Recent Trends
Unique Aspects of Texas Family Law
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The family lawyer in Texas has always faced unique challenges. Â Â For
example, Texas is home to a large number of immigrants, some here
illegally, potentially implicating federal custody and visitation laws.Â
Texas is also home to several military bases, and military divorces often
involve issues like waiting periods, jurisdiction, and property division
that would not be relevant if both partners were civilians. Finally,
Texas is one large state – What are the visitation rights of
grandparents who live within our borders but are still eight hours
away? But even these traditional challenges to the Texas family lawyer
can seem small against the changing landscape of family practice. In
this chapter, I will detail some of these pressing challenges and suggest
appropriate strategies to respond to change and effectively represent
your clients.
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Collaborative Law and Technology Trends in Texas Family Law
Practices
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One of the most important trends in family law, particularly
concerning divorce settlements, is the growth of collaborative law.Â
Instead of two individuals who have decided to end their marriage going
to war with each, parties are increasingly sitting down with neutral
legal experts to reach agreement on child custody, property, and other
matters of separation. This shift emphasizes mutual respect and
amicability, rather than embattled attorneys strategizing ways to take
from their opponent. Several years ago, the Texas legislature passed a
measure that encouraged this method of legal resolution, Tex. Fam. Code
Ann. § 6.603 (2006), and the field has exploded ever since.Â
Collaborative law recognizes the relationship that exists and will
continue to exist in a marriage, particularly when there are children
involved. Where relationships between litigants are expected to
continue, collaborative law solutions flourish.
I believe that the trend toward collaborative law also speaks to a
more general call for legal reform. Â Lawmakers understand the public's
push for a more cooperative approach and have sought to codify it. The
popularity of this process is also a matter of simple economics – few
clients can manage the cost of lengthy divorce battles. Collaborative
divorces help clients control costs by maintaining civility. Family
attorneys should explore ways to build a profitable practice through
collaborative techniques or risk being left behind by this important
trend.
Technology is also having an impact on the family practice. New
forms of evidence, from personal emails to threatening text messages,
give the savvy family attorney ammunition for litigation and
negotiation. Texas lawmakers and courts are rushing to catch up with
the role that technology is playing in our personal relationships and, by
extension, our family law disputes.
With respect to technology trends in divorce cases, the key drivers
are simply the greater roles that communication gadgets, online record
keeping, and social networking are playing in our lives. We feel as if
we can be anonymous and act in a way that is not consistent with family
life, but the reality is that we are being watched more closely than ever
before.
The trend concerning technology and how laws will address what
information can be introduced in a divorce case is crucial, as courts try
to determine the point at which the right to privacy has been
compromised. We are only going to see more websites, emails, text
messages, and Facebook updates in courtrooms in the future, and their
proper place must be determined.
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New and Developing Legal Issues in Texas Family Law
Cases
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In addition to the macro trends of collaboration and technology, the
law itself has undergone significant changes. Every legislative session
brings about renewed debate concerning child support and visitation,
including the rights of extended family members such as grandparents and
adult siblings. Regulations concerning the rights of non-custodial
parents and the efforts that must be made to encourage frequent and
quality visitation time are in constant flux. Texas legislators and
courts are also looking at issues surrounding spousal maintenance, abuse
in teen dating situations, and hearsay evidence of very young children.
 The family law practitioner in Texas must stay abreast of these changes
in the law or risk disciplinary action and the loss of clients.
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One particularly contentious battlefield in family law legislation
involves domestic partnerships and the grant of marriage rights to non-
traditional families. Several years ago Texas became one of the last
states to grant marriage licenses to couples that include a postoperative
transsexual, but efforts are being made to rescind that right. Jim
Vertuno, Texas may Strip away Transgender Marriage
Rights, Austin American Statesman,
http://www.statesman.com/news/texas-politics/texas-may-strip-away-
transgender-marriage-rights-1432706.html. Last year, a Texas appeals
court determined that the state's ban on same-sex marriage meant that a
homosexual couple could not obtain a divorce in Texas, even though they
had been married in another state. In re Marriage of J.B. and
H.B., 326 S.W.3d 654 (Tex. App. 2010). The court applied the
"rational basis" test and determined that a primary reason for marriage
is procreation, a ruling that is certain to have ramifications in future
legal efforts involving homosexual couples. Id. At 674.
Texas lawyers have a difficult time reacting to these developments in
family law, as our representation depends on a constantly changing legal
landscape. Generally, family lawyers in Texas see a legislature
passionate about social policies and willing to exercise its influence
through property disbursement legislation, rules concerning who can be
married, and limitation of reproductive rights. Attorneys hope that
these changes will clarify existing statutes, as courts have issued
conflicting opinions regarding, among other things, marriage
documentation and funding for family planning clinics.
Recent Changes to Custody Legislation in Texas
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Texas family law has seen numerous changes, particularly in matters of
child custody and support. After significant legislation in 2008 and
2009, Texas now requires that divorcing parents be joint conservators,
and that this designation be made a part of a written parenting plan.Â
Tex. Fam. Code Ann. § 153.133(c) (2008). There also were modifications
made to the standard visitation plan that consider scheduling issues such
as spring break and teacher in-service days. More weight is also given to
the parents in deciding if and when children are allowed to spend time
with grandparents. Tex. Fam. Code Ann. § 153.317 (2008).
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Technology also has impacted child custody in Texas. The state
legislature passed a statute four years ago encouraging parents to employ
web chats and similar online communication outlets to increase
interaction between a non-custodial parent and child. The new legislation
urges virtual face-to-face time when in-person visits prove difficult due
to distance or animosity between the former spouses. Tex. Fam. Code Ann.
§ 153.015 (2008). These changes in custody law will have far-reaching
consequences that family law attorneys must monitor.
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Key Texas Family Law Decisions of the Past Decade
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Two family law decisions of the past decade stand out as significant
in Texas. First, Troxel v. Granville, 530 U.S. 57 (2000), dealt
with the right of extended family members to have visitation rights.Â
Second, Lenz v. Lenz, 79 S.W.3d 10 (Tex. 2002), addressed the
happiness of the custodial parent in allowing for relocation that creates
significant distance from the other parent, and was settled in the Texas
Supreme Court. Each case exerts enormous influence on how Texas family
lawyers should instruct their clients.
In Troxel, the primary issue was the fundamental right of
parents to exert "care, custody, and control" with their own children.Â
The Supreme Court balanced this right with an appropriate encouragement
for relationships with other family members. Troxel, 530 U.S.
57 at 65. The Court determined that parents have the right, assuming
they are fit to care for their children, to make decisions concerning
visitation with other family members. Stated more directly, state courts
must give "special weight" to the opinions of parents who wish to deny
third-party visitation appeals. Troxel, 530 U.S. 57 at 70.Â
The family practitioner in Texas must consider this opinion when advising
parents, grandparents, and other family members who seek legal
counsel.
In Lenz, the Texas Supreme Court asked whether a joint
managing conservatorship could be modified to allow for the relocation of
one parent, and what factors should be included as part of the
decision. Lenz, 79 S.W.3d 10 at 11. The Texas Supreme Court
developed a "fluid balancing test" that considers factors like
educational opportunities, special needs, employment options, emotional
health of the custodial parent, and the ability of the non-custodial
parent to maintain a flexible work schedule and achieve visitation.Â
Lenz, 79 S.W.3d 10 at 15. Â Lenz marked an early
consideration by Texas courts of how the happiness of the custodial
parent impacts the happiness of the children involved. These
considerations will not escape the scrutiny of a quality family law
attorney.
Lawyers and clients should see from these cases that, once a mother or
father has been awarded primary custody of a child in a divorce case,
that person is going to have considerable leverage in determining the
nature of other relationships in that child's life. Courts take quite
seriously parental instincts and personal knowledge of effected
children.
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The Impact of the Economic Crisis on Family Law in Texas
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Recent tumult in the Texas economy has brought unforeseen and
unfortunate consequences. Domestic violence has increased and the
number of women needing protective orders against their boyfriends or
husbands has risen steadily. Â Texas Council on Family Violence,
available at http://www.tcfv.org/resources/abuse-in-texas/ (Last
visited May 2011). Women who live in abusive situations may feel unable
to come forward with abuse claims because they have no means of
supporting themselves if living alone. As a result, attorneys may see
instances of other family members coming forward to report the abuse, but
victims hesitating to corroborate the story. These attorneys must
balance respect for their confidentiality obligations to potential
clients with the need to report violence. Always consult current ethics
rules for direction in this delicate area.
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There is also an increase in the number of grandparents who are
seeking custody of their grandchildren. It is estimated that between two
and three million children are now being raised by their grandparents.Â
United States Census Bureau, available at
http://www.census.gov/prod/2003pubs/c2kbr-31.pdf (last visited May
2011). While this happens for many reasons, a parent's inability to
support his or her own children financially is certainly a factor.
The number of my clients who tell me they want a divorce but simply
cannot live without the other spouse's income has recently increased.Â
On the other hand, I have seen more women who are seeking overdue child
support from men who have been out of the picture for years but whose
money is more urgently needed during these challenging economic times.Â
The economy has created both areas of struggle and opportunity for Texas
family lawyers.
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Key Issues and Strategies in Today's Family Law Cases
I advocate several important strategies in the eight key areas of
family law, as listed below:
1. Divorce
The family law attorney probably spends most of his or her time on
divorces. In many instances, clients look to alternative dispute
resolution (ADR) procedures to increase civility and decrease time-
consuming conflict. My practice has been most significantly impacted in
the area of military divorce, with men and women leaving the country for
extended and multiple deployments. This presents difficulties in moving
forward with proceedings.
I manage divorce cases by helping clients see the long-term picture
and look past the intense emotion of the moment. A hurt spouse's desire
to get back at his or her partner by fighting over every dime and every
piece of property may bring momentary satisfaction, but it will not lead
to peace and security in the years to come. It may also hurt my client
to drag on conflict that will incur significant legal fees without
significant gains. The wise family practitioner must clearly inform
clients about the potential costs and benefits of pursuing certain
disagreements, rather than taking advantage of that client's emotional
state for the sake of the bottom line. Heightened emotions may lead to
increased billable hours, but those same strong emotions usually do not
react well to a bill which includes unforeseen or unjustified legal
expenses.
2. Spousal support/alimony
In Texas, divorcing spouses who want to file and uncontested divorce
must first negotiate the need for spousal support (or maintenance) and
the amount to be paid. Tex. Fam. Code Ann. § 7.006 (2006). If going
to court, the judge will look at a variety of issues, and attorneys must
be prepared with information concerning the salaries of both partners,
any contributions as homemaker, potential job skills, and employment
history. Tex. Fam. Code Ann. § 8.052 (2006).
When I represent a woman who has been out of the workforce for years
in order to raise children, I advocate strongly for a level of support
that fully compensates her for the time and energy put into that
effort. As with divorce, however, I am clear that spousal support is
restorative in nature and not meant to serve as punitive damages for an
angry spouse.
3. Abuse/domestic violence
Fortunately, legislators and courts have over the last decade become
much more understanding of the reality of domestic violence. The
provisions now in place, which do not judge or blame the victim, have
made it easier (not easy, but easier) for women to come forward
and get the protection they desperately need.
Attorneys must delicately balance their roles as "advocates" and
"counselors" in this context, affording special care and sensitivity to
clients in abusive situations. I make sure to listen first and then
approach the possible solutions by sharing how they will make the client
and her family safer. I never force decisions on my client, but am
resolute in the fact that she should seek legal protection as soon as
possible.
4. Domestic partnership
The State of Texas does not recognize domestic partnerships, though
Travis County (which includes the state capital of Austin) does. The
Travis County Clerk's Office, available at
http://www.co.travis.tx.us/county_clerk/recording_schedule2.asp (Last
visited May 2011). This area of law is under great flux, from the
tenuous standing of the Defense of Marriage Act (DOMA) at the federal
level to pressure within the state to expand rights to same-sex
couples.
With not much legal room to assist Texans wanting a domestic
partnership, I focus on other ways that same-sex couples can obtain some
analogous legal rights, using products such as wills and trusts to
address medical needs and manage employee health benefits.
5. Paternity
Under Texas law, a child does not have a legal father if the
parents are not married at the time of birth, even if the
biological father is known. Tex. Fam. Code Ann. § 160.201
(2008). An Acknowledgment of Paternity is crucial to securing legal
rights and obtaining child support, and family law attorneys must work to
facilitate the necessary tests and documentation and to advocate both for
a father's rights to visitation and the child's right to money,
insurance, and other benefits.
Where parties dispute paternity, they likely suffer through severe
contention. Consequently, the family practitioner should take great
care to calm the situation and explain the process to clients.
6. Child support
Unlike most other states, Texas requires that child support payments
be garnished from the non-custodial parent's paycheck, in order to ensure
the best chance for the child to receive the money. Tex. Fam. Code Ann.
§ 154.004 (2008). This issue may require ongoing legal representation,
as circumstances change and support levels will be modified to reflect
new income figures and responsibilities.
In these cases I collect evidence and create the best possible
portfolio, so to speak, for my client. I always ask for all possible
documentation concerning salary, medical expenses, daycare, education,
travel, etc., and help with the completion of the support worksheet in a
way that is fair to both parties and ensures that the children will be
well-supported.
7. Guardianship
Guardianship generally involves minor children, but can also be
granted due to mental incompetency or physical issues. Recent changes
to Texas law encourage relatives to take children out of the foster
system and assume legal guardianship, offering them the foster system
compensation and providing stability to the family. Tex. Fam. Code Ann.
§ 264.760 (Vernon Supp. 2010-2011).
Proper representation in this area depends on who requires a
guardian:Â where children are concerned, their well-being is my primary
concern; where adults are concerned, I ensure that the guardianship is
altruistic and determine the extent to which this guardian will retain
rights to make decisions.
8. Abortion
Texas extensively restricts abortions, and the current Texas
legislature is seeking to implement further restrictions. A bill
currently considered by the state legislature would require an ultrasound
prior to an abortion being performed. Ana Campoy, Texas Legislation
Adds Conditions on Abortion, Wall St. J., May 11, 2011,
http://online.wsj.com/article/SB10001424052748704681904576315350526209130
.html?mod=googlenews_wsj. Texas attorneys should expect further
measures from the state legislature that work to indirectly reduce the
number of abortions.
One instance in which a family law attorney may be needed regarding
abortion is concerning parental notification. Texas requires such
permission for all girls under the age of eighteen unless they can
receive a Judicial Bypass or claim legal emancipation. Tex. Fam. Code
Ann. § 33.002 (2008).
Client Strategies
The following section deals less with specific practice areas and more
with how I manage my law practice.
1. Initial Client Meetings
Screening potential clients involves every level of my law practice.Â
Before a potential clients walks into my office, I make sure he or she
has access to important information through my website. A robust
website allows me to communicate general knowledge to prospects rather
than only using a consultation to educate. I also elicit some information
from the client through standard questionnaires. These tools allow me
to streamline the initial consultation, saving both time and money. The
following are some key questions asked on my Family Law Client
Questionnaire:
What is your and spouses (or ex-spouses) full legal name, home
address and business address?
Do you have children? If so, what are their names, date of births
and social security numbers?
How long have you lived in Texas?
How long have you lived in your county of residence?
What is the date and place of your marriage?
Are you now separated from your spouse? If so, what is the date of
separation?
Have you seen a marriage counselor?
What do you believe contributed to the breakdown of your
marriage?
Will there be a dispute over the children?
Do you have any children from a previous marriage?
List your combined marital property
List each spouses Separate property
Have you or your spouse or ex-spouse ever:
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––Committed a felony?
––Been arrested?
––Been in jail or prison?
––Used Illegal drugs?
––Abused alcohol or prescription drugs?
––Been arrested for or convicted of DWI?
––Engaged in gambling activities (legal or illegal)?
––Engaged in other illegal activities?
––Attempted suicide?
––Been hospitalized for an emotional or psychiatric disorder?
––Suffered from or received treatment for an emotional
psychiatric
condition?
––Abused your spouse?
––Abused your child(ren)?
––Had a sexual relationship during the marriage with someone
other than your spouse
––Had a homosexual relationship?
––Engaged in unusual sexual practices?
––Had a venereal disease?
––Drink socially? If so, what do you drink and how often?
My Family Law Client Questionnaire makes for a more informed client
when we first meet in my office, which promotes efficiency for all of
us.
The most important thing I can do during the first client meeting is
to listen attentively and compassionately to my client. Clients often
come into my office filled with emotion and simply need to share their
story. Once I get an initial sense of their needs, I share my honest
assessment of the best course of action moving forward.
Clients may have concerns about their private lives being forever
documented in the public record. Other clients may have questions about
the speed of the process, as they are dealing with difficult issues that
they want to be resolved as quickly as possible. Still others may
express concern about the possible need for their children to testify in
divorce or domestic abuse proceedings. The family law practitioner
should try to predict which questions will come up in a consultation and
formulate clear answers and resource references. At every client
consultation, I provide the client with a free edition of "The Family Law
Client's Essential Handbook," which is published by the Family Law
Section of the State Bar of Texas. This handbook serves the client
particularly well because it summarizes the divorce process in plain
language terminology.
Attorneys should know exactly what information they plan to gather
during the initial client meeting. The attorney should develop intake
forms through local bar association resources, CLE forms, and experience.
I also develop a plan for efficient and frequent communication based on
the client's preferences. I also help the client set goals by determining
desired outcomes then work backwards to lay out specific steps of
action. This kind of structure helps the initial client meeting go
smoothly and create momentum for the representation.
2. Managing Complicated Family Law Cases
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Military divorce cases, as noted, often pose some of the most
complicated circumstances, both in terms of emotions and finances.These
cases are often initiated when one member of the partnership is stationed
halfway across the world and facing danger to his life on a daily
basis. This can make communication close to impossible. Accordingly,
mediation concerning children, property, and other details is much easier
on clients—and usually more cordial for everyone involved—than long-
distance emails.
In these situations, I must act not only as knowledgeable legal
representative, but also as a good listener. Often my client has been
running a home alone for months and should be directed to counseling and
financial planning services when appropriate.
I am committed to providing thorough and diligent representation to my
clients regardless of circumstance, but with complicated cases I often
have to make the options simple. I lay out what I believe is the best
possible approach to the issues moving forward, and explain to the client
my reasoning for this recommendation. When overwhelmed by so many
opinions from family and friends (who are also emotionally invested in
the case), I try to offer one clear and considered course of action. I
also ask my clients to prioritize the outcomes—i.e., what are the
important results they would like to see in their homes when this is
over? These steps help to improve our success moving forward.
3. Strategies for Handling an Emotionally-Charged Family Law
Case
When handling a hostile or emotionally-charged family law case, an
attorney must first acknowledge the existence of heightened emotions.Â
If you try to work with a client without treating him or her like an
individual dealing with a painful and life-changing event, you are never
going to win his or her confidence and support in your strategies as the
case progresses. Address these emotions directly, then advise your
client that you must provide answers that ease hostility over the long-
term in a just manner.
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Also, get everything in writing. Make sure someone takes diligent
notes during every client meeting, and follow up each meeting with an
email or letter to recap what you discussed and next steps. Engulfed in
heavy emotions, your client may not process the details of your meeting
or may even remember things incorrectly. This correspondence reinforces
your position and defends you against malpractice claims.  In the end,
responding with a calm voice and the reassurance of experience will often
make at least the client-attorney relationship a peaceful one.
I have achieved the most success in this practice area by first
listening well, then becoming a zealous advocate for the client once the
issues and the options in the case are clear. When a client fueled by
emotion, you must act as the voice of reason. You must not entertain
every desire based in anger or sadness. Rational thinking prevails when
the attorney consistently reinforces a solution which is in the best
interest of your client. Clear documentation also allows your client to
see the progress that has been made and reassures him that you are
working for his good.
Using these strategies, I have seen clients abandon demands for a
trial in favor of mediation, saving a great deal of time and resources.
The mediation gave my client an opportunity to express frustrations and
expectations with a neutral third party—and perhaps get the chance to
vent some feelings to their spouse or feuding family member. This ensures
that the client leaves the mediation process feeling that needs were met
and voices heard. This often leads to speedy settlement. Â People need to
know that others hear their issues and take them seriously. Mediation
also permits the parties to decide their own fate, and keeps the ultimate
decisions away from a judge or a jury.
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4. The Use of ADR in Family Law Cases
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As ADR has gained more recognition among lawmakers, attorneys
increasingly recommend this method of resolution to their clients.Â
Success rates for ADR in otherwise contentious cases has improved.Â
Today, an overwhelming number of all cases brought up for ADR find
resolution during the mediation itself or shortly thereafter. Contrast
this with court trials which rarely end after one day with the court.Â
Particularly in light of the difficult economic times many of our clients
are facing, the success of ADR partnered with the potentially thousands
of dollars saved make ADR the go-to option. Just a decade ago, many of
these cases would have ended up in emotionally and financially draining
trials. Also, ADR has its place in all areas of family law, not just
divorce practice. It can be used to negotiate the terms of visitation
for other family members, to lay out plans for an open adoption, or to
address many possible modifications that come up years after a divorce is
finalized.
Above all else, ADR offers benefits to the innocent children wrapped
up in these cases. With their parents not locked in a divisive legal
battle that tears at injured emotions, the kids overhear fewer arguments
and avoid becoming pawns or bargaining chips.
Parties succeed with ADR when they both feel as if they retain some
power and have their voices heard. The practitioner should not
encourage ADR in instances of domestic violence or when a protective
order is in place. These cases  involve abuses of imbalanced power,
conditions that must not prevail in an ADR setting If a criminal act
has occurred, the perpetrator needs to face his or her day in a criminal
court.
Family lawyers should look at the success of ADR and recognize that
most clients, regardless of the anger they first bring to the office,
really do want to resolve issues peacefully for the long-term health of
their family. Good mediators will acknowledge the heightened emotions
in these cases and work past those feelings to reach a rational
solution.
5. The Role of the Client in the Family Law
Strategy
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The client must help direct the strategy for a particular case.Â
While this person may not know the legal intricacies of the situation at
hand, he or she will have to live with the consequences of these legal
decisions in their home.
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For example, when assisting a client with a child custody case, you
need to understand his or her feelings about being a parent and
availability of financial resources, time, structure, and nurturing.Â
Ask your non-custodial parent client what role do he or she hopes to play
in the life of the child. Â When advising an adoption client, ensure that
the client has the counseling resources and the support system needed to
make this life-changing transition. If you are meeting with a woman
seeking a protective order against a boyfriend or husband, you need to
make sure that she is emotionally ready to share her story with a judge
and stand firm in her desire to enforce this legal document. In a
divorce case, determine whether the client is making rational requests or
acting out of the intense emotion that comes in the wake of a
separation. You really need to know your clients and encourage them to
be advocates for their own families' long-term happiness.
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Updating Your Family Law Strategies
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Family law attorneys must make sure that they operate with a broad
view of what constitutes a "family," because the definition has
changed. We must now consider homes led by grandparents, single-parent
families, same-sex couples seeking counsel for domestic partnership or
adoption, adoptive parents, and a variety of other ways in which a family
unit can be created.
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Also, in light of the growth in collaborative and ADR practices,
family lawyers should see their clients as members of the legal team,
instead of someone who needs to be told what to do. The law
increasingly encourages family members to actively participate in the
legal decisions that shape their family, so do not exclude them from the
process. Lawyers should look for new ways to reach individuals and
communities who could use their help but are unfamiliar with the legal
process. Just opening an office and hanging a shingle no longer
suffices. Family law attorneys should have a presence on the Internet,
look for opportunities for outreach at community centers, counseling
offices, and doctor's offices, and determine to what extent services can
be made available in languages other than English.
You should get to know the area in which you serve, and make a plan
according to the needs of the people who live there. For a Texas
attorney, it is a good idea to always have an eye and ear focused on what
is happening in Austin and Washington, DC in terms of changes to
legislation. You should also make sure clients are accessible by phone,
email, and the Internet.
Family lawyers should maintain a regularly updated blog that showcases
current news stories and legislation that will be of interest to
potential clients. Facebook and other social networking outlets are
also wonderful ways to reach out to young families. Attorneys also
should be aware of the online services offered by child support offices
and tax collection agencies so that clients feel that you are
knowledgeable with respect to every step of the process you are
recommending.
Looking to the Future
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I believe the next couple of years in family law will see more court
cases that will test the traditional definition of "family," whether the
case involves a gay or lesbian couple or the right of a sperm donor to
have an active role in the life of his child after learning of her
existence eighteen years later. I believe there also will be some
pushback to this evolution of the definition of "family" in the state
legislatures, with attempts to tighten restrictions on marriage and
adoption. I also think that mediation will continue to expand, which is
already causing many family law practices to redefine the mission of
their work.
I think that we will see efforts in the Texas state legislature to
reinforce the idea of the traditional family—a concept that is more
strongly pronounced here than in some other areas of the country. I
also believe that the specific efforts to promote collaborative law point
to the possibility for more successfully mediated disputes across the
board in Texas.
With respect to the trends I have mentioned, I do not see much of a
change concerning the role of government agencies. The child support
office will continue to track parents who owe money; child protective
services will investigative those parents or guardians who are harming
children; and Health and Human Services will provide assistance to
guardians who are newly assuming responsibility for children.
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Final Thoughts
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When you practice family law in Texas (or any kind of law for that
matter), you must be cognizant of the fact that you are dealing with a
diverse population, in terms of racial composition, ethnic background,
religion, and socioeconomic standing. All of these factors come into
play when discussing sensitive areas such as how children will be raised,
the gender roles within a marriage, and who is going to be the voice of
authority to represent a family. You need to take these important
differences into account when offering advice for the next steps in a
legal case. A lack of understanding when it comes to demographic
characteristics will result in serious problems in practicing Texas
family law.
More than any other area of law in which you can practice, family law
requires patience and sensitivity to the intense emotions that your
clients will be experiencing. Whether amidst the joy of a long-awaited
adoption or the fear felt by a woman who has been physically abused by
her husband for years, you need to be the voice of reason who will guide
your client to wise decisions that will serve her well long after the
turbulent moments have passed.