Texas Family Law

Front 1

Does Texas recognize common law marriages?

Back 1

Yes

Front 2

What factors must be shown to establish a common law marriage?

Back 2

1. "Agreed to be married"
2. Lived together as husband and wife - ("Cohabitation")
3. Represented to others that they were married ("holding out")

Front 3

What are examples that may support a finding of "holding out to others" so as to establish a common law marriage?

Back 3

A single public act, such as signing a mortgage or a credit application as "husband and wife," may support a finding of common law marriage

Front 4

Is direct evidence of an agreement to married required?

Back 4

No direct evidence of an agreement to be married may be required, because the court may infer such an agreement if the other two elements of a common law marriage are proved

Front 5

What residency requirements must be met before a suit for divorce may be maintained in Texas?

Back 5

1. One party must be a Texas domiciliary for six months or longer;

2. One party must be a county resident for at least 90 in the county where suit is filed.

(Personal jurisdiction over the nonresident spouse is not required)
(Pe

Front 6

What are the circumstances in which a child may be adopted?

Back 6

1. both of the child's parents have died;
2. the parent-child relationship to both parents has been severed;
3. A step-parent wants to adopt the child;
4. The child is two years old and a former step-parent wants to adopt the child and has had possession of the child for a specified period of time

Front 7

How long must a child reside with the adoptive parents before a final decree of adoption can be entered?

Back 7

Must reside with the child for SIX MONTHS

Front 8

How are adoption orders specifically protected from attack?

Back 8

They are not subject to direct or collateral attack six months after the order is entered

Front 9

What are some of the grounds for involuntary termination of the parent-child relationship?

Back 9

1. Abandonment
2. Neglect
3. Abuse
4. Failure to support for one year
5. Precipitous abandonment
6. Abandonment by father during pregnancy
7. Parental misconduct
8. Use of a controlled substance so as to endanger the child's health and safety
Parenal

Front 10

Must termination of the parent-child relationship be in the child's best interest?

Back 10

Yes

Front 11

What proof of the ground for an involuntary termination is required?

Back 11

Must be clear and convincing evidence

Front 12

When is consent to adoption required?

Back 12

1. Child over age 12 (unless the court finds it in the child's best interest to waive consent)

2. Child's managing conservator

3. The spouse of a step-parent (the petitioner) that wants to adopt the child

Front 13

What steps must a court take upon receiving a petition to adopt a child?

Back 13

The court must order a social study into the circumstances and conditions of the potential home

Front 14

What reports must the adoption agency file?

Back 14

It must file a social, health, educational, and genetic history report of the child.

It must also include any known history of abuse of the child.

Front 15

Must the adoption agency reports be made available to the adoptive parents?

Back 15

Yes

Once it is edited to protect the confidentiality of the birth parents

Front 16

What reports must the adoptive parents provide?

Back 16

A criminal history report

Front 17

Designation of the parent awarded custody

Back 17

Sole managing conservator

Front 18

Designation of a parent with visitation rights

Back 18

Possessory conservator

Front 19

Designation if the parents are awarded joint custody

Back 19

Joint managing conservators

Front 20

What is a SAPCR?

Back 20

Suit Affecting the Parent-Child Relationship

Front 21

Judicial Preferences in Family Law

Back 21

1. Appoint of a parent as managing conservator

2. Custody of two or more children should not be split

Front 22

Who is entitled to possession of the child upon the death of the managing conservator?

Back 22

The surviving parent

Front 23

When may a child choose the managing conservator?

Back 23

If the child is 12 or older he may choose the managing conservator in a writing filed with the court, subject to approval by the court

Front 24

When may the court deny possession of or access to a child to either or both parents?

Back 24

If it finds that parental possession or access is not in the best interest of the child and would endanger the physical or emotional welfare of the child

Front 25

What are the rights, duties, and powers of the possessory conservator during the period that the child is in his or her possession?

Back 25

1. Duty of care, control, protection and reasonable discipline

2. Duty to provide clothing, food, and shelter

3. Power to consent to medical and surgical treatment during an emergency involving an immediate danger to the child's health and safety

4. Right of access to the child's medical, dental, and educational records to the same extent as the managing conservator

Front 26

Who may file a paternity suit?

Back 26

The child's mother, the alleged father, or by an appropriate division of government

Front 27

What happens if the petitioner refuses to submit to a blood test?

Back 27

The court shall dismiss the suit

Front 28

When may a default judgment be entered against the father without the necessity of a blood test?

Back 28

If the alleged father does not answer or contest the proceedings

Front 29

What are the consequences if the respondent in a paternity suit refuses to submit to a blood test?

Back 29

The order is punishable by contempt

Front 30

May the fact that the respondent refused to submit to a blood test be introduced into evidence?

Back 30

yes

but only for the limited purpose of showing "that the alleged father is not precluded from being the father of the child"

Front 31

What is the primary purpose of the blood test?

Back 31

To exclude wrongfully accused, innocent males

Front 32

What occur after completion of the blood tests?

Back 32

Pretrial conference is held

If the blood tests are negative with respect to the main, the paternity suit is dismissed w/ prejudice

If the blood tests are positive, the case is set for trial

Front 33

If the blood tests show the possibility of the alleged father's paternity, may the court admit this evidence?

Back 33

Yes

The court may admit this evidence if offered at trial

Front 34

When may a grandparent seek appointment as managing conservator of a child?

Back 34

Only when the grandparent alleges that the child's parents create an environment which presents a serious and immediate question as to the child's physical health and welfare

Front 35

What happens when the child support obligor dies?

Back 35

The remaining payments accelerate (must become due immediately) upon the obligor's death

(this is a recent change in the law, previously the child support obligee was limited to receiving the payments from the obligor's estate on the scheduled basis)

Front 36

May the court order the child support obligor to obtain and maintain a life insurance policy for the child?

Back 36

Yes

Front 37

Is there a right to a jury trial in an adoption proceeding?

Back 37

No right to a jury trial

Front 38

What persons have the right to contest an adoption?

Back 38

1. The child's managing conservator.

2. The child's possessory conservator.

3. Any person with court-ordered access to the child or who is required by the court to support the child.

4. The guardian of the child's person or estate.

5. A parent whose relationship with the child has not been terminated.

Front 39

What is the primary issue in adoption cases?

Back 39

Whether adoption is in the best interests of the child

Front 40

What does the petitioner have to establish before the adoption will be granted?

Back 40

1. Child has resided with petitioner for six months (court can waive this)

2. Child over age 12 has consented to adoption (court can waive this)

3. Court-appointed managing conservator consents (court can waive this)

4. Join any necessary parties (e.g. if petitioner is a step-parent his wife must join)

Front 41

Where can a suit for adoption be brought in Texas?

Back 41

1. In the county where the child resides; or

2. The county where the petitioners reside

Front 42

When may a child be adopted in Texas?

Back 42

1. Both parents are dead

2. Parent-child relationship has been terminated (one parent or both)

3. When a step-parent currently married to child's parent wants to adopt the child

4. When a child's former step-parent wants to adopt

Front 43

When can a former step-parent adopt a child?

Back 43

1. Child is at least 2 years old

2. The parent-child relationship has been terminated w/ respect to one parent; and

3. Former step-parent has been the child's managing conservator or has had actual care, possession, and control of the child for at least 6 months (if nonterminated parent consents) or one year (if nonterminated parent does not consent)

Front 44

What is spousal maintenance?

Back 44

Periodic payments made by one spouse to another after divorce

(this is not called alimony)

Front 45

Is alimony recognized in Texas?

Back 45

Court-ordered alimony is not recognized in Texas

Texas courts will, however, incorporate contractual alimony (agreement between the parties themselves) into the court order

Front 46

When can the court order spousal maintenance?

Back 46

The court may award spousal maintenance only if:

1. The duration of marriage was 10 years or longer;

2. The spouse seeking maintenance lacks sufficient property to provide for her minimum needs; and

3. The spouse seeking maintenance has (1) an incapacity that existed before the decree was entered, (2) is the custodian of a child who requires substantial care, or (3) lacks earning ability