Happy Independence Day! Late last week, the Texas Supreme Court issued a number of opinions relating to family law. We'll give a brief summary of the outcomes below.

In the first case, In re Marriage of I.C., a woman blew her chance at a $5,000,000 lump-sum payout upon entry of divorce. She and her husband had signed a premarital agreement providing that she would receive $5,000,000 if the two of them were to divorce.

In a case similar to In The Interest Of M.M., A Child, the Supreme Court of Texas again addressed this situation in In The Interest of K.S.L., A Child.

In this case, both parents were involved.  And there was already an open case involving an older daughter when the Department of Family Protective Services filed suit on behalf of K.S.L., an infant.  The Department named several incidents including possessing, using, and selling illegal drugs and a high-speed police chase with the children in the car.  Both parents were represented by counsel and  signed affidavits of voluntary relinquishment of parental rights.  The caseworker testified that termination was in the best interest of the child and that arrangements were made for the uncle to adopt the child.  The trial court found that termination was in the best interest of the child and that both parents had signed irrevocable affidavits relinquishing parental rights.  Final judgment was entered terminating parental rights. 

Days later, both parents changed their minds.  They appealed arguing the evidence was insufficient to prove child's best interest.  Read more to find out what happened.

The Supreme Court of Texas addressed a situation like this on December 22 issuing it's opinion for In the Interest of M.M., a Child.  

​In the trial court, it was revealed that the mother had a history of drug use, had been incarcerated for heroin use, was recently seen using heroin, and that a cigarette burn was found on the 2 year old child's arm.  The Department of Family Protective Services filed a petition with respect to the child and expressed doubts regarding the mother's mental stability.   The mother voluntarily signed an affidavit of relinquishment of parental rights under section 161.103 of the Family Code and testified that she believed doing so was in the best interest of her child.  The caseworker also testified that relinquishment was in the best interest of the child who was in a safe and secure home with the grandmother.  The trial court rendered final judgment terminating parental rights.

The mother changed her mind and appealed.  Read more to see what happened.

This might sound unlikely, but it does come up. What can a couple do if they have already finalized their divorce, and they decide they made a mistake? Can they remain married? Can they annul the divorce? Keep reading to find out.

My child's dad hasn't been around for years and he's behind on child support. The State is taking him to court to enforce the support arrearage, but how do I report to the court that he hasn't even visited his child for years?

My wife made criminal accusations against me and filed for a divorce and TRO. The TRO affidavits were based on those criminal charges. Two years later, those criminal charges have been dismissed. How do I get the TRO dropped? Keep reading for more.

I'm unmarried, and we have no contact with the child's father or his family. Is it necessary to terminate his parental rights? Read more for the answer.

Q: Not long after my girlfriend and I broke up she married another man, and they had a daughter. His name is on the birth certificate. Problem is my ex girlfriend was pregnant before the marriage, and based on the timing, I think I'm the father. What can I do to prove she's my daughter and get my parental rights? Keep reading for more.

How does adding your spouse's name to the deed for your separate property affect the characterization of that property? Does putting your spouse's name on the deed make the property community property?

Q: I've been told that once I become married, everything will become community property. Is this right? I have a house I've already paid off. My fiance also has her own house, and she's almost paid off the mortgage. Is it true that these houses will become community property once we're married? What will my fiance's house be if I make some of the mortgage payments after we're married?

If you are a man who is paying child support for a child who isn't yours, you may be able to terminate your child support obligations.

In 2011, the 82nd Texas Legislature recognized the problem of paternity fraud in Texas and passed Senate Bill 785 into law. The law, amending Texas Family Code §§ 154.006, 161.005, etc., and later amended in 2013 by House Bill 154, provides a legal remedy for victims of paternity fraud who were tricked into paying child support for children who are not theirs.

If someone made misrepresentations to you that led you to believe you were the father of a child, and because you thought you were the father, you either signed an acknowledgement of paternity or you failed to defend yourself in a court case establishing you as the father and ordering child support, then you may be able to file a lawsuit to terminate child support payments once and for all.

On May 12, 2011 the paternity fraud statute went into effect. Under Texas Family Code §161.005, a man can file a suit to terminate the parent-child relationship and end his child support obligations if he satisfies certain legal requirements. Generally, the man must have either signed an acknowledgement of paternity without first obtaining a DNA test, or a court must have determined he was the father in an earlier case in which DNA testing was not performed. The man must also have signed the acknowledgement of paternity or failed to challenge the original court case establishing him as the father, because he was led to believe he was the child's father based on misrepresentations made to him at the time.

As the law is written, it doesn't matter whether the misrepresentations were intentional or accidental. The mother might have lied and intentionally deceived the man, or she might have sincerely believed the man was the father. It wouldn't make a difference. The law is also silent when it comes to who made the misrepresentations. It could have been the mother, a family member, a friend, or someone else.

Once the Petition is filed, the court will hold a pretrial hearing. At the pretrial hearing, if the man establishes a meritorious prima facie case, then the court will order a DNA test of the man and the child. If the DNA test results prove the man is not the father of the child, then the court will order the parent child relationship (and child support payments) terminated. If the DNA test results establish the man is the father of the child, the man may have the option of a second DNA test to be certain there wasn't a mistake.

Currently, a victim of paternity fraud must file his lawsuit within two years from the time he becomes aware of the facts which indicate he is not the father of the child. If he doesn't meet this deadline, then he loses forever the protection afforded him in §161.005. Therefore, it is essential for any man who thinks he is the victim of paternity fraud to contact a lawyer immediately before his rights are lost. For victims of paternity fraud, every day of delay means more money wrongfully taken.

Under Texas law, a surviving spouse has a life estate in the marital homestead. This life estate gives the surviving spouse a right to live there for so long as she lives or until she chooses to move out.

First, what is a marital homestead? Generally, the marital homestead is real property and any improvements placed on it that's used by a married couple as their home. What qualifies as a homestead depends on whether the real property is urban or rural. Urban areas are those which are located within a municipality's limits, extraterritorial jurisdiction, or platted subdivision; have a police force and either a paid or volunteer fire department; and have at least 3 of the following services through a municipality: electric, water, sewer, storm sewer, and natural gas. Homesteads located in urban areas, urban homesteads, are limited to 10 acres. For more on the definitions of urban homestead and rural homestead, see Article 16, Section 51 of the Texas Constitution; Tex. Prop. Code §41.002(a).

If the father was married at the time of his death, then his surviving spouse has a right to continue living in the home for so long as she chooses. Tex. Const. art. 16, §52; Tex. Est. Code §102.005. The fact that the father left the property to his child doesn't change this. See Tex. Est. Code §102.002.

Despite the protections from forced sale provided by the Texas Constitution, Property Code, and Estates Code, there are certain circumstances under which a forced sale is possible under Texas law. These and other legal options should be discussed in private with an attorney.

In Texas, your child is considered a minor until he turns 18 or is emancipated. Until this happens, you are generally legally responsible for him. This includes his attending school, damage he causes to others' property, etc.  

If your minor child wants to move out and you approve of this, then your child may file a petition to remove the disabilities of minority under Texas Family Code section 31.001 et seq. in your local family district court or other appropriate court. This petition must be verified by a parent, but not necessarily both parents. The petition to remove the disabilities of minority must  also provide 1) the name, age, and place of residence of the child, 2) the name and place of residence of each living parent, 3) the name and place of residence of the guardian of the person and the guardian of the estate, if any, 4) the name and place of residence of the managing conservator, if any, 5) the reasons why removal would be in the best interest of the minor, and 6) the purposes for which removal is requested. The court will then appoint an attorney to represent your child. If the court determines that emancipation is in the best interests of your child, then the court will order him emancipated. At this point, your child is considered an adult, and you're no longer legally liable for your child's decisions.

If your child under 17 moves out without your permission (runs away), this would be considered a status offense. The police could forcefully return your child to your home. After multiple incidents, your child could be considered a habitual runaway, and the state might get involved. Adults in Texas who allow a runaway child to live with them face charges of harboring a runaway under the Texas Penal Code among other charges.

The Court in reaching its opinion, noted other changes in the institution of marriage such as the decline of arranged marriages, invalidation of bans on interracial marriage and use of contraception, and abandonment of the law of coverture. Referring to other fundamental liberties protected by the Fourteenth Amendment that, under our current jurisprudence, extend to certain personal choices central to individual dignity and autonomy, including intimate choices defining personal identity and beliefs, The Court held that The Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state.

Read the Full Opinion Here.

I’ve been asked whether filing income tax returns as married filing jointly can create a common-law marriage in Texas.  The short answer is no.

How you filed your taxes is only one factor a court might consider in determining whether or not you had a common law marriage. It is not sufficient on its own.

There are 3 (really 4) elements that must be satisfied to establish a common-law marriage in Texas.  Generally, you must have both agreed to be married.  Next, you would have had to live together (cohabitated) as husband and wife.  Third, you must have held yourselves out to the public as husband and wife.  Not to be forgotten is the fourth requirement, you must have done all three of these things at the same time.  See Tex. Fam. Code §4.401(a)(2).

Generally, the state will also not recognize a marriage that is specifically prohibited or that is against public policy.  Examples would include incest or underage marriages.  See Tex. Fam. Code §§6.201-6.206.

Did you both intend to be married?  Did you live together as a married couple would?  Did you introduce each other at social events as husband and wife? Did you wear wedding rings? Did friends think you were married or consider the two of you to be married? Filing your taxes as married is certainly evidence of your agreement and intent to be married, but that is only one factor the court considers.

Let’s begin with some unfortunate truths.  Although many couples begin their marriages in love and with the best intentions, roughly half of marriages in the United States result in divorce.  For a married couple with a child, even the most civil and amicable of divorces will worry and frustrate their young child.

EARTH-SHATTERING CHANGE:

Children of divorcing parents are confronted with issues such as change and loss.  They may wonder where they will live, where they will go to school, whether they will lose their friends, whether they will lose their mother or their father, whether the divorce is their fault, whether mommy and daddy still love each other, and whether mommy and daddy still love them.  They will likely experience feelings of nervousness, worry, self-doubt, and insecurity.

All children are different, and thus, they react differently.  The child of a divorcing couple may act out by becoming more mischievous and defiant, or he may become more clingy and in need of attention.   The child might be openly sad or angry, or more isolated, quiet, and withdrawn.

WHAT CAN PARENTS DO?  Read more to find out.