Two More Important, NEW Additions to the Texas Family Code

As I posted in a blog earlier this week, this year we had another bi-annual legislative session in which new bills were introduced to become law. Some passed, many others did not. Two NEW changes to the Texas Family Code effective this September 1st you will need to know: 1. Now, if you file a Petition to Modify and request Temporary Orders to change primary custody, not only must you plead that failure to change custody will cause significant impairment to the child, you must now ALSO attach a sworn affidavit setting out facts which constitute significant impairment in order to get a temporary hearing set on the docket. Until now, you needed only allege in your petition, signed by your attorney, that there would be significant impairment. This is an important procedural change. 2.  A court may no longer prohibit a spouse from executing a new Will or an amendment (called a Codicil ) to an existing Will, or from revoking a prior Will. This prohibition has been used in many counties
http://boydfamilylaw.com/two-more-important-new-additions-to-the-texas-family-code/

Complexities of the Law and Foster Care System in Texas: Marijuana and Parenting

You may recall the heartbreaking story last year of a little girl who was placed in DHS custody because her father smoked marijuana after she had gone to bed. He didn’t do it daily, yet he and his wife lost custody, and as a result, their 2-year-old daughter was placed in the Texas foster care system and murdered. The foster mother who’d killed the little girl was sentenced to life in prison and is now in a Texas cell awaiting her fate. But what happens if a similar scenario plays out in the future? What does the recent partial medical legalization of marijuana mean for Texas parents? Last month, Texas Governor Greg Abbott signed into law a very narrowed use for marijuana. Cannabis-based oils with low levels of THC are now legally available for those with epilepsy. Legalization supporters say the law is moot: no one can actually get this specific kind of oil. State Senator Kevin Eltife announced the plan to legalize CBD oil in January and was careful to emphasize that patients w
http://boydfamilylaw.com/the-complexities-of-the-law-and-foster-care-system-in-texas-marijuana-and-parenting/

July 3rd Holiday

Please take note that all Courts and office buildings, including my own, are CLOSED this Friday, July 3rd, in honor and celebration of our Independence Day on July 4th. We will reopen Monday the 6th as usual. Take pride in our great country, be safe, be diligent, have a great weekend. The post July 3rd Holiday appeared first on Law Office of Jon R. Boyd, P.C..
http://boydfamilylaw.com/july-3rd-holiday/

Legislative Update – CHANGES TO TEXAS FAMILY CODE beginning Sept 1, 2015

I have gone to the Legislative Update seminar recently to learn of the various changes and updates to the Texas Family Code resulting from this recent Legislative session. There actually were very few changes this session. The most notable are: 1. DENTAL INSURANCE and dental expenses are now going to be MANDATORY, in addition to Health Insurance and health care expenses in general. 2. In child custody cases, for many years the courts have ordered social studies , often through the County s own in house agency. Occasionally, the Court would order a Psychological Evaluation . Now, all of those are lumped together and called a Child Custody Evaluation and the rules and qualifications are more detailed and standardized than before. See me for details. The post Legislative Update CHANGES TO TEXAS FAMILY CODE beginning Sept 1, 2015 appeared first on Law Office of Jon R. Boyd, P.C..
http://boydfamilylaw.com/legislative-update-changes-to-texas-family-code-beginning-sept-1-2015/

Update re Equal Parenting Bill

I regret to say the Bill proposed in this last Legislative session to make 50-50 parenting rebuttably presumed to be in the best interest of the child did NOT pass. It was actively opposed by the Texas Family Law Foundation, which is the group of Family Law attorneys who actively works each session to pass or oppose new legislation. I have been in contact with members of the Foundation to see whether we can re-submit the Bill next session. I will keep you updated on my efforts. The post Update re Equal Parenting Bill appeared first on Law Office of Jon R. Boyd, P.C..
http://boydfamilylaw.com/update-re-equal-parenting-bill/

Gay Marriage Approved by Supreme Court

As of last Friday, June 27, 2015, the US Supreme Court has ruled that gays and lesbians are entitled to legally marry. Which also means they can legally divorce and be just as happy as the rest of us heterosexuals, lol. So to you members of the Gay and Lesbian community- Congratulations. But if and when you re marriage fails, call me. I will represent you with dignity and professionalism the same as I represent any other client. The post Gay Marriage Approved by Supreme Court appeared first on Law Office of Jon R. Boyd, P.C..
http://boydfamilylaw.com/gay-marriage-approved-by-supreme-court/

An Extra Option Besides Joint Custody: Equal Custody

For years, our family law firm has sought to ensure equal rights for fathers in Texas. It’s been challenging since historically, mothers are the ones who are awarded custody most often. In recent years, we’ve begun to see a shift, and now one state representative is seeking to level the playing field a bit more. Rep. Gilbert Pena (R-Pasadena) has brought a new bill to the Legislature floor with the goal of putting into place different standards regarding child custody. It s just an extra option the judge has at his disposal besides joint custody, Pena said. House Bill 2363, also known as the Equal Parenting Law, is designed to provide judges a bit more leeway in how custody unfolds. It allows judges to initially give parents equal custody, provided it benefits the child. It comes as little surprise that support for this bill has impressive support from many father’s rights groups around the state and around the country. As a family law attorney, I know firsthand the importance o
http://boydfamilylaw.com/an-extra-option-besides-joint-custody-equal-custody/