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Texas Family Law Practice and Procedure
Author(s):
Justice Ann Crawford McClure
(Author),
Sally Holt Emerson, Esq.
(Author),
Brian L. Webb, Esq.
(Author)
Combines both substantive and procedural explanations of Texas family law with practical tips and forms from leading Texas family law practitioners.
Publisher: Matthew Bender Elite Products
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Texas Family Law Practice and Procedure combines both substantive and procedural explanations of Texas family law with practical tips and forms from leading Texas family law practitioners. It is a more authoritative, in-depth publication than the competing West product. These volmes provide task-based pointers and leading legislative and case analysis. Texas family law attorneys and their research staffs will appreciate unmatched coverage of the issues and legal expert guidance for completing any transaction involving Texas family law.
Texas Family Law Practice and Procedure includes every aspect of family law covered by the Texas Family Code as well as related matters, such as:
• Premarital Agreements
• Adoption
• Conservatorship and Guardianship
• Dividing Community Property
• Torts and the Family
• Marital Property Agreements
• Cohabitation
• Interstate Support Enforcement and Modification
• Paternity
• Children's Issues
Uniquely organized by attorneys for attorneys, Texas Family Law Practice and Procedure is a primary resource for locating case and statute citations, accessing various family law forms and reviewing practical commentary. Information is organized in the same, familiar format in which attorneys practice. Objectives are presented followed by specific tasks required to achieve them. In addition, each delineated task includes references to the most current and useful State Bar CLE materials, legal periodicals, and ALR Annotations. This convenient organizational method saves countless hours while providing relevant information on the subject at hand.
Texas Family Law Practice and Procedure's practical organization, along with its comprehensive scope, affords the user increased precision and accuracy when preparing for transactions and litigation under any circumstance involving Texas family law.
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Objective A: Contracting With the Client
Task A1. Exchanging Basic Information in Initial Interview
Task A2 Deciding to Accept the Case
Task A3 Executing Initial Documents; Fee Agreements
Task A4 Obtaining Detailed Information
Objective B: Ascertaining Rights of Parties
Task B1 Establishing the Marriage Relationship
Task B2 Determining Custody of Children
Task B3 Calculating Child Support
Task B4 Determining Spousal Support and Maintenance
Task B5 Characterizing Property of Parties
Task B6 Valuing Assets
Task B7 Dividing Community Property
Objective C: Initiating Action for Dissolution of Marriage
Task C1 Determining Jurisdiction and Venue
Task C2 Determining Grounds for Divorce
Task C3 Drafting the Petition and Sapcr
Task C4 Filing and Serving the Petition
Task C5 Moving to Transfer Sapcr
Task C6 Obtaining Temporary Orders
Task C7 Modifying Temporary Orders
Objective D: Responding to Petition for Dissolution
Task D1 Assessing Responsive Options
Task D2 Making Nonresident Respondent's Special Appearance
Task D3 Abating Proceedings
Task D4 Filing Original Answer and Counter-Petition
Objective E: Bringing Case to Trial
Task E1 Conducting Discovery
Task E2 Settling the Case; Agreements Incident to Divorce
Task E3 Using Alternative Dispute Resolution Methods
Task E4 Amending Pleadings
Task E5 Making Pretrial Motions and Other Preliminary Matters
Task E6 Trying Case Before a Jury
Task E7 Obtaining Court-Ordered Attorney's Fees and Costs
Objective F: Finalizing the Case
Task F1 Preparing the Final Decree
Task F2 Concluding Client Matters
Objective G: Obtaining Post-Trial and Appellate Review
Task G1 Moving for New Trial
Task G2 Identifying Appealable Orders
Task G3 Bringing Appeal in Court of Appeals
Task G4 Proceeding on Appeal in Supreme Court
Task G5 Seeking Writ of Mandamus
Task G6 Bringing Restricted Appeal
Task G7 Seeking Equitable Bill of Review
Objective H: Modifying the Sapcr Decree
Task H1 Determining Sapcr Modification Jurisdiction
Task H2 Initiating Sapcr Modification Proceedings
Task H3 Conducting Sapcr Modification Proceedings
Task H4 Establishing Grounds for Modification of Conservatorship
Task H5 Establishing Grounds for Modification of Child Support
Task H6 Obtaining Order Modifying Sapcr Order
Task H7 Challenging Continuing, Exclusive Jurisdiction, Venue, and Standing
Task H8 Preparing Answer
Objective I: Modifying and Enforcing Spousal Support
Task I1 Modifying Spousal Support
Task I2 Enforcing Contractual Alimony and Spousal Maintenance
Task I3 Enforcing Spousal Maintenance Through Order or Writ of Withholding
Objective J: Enforcing Child Support Decree
Task J1 Choosing Which Remedies to Seek in Motion to Enforce Child Support
Task J2 Bringing Motion for Contempt and Other Remedies
Task J3 Preparing and Implementing Contempt and Other Enforcement Orders
Task J4 Enforcing Child Support Through Writ of Withholding
Task J5 Enforcing Child Support Through Child Support Lien
Task J6 Suspending License
Task J7 Advising Client of Additional Remedies for Enforcing Child Support
Objective K: Enforcing Conservatorship Decree
Task K1 Obtaining Writ of Habeas Corpus Compelling Return of Child
Task K2 Enforcing Conservatorship Order By Contempt
Task K3 Determining Potential Criminal Sanctions
Task K4 Bringing Suit for Interference With Possessory Rights
Task K5 Obtaining Remedies Under Hague Convention
Task K6 Enforcing Interstate Custody Orders Under Uccjea
Objective L: Enforcing Property Division
Task L1 Obtaining Post-Judgment Enforcement in Dissolution Suit
Task L2 Protecting Property During Enforcement Proceedings
Task L3 Pursuing Alternative Enforcement Proceedings
Objective M: Handling Interstate Support Enforcement and Modification
Task M1 Choosing Method for Interstate Enforcement or Modification of Decree
Task M2 Processing Uniform Interstate Family Support Act (Uifsa) Litigation
Task M3 Using Uniform Enforcement of Foreign Judgments Act (Uefja)
Objective N: Defending Against Enforcement Proceedings
Task N1 Defending Against Sapcr Enforcement
Task N2 Defending Against Enforcement of Spousal Maintenance
Task N3 Defending Against Enforcement of Property Division
Task N4 Defending Against Enforcement or Modification of Foreign Decree
Task N5 Obtaining Discharge in Bankruptcy
Objective O: Dividing Property Post-Dissolution
Task O1 Determining Right to Post-Dissolution Property Division
Task O2 Identifying Types of Divisible Property
Task O3 Initiating Action for Post-Dissolution Property Division
Task O4 Responding to Action for Post-Dissolution Property Division
Objective P: Obtaining Protective Orders Against Family Violence
Task P1 Determining Whether to Seek Protective Order
Task P2 Following Procedure to Obtain Protective Order
Objective Q: Annulling the Marriage
Task Q1 Determining Grounds for Annulment
Task Q2 Initiating and Responding to Suit for Annulment
Objective R: Determining Parentage
Task R1 Understanding Legal Relationship Between Father and Child
Task R2 Making Preliminary Determinations Regarding Parentage Suit
Task R3 Initiating Parentage Suit
Task R4 Conducting Paternity Suit
Task R5 Responding to Paternity Suit
Task R6 Obtaining Order Adjudicating Parentage
Objective S: Terminating Parental Rights
Task S1 Initiating Termination Suit
Task S2 Conducting Termination Suit
Task S3 Establishing Grounds for Termination
Task S4 Responding to Termination Suit
Task S5 Obtaining Final Order in Termination Suit
Objective T: Adopting a Minor or An Adult
Task T1 Understanding Child Adoption
Task T2 Making Preliminary Determinations Regarding Child Adoption Proceedings
Task T3 Initiating Child Adoption Proceedings
Task T4 Conducting Child Adoption Proceedings
Task T5 Obtaining Final Order in Child Adoption Proceedings
Task T6 Adopting An Adult
Objective U: Emancipating a Minor
Task U1 Understanding Disabilities of Minors
Task U2 Disaffirming or Ratifying Contracts of Minor
Task U3 Removing Disabilities of Minor
Objective V: Making and Enforcing Premarital Agreement
Task V1 Creating Premarital Agreement
Task V2 Enforcing Premarital Agreement
Objective W: Making and Enforcing Cohabitation Agreement
Task W1 Planning Cohabitation Agreement
Task W2 Creating Cohabitation Agreement
Task W3 Enforcing Cohabitation Agreement
Objective X: Making and Enforcing Marital Property Agreement
Task X1 Planning Marital Property Agreement
Task X2 Creating Marital Property Agreement
Task X3 Enforcing Marital Property Agreement
Task X4 Creating Separation Agreement
Objective Y: Appointing Guardian for Minor
Task Y1 Guardianship Planning
Task Y2 Obtaining Guardian's Appointment
Task Y3 Performing Guardian's Legal Duties
Task Y4 Moving or Terminating Guardianship
Objective Z: Changing Name
Task Z1 Changing Name of Adult
Task Z2 Changing Name of Child
Task A1. Exchanging Basic Information in Initial Interview
Task A2 Deciding to Accept the Case
Task A3 Executing Initial Documents; Fee Agreements
Task A4 Obtaining Detailed Information
Objective B: Ascertaining Rights of Parties
Task B1 Establishing the Marriage Relationship
Task B2 Determining Custody of Children
Task B3 Calculating Child Support
Task B4 Determining Spousal Support and Maintenance
Task B5 Characterizing Property of Parties
Task B6 Valuing Assets
Task B7 Dividing Community Property
Objective C: Initiating Action for Dissolution of Marriage
Task C1 Determining Jurisdiction and Venue
Task C2 Determining Grounds for Divorce
Task C3 Drafting the Petition and Sapcr
Task C4 Filing and Serving the Petition
Task C5 Moving to Transfer Sapcr
Task C6 Obtaining Temporary Orders
Task C7 Modifying Temporary Orders
Objective D: Responding to Petition for Dissolution
Task D1 Assessing Responsive Options
Task D2 Making Nonresident Respondent's Special Appearance
Task D3 Abating Proceedings
Task D4 Filing Original Answer and Counter-Petition
Objective E: Bringing Case to Trial
Task E1 Conducting Discovery
Task E2 Settling the Case; Agreements Incident to Divorce
Task E3 Using Alternative Dispute Resolution Methods
Task E4 Amending Pleadings
Task E5 Making Pretrial Motions and Other Preliminary Matters
Task E6 Trying Case Before a Jury
Task E7 Obtaining Court-Ordered Attorney's Fees and Costs
Objective F: Finalizing the Case
Task F1 Preparing the Final Decree
Task F2 Concluding Client Matters
Objective G: Obtaining Post-Trial and Appellate Review
Task G1 Moving for New Trial
Task G2 Identifying Appealable Orders
Task G3 Bringing Appeal in Court of Appeals
Task G4 Proceeding on Appeal in Supreme Court
Task G5 Seeking Writ of Mandamus
Task G6 Bringing Restricted Appeal
Task G7 Seeking Equitable Bill of Review
Objective H: Modifying the Sapcr Decree
Task H1 Determining Sapcr Modification Jurisdiction
Task H2 Initiating Sapcr Modification Proceedings
Task H3 Conducting Sapcr Modification Proceedings
Task H4 Establishing Grounds for Modification of Conservatorship
Task H5 Establishing Grounds for Modification of Child Support
Task H6 Obtaining Order Modifying Sapcr Order
Task H7 Challenging Continuing, Exclusive Jurisdiction, Venue, and Standing
Task H8 Preparing Answer
Objective I: Modifying and Enforcing Spousal Support
Task I1 Modifying Spousal Support
Task I2 Enforcing Contractual Alimony and Spousal Maintenance
Task I3 Enforcing Spousal Maintenance Through Order or Writ of Withholding
Objective J: Enforcing Child Support Decree
Task J1 Choosing Which Remedies to Seek in Motion to Enforce Child Support
Task J2 Bringing Motion for Contempt and Other Remedies
Task J3 Preparing and Implementing Contempt and Other Enforcement Orders
Task J4 Enforcing Child Support Through Writ of Withholding
Task J5 Enforcing Child Support Through Child Support Lien
Task J6 Suspending License
Task J7 Advising Client of Additional Remedies for Enforcing Child Support
Objective K: Enforcing Conservatorship Decree
Task K1 Obtaining Writ of Habeas Corpus Compelling Return of Child
Task K2 Enforcing Conservatorship Order By Contempt
Task K3 Determining Potential Criminal Sanctions
Task K4 Bringing Suit for Interference With Possessory Rights
Task K5 Obtaining Remedies Under Hague Convention
Task K6 Enforcing Interstate Custody Orders Under Uccjea
Objective L: Enforcing Property Division
Task L1 Obtaining Post-Judgment Enforcement in Dissolution Suit
Task L2 Protecting Property During Enforcement Proceedings
Task L3 Pursuing Alternative Enforcement Proceedings
Objective M: Handling Interstate Support Enforcement and Modification
Task M1 Choosing Method for Interstate Enforcement or Modification of Decree
Task M2 Processing Uniform Interstate Family Support Act (Uifsa) Litigation
Task M3 Using Uniform Enforcement of Foreign Judgments Act (Uefja)
Objective N: Defending Against Enforcement Proceedings
Task N1 Defending Against Sapcr Enforcement
Task N2 Defending Against Enforcement of Spousal Maintenance
Task N3 Defending Against Enforcement of Property Division
Task N4 Defending Against Enforcement or Modification of Foreign Decree
Task N5 Obtaining Discharge in Bankruptcy
Objective O: Dividing Property Post-Dissolution
Task O1 Determining Right to Post-Dissolution Property Division
Task O2 Identifying Types of Divisible Property
Task O3 Initiating Action for Post-Dissolution Property Division
Task O4 Responding to Action for Post-Dissolution Property Division
Objective P: Obtaining Protective Orders Against Family Violence
Task P1 Determining Whether to Seek Protective Order
Task P2 Following Procedure to Obtain Protective Order
Objective Q: Annulling the Marriage
Task Q1 Determining Grounds for Annulment
Task Q2 Initiating and Responding to Suit for Annulment
Objective R: Determining Parentage
Task R1 Understanding Legal Relationship Between Father and Child
Task R2 Making Preliminary Determinations Regarding Parentage Suit
Task R3 Initiating Parentage Suit
Task R4 Conducting Paternity Suit
Task R5 Responding to Paternity Suit
Task R6 Obtaining Order Adjudicating Parentage
Objective S: Terminating Parental Rights
Task S1 Initiating Termination Suit
Task S2 Conducting Termination Suit
Task S3 Establishing Grounds for Termination
Task S4 Responding to Termination Suit
Task S5 Obtaining Final Order in Termination Suit
Objective T: Adopting a Minor or An Adult
Task T1 Understanding Child Adoption
Task T2 Making Preliminary Determinations Regarding Child Adoption Proceedings
Task T3 Initiating Child Adoption Proceedings
Task T4 Conducting Child Adoption Proceedings
Task T5 Obtaining Final Order in Child Adoption Proceedings
Task T6 Adopting An Adult
Objective U: Emancipating a Minor
Task U1 Understanding Disabilities of Minors
Task U2 Disaffirming or Ratifying Contracts of Minor
Task U3 Removing Disabilities of Minor
Objective V: Making and Enforcing Premarital Agreement
Task V1 Creating Premarital Agreement
Task V2 Enforcing Premarital Agreement
Objective W: Making and Enforcing Cohabitation Agreement
Task W1 Planning Cohabitation Agreement
Task W2 Creating Cohabitation Agreement
Task W3 Enforcing Cohabitation Agreement
Objective X: Making and Enforcing Marital Property Agreement
Task X1 Planning Marital Property Agreement
Task X2 Creating Marital Property Agreement
Task X3 Enforcing Marital Property Agreement
Task X4 Creating Separation Agreement
Objective Y: Appointing Guardian for Minor
Task Y1 Guardianship Planning
Task Y2 Obtaining Guardian's Appointment
Task Y3 Performing Guardian's Legal Duties
Task Y4 Moving or Terminating Guardianship
Objective Z: Changing Name
Task Z1 Changing Name of Adult
Task Z2 Changing Name of Child