Be Mindful of These Top 5 Dangers in Family Law

A family law trial practice is filled with interesting issues. But because family law is such a diverse practice, it is also filled with legal pitfalls. Among the most common waiver/preservation issues are the failure to timely object to testimony or evidence, and the failure to state a specific, legal objection at trial. Other waiver issues are always lurking, though not always readily apparent. Here are some of the most common.

1. Failure to file a timely motion to transfer venue. A trial court that signed a divorce decree or a suit affecting the parent-child relationship final order is referred to as the court of continuing, exclusive jurisdiction as it retains jurisdiction to address future issues regarding the child until majority. But if the child’s county of residence (in Texas) has changed for more than six months, then a motion to transfer may be made—with an affidavit—asking for a transfer to a new jurisdiction. The transfer is mandatory if the facts are not contradicted. Respondents may also file a transfer motion with their answer. These motions and affidavits must be filed with the initial pleadings, or the transfer is waived and the parties potentially face litigation in a county where none of them live.