By Julie C. Caskey

Registering a Foreign Child Custody Order in Texas.  Question: My ex-spouse and I were divorced in another state [or country] and we received an order from that state concerning access and visitation for our child.  Now, one of the parties has moved to Texas, and we want to make sure the foreign order is enforceable here.  What should we do?

Answer:  You will need to register the foreign order in Texas, often referred to as “domesticating” the foreign order.  First, you must determine which court in Texas has proper jurisdiction to register the foreign order.  Consult with a Texas family law attorney or a Woodlands divorce lawyer (if you live in Harris or Montgomery counties and their surrounding counties) to determine the proper jurisdiction.

The Texas family law attorney will register the order by providing the clerk of the proper court two copies of the order, (including one certified copy) and a letter requesting registration which includes the names and addresses of the parties seeking registration and the names and addresses of the parties who have been given access and visitation in the order which is sought to be registered.

The district clerk will cause the order to be filed as a foreign judgment and serve notice of the registration on all parties listed in the letter seeking registration. 

Contesting the Validity of the Foreign Order.  Parties who are served notice are given a short amount of time in which to request a hearing to contest the validity of the registered order.  Thus, if you receive notice that a child custody order has been registered in Texas, and you believe the order is not valid, it is crucial to speak with a Texas family law attorney immediately.  Failure to contest the registration within the requisite time limit will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.

If a timely request for a hearing to contest the validity of the order is made, a hearing will be held.  At that hearing, the court will confirm the validity of the order unless it can be shown that:

1. The issuing court did not have jurisdiction to issue the order
2. The child custody order sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so
3. The party contesting registration was entitled to notice, and proper notice was not given.

If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.

If you are a party to a foreign child custody order that needs to be registered in Texas, speak to an experienced Woodlands family lawyer today.

Julie C. Caskey is a family law attorney practicing with Garg & Associates, PC in The Woodlands, Texas.

By Julie C. Caskey

Yesterday, July 8, 2010, U.S. District Judge Joseph Tauro (Mass.) ruled that the federal ban on gay marriages is unconstitutional since it usurps the right of the states to define marriage.  In the suit, gay couples challenged the 1996 Defense of Marriage Act (“DOMA”).  DOMA has two major implications on the state of gay marriage in the United States.  First, DOMA allows a state the right to refuse to recognize relationships between persons of the same sex as marriage, even if the relationship is considered a marriage in another state, essentially disregarding the Full Faith and Credit Clause of the U.S. Constitution (which requires states to respect the “public acts, records, and judicial proceedings” of other states.)  Second, under DOMA, the federal government defines marriage as between a man and a woman, exclusively. 

Because the right to define marriage is a right that is left to state–not federal–government, Judge Tauro ruled the law unconstitutional, stating further that it violates the Constitution’s Equal Protection Clause:

“Congress undertook this classification for the one purpose that lies entirely outside of legislative bounds, to disadvantage a group of which it disapproves. And such a classification the Constitution clearly will not permit,” Tauro wrote.

Plaintiff’s attorneys expect an appeal on the decision. If the decision is upheld on appeal, yesterday’s ruling could set a precedent for other states, and enable and encourage them to define marriage as between two people, regardless of sex.  Currently, five states and the District of Columbia have legalized gay marriage.   

Even still, yesterday’s ruling seems to have little impact on the state of gay marriages in Texas.  While states have the right to define marriage, Texas has unequivocally spoken on the matter through its state constitution and Family Code, defining marriage as between a man and a woman exclusively, and declaring same sex unions as against the public policy of the state.  To define marriage in any other way, would require amending the state constitution, which can only be accomplished through an act of the legislature, subject to voter approval. 

While gay rights advocates view yesterday’s ruling as a step in the right direction, the case did not touch upon the necessity of states to recognize gay marriages of other states.  If a successful challenge is ever brought to this seemingly glaring violation of the Constitution’s Full Faith and Credit clause, Texas would be required to recognize the gay marriages which are legal in other states–even if Texas law still prohibited gay marriage.

Julie C. Caskey is a attorney who practices Texas Family Law with the law firm of Garg & Associates, PC in The Woodlands, Texas.

By Julie C. Caskey

As anyone who has ever been involved in family law proceedings in Texas can probably tell you, Texas courts are consumed by one issue when children are involved: what is in the child’s best interest?  Even if parties reach agreements about the amount of child support, or the length and frequency of visitation and access, a Texas court will veto the agreement if it determines that the arrangement is not in the child’s best interest.

But what about divorce overall?  Can divorce ever be in a child’s best interest? Myths abound about the effect of divorce on the emotional development and well being of children.  Many parents choose to stay in a poor marital relationship for fear that the divorce will negatively impact the kids.  However, a recent study reported by Live Science seems to prove otherwise, and indicates that ”staying together for the kids” might do more harm than good. 

Researcher Constance Gager, of Montclair State University in New Jersey, recently reviewed the results of a national survey of nearly 7,000 married couples with children in the United States.  The study concluded that children who grew up in high-conflict homes fared better in adult relationships if their parents were divorced.

If you are considering divorce, contact an experienced family lawyer to discuss your options and protect your rights today. 

Julie C. Caskey is an experienced attorney who practices family law with Garg & Associates, P.C. in The Woodlands, Texas.