
§ 8.53:2 Types of Agreements
§ 8.54 Characterization of Property: Separate or Community
§ 8.55 Children’s Issues
§ 8.55:1 Texas Family Code Section 153.004
§ 8.55:2 Mandatory Prohibition
§ 8.56 Other Causes of Action
§ 8.57 Postdecree Issues
§ 8.57:1 Texas Family Code Chapter 9
§ 8.57:2 Bill of Review
§ 8.58 Affidavits and Verifications
§ 8.61 Dismissal
§ 8.62 Reinstatement
§ 8.63 Exclusion of Expert Witness
Chapter 9 Child Support
§ 9.1 Support of Child
§ 9.2 Who May Be Ordered to Pay
§ 9.3 Manner of Payment
§ 9.4 Place of Payment
§ 9.5 Payments by Trust
§ 9.6 Termination of Duty of Support
§ 9.7 Retroactive Child Support
§ 9.8 Child Support for Disabled Child
§ 9.9 Acceleration of Unpaid Child Support Obligation on Death of Obligor
§ 9.10 Provision of Support If Obligor Dies
§ 9.11 Payments in Excess of Court-Ordered Amount
§ 9.21 Net Resources Defined
§ 9.22 Self-Employment Income
§ 9.23 Intentional Unemployment or Underemployment
§ 9.24 Deemed Income
§ 9.25 Minimum Wage Presumed
§ 9.26 Net Resources of New Spouse
§ 9.27 Child Support Received by Obligor Included
§ 9.28 Application of Guidelines
§ 9.29 Additional Factors
§ 9.30 Guidelines for Net Resources of $8,550 or Less
§ 9.31 Guidelines for Net Resources of More Than $8,550
§ 9.32 Reduction as Number of Eligible Children Decreases
§ 9.33 Guidelines for Children in More Than One Household
§ 9.34 Findings of Fact in Child Support Order
§ 9.35 Agreement Concerning Support
§ 9.36 Application of Guidelines to Children of Certain Obligors
§ 9.41 Medical Child Support Order
§ 9.42 Qualified Medical Child Support Order
§ 9.43 Claims Made by Custodial Parent
§ 9.44 Notice to Employer
§ 9.45 Duties of Employer
§ 9.46 Failure to Provide Health Insurance
§ 9.47 Cancellation or Elimination of Coverage
§ 9.48 Continuation Coverage
§ 9.49 Support Order Not Qualified
§ 9.51 Local Child Support Registry
§ 9.55 Child Support Review Process
§ 9.61 Withholding Order Required
§ 9.62 Withholding for Arrearages
§ 9.63 Maximum Amount to Be Withheld
§ 9.64 Limitations
§ 9.65 Contents of Withholding Order or Writ
§ 9.66 Forms for Income Withholding
§ 9.67 Request for Order or Writ of Withholding
§ 9.68 Employer’s Request for Hearing
§ 9.69 Notice of Application for Judicial Writ of Withholding
§ 9.70 Requirements of Notice of Application for Judicial Writ of Withholding
§ 9.71 Delivery of Notice
§ 9.72 Motion to Stay Issuance of Writ
§ 9.73 Request for Issuance and Delivery of Writ
§ 9.74 Issuance and Delivery of Writ
§ 9.75 Contents of Writ
§ 9.76 Issuance of Judicial Writ to Later Employer
§ 9.77 Parties’ Agreement about Amount or Duration of Withholding
§ 9.78 Delivery of Order Reducing or Terminating Withholding
§ 9.79 Order for Withholding for Costs and Fees
§ 9.80 Qualified Domestic Relations Order for Collection of Support
Useful Web Sites
Chapter 13 Court-Ordered Representatives
§ 13.1 Generally
§ 13.2 Definitions
§ 13.3 Mandatory Appointment of Representatives
§ 13.4 Discretionary Appointment of Representatives
§ 13.5 Prohibited Appointment of Representatives
§ 13.6 Rights, Powers, and Duties of Guardian Ad Litem
§ 13.7 Guardian Ad Litem at Trial
§ 13.8 Powers and Duties of Attorney Ad Litem
§ 13.9 Entitlements of Attorney Ad Litem
§ 13.10 Substituted Judgment of Attorney for Child
§ 13.11 Answer and Other Pleadings
§ 13.12 Powers and Duties of Amicus Attorney
§ 13.13 Entitlements of Amicus Attorney
§ 13.14 Attorney Work Product and Testimony
§ 13.15 Fees for Representatives
§ 13.16 Access to Child and Information about Child
§ 13.17 Immunity of Ad Litems and Amicus
§ 13.18 Process of Appointment by Court
§ 13.19 Special Appointments; Immunity
§ 13.20 Practical Pointers
Useful Web Sites
Chapter 14 Judicial Bypass
§ 14.1 Generally
§ 14.2 Application
§ 14.3 Cover Page
§ 14.4 Verification Page
§ 14.5 Attorney’s Statement
§ 14.6 Filing Fees and Court Costs
§ 14.7 Assignment of Cases; Objection to, Recusal of, and Disqualification of Judge
§ 14.8 Appointment of Ad Litems and Attorney
§ 14.9 Hearing—Logistics
§ 14.10 Hearing—Evidentiary Considerations by Trial Court
§ 14.11 Confidentiality
§ 14.12 Appeal
§ 14.13 Written Consent Required for Physician ; Emergency
§ 14.14 Civil Penalties
§ 14.15 Practical Tips
Useful Web Sites
Chapter 15 Collaborative Law
§ 15.1 Introduction
§ 15.2 Definitions
§ 15.3 Participation Agreement
§ 15.4 Beginning and Concluding Process
§ 15.5 Collaborative Law Cases on Different Track in Court
§ 15.6 Status Reports Required
§ 15.7 Two-Year Time Limit
§ 15.8 Disqualification
§ 15.9 Exceptions to Disqualification
§ 15.10 Full Disclosure of Information
§ 15.11 Professional Responsibility Unchanged
§ 15.12 Informed Consent
§ 15.13 Family Violence
§ 15.14 Confidentiality of Communications
§ 15.15 Privilege against Disclosure
§ 15.16 Limits of Privilege
§ 15.17 Parties Entitled to Judgment
§ 15.18 Joint Petitions
§ 15.19 Paradigm Shift
§ 15.20 Practice Groups
Useful Web Sites
Chapter 16 Parenting Plans, Parenting Coordinators, and Parenting Facilitators
§ 16.1 Generally
§ 16.2 No Temporary Parenting Plan Requirement
§ 16.3 Final Parenting Plan Requirement
§ 16.4 Exception to Dispute Resolution Process Requirement
§ 16.5 Agreed Parenting Plan
§ 16.6 Parenting Plan for Joint Managing Conservatorship
§ 16.21 Generally
§ 16.22 Appointment of Parenting Coordinator
§ 16.23 Duties of Parenting Coordinator
§ 16.24 Removal of Parenting Coordinator
§ 16.25 Report of Parenting Coordinator
§ 16.26 Compensation of Parenting Coordinator
§ 16.27 Qualifications of Parenting Coordinator
§ 16.28 Report of Joint Proposal or Statement of Intent; Agreements and Recommendations
§ 16.41 Generally
§ 16.42 Appointment of Parenting Facilitator
§ 16.43 Duties of Parenting Facilitator
§ 16.44 Removal of Parenting Facilitator
§ 16.45 Report of Parenting Facilitator
§ 16.46 Compensation of Parenting Facilitator
§ 16.47 Qualifications of Parenting Facilitator
§ 16.48 Conflicts of Interest and Bias of Parenting Facilitator
§ 16.49 Communications and Recordkeeping of Parenting Facilitator
§ 16.50 Report of Joint Proposal or Statement of Intent; Agreements and Recommendations
Chapter 17 Protective Orders
§ 17.1 Introduction
§ 17.2 Caption
§ 17.3 Relationship between Protective Order and Other Suits
§ 17.4 Venue
§ 17.5 Contents of Application
§ 17.6 Temporary Orders and Extraordinary Relief
§ 17.7 Court
§ 17.8 Applicant
§ 17.9 Fees and Costs
§ 17.10 Notice, Hearing, and Evidence
§ 17.11 Answer
§ 17.12 Findings and Orders
§ 17.13 Confidentiality of Certain Information
§ 17.14 Agreed Orders
§ 17.15 Modification of Orders
§ 17.16 Appeal of Protective Orders
§ 17.17 Remedies for Violations of Protective Orders or Conditions of Bond
§ 17.18 Counseling
§ 17.19 Request by Respondent for Protective Order
§ 17.20 Copies of Orders
§ 17.21 Duration of Protective Orders
§ 17.22 Duties of Law Enforcement Officers
§ 17.23 Right to Terminate Lease Early
§ 17.24 Related Laws
§ 17.25 Protective Orders from Other Jurisdictions
§ 17.26 Self-Help Protective Order Kit
Useful Web Sites
Chapter 18 Alternative Dispute Resolution and Informal Settlement
§ 18.1 Generally
§ 18.2 Notification and Objection
§ 18.3 Arbitration and Mediation Agreements
§ 18.4 Confidentiality of Communications in ADR Proceedings
§ 18.5 Selection and Qualifications of Impartial Third Party
§ 18.6 Enforcement of Mediated Settlement Agreement
§ 18.7 Court Appointment of Mediator
§ 18.11 Informal Settlement Conference
§ 18.12 Informal Settlement Agreement
§ 18.13 Not for Suits Affecting Parent-Child Relationship
Chapter 19 Trial Proceedings
§ 19.1 Applicable Rules
§ 19.2 Pretrial Conference
§ 19.3 Preferential Setting
§ 19.4 Continuance
§ 19.5 Inventory Summary; Suggested Property Division
§ 19.6 Limiting Attendance
§ 19.7 Child as Witness
§ 19.8 Default Judgment
§ 19.9 Relief Pending Final Order
§ 19.10 Motion for Judgment in Nonjury Case
§ 19.11 Request for Jury Trial
§ 19.12 Number of Peremptory Challenges
§ 19.13 Motion in Limine
§ 19.14 Requests for Questions, Definitions, and Instructions
§ 19.15 Submission to Jury
§ 19.16 Objection to Jury Charge
§ 19.17 Judgment Non Obstante Veredicto/Directed Verdict
§ 19.18 Subpoenas
§ 19.19 Attorney’s Fees
§ 19.20 Pleadings
Chapter 23 Divorce—Decrees and Agreements Incident to Divorce
§ 23.1 Required Specificity
§ 23.2 Orders Not Enforceable by Contempt
§ 23.3 Specificity of Dates and Times
§ 23.4 Execution and Delivery of Instruments
§ 23.5 Clarification and Enforcement of Orders
§ 23.6 Insurance
§ 23.7 Continuation of Insurance Coverage
§ 23.8 Debts and Tax Liabilities
§ 23.9 Spousal Maintenance and Contractual Alimony
§ 23.10 Attorney’s Fees
§ 23.11 Suit Affecting Parent-Child Relationship
§ 23.12 Managing Conservatorship
§ 23.13 Possessory Conservatorship
§ 23.14 Child Support Provisions
§ 23.15 Withholding from Earnings for Child Support
§ 23.16 Medical Expenses of Children
§ 23.17 Provisions for Possession and Access
§ 23.18 Passport Application for Minors
§ 23.19 Mandatory Provisions in Decrees Affecting Children
§ 23.20 Parent Education and Family Stabilization Course
§ 23.21 Parenting Plan
§ 23.22 Limits to Enforcement of Support and Conservatorship Agreements Regarding Minors
§ 23.23 Necessity of Evidence for Final Hearing in Divorce Suits
§ 23.24 Employment and Retirement Benefits
§ 23.25 Wills
§ 23.31 Agreement Incident to Divorce—Generally
§ 23.32 Property-Settlement Agreement
§ 23.41 Generally
§ 23.42 Filing Status
§ 23.43 Division of Property
§ 23.44 Alimony
§ 23.45 Child Support Payments
§ 23.46 Dependency Exemption
§ 23.47 Medical Expense Deductions
§ 23.48 Child Care Expenses
§ 23.49 Costs of Obtaining Divorce
§ 23.50 Innocent-Spouse Relief and Separate-Liability Election
Useful Web Sites
Chapter 24 Closing Documents
§ 24.1 Statutory Requirements
§ 24.2 General Requirements
§ 24.3 General Warranty Deed
§ 24.4 Special Warranty Deed
§ 24.5 Quitclaim Deed
§ 24.6 Mineral Royalty Interests
§ 24.7 Timeshare
§ 24.8 Cemetery Lots
§ 24.11 Real Estate Lien Note
§ 24.12 Deed of Trust
§ 24.13 Foreclosure and Sale under Deed of Trust
§ 24.14 Recordation
§ 24.15 Homestead Exemption and Equitable Liens
§ 24.16 Separate Property and Equitable Liens
§ 24.17 Owelty Liens
§ 24.21 Motor Vehicles
§ 24.22 Motorboats, Jet Skis, and Outboard Motors
§ 24.23 Trailers
§ 24.24 Travel Trailers
§ 24.25 Manufactured Housing
§ 24.26 Aircraft
§ 24.27 Animals
§ 24.28 Stock
§ 24.29 Retirement Benefits
§ 24.30 Promissory Notes
§ 24.31 Security Agreement
§ 24.31:1 Definitions
§ 24.31:2 Classifications of Collateral
§ 24.31:3 Description of Collateral
§ 24.31:4 Attachment
§ 24.31:5 Perfecting Security Interest
§ 24.32 Transfer of TUTMA Accounts
§ 24.33 Transfer of U.S. Savings Bonds
§ 24.34 Estates Code Provisions Affecting Former Spouses
§ 24.35 Transfer on Death Deeds
§ 24.41 Transfer of Domain Names
§ 24.42 Transfer of Patent
§ 24.43 Transfer of Trademark
Useful Web Sites
Chapter 25 Employment and Retirement Benefits
§ 25.1 Complexity of Drafting Orders
§ 25.2 Scope of Chapter
§ 25.11 Divisibility on Divorce
§ 25.12 Methods of Division
§ 25.21 Qualified Domestic Relations Order (QDRO)
§ 25.22 Defined Benefit and Defined Contribution Plans
§ 25.31 Continuing Jurisdiction for Order Dividing Retirement Plans
§ 25.41 No Standard Forms
§ 25.42 Variety of Plans
§ 25.43 Definitions Applicable to Private Plans
§ 25.44 Requirements of QDRO for Private Plans
§ 25.45 Survivor Benefits for Private Plans
§ 25.46 Shared-Payment QDRO vs. Separate-Interest QDRO for Defined Benefit Plan QDROs
§ 25.47 Early Retirement Subsidy
§ 25.48 Cost-of-Living Adjustment
§ 25.51 Generally
§ 25.52 Definitions for State Retirement Systems
§ 25.53 Requirements of QDRO
§ 25.54 Statutory Reasons for Rejection by Retirement System
§ 25.55 Payments to Alternate Payee
§ 25.56 Death Terminates Interest of Alternate Payee
§ 25.57 Optional Retirement Program
§ 25.58 Qualification Process
§ 25.59 Appeal of Nonqualification Determination
§ 25.60 Special Decree Language to Change TRS Beneficiary Designation
§ 25.61 Lien on Benefits
§ 25.71 Historical Perspective
§ 25.72 Definitions
§ 25.73 Divisible Benefits
§ 25.74 Jurisdiction of Member
§ 25.75 Payment to Former Spouse
§ 25.76 Notice to Member
§ 25.77 Sending Order to DFAS
§ 25.78 Benefits to Abuse Victims
§ 25.79 Survivor Benefit Plan
§ 25.80 Medical and Commissary Benefits for Former Spouse
§ 25.81 Military Retirement Resources
§ 25.91 Generally
§ 25.92 Definitions
§ 25.93 Payments under Court Order
§ 25.94 Survivor Annuities
§ 25.95 Thrift Savings Plan
§ 25.96 Addresses for Sending Court Orders
§ 25.101 Generally
§ 25.102 Definitions
§ 25.103 Requirements for Court Decree
§ 25.104 Procedure
§ 25.105 Private Retirement Plans Associated with Railroad Employees
§ 25.106 Cessation of Divorced Spouse Benefits
§ 25.107 Conversion of Annuity Received as Divorced Spouse to Annuity Received as Surviving Spouse
§ 25.108 Entitlement as Remarried Widow(er)
§ 25.109 Other Documentation
§ 25.110 Delivery of Court Decree to Board
§ 25.121 Stock Options and Restricted Stock
Useful Web Sites
Chapter 26 Posttrial Proceedings and Appeals
§ 26.1 Final Order
§ 26.2 Posttrial Pleadings
§ 26.3 New Trial
§ 26.3:1 Generally
§ 26.3:2 Format of Motion
§ 26.3:3 Filing for Appellate Purposes
§ 26.3:4 Newly Discovered Evidence
§ 26.3:5 After Default Judgment
§ 26.3:6 Time for Filing Motions
§ 26.3:7 Plenary Power
§ 26.3:8 Order on Motion for New Trial
§ 26.4 Motion to Modify, Correct, or Reform Judgment
§ 26.5 Request for Findings of Fact and Conclusions of Law
§ 26.6 Findings of Fact and Conclusions of Law
§ 26.7 Formal Bill of Exception
§ 26.8 Relief Pending Appeal
§ 26.9 Motion to Withdraw Exhibits
§ 26.10 Motion to Seal Court Documents
§ 26.11 Writ of Habeas Corpus Not Appealable Order
§ 26.12 Rules Governing Appeal
§ 26.13 Types of Appeals Available Other than Regular Appeal
§ 26.14 Notice of Appeal
§ 26.15 Time for Filing Notice of Appeal
§ 26.15:1 Deadline for Filing Accelerated Appeal
§ 26.15:2 Deadline for Filing Regular Appeal
§ 26.15:3 Deadline for Filing Restricted Appeal
§ 26.15:4 Citation by Publication
§ 26.15:5 Filing Notice of Appeal in Parental Notification Suit
§ 26.15:6 Extension of Time for Filing of Notice of Appeal
§ 26.15:7 Premature Filing of Notice of Appeal
§ 26.15:8 Appellee’s Notice of Appeal
§ 26.16 Appeals in Parental Termination and Child Protection Cases
§ 26.17 Appointment of Attorney on Appeal
§ 26.18 Costs of Appeal—Indigence
§ 26.19 Appellate Record
§ 26.20 Limiting Scope of Appeal
§ 26.21 Docketing Statement
§ 26.22 Mediation
§ 26.23 Estoppel to Appeal
§ 26.24 Modification Suit Pending Appeal
§ 26.25 Bankruptcy during Appeal
§ 26.26 Family Law Appellate Timetable
§ 26.27 Effect of Remand
§ 26.28 Internet Resources
Useful Web Sites
Chapter 27 Mandamus
§ 27.1 General Considerations
§ 27.2 Standard of Review
§ 27.3 Constitutional and Statutory Bases
§ 27.4 Jurisdiction
§ 27.5 Pleadings
§ 27.6 Procedure
§ 27.11 Arbitration
§ 27.12 Attorney Disqualification
§ 27.13 Bill of Review
§ 27.14 Contempt
§ 27.15 Continuance
§ 27.16 Discovery
§ 27.17 Grandparent Possession and Access
§ 27.18 Habeas Corpus
§ 27.19 In Interest of Justice
§ 27.20 Intervention
§ 27.21 Jurisdiction
§ 27.22 Lis Pendens
§ 27.23 Order on Motion for New Trial
§ 27.24 Protection of Constitutional Rights
§ 27.25 Protective Orders
§ 27.26 Refusal to Rule
§ 27.27 Temporary Orders
§ 27.28 Third-Party Actions for Fraud on Community
§ 27.29 Turnover Order during Pendency of Divorce
§ 27.30 Venue
§ 27.31 Void Orders
§ 27.32 Withdrawal of Counsel
§ 27.33 Generally
Chapter 31 Enforcement—Property
§ 31.1 Filing Suit to Enforce
§ 31.2 Limitations
§ 31.3 Pleadings
§ 31.4 No Change of Division of Property
§ 31.5 No Effect on Finality of Decree
§ 31.6 Joinder of Claims
§ 31.7 Partition of Property Not Divided in Decree
§ 31.8 Qualified Domestic Relations Orders
§ 31.9 Jury
§ 31.10 Right to Counsel
§ 31.11 Fifth Amendment Rights
§ 31.12 Costs and Attorney’s Fees
§ 31.21 Clarification Order
§ 31.22 Order for Delivery of Property
§ 31.23 Contempt
§ 31.24 Money Judgment
§ 31.25 Abstracting Judgment
§ 31.26 Foreclosure of Lien
§ 31.27 Garnishment
§ 31.28 Turnover Statute
§ 31.29 Execution
§ 31.30 Constructive Trust
§ 31.31 Uniform Fraudulent Transfer Act
§ 31.41 Foreign Judgments
Chapter 32 Enforcement—Spousal Maintenance and Alimony
§ 32.1 Filing Suit to Enforce
§ 32.2 Limitations
§ 32.3 Pleadings
§ 32.4 Contempt
§ 32.5 Affirmative Defenses
§ 32.6 Jury
§ 32.7 Costs and Attorney’s Fees
§ 32.8 Overpayment
§ 32.21 Generally
§ 32.22 Withholding for Spousal Maintenance and Child Support
§ 32.23 Withholding for Arrearages
§ 32.24 Maximum Amount to Be Withheld
§ 32.25 Limitations
§ 32.26 Contents of Order of Withholding
§ 32.27 Request for Issuance of Order or Writ of Withholding
§ 32.28 Duties of Employer
§ 32.29 Employer’s Request for Hearing
§ 32.30 Notice of Application for Writ of Withholding
§ 32.31 Delivery of Notice
§ 32.32 Motion to Stay Issuance of Writ
§ 32.51 Alimony Orders from Other States
Chapter 33 Enforcement—Child Support
§ 33.1 Filing Motion to Enforce
§ 33.2 Venue
§ 33.3 Transferred Order
§ 33.4 Transfer of Registry
§ 33.5 Joinder of Claims
§ 33.6 Contents of Motion
§ 33.7 Registry Records
§ 33.8 Notice of Hearing
§ 33.9 Special Exceptions
§ 33.10 Limitations
§ 33.11 Setting Hearing
§ 33.12 Record
§ 33.13 Failure to Appear
§ 33.14 Capias
§ 33.15 Setting Bond When Respondent Fails to Appear
§ 33.16 Contents of Order
§ 33.17 Attorney’s Fees
§ 33.18 Right to Counsel
§ 33.19 Affirmative Defenses
§ 33.31 Enforcement by Contempt
§ 33.32 Clear and Specific Language
§ 33.33 Written Order
§ 33.34 Burden of Proof
§ 33.35 Jury
§ 33.36 Commitment Order Requirement on Finding of Contempt Imposing Incarceration
§ 33.37 Community Supervision
§ 33.41 Clarification Order
§ 33.51 Unpaid Child Support as Judgment
§ 33.52 Counterclaim or Offset
§ 33.53 Confirmation of Arrearages
§ 33.54 Retention of Jurisdiction
§ 33.55 Enforcement of Medical Support Order
§ 33.61 Income Withholding
§ 33.62 Priority
§ 33.63 Limitations
§ 33.64 Form and Contents of Order
§ 33.65 Notice and Writ of Withholding
§ 33.71 Bond or Other Security
§ 33.72 Forfeiture
§ 33.81 Filing Lien
§ 33.82 Perfection of Child Support Lien and Property to Which Lien Attaches
§ 33.83 Effect of Lien Notice; Duration and Effect of Lien
§ 33.84 Priority of Lien as to Real Property
§ 33.85 Contents of Lien Notice
§ 33.86 Release of Lien; Release of Excess Funds
§ 33.87 Foreclosure or Suit to Determine Arrearages
§ 33.88 Liability for Failure to Comply with Lien
§ 33.89 Interest of Obligor’s Spouse or Another Person Having Ownership Interest
§ 33.90 Levy on Financial Assets of Obligor
§ 33.91 Claim against Abandoned Property
§ 33.95 Generally
§ 33.101 Generally
§ 33.111 Suspension of License
§ 33.112 Petition for Suspension of License
§ 33.113 Contents of Petition
§ 33.114 Notice
§ 33.115 Hearing on Petition to Suspend License
§ 33.116 Order Suspending License
§ 33.117 Default Order
§ 33.118 Review of Final Administrative Order
§ 33.119 Action by Licensing Authority
§ 33.120 Revocation of Stay
§ 33.121 Vacating or Staying Order
§ 33.122 Denial of License Issuance or Renewal
§ 33.131 Generally
§ 33.141 Foreign Judgments
§ 33.146 Office of Child Support Enforcement
§ 33.147 Federal Parent Locator Service
§ 33.148 Information
Useful Web Sites
Chapter 34 Enforcement—Possession and Access
§ 34.1 Filing Motion to Enforce
§ 34.2 Venue and Transfer
§ 34.3 Limitations
§ 34.4 Joinder of Claims
§ 34.5 Enforcement by Contempt
§ 34.6 Written Order
§ 34.7 Clear and Specific Order
§ 34.8 Contents of Motion
§ 34.9 Notice of Hearing
§ 34.10 Setting Hearing
§ 34.11 Record
§ 34.12 Failure to Appear
§ 34.13 Capias
§ 34.14 Bond Procedures If Respondent Fails to Appear
§ 34.15 Affirmative Defenses
§ 34.16 Special Exceptions
§ 34.17 Right to Attorney
§ 34.18 Right to Jury
§ 34.19 Fifth Amendment Rights
§ 34.31 Contents of Order
§ 34.32 Commitment Order Requirement on Finding of Contempt Imposing Incarceration
§ 34.33 Make-Up Visitation
§ 34.34 Attorney’s Fees
§ 34.35 Community Supervision (Probation)
§ 34.51 Clarification Order
§ 34.61 Bond or Other Security
§ 34.62 Forfeiture
§ 34.71 Suspension of License
§ 34.72 Contents of Petition
§ 34.73 Notice
§ 34.74 Hearing on Petition to Suspend License
§ 34.75 Order Suspending License
§ 34.76 Default Order
§ 34.77 Action by Licensing Authority
§ 34.78 Revocation of Stay
§ 34.79 Vacating or Staying Order
§ 34.91 Generally
§ 34.101 Federal Parent Locator Service
Chapter 35 Habeas Corpus to Release Adult
§ 35.1 Nature of Remedy
§ 35.2 Bases for Relief
§ 35.3 Jurisdiction
§ 35.4 Procedure in Appellate Court
Chapter 36 Physical Possession of Child
§ 36.1 Generally
§ 36.11 Nature of Remedy
§ 36.12 Use of Forms
§ 36.21 Nature of Remedy
§ 36.22 Who May Bring Suit
§ 36.23 Jurisdiction
§ 36.24 Responses to Request for Writ of Habeas Corpus
§ 36.25 Temporary Orders
§ 36.26 Proof
§ 36.27 Immunity from Civil Process
§ 36.28 Mandamus
§ 36.41 Nature of Remedy
§ 36.42 Parties
§ 36.43 Expedited Enforcement
§ 36.44 Order to Appear
§ 36.45 Hearing and Order
§ 36.46 Evidence
§ 36.47 Warrant for Physical Custody
§ 36.48 Appeal
§ 36.49 International Application
Chapter 40 Original Suit Affecting Parent-Child Relationship
§ 40.1 Nature of Remedy
§ 40.2 Caption
§ 40.3 Who May Bring Suit
§ 40.4 Citation
§ 40.5 Contents of Petition
§ 40.6 Jurisdiction
§ 40.7 Long-Arm Jurisdiction
§ 40.8 Venue
§ 40.9 Trial before Associate Judge
§ 40.10 Trial before Assigned Judge
§ 40.11 Managing Conservatorship
§ 40.12 Possessory Conservatorship or Access to Child
§ 40.13 Interview with Child
§ 40.14 Child Support
§ 40.15 Attorney’s Fees and Costs
§ 40.16 Temporary Orders
§ 40.17 Jury
§ 40.18 Child Custody Evaluation or Social Study
§ 40.18:1 Child Custody Evaluation—Suits Filed on or after March 1, 2016
§ 40.18:2 Social Study—Suits Filed before March 1, 2016
§ 40.19 Preferential Setting
§ 40.20 Best Interest of Child
§ 40.21 Mandatory Provisions in Order
§ 40.22 Parenting Plan
§ 40.23 Parent Education and Family Stabilization Course; Counseling
§ 40.24 Passport Application for Minor
§ 40.25 Electronic Communication with Child
§ 40.26 Permanent Injunctive Relief
§ 40.27 International Issues in Suits Affecting the Parent-Child Relationship
§ 40.28 Conditions Precedent to Filing Suit for Modification
Chapter 41 Modification of Texas Orders
§ 41.1 Continuing Jurisdiction
§ 41.2 Standing
§ 41.3 Pleadings
§ 41.4 Conditions Precedent to Filing Suit
§ 41.5 Notice and Service
§ 41.6 Trial before Associate Judge
§ 41.7 Trial before Assigned Judge
§ 41.8 Frivolous Suits
§ 41.9 Grounds for Modification: Conservatorship, Possession and Access, or Right to Designate Residence
§ 41.9:1 Grounds for Modification of Order Establishing Conservatorship or Possession and Access
§ 41.9:2 Modification of Exclusive Right to Designate Primary Residence of Child within One Year
§ 41.9:3 Increased Expenses Because of Change of Residence
§ 41.9:4 Presumptions Inapplicable in Modification Suits
§ 41.9:5 Material Change of Circumstances
§ 41.9:6 Best Interest of Child
§ 41.9:7 Relocation
§ 41.9:8 Actions outside Cognitive Presence of Child
§ 41.10 Grounds: Child Support
§ 41.11 Temporary Orders
§ 41.12 Habeas Corpus
§ 41.13 Jury
§ 41.14 Child Custody Evaluation or Social Study
§ 41.15 Preferential Setting
§ 41.16 Mandatory Provisions in Order
§ 41.17 Attorney’s Fees and Costs
§ 41.18 Parent Education and Family Stabilization Course; Counseling
§ 41.19 Clarification vs. Modification
§ 41.20 Interview with Child
§ 41.21 Parenting Plan
§ 41.22 Agreement for Modification
§ 41.31 Spousal Maintenance
Chapter 42 Transfer
§ 42.1 Transfer of Venue
§ 42.2 Where Venue Is Proper
§ 42.3 Determining Residence of Child for Proper Venue
§ 42.4 Acquiring and Losing Continuing, Exclusive Jurisdiction
§ 42.5 Transfer of Continuing, Exclusive Jurisdiction
§ 42.6 Motion to Transfer—Filing and Hearing
§ 42.7 No Interlocutory Appeal
§ 42.8 Effect of Transfer
§ 42.9 Cost of Transfer
§ 42.10 Void Orders
§ 42.11 Identifying Court of Continuing, Exclusive Jurisdiction
§ 42.12 Emergency Procedures
Chapter 43 Interstate Proceedings
§ 43.1 Generally
§ 43.2 Key Definitions
§ 43.3 Jurisdiction Prerequisites Generally
§ 43.4 Home-State Jurisdiction
§ 43.5 Significant-Connection/Substantial-Evidence Jurisdiction
§ 43.6 No Other State Has Jurisdiction or Other State Declines Jurisdiction
§ 43.7 Temporary Emergency Jurisdiction
§ 43.8 Exclusive, Continuing Jurisdiction
§ 43.9 Modification of Custody Decree of Another State
§ 43.10 Simultaneous Proceedings in Another State
§ 43.11 Inconvenient Forum
§ 43.12 Texas Declines Jurisdiction by Reason of Conduct
§ 43.13 Sworn Statement
§ 43.14 Notice Requirements
§ 43.15 Recognition of Out-of-State Child Custody Determinations
§ 43.16 Registration of Out-of-State Child Custody Determinations
§ 43.17 Expedited Enforcement
§ 43.18 Other Provisions of UCCJEA
§ 43.21 Generally
§ 43.22 Key Definitions
§ 43.23 Determining If Sister State Had Jurisdiction
§ 43.24 Continuing Jurisdiction
§ 43.25 Modification of Custody or Visitation Determination
§ 43.26 Simultaneous Proceedings in Another State
§ 43.31 Generally
§ 43.32 Key Definitions
§ 43.33 Bases for Jurisdiction over Nonresident
§ 43.34 Continuing, Exclusive Jurisdiction to Modify Child Support Order
§ 43.35 Enforcement of Support Order by Tribunal Having Continuing Jurisdiction
§ 43.36 Controlling Order
§ 43.37 Simultaneous Proceedings in Another State
§ 43.38 Choice of Law
§ 43.39 Pleadings and Accompanying Documents
§ 43.40 Establishment of Support Order or Determination of Parentage
§ 43.41 Direct Enforcement of Income-Withholding Order of Another State
§ 43.42 Enforcement of Support Order after Registration
§ 43.43 Modification of Support Order after Registration
§ 43.44 Recognition of Order Modified in Another State
§ 43.45 Support Proceeding under Convention
§ 43.46 Continuing, Exclusive Jurisdiction to Modify Spousal Support Order
§ 43.51 Generally
§ 43.52 Key Definitions
§ 43.53 Determining If Sister State Had Jurisdiction
§ 43.54 Continuing Jurisdiction
§ 43.55 Modification of Order
§ 43.56 Enforcement of Modified Orders
§ 43.57 Recognition of Child Support Orders
§ 43.58 Choice of Law
Useful Web Sites
Chapter 44 Grandparents and Other Nonparents
§ 44.1 General Standing to File Original Suit
§ 44.2 Constitutional Challenges to Standing
§ 44.3 Managing Conservatorship
§ 44.4 Joint Managing Conservatorship
§ 44.5 Possessory Conservatorship
§ 44.6 Possession of or Access to Grandchild
§ 44.7 Suit to Request Termination and Adoption
§ 44.8 Intervention in Suit Affecting Parent-Child Relationship
§ 44.9 Suit for Modification
§ 44.10 Sibling Access
§ 44.11 Pleadings
§ 44.12 Jurisdiction
§ 44.13 Venue
§ 44.14 Best Interest of Child
§ 44.15 Attorney’s Fees and Costs
§ 44.16 Parenting Plan
Chapter 45 Military Duty of Conservator
§ 45.1 Generally
§ 45.2 Military Duty of Conservator with Exclusive Right to Designate Primary Residence
§ 45.3 Military Duty of Conservator without Exclusive Right to Designate Primary Residence
§ 45.4 Expedited Hearing
§ 45.5 Enforcement
§ 45.6 Additional Periods of Possession or Access
Chapter 46 Authorization Agreements for Nonparent Relatives
§ 46.1 Generally
§ 46.2 Contents of Agreement
§ 46.3 Execution of Agreement
§ 46.4 Duties of Parties to Agreement
§ 46.5 Agreement Voidable
§ 46.6 Effect of Agreement
§ 46.7 Termination of Agreement
§ 46.8 Penalty
Chapter 50 Termination
§ 50.1 Introduction—Termination and Adoption
§ 50.2 Choice between One Proceeding or Two
§ 50.3 Indian Child Welfare Act
§ 50.4 Ancillary Forms
§ 50.5 Definition of Parent
§ 50.6 Establishment of the Parent-Child Relationship
§ 50.7 Paternity Registry
§ 50.8 Affidavit of Voluntary Relinquishment of Parental Rights
§ 50.9 Affidavit of Waiver of Interest in Child
§ 50.10 Release of Child from Hospital
§ 50.21 Nature of Remedy
§ 50.22 Pleadings
§ 50.23 Jurisdiction
§ 50.24 Uniform Child Custody Jurisdiction Enforcement Act
§ 50.25 Venue
§ 50.26 Who May Bring Suit
§ 50.27 Voluntary Termination
§ 50.28 Grounds for Involuntary Termination
§ 50.29 Proceedings Regarding Alleged Father
§ 50.30 Proceedings before Birth of Child
§ 50.31 Appointments in Termination Suits by Governmental Entity
§ 50.32 Appointments in Termination Suits Other than Suits by Governmental Entity
§ 50.33 Effect of Decree
§ 50.34 Appointment of Managing Conservator
§ 50.35 Trial
§ 50.36 Standard of Proof
§ 50.37 Trial or Hearing before Associate Judge
§ 50.38 Preferential Setting
§ 50.39 Medical History Report
§ 50.40 Attorney’s Fees and Costs
§ 50.41 Attack on Termination Order
§ 50.42 Appeal of Termination Order
Useful Web Sites
Chapter 51 Adoption of Child
§ 51.1 Statutory Restrictions on Child Placing
§ 51.2 Interstate Compact on Placement of Children
§ 51.3 Interstate Jurisdiction Issues
§ 51.4 Termination and Adoption
§ 51.11 Nature of Remedy
§ 51.12 Pleadings
§ 51.13 Venue
§ 51.14 Qualifications of Petitioner
§ 51.15 Who May Be Adopted
§ 51.16 Required Six Months’ Residence
§ 51.17 Consents Required
§ 51.18 Criminal History Report
§ 51.19 Adoption Evaluations and Social Studies
§ 51.20 Health, Social, Educational, and Genetic History Report
§ 51.21 Grounds
§ 51.22 No Jury
§ 51.23 Effect of Decree
§ 51.24 Change of Name
§ 51.25 New Birth Certificate
§ 51.26 Direct or Collateral Attack
§ 51.27 Appointment of Ad Litem or Amicus
§ 51.28 Confidentiality of Records
§ 51.29 Adoption Registry Report
§ 51.41 Certificate of Adoption
§ 51.42 Birth Record Correction Not Required
§ 51.43 Child Born in Another State
Useful Web Sites
Chapter 52 Combined Termination and Adoption of Stepchild
§ 52.1 Scope of Chapter
§ 52.2 Grandparent Access
§ 52.3 Other Practice Notes
Chapter 53 Ancillary Forms for Termination and Adoption
Chapter 54 Parentage
§ 54.1 Nature of Remedy; Overview
§ 54.2 Nonjudicial Determination of Parentage
§ 54.3 Presumption of Parentage
§ 54.4 Acknowledgment of Paternity
§ 54.5 Form for Acknowledgment and Denial of Paternity
§ 54.6 Effective Date of Acknowledgment and Denial of Paternity
§ 54.7 Effect of Unchallenged Acknowledgment and Denial of Paternity
§ 54.8 Special Procedures for Rescission or Challenge of Acknowledgment or Denial of Paternity
§ 54.9 Caption; Contents of Petition
§ 54.10 Collaborative Law
§ 54.11 Persons Entitled to Service of Process; Citation
§ 54.12 Jurisdiction
§ 54.13 Long-Arm Jurisdiction
§ 54.14 Venue
§ 54.15 Who May Bring Suit
§ 54.16 Denial of Parental Presumption
§ 54.17 Limitations
§ 54.18 Adjudication as Defense to Suit
§ 54.19 Representation of Child
§ 54.20 Voluntary or Court-Ordered Testing
§ 54.21 Experts
§ 54.22 Specimen
§ 54.23 Who May Be Tested
§ 54.24 Standard and Effect of Genetic Testing
§ 54.25 Pretrial Hearing; Temporary Orders
§ 54.26 Preferential Setting
§ 54.27 Evidence at Trial
§ 54.28 No Jury Trial
§ 54.29 Order
§ 54.30 Attorney’s Fees and Costs
§ 54.31 Inheritance Rights
§ 54.32 Birth Certificate
§ 54.33 Paternity Registry
§ 54.34 Gestational Agreements
Useful Web Sites
Chapter 55 International SAPCR Issues
§ 55.1 Introduction
§ 55.2 Potential Risk of Abduction
§ 55.3 Abduction Risk Factors
§ 55.4 Preventive Measures
§ 55.5 Additional Resources
§ 55.11 International Adoptions and U.S. Citizenship
§ 55.12 Registration of Foreign Order
§ 55.13 New Birth Certificate
§ 55.14 Domestic Adoption of Foreign-Born Children
§ 55.21 Hague Convention
§ 55.22 International Child Abduction Remedies Act
§ 55.23 Application of Hague Convention
§ 55.24 Central Authority
§ 55.25 Habitual Residence
§ 55.26 Wrongful Removal or Retention; Rights of Custody; Rights of Access
§ 55.27 Administrative Remedy
§ 55.28 Judicial Remedy
Useful Web Sites
Chapter 56 Miscellaneous SAPCR and Other Child-Related Forms
Chapter 60 Adoption of Adult
§ 60.1 Pleadings
§ 60.2 Who May Adopt
§ 60.3 Consent
§ 60.4 Hearing
§ 60.5 Effect of Adoption Order
§ 60.6 No Change of Name
Chapter 61 Miscellaneous Litigation
§ 61.1 Bill of Review
§ 61.2 Breach of Contract
§ 61.3 Change of Name of Adult
§ 61.4 Change of Name of Child
§ 61.5 Hardship Driver’s License
§ 61.6 Postdivorce Property Division
§ 61.7 Removal of Disabilities of Minority
§ 61.8 Harassing Behavior
§ 61.9 Interference with Possessory Interest in Child
§ 61.10 Declaratory Judgment
Chapter 62 Annulment and Suit to Declare Marriage Void
§ 62.1 Void and Voidable Marriages
§ 62.11 Caption
§ 62.12 Jurisdiction
§ 62.13 Jurisdiction over Nonresidents
§ 62.14 Venue
§ 62.15 Grounds
§ 62.16 Limitation of Actions
§ 62.17 Pleadings
§ 62.18 Children
§ 62.19 Temporary Orders
§ 62.20 Orders Protecting against Family Violence
§ 62.21 Spousal Maintenance (Alimony)
§ 62.22 Property
§ 62.23 Change of Name
§ 62.24 Trial
§ 62.31 Caption
§ 62.32 Who May Bring Suit
§ 62.33 Jurisdiction
§ 62.34 Jurisdiction over Nonresidents
§ 62.35 Venue
§ 62.36 Grounds
§ 62.37 Limitations of Actions
§ 62.38 Pleadings
§ 62.39 Children
§ 62.40 Temporary Orders
§ 62.41 Orders Protecting against Family Violence
§ 62.42 Spousal Maintenance (Alimony)
§ 62.43 Property
§ 62.44 Change of Name
Chapter 63 Property Agreements
§ 63.1 Purpose of Agreement
§ 63.2 Precautions in Drafting
§ 63.11 Definitions
§ 63.12 Constitutional Basis
§ 63.13 Contents of Marital Property Agreements
§ 63.13:1 Generally
§ 63.13:2 Division of Future Earnings
§ 63.13:3 Division of Income from Separate Property
§ 63.13:4 Provisions Relating to Children
§ 63.13:5 Spousal Support
§ 63.13:6 Creditors’ Rights
§ 63.13:7 Waiver of Rights
§ 63.14 Formalities for Premarital Agreements
§ 63.15 Formalities for Agreements between Spouses and Partition and Exchange Agreements
§ 63.16 Formalities for Agreements between Spouses to Convert Separate Property to Community Property
§ 63.17 Burden of Proof for Enforcement
§ 63.18 Defenses
§ 63.19 Enforcement of Premarital Agreements
§ 63.20 Enforcement of Marital Property Agreements
§ 63.21 Enforcement of Agreement to Convert Separate Property to Community Property
§ 63.22 Waiver of Disclosure of Financial Information
§ 63.23 Waiver of Retirement Benefits
§ 63.24 Declaratory Judgment
§ 63.25 Recording and Notice to Creditors
§ 63.26 Arbitration
Useful Web Sites