October 19, 2022 | Texas Lawyer
Medical Neglect Can Be Grounds for Termination of Parental RightsTermination is warranted where clear and convincing evidence is presented that parents had no plan in place to meet their children's medical needs.
By Elisa Reiter and Daniel Pollack
10 minute read
July 07, 2022 | Texas Lawyer
A Claim of Material Variance Fails in a Child Fatality CaseIf there is a variance in the indictment and jury charge, don't wait. Object to the variance prior to the start of trial and/or the empaneling of the jury panel, say attorneys Elisa Reiter and Danial Pollack.
By Elisa Reiter and Daniel Pollack
13 minute read
June 07, 2022 | Texas Lawyer
Access to Records Can Impact Your CaseDepending on the circumstances, the right to confidentiality can bend when protection of children or the elderly are a key component of a case.
By Elisa Reiter and Daniel Pollack
4 minute read
May 23, 2022 | Texas Lawyer
'In Chambers' Interview Amid a Child Custody Dispute"In chambers" or "in camera" refers to a hearing in the privacy of the judge's office. These meetings usually take place in order to examine particularly sensitive or private information outside of the formal courtroom setting.
By Elisa Reiter and Daniel Pollack
8 minute read
May 20, 2022 | Texas Lawyer
How Long Must a Court Wait Before Terminating Parental Rights?The trial court, as gatekeeper, has the duty to weigh the credibility of the witnesses, and to choose who or what to believe when presented with conflicted testimony. The determination of best interests must focus on the child, rather than on the parent.
By Elisa Reiter and Daniel Pollack
10 minute read
May 18, 2022 | Texas Lawyer
Attorneys May Suffer Consequences for Using Their Clients' Ill-Gotten EvidenceThe allegations against attorney Taylor focused on her use and disclosure of the communications in the underlying custody modification—not on her playing a part in the interception of those communications.
By Elisa Reiter and Daniel Pollack
7 minute read
May 05, 2022 | Texas Lawyer
What Constitutes a 'Habitual Residence'?The International Child Abduction Remedies Act was enacted by the United States to help prevent international child abduction, with the stated intent that, "Persons should not be permitted to obtain custody of children by virtue of their wrongful removal or retention."
By Elisa Reiter and Daniel Pollack
9 minute read
April 05, 2022 | Texas Lawyer
Parents Need to Be on Their Best Behavior During the Pendency of a Child Termination SuitChildren do not come equipped with a parenting manual. Each parent has to learn how to best parent each child. While a learning curve is anticipated, that curve is no excuse to condone acts or omissions that can endanger the life of a child.
By Elisa Reiter and Daniel Pollack
12 minute read
April 01, 2022 | Daily Business Review
Collaborative Divorce Has Many Advantages, but Some Disadvantages TooIf the collaborative process is not successful, the attorneys will not and cannot represent their respective clients in subsequent court proceedings.
By Elisa Reiter and Daniel Pollack
8 minute read
March 28, 2022 | Texas Lawyer
Is Your Spouse Unstable? The Need to Know Versus Privacy RightsIn every divorce case where a psychological exam is sought, the trial court must balance the need for the information to substantiate claims asserted by a party against that individual's right to privacy, say family law attorneys Elisa Reiter and Daniel Pollack.
By Elisa Reiter and Daniel Pollack
5 minute read
Trending Stories