Thursday, August 13, 2009

Welcome to Smart Divorce in Texas/ Child Custody Child Preference

Hello there. I am excited about talking to you all about Family Law and other interesting things that come up from time to time.

On my mind of late are some recent changes in the law that I'll be talking about over the course of the next few months.

Affidavits of Preference have been repealed by the Texas legislature. That means that in a custody case no longer will you need to get your child to sign a document to say which parent they want to live with. Judges are mandated to talk to the children if requested. I can see that there are going to be many problems with the implementation of this law, not the least of which is the fact that judges are not trained to have these kind of sensitive and potentially damaging conversations with minors. We will see how it develops and I will be sure to report from the field on how it is working.

For Smart Divorce in Texas,

Diane M. Wanger