Paternity

Court Emphasizes Importance of Honesty During Collaborative Law Divorce

Published on: February 15, 2016 | by Kate Mataya

A Court in Houston recently reinforced the importance of honesty and full disclosure during the Collaborative Law process when it found that a husband potentially committed fraud by failing to disclose changing job circumstances. See Rawls v. Rawls, 2015 WL 5076283 (Tex. App.–Houston [1st Dist.] 2015, no pet.).

A husband and wife in Houston chose to use Collaborative Law to complete their divorce proceedings in 2014. They successfully reached a settlement that included provisions for the wife to receive portions of her husband’s bonus over the next few years. Unfortunately, before the settlement agreement was signed, the husband received a job offer, which he failed to disclose to his wife, and he resigned from his job. Full and complete disclosures of such information is a critical part of the Collaborative Law process, because the goal is to make both parties feel safe to make informed decisions. The Houston Court is currently examining whether the husband committed fraud and breached a fiduciary duty under the Collaborative Law agreement he signed by concealing his job change from his former spouse during the collaborative law process. Continue Reading ›

LGBT Rights Still Likely to Remain an Issue after U.S. Supreme Court Decision

Published on: November 1, 2015 | by McClure Law Group

This past summer, the United States Supreme Court issued its landmark decision in Obergefell v. Hodges, which held that under the U.S. Constitution, no state may forbid same-sex couples from marrying and that no state may refuse to accept the legality of same-sex marriages performed elsewhere. This Supreme Court opinion, however, did not address issues regarding children of same-sex marriages/partnerships. As evidenced below, much work still remains to be done in this regard. Continue Reading ›

Twins With Two Different Dads, Not Impossible

Published on: May 11, 2015 | by Francesca Blackard

It’s called superfecundation– while fertile, if a woman sleeps with two men during the same fertility cycle, she can conceive twins from two separate fathers. This is not very common, but it is not impossible. 1 out of every 13,000 cases involving twins involves superfecundation.

In New Jersey, a woman tried to collect child support from a man she believed to be the father of her twins. She was right, but only half right. DNA Test Results proved he was only the father of one of the twins, but not the father of the other.

Establishing Paternity in Texas Part III

Published on: February 17, 2015 | by Bryce Hopson

Welcome back to the third and final installment on the ways in which paternity is established in the state of Texas. This blog post will focus on adoption and some of the interesting intricacies that can spring up as prospective parents peruse the legal landscape of adoption in Texas.

Chapter 162 of the Texas Family Code contains the statutory rules surrounding adoption. A question commonly asked of family law attorneys is: “Who may be adopted?” Section 162.001 provides that a child residing the state of Texas may be adopted if: Continue Reading ›

Establishing Paternity in Texas

Published on: January 5, 2015 | by Bryce Hopson

If you have ever wondered how paternity is established under Texas law, here are a few key points to remember. First, there are five ways in which a father-child relationship can be established:

(1) an unrebutted presumption of the man’s paternity;
(2) an acknowledgment of paternity;
(3) an adjudication of paternity;
(4) adoption; and
(5) the man consents to assisted reproduction by his wife resulting in the birth of the child.

Now, what does it take to be considered a “presumed father” under Texas law, and how can that presumption be rebutted? Well, a man is presumed to be the father of a child if: Continue Reading ›