Discovery set: Request for Disclosure

Concerning discovery requests In Texas Family Law cases: What are Request for Disclosure(s)?

Discovery sets in Texas typically consist of Request for Disclosure, Interrogatories, Request for Production and Request for Admissions. Responses to Request for Disclosure’s are to be prepared and returned 30 day’s from the date it is received by your attorney. Typically in family law cases, a request for disclosure will first ask to state your correct name, and if there are any potential parties to the suit. More importantly, the request for disclosure will ask you to DISCLOSE the identity of person’s who have knowledge of relevant facts, their addresses and phone numbers. The request for disclosure will also ask you to DISCLOSE any expert’s you have retained and are expected to testify in your case. Prepare your responses to the request for disclosure in a timely manner and then send it to your client as quickly as possible to make sure they can meet the 30 day discovery deadline.

How do you define “best interest” of the child in the State of Texas?

In Holly v. Adams the Texas Supreme Court listed factors that a court should consider in determining what is in the best interest of the child. The factors include: 1.The desires of the child, 2. The emotional and physical needs of the child now and in the future;
3. The emotional and physical danger to the child now and in the future, 4. The parental abilities of the individuals seeking custody, 5. the programs available to assist these individuals to promote the best interest of the child, 6. the plans for the child by these individuals or by the agency seeking custody, 7. the stability of the home or proposed placement, 8. the acts or omissions of the parent which may indicate that the existing parent-child relationship is not a proper one; and 9. any excuse for the acts or omissions of the parent. The list is not exhaustive. Remember that the court will want the custodial parent to respect their ex’s rights to interact with the child at issue. Matt Sossi

Interstate Custody Disputes

Interstate Custody Disputes

`If you are involved in a interstate custody case you will become acquainted with the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA. The UCCJEA will require your custody suit to be heard in the home state of the child, that is, where the child has resided in the past six months. The court’s will use a significant connection test in deciding what state should hear the custody dispute when the child has lived in two states during the six month period. Texas, under normal circumstances, will adopt a first to file rule, and the party that files their lawsuit first decide’s which state will hear the custody dispute. Bring proof which corroborates where the child has lived for the past six months and take it into your lawyer’s office. Matt Sossi