At least in the counties contained within the Houston First and Fourteenth Courts of Appeals, family court judges cannot grant relief unless there are pleadings asking for that relief or unless the issue was tried by consent. A recent case provides a surprisingly broad view of what constitutes a “pleading” that can justify granting relief […]
The next time a police officer tells you that a parent’s failure to return a child after visitation is “a civil matter,” remind the cop about Penal Code Sec. 25.03, which states: Sec. 25.03. INTERFERENCE WITH CHILD CUSTODY. (a) A person commits an offense if the person takes or retains a child younger than […]
Click here to download this article in PDF format: Injury Settlements Are Usually Community Property INJURY SETTLEMENTS ARE USUALLY COMMUNITY PROPERTY IN A TEXAS DIVORCE by Greg Enos February 2014 A spouse’s recovery for an injury claim is usually community property because most settlements mix all of the damage elements together in a single […]
Click here to read the October 26, 2013 story in the Houston Chronicle which profiles attorney Greg Enos and his efforts to reform the family courts in Harris County.
No judge or judicial candidate should want to read this headline: “Court of Appeals reverses judge who screwed gay dad.” Sadly, treating gays and lesbians unfairly is currently good politics if you are a Republican worried only about winning a primary in Texas. Sadder still is what happened to William Flowers in his modification lawsuit […]
Family attorneys often deal with causes of action that do not arise under the Family Code. For example, one spouse might sue the other spouse as part of a divorce for assault or breach of fiduciary duty. A new Texas Rule of Civil Procedure 91a applies to all cases, including those pending on March 1, […]
You do not need a transfer or an assignment from the Administrative Judge to allow another judge in the courthouse to sign an order for you if the judge of the court where your case is pending is not available (assuming the clerks and the other judge cooperates). Texas Government Code Sec. 79.094 says: Sec. […]
Thomas Jefferson owned at least five Latin editions of the On the Nature of Things written by the Roman philosopher Titus Lucretius Carus about 50 years before the birth of Jesus. Jefferson also owned translations of the poem in English, Italian and French. Jefferson, a founding father of the United States and writer of the […]
In court, attorneys should properly refer to the parties and witnesses as “Mr. Smith “ or “Dr. Green” or “Ms. Olivares.” Lawyers should not refer even to their own clients by just their first names in court. Attorneys often seem to forget that formality and decorum and politeness (not to mention civility) are both expected […]
This case shows how to overcome the presumption that when a spouse uses separate property to acquire land during the marriage and takes title to the land in the names of both the husband and wife, it is presumed that the interest given the non-purchasing spouse is a gift. Here, a trust was established in […]
