Chris A. Spofford

The Texas Legislature made changes in 2011 that impact many in the area of Texas Family Law. All of these Texas Family Law updates are now in effect: Voluntary termination of parental rights for men mistakenly adjudicated a child’s biological father. Senate Bill 785, codified into §161.005 of the Texas Family Code and effective as of September 1, 2011, now enables a man who has been adjudicated by the court to be the father of a child, or who willingly executed an affidavit of paternity believing he was the father, to terminate his parental rights after learning that he is not the biological father of a child. Note that a petition to terminate parentage under this new law must be filed within one year of the date the father becomes aware of…

In addition to the changes I discussed in my earlier blog entitled “Texas Family Law changes by the Texas Legislature in 2011,” significant revisions were made to the Spousal Maintenance (Alimony) statute by the Texas Legislature in 2011. In 1997, the Texas Legislature passed the first Spousal Maintenance (Alimony) statute under Texas Family Law. Until 2011, that statute remained basically unchanged.  They made up for that in 2011. The primary changes cover: Duration of a Maintenance Order The most significant change was to increase the maximum duration of a spousal maintenance order. In the old statute, maintenance could not be ordered for more than three years, regardless of the length of the marriage, unless the spouse seeking maintenance could not meet minimum reasonable needs through appropriate employment or developing…

The role of Family Law mediator continues to grow in Texas Family Law Courts. Virtually all family courts in Harris and surrounding counties now require mediation prior to temporary hearings where the custody of children is in dispute, as well as prior to final trials. This is advantageous to the practice of Family Law for two reasons: mediation is a more effective method of dispute resolution than divorce litigation in most cases, and due to the vast overload of Family Law cases in Harris County courts, resolving disputes in mediation takes some of the pressure off our court dockets. Having a Family Law matter delayed because of overloaded courts is bad for families and not pleasant for Family Law attorneys either. Getting the most value out of the mediation process is my…

Texas Family Law The Texas Legislature made important changes to Texas Family Law in 2011 2011 was a busy session for the Texas Legislature, with legal changes that will affect many in the area of Texas Family Law. While some legislative changes this year are what I call “clean up legislation,” there are a few items of higher significance and this Blog will address these four topics: These Texas Family Law changes are currently in effect. In addition to these four topics, the Texas Legislature made important changes regarding alimony; we will address changes in the alimony statute in a separate Blog. The Texas Legislature meets every two years. During that period, they consider thousands of pieces of Texas Family Law legislation. Most do not become…