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Petitions for Writ of Mandamus
In a petition for writ of mandamus, the party seeking relief is referred to as the “Relator.” Tex. R. App. P. 52.2. The trial judge is...
Beth M. Johnson
Feb 14, 20237 min read
Child Support: Guidelines, Net Resources, and Proven Needs
The purpose of a child-support suit is to obtain an order requiring one or both parents to pay for a child’s financial, medical, and...
Beth M. Johnson
Dec 6, 20224 min read
Motions for New Trial
New trials may be granted and a judgment may be set aside for good cause. Tex. R. Civ. P. 320. Ineffective Service A defendant can...
Beth M. Johnson
Aug 23, 20225 min read
Suits to Adjudicate Paternity
A “parent-child relationship” in Texas means the legal relationship between a child and the child’s parent as provided under chapter 160...
Beth M. Johnson
May 10, 20225 min read
Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA)
Whether a trial court has jurisdiction under the UCCJEA is a matter of subject-matter jurisdiction. In re Salminen, 492 S.W.3d 31, 38...
Beth M. Johnson
Apr 19, 20225 min read
Appellate Attorney’s Fee Awards
Appellate courts generally do not award fees. For an appellee to be awarded fees, the appellee generally must file a cross-appeal because...
Beth M. Johnson
Jan 4, 20225 min read
Enforcing Mediated Settlement Agreements
In family law, the Texas Legislature has made mediated settlement agreements (“MSAs”) binding on the parties if the MSA provides, in a...
Beth M. Johnson
Nov 16, 20215 min read
When Are Findings Useful in Family Law?
At the end of the trial, appeal may or may not be foremost on your mind, but questioning whether to request findings of fact and...
Beth M. Johnson
Oct 26, 20216 min read
Geographic Restrictions on a Child's Residence
September 2021 Dallas Bar Association's Headnotes
Beth M. Johnson
Aug 29, 20211 min read
Scope of Judicial Notice Can be Waived Absent an Objection
Judicial notice can be a time-saving method to get evidence that has been previously presented into the current record. See Tex. R. Evid....
Beth M. Johnson
Jul 20, 20213 min read
Contempt and Specificity of Orders
An order for contempt must be supported by a reasonably specific underlying order. To hold a party in contempt for violating a court...
Beth M. Johnson
Jul 9, 20213 min read
Family Violence: Conservatorship and Protective Orders
In a suit for conservatorship, a trial court must consider the best interest of the child and should consider applicable Texas public...
Beth M. Johnson
May 4, 20213 min read
Default Orders Must Be Supported by Evidence
In a suit for divorce, the petition may not be taken as confessed if the respondent does not file an answer. Tex. Fam. Code § 6.701. So,...
Beth M. Johnson
Mar 9, 20212 min read
Discovery Issues and Mandamus Review
The new discovery rules are on everyone’s minds as we begin 2021. For the most part, discovery rulings are “incidental” rulings not...
Beth M. Johnson
Jan 26, 20212 min read
Focusing on the Details to Establish a Material and Substantial Change
When seeking a modification of an order affecting the parent-child relationship, the base threshold requirement is to establish a...
Beth M. Johnson
Dec 8, 20203 min read
Restricted Appeals Can Be an Effective Tool to Undo Default Judgments
We generally think of the 30-day window after a final order as the only time in which a party can appeal. However, if there was clear...
Beth M. Johnson
Oct 20, 20203 min read
Texas Supreme Court Finds in Favor of Biological Father
In re H.S. appeared to open the door to persons who provided substantial care to a child; however, read with In re C.J.C., do third parties
Beth M. Johnson
Jul 30, 20205 min read
Beth talks about family law appeals on the State Bar of Texas Podcast
(Beth is introduced at about 34:00)
Beth M. Johnson
Dec 16, 20191 min read