March 17, 2022 | Texas Lawyer
Questionable Judgment by Child Residential Treatment Center Staff Can Constitute Child Abuse"While we should expect staff to make occasional bad decisions, they can, even though well-intentioned, still be legally defined as 'child abuse,'" say two family law attorneys.
By Elisa Reiter and Daniel Pollack
11 minute read
March 16, 2022 | Texas Lawyer
Does Having Dementia Mean Your Loved One Is Incompetent?"Sometimes children need not only to care for their parents, they also need to know when to take them to a doctor for a neurological assessment," say two family law attorneys.
By Elisa Reiter and Daniel Pollack
7 minute read
March 15, 2022 | Texas Lawyer
There is a Marital Property Legislative Gap That Needs Some Sealant'Moody v. Moody raises a number of interesting issues, but most importantly, it reminds us that standing is the foundation of a justiciable claim. The case also reminds us that the Texas Family Code may have some gaps that could use a bit of filling,' say attorneys Elisa Reiter and Daniel Pollack.
By Elisa Reiter and Daniel Pollack
9 minute read
February 28, 2022 | Texas Lawyer
Exactly When Does Attorney-Client Privilege Attach?"Attorney-client privilege attaches after a legal services agreement is signed by both the attorney and the (prospective) client, and the retainer has been remitted."
By Elisa Reiter and Daniel Pollack
13 minute read
February 23, 2022 | Texas Lawyer
Might Gender-Affirming Support for Transgender Youth Constitute Child Abuse?Texas Attorney General Ken Paxton disputes the American Medical Association, the American Psychiatric Association, the American Academy of Pediatrics, and the position that those respective organizations have taken in support of individualized care of children who experience gender dysphoria.
By Elisa Reiter and Daniel Pollack
9 minute read
February 16, 2022 | Texas Lawyer
Persons Who are Deaf-Blind Need a Seat at the Legal Table"After centuries of neglect, the voices of the deaf-blind population need to be heard. Society in general, and the legal profession in particular, must be committed to empowering persons who are deaf-blind," say attorneys Daniel Pollack and Elisa Reitter.
By Daniel Pollack and Elisa Reiter
10 minute read
February 08, 2022 | Texas Lawyer
How Do the Rules of Evidence Treat a Custody Evaluation Report?If you want judicial notice to be taken, do not count on luck. Make the request on the record.
By Elisa Reiter and Daniel Pollack
12 minute read
February 08, 2022 | Texas Lawyer
Intent Is Key in the Legal Definition of 'Abandonment'Establishing clear and convincing evidence that a parent has been neglectful—leaving the children in potentially dangerous circumstances—could be a ground for termination regardless of whether or not physical abuse occurred. There is not necessarily a requirement to show that a child suffered actual injury.
By Elisa Reiter and Daniel Pollack
6 minute read
February 02, 2022 | Texas Lawyer
Terminating Parental Rights: How Much Does a Child's Voice Matter?In a 2019 article, the authors conclude that: "First, according to the 2016 estimate, 1 in 100 U.S. children will experience the termination of parental rights by age 18."
By Elisa Reiter and Daniel Pollack
11 minute read
January 24, 2022 | Texas Lawyer
The No Surprises Act: Practical Implications for Health and Mental Health ProfessionalsThe No Surprises Act dictates that the arbiter chooses the offer closest to the median in network rate, unless there is additional information that shows that the in-network rate is inappropriate.
By Elisa Reiter and Daniel Pollack
6 minute read