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.

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Print Book:5 volumes; Loose-leaf; updated with current supplements
ISBN: 9780820517056
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ISBN: 9781579118242
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ISBN: 9781579118242
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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 volumes 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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Table of contents

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