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On April 23, 2014, Judge Barbara Nellermoe, of the 45th Judicial District Court of Bexar County, ruled that three portions of the Texas Family Code, as well as Section 32 of the Texas Constitution, were unconstitutional. [47] On April 25, 2014, Texas Attorney General Greg Abbott appealed the decision. [48]
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. [1] The UCCJEA has since been adopted by 49 U.S. States, the District of Columbia, Guam, Puerto Rico and the U.S. Virgin Islands.
Most district courts consider both criminal and civil cases but, in counties with many courts, each may specialize in civil, criminal, juvenile, or family law matters. [2] The Texas tradition of one judge per district court is descended from what was the dominant form of American state trial court organization for much of the 19th century ...
In the decades leading up to the 1970s child custody battles were rare, and in most cases the mother of minor children would receive custody. [5] Since the 1970s, as custody laws have been made gender-neutral, contested custody cases have increased as have cases in which the children are placed in the primary custody of the father.
Under Texas law, juvenile proceedings (even those which would be criminal if filed against an adult) are considered civil matters under the Texas Family Code; thus, the Texas Supreme Court hears such appeals, but generally defers to the Texas Court of Criminal Appeals (CCA) in matters where Texas criminal statutes have been interpreted.
The original criminal nature of family courts was slowly replaced by an impliedly civil approach, starting in the 1930s with a New York law designed to treat nonsupport cases as a civil matter. [2] The shift to civil nonsupport across the country and the addition of divorce jurisdiction led to family court dockets becoming more civil in nature. [2]
Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. [1] Each state in the United States has its own set of grounds. [2] A person must state the reason they want a divorce at a divorce trial and be able to prove that this reason is well-founded. [3]
The Texas Family Code does not provide for "palimony.” This means you cannot gain rights under the Texas Family Code because you lived with someone absent a valid marriage. You can, however, create an agreement "on consideration of nonmarital conjugal cohabitation" under the Texas Business and Commerce Code (Tex. Bus. & Com. Code § 26.01(b)(3)).