family law


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The Fundamental Right to Marry

It has long been the case that courts view the right to marry as a fundamental liberty protected by the substantive due process components of the 5th and 14th Amendments. The freedom to marry has…


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What is “Family”?

The traditional means of forming family ties is through marriage, blood, or adoption. The “nuclear family” consists of only “parents, children, and domestic servants.” See Rudy v. Southampton Civic Club, 271 S.W.2d 431, 435 (Tex.Civ.App.—Waco 1954, writ ref’d…


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Rights and Duties of a Parent

Section 151.001 of the Texas Family Code lays out 11 rights and duties of parents. There are 3 duties: the duty of care, control, protection, and reasonable discipline of the child; the duty to support…


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Holley Factors

In deciding whether termination of the parent-child relationship is in the child’s best interest, Texas courts look to a nonexhaustive list of factors laid out in the case of Holley v. Adams, 544 SW2d 367…



Putative Spouse Doctrine

If a person who in good faith believed she was married to someone who, as it turns out, was actually already married, the blameless victim is a putative spouse. She is entitled to an equitable interest…