Texas Family Law

Front 1

Family Law: What is the three part test for common-law marriage in Texas?

Back 1

1. Agreed to be married.
2. Cohabitated.
3. Held out that they were married. (single act may be sufficient)

Front 2

Family Law: What is the presumption against a common law marriage?

Back 2

If action to prove CL marriage not brought within 2 years after separation, presumption is that parties had not agreed to be married.

Front 3

Family Law: What are the two circumstances that make a marriage void?

Back 3

1. Bigamy.
2. Consanguinity

Front 4

Family Law: When is a suit to annul a marriage valid?

Back 4

At the time of the marriage:
1. Peitioner was under the influence of alcohol or narcotics and did not have capacity.
2. Impotency not known.
3. Fraud, duress, or force.

Front 5

Family Law: What is the ground for no-fault divorce? The defense?

Back 5

1. The marriage has become insupportable.
2. Reasonable expectation of reconciliation.

Front 6

Family Law: What is the jurisdiction requirement for divorce?

Back 6

At least one party must be domiciliary of Texas for precedining six months, and resident of county for preceding 90 day period.

Front 7

Family Law: What are five things which establish a father-child relationship?

Back 7

1. Unrebutted presumption of the man's paternity.
2. Acknowledgment of paternity.
3. Adjudication
4. Adoption
5. Consent to assisted reproduction.

Front 8

Family Law: What are the two ways to rebut the presumption of paternity?

Back 8

1. Genetic test results.
2. Written denial in conjunction with written acknowledgment of another man.

Front 9

Family Law: What is a SAPCR?

Back 9

A suit affecting the parent-child relationship, in which all of the issues affecting the parent-child relationship.

Front 10

Family Law: For what reasons is a party in a SAPCR entitled to a jury verdict?

Back 10

1. Appointment of managing conservators (sole or joint)
2. Which joint managing conservator has exclusive right to designate primary residence.
3. Geographic area of child's primary residence

Front 11

Family Law: What must a final order in a SAPCR tied to a dissolution proceeding incorporate?

Back 11

A parenting plan that sets out the parties' rights and duties.

Front 12

Family Law: What is the primary consideratoin of the court when determining questions of conservatorship, possession, and support of and access to the child?

Back 12

The best interest of the child.

Front 13

Family Law: What jurisdiction does a court have after entering a final decree in a SAPCR?

Back 13

Continuing, exclusive jurisdiction of all parties an dmatters in connection with the child. (Can be transferred with a transfer order.)

Front 14

Family Law: What is the term for the noncustodial parent with visiting rights?

Back 14

Possessory Conservator.

Front 15

Family Law: What are the three grounds for modifying an order establihsinhg conservatorship or possession and access.

Back 15

1. Circumstances materially and substantiallly changed.
2. Child is 12 and has a preferred residence.
3. Designated conservator voluntarily relinquished care and possession of child for 6+ months.

Front 16

Family Law: What pages should be reviewed in the Conviser?

Back 16

13-18.

Front 17

Family Law: What is the primary test for home state jurisdiction under the UCCJEA?

Back 17

Court has jurisdiction if state is (1) child's home state, or (2) was child's home state w/in past 6 mos & child absent from the state, but parent or guardian lives in state.

Front 18

Family Law: What is a child's home state under the UCCJEA?

Back 18

The state in which the child lived with a parent or guardian for at least six consecutive months immediately before the commencement of the proceeding.

Front 19

Family Law: When does a court have jurisdiction if the home state rule does not apply (because no other state has or accepts home state jurisdication)

Back 19

1. Child and at least one parent have a significant connection with the state, AND
2. Substantial evidence concerning the child is available in the state.

Front 20

Family Law: When may a court, having jurisdiction under the home state or exception, decline such jurisdiction?

Back 20

1. Inconvenient forum.
2. Party seeking to invoke jurisdiction engaged in unjustifiable conduct.

Front 21

Family Law: What are the statutory guidelines for the amount of child support?

Back 21

1 child = 20% obligor's net resources.
2-5 children = 5% more each child.
5+ - not less than 40%

Front 22

Family Law: What is the cap for net resources?

Back 22

$7500/month.