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Facts: A court order adjudicated Father to be the Child’s father, but the order did not address conservatorship. Subsequently, Father filed a suit affecting the parent child relationship (SAPCR) seeking sole managing conservatorship. A temporary order granted Father temporary sole managing conservatorship. Father had to get a writ of attachment to get possession of the Child from Mother. Subsequently, the SAPCR was dismissed for want of prosecution. A few years later, Mother drove to a hotel where the Child was staying with family and took the Child without giving notice to Father. Father filed another SAPCR seeking the exclusive right to designate the Child’s residence and sought to transfer the case to where the Child had been living for the prior six months. Mother alleged that transfer was inappropriate because the Child had been living illegally with Father. After a hearing, the trial court denied Father’s motion to transfer, so he filed a petition for writ of mandamus. Holding: Writ of Mandamus Conditionally Granted.  Opinion: Father’s affidavit averred that the Child had resided in another county for at least six months, and Mother did not controvert that fact. Although Mother may not have wanted the Child to go with Father, Father’s possession of the Child was not “illegal” because a temporary order gave him the right to designate the Child’s residence.  Family Law Section, State Bar of Texas  12/23/2015

In a recent case out of the Austin court of appeals, the Court found that no legal authority supported the husband’s claim that delivery of a gift could be made retroactive to an earlier date.  

Facts:

Long before the marriage, Wife’s grandparents started a family-owned and -operated manufacturing Business. It was incorporated and issued 100 shares of stock. The Business’s records were informally kept. During the marriage the Business was struggling and in debt. Husband was a computer programmer with a background in design. He worked for a plumbing and air conditioning contractor for $250,000 a year. Wife encouraged Husband to work at her family’s Business with her parents to help them improve the Business. Husband personally researched Texas property laws regarding community and separate property and learned that gifts were considered separate property. After discussing the situation with “lots of lawyer friends” and “lots of friends who had divorced,” he told Wife that he would work at her family’s Business only if 50% of the stock was his separate property. He did not recall whether he discussed his legal research with Wife. Subsequently, Husband agreed with Wife’s parents that he would work for the company on the condition that he be given 50 shares of stock as his separate property. Wife’s parents agreed but because Wife’s grandparents were still living, the parents did not own 50 shares of stock to transfer at that time.

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FAQ

This information is designed to assist you in answering some basic questions regarding family law issues.

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