On November 4, 2025, Texans will cast their votes on Proposition 15 (Senate Joint Resolution 34)—a proposed constitutional amendment that could permanently shape the landscape of Texas family law. The measure, if approved, would add Article I, Section 37 to the Texas Constitution, affirming that “a parent has the responsibility to nurture and protect the parent’s child and the corresponding fundamental right to exercise care, custody, and control of the parent’s child, including the right to make decisions concerning the child’s upbringing.”

For parents in Galveston County, League City, Friendswood, La Porte, and across Texas, Proposition 15 represents more than a symbolic gesture—it’s an assertion of parental sovereignty at the constitutional level.

🏛️ The History Behind Proposition 15
The roots of Proposition 15 trace back to long-standing debates over parental rights versus government intervention. While Texas courts have long recognized parents as having a fundamental right to raise their children (most notably in Troxel v. Granville, 530 U.S. 57 (2000)), this right has existed primarily through case law and statutory interpretation—not constitutional text.

• Senate Joint Resolution 34, authored in the 88th Texas Legislature (2023), sought to codify these judicial principles directly into the state’s constitution.
• Early drafts of the bill included a strict scrutiny clause, meaning any government action infringing on parental rights would have to serve a compelling state interest and use the least restrictive means.
• However, during debate in the Texas House of Representatives, lawmakers removed the strict-scrutiny language, opting for broader, more flexible wording that still affirms parental primacy without binding courts to the highest level of judicial review.

Supporters, including family advocacy organizations and constitutional scholars, saw the amendment as a proactive safeguard—ensuring that future legislatures or agencies cannot erode parental rights through regulation or judicial reinterpretation.

Opponents expressed concern that elevating parental authority to constitutional status could complicate state intervention in cases of abuse, neglect, or medical disputes.

Despite the controversy, the measure gained strong bipartisan support and advanced to the 2025 ballot as Proposition 15.

🧩 The Purpose of the Amendment
Proposition 15 is designed to constitutionalize existing parental rights rather than create new ones. Its purpose is to provide a clear and enduring legal foundation that recognizes parents—not the state—as the primary decision-makers in their children’s lives.
This means:

• Parents’ authority over education, medical care, and moral upbringing gains explicit constitutional protection.
• Future legislation or agency rules that interfere with parental choices could face heightened judicial scrutiny.
• Courts may be guided by a renewed presumption that fit parents act in their child’s best interests, reducing opportunities for overreach by government entities.

In essence, Proposition 15 would give constitutional permanence to what family lawyers and courts already treat as the “default rule” in Texas: that parents know best—unless proven otherwise.

⚖️ Impact on Family Law Jurisprudence
If approved, Proposition 15 will not rewrite the Texas Family Code, but it will influence how judges interpret it.
Key areas of impact include:

1. Conservatorship and Custody Determinations
Texas Family Code §§153.002–.131 already presume joint managing conservatorship unless evidence shows otherwise. Proposition 15 could strengthen that presumption by anchoring it in constitutional language—potentially making it harder to restrict a parent’s decision-making authority without substantial justification.

2. State Intervention and CPS Proceedings
In cases involving Child Protective Services, the amendment could raise the bar for state intervention. Courts may require more robust proof before removing a child from parental custody, reaffirming that removal should be a last resort, not a default reaction.

3. Medical and Educational Disputes Between Parents
When parents disagree over issues such as vaccinations, schooling, or therapy, courts often apply a “best interest of the child” standard. Proposition 15 may encourage judges to defer more heavily to the primary managing conservator’s constitutional right to decide these matters, particularly where both parents are otherwise fit.

4. Grandparent and Third-Party Access Cases
Cases like In re Derzapf, 219 S.W.3d 327 (Tex. 2007), and Troxel already limit third-party access rights. Proposition 15 may further narrow those rights by embedding parental primacy in the state constitution, requiring extraordinary proof before courts override a parent’s decision to deny visitation.

📚 Long-Term Jurisprudential Effects
In the long run, Proposition 15 could signal a philosophical shift in Texas family law—away from a best interest balancing test alone and toward a dual standard that also emphasizes constitutional parental authority.
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Judges may increasingly frame opinions around two core principles:

1. The best interest of the child, and
2. The fundamental rights of fit parents.

Balancing these two principles will likely generate new case law and appeals in the coming years, as courts clarify how to apply the amendment in complex custody and modification cases.

🧭 The Palmer Law Firm’s Take
At The Palmer Law Firm, we see Proposition 15 as a reaffirmation of a principle deeply rooted in both law and common sense: parents, not bureaucracies, should guide the upbringing of their children.

If passed, this amendment will give parents additional constitutional tools to defend their role in court—particularly in contested custody cases, disputes with government agencies, or disagreements over educational and medical choices.
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Whether you’re currently involved in a divorce, custody, or modification case, understanding these evolving standards is critical to protecting your parental rights.

You and your ex finally reached a settlement. Everyone said “we’ve got a deal,” and for a moment, it felt like the hard part was over. Then—nothing. Weeks pass, and the final paperwork still isn’t done. You start wondering: What’s taking so long?
As a divorce lawyer in Texas, I can tell you this delay happens everywhere, and it’s rarely a sign of anything sinister. The slowdown that follows a settlement isn’t about bad faith—it’s about human nature, professional workflow, and the psychology of what happens after the fight is over.

The Post-Settlement Slowdown: Why It Happens
1. Lawyers are human, too. 
Many family lawyers thrive on crisis. They’re energized by hearings, deadlines, and the back-and-forth of negotiation. But once the adrenaline fades and the work shifts to drafting—the tedious, detail-heavy task of turning an agreement into a formal judgment—the momentum drops.
Psychologists call this kind of delay task aversion. It’s the tendency to procrastinate on work that’s necessary but unexciting. Even the most diligent professionals can find reasons to delay sitting down for that kind of slow, careful drafting session.

2. Drafting the final order isn’t just paperwork.
Clients often think the final decree is just a “typed-up version” of the settlement. In reality, it’s a highly technical document that must accurately capture every term in legally enforceable language—custody schedules, support obligations, property divisions, retirement accounts, debt allocation, and more.

A misplaced word or missing clause can cause enormous problems later. So careful lawyers go slowly and revise extensively, which takes time. Many firms have these documents reviewed internally by a second attorney or paralegal before they’re even sent to the other side.

3. The baton-passing adds more delay than you think.
Usually, one lawyer drafts the decree, then sends it to the other lawyer for review. That attorney redlines it and sends it back. Then come the clarifications, revisions, and final approval before signatures. Each handoff can take several days, and no one is doing it full-time—it’s balanced against hearings, court deadlines, and emergencies in other cases.
Even if everyone’s cooperative, the process can take several weeks.

4. Priorities shift when the fire is out.
Lawyers are constantly triaging their workload. When a case is settled, it stops feeling urgent. The trial, the mediation, and the immediate deadlines are over, so attention shifts to fires still burning elsewhere. Drafting the final paperwork is quiet, solitary work—easy to postpone when new crises keep appearing in the inbox.

That’s not negligence; it’s workflow psychology. Most lawyers will get it done when they feel the pressure of either a deadline or a client’s persistent follow-up.

5. Burnout and bandwidth are real.
Family law can be emotionally intense. Many practitioners carry heavy caseloads while also managing client emotions, emergencies, and court calendars. When burnout sets in, detail-oriented tasks like decree drafting are often the first to slide. Recognizing this helps you depersonalize the delay—it’s not you, it’s the system.

How Long Is “Normal”?
In most uncontested or settled divorces, two to four weeks for a draft to circulate isn’t unusual. If the case involves complex property, detailed possession schedules, or retirement divisions (like QDROs), it can take longer. After everyone signs, there may still be internal review or court scheduling delays before the decree is officially entered.

The time frame feels longer than it is because the emotional energy of the case has already peaked—you’re ready to be done, but the machinery of paperwork still has to catch up.

What You Can Do Without Starting a Fight
You don’t have to sit quietly and hope. You can nudge the process along in a professional, effective way:

1. Ask for a clear timeline.
   Have your lawyer request a projected date for receiving the draft and for final signatures. Deadlines focus attention.
2. Follow up regularly—but politely.
   A short, respectful check-in email every few days keeps the matter on the radar. No threats or frustration—just persistence.
3. Provide what’s needed quickly.
   If your lawyer requests information or documents for attachments (like deeds, titles, or child-support worksheets), respond promptly. It shortens your own end of the process.
4. Keep your expectations realistic.
   Even in smooth cases, there are multiple review layers before a decree becomes final. A little patience goes a long way.

A Little Empathy Goes a Long Way
It’s easy to feel frustrated when your case feels “done” but the finish line keeps moving. But remember—family lawyers are people, too. They’ll get it done, but like anyone else, they sometimes procrastinate on the parts of the job that feel like paperwork instead of progress.

Your best tools are persistence, clarity, and understanding. Keep it polite, keep it consistent, and the file will move forward.
Delays at this stage don’t mean your lawyer or your ex’s lawyer has forgotten you. They just mean the adrenaline has worn off, and now the case is in the quiet, careful phase where details matter most—and patience and persistence get results.

When the Spooky Holiday Falls on the Fifth Friday
Halloween is supposed to be all fun and candy — not confusion and conflict. But in 2025, the calendar adds a twist: Halloween falls on Friday, October 31 — the fifth Friday of the month.
Under the Texas Standard Possession Order (SPO), that timing matters a lot. The non-primary conservator (often called the “possessory conservator”) is entitled to possession on the first, third, and fifth Fridays of each month. That means this year, the visiting parent will have the children for Halloween weekend.

What the Texas Family Code Says
According to Texas Family Code §153.312(a) (for parents living within 100 miles of each other):
“The possessory conservator shall have the right of possession on the first, third, and fifth Friday of each month beginning at the time the child’s school is regularly dismissed and ending at the time school resumes on the following Monday.”
Because October 31, 2025, is the fifth Friday, the non-primary parent will begin their weekend possession that afternoon — either when school lets out or at 6:00 p.m. if there is no school.
This means the visiting parent will have the kids during Halloween festivities, trick-or-treating, and any weekend parties that follow.

Why This Causes Confusion
Many parents assume “Halloween night” will always follow the same rotation every year, but the Texas Family Code doesn’t list Halloween as a specific holiday.

​Instead, it falls under the normal weekend possession schedule.
That can create friction when:

• One parent expects Halloween night every year, unaware it’s actually on the other parent’s weekend;
• Both parents make plans or buy costumes; or
• The primary conservator feels left out when the non-primary parent gets two consecutive “fun” holidays (for instance, if the 5th weekend is followed by their next regular one).

Because Halloween moves through the calendar, the “who gets Halloween” question can shift from year to year — and without clear communication, misunderstandings can lead to unnecessary tension.

Example Scenario
Let’s say Mom is the primary conservator and Dad follows the standard possession order.
In 2025, since Halloween is the fifth Friday, Dad’s possession starts when school dismisses on Friday, October 31, and lasts until Monday morning.

So, Dad will have the kids for trick-or-treating and the whole Halloween weekend.
In 2026, when Halloween falls on a different weekday, that arrangement might flip — which is why it’s important for both parents to check the calendar each year.

How to Avoid Halloween Headaches

1. Check your decree early. Unless your order specifically names Halloween as a special holiday, the standard weekend schedule applies.
2. Communicate plans. Let your co-parent know about school events, church carnivals, or costume parties well before the weekend.
3. Be flexible. If it’s not your year for Halloween night, plan an alternate celebration — maybe a “pumpkin movie night” or a visit to a local festival.
4. Modify if needed. If Halloween is important to your family traditions, your attorney can help add it as a designated holiday in a future modification.

Final Thoughts
At The Palmer Law Firm, we see how small calendar quirks — like Halloween landing on the fifth Friday — can spark big misunderstandings. Knowing how your Texas Standard Possession Order applies can save you stress and help your kids enjoy the night safely and happily.
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If you’re unsure what your decree says or you’ve had recurring holiday conflicts, we can help review your order and clarify your rights before the next family dispute arises.

Serving League City, Friendswood, La Porte, and Galveston County
We can’t protect your heart, but we can protect your rights.

When someone comes to me about divorce, they’re usually in the middle of chaos — emotions are high, and the instinct is to act fast.
But before we talk about filing motions or fighting over assets, I always start with one essential question:

“What do you want your life to look like when this is over?”

That question cuts through the noise. Because clarity — not anger — is the first step in any winning legal strategy.

Why Clarity Comes Before Aggression
Many clients tell me, “I want an aggressive attorney.”
And they’re right to want that. You deserve someone who will fight hard for your rights.
But real aggression in the courtroom doesn’t come from shouting louder or filing more motions — it comes from having a well-considered plan that advances your goals efficiently and decisively.

When we take time at the start to define those goals — your priorities for your children, your finances, your peace of mind — we can direct that energy toward the right battles.

That’s how smart, strategic advocacy beats chaos every time.
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Processing First, Planning Next
Divorce is both emotional and legal.
Acting too quickly out of fear or anger can lead to decisions that hurt your long-term interests.
That’s why part of my job is to help clients pause, process, and see clearly before we act.
Once emotions settle, most people realize what really matters — their kids, their stability, their dignity.
That’s the point where we can move from reaction to direction, and where our plan becomes sharper and stronger.

Listening Is the First Step in Strategy
An effective divorce attorney doesn’t just know the law — they know their client.
I spend time understanding your story because every strategic decision depends on it.
When I know what you value most, I can focus our legal efforts exactly where they’ll make the biggest impact.
That’s what real aggressive representation looks like: controlled, informed, and aimed directly at your goals.

Turning Clarity Into Power
At The Palmer Law Firm, we don’t confuse aggression with chaos.
We channel it into a disciplined, purposeful plan that protects your rights, your future, and your peace of mind.
Because a well-considered plan is an aggressive plan — it’s the one that wins.

If you’re facing divorce in League City, Friendswood, La Porte, or anywhere in Galveston County, take the first step toward clarity.
Once you know what you want, we can build the strategy to get you there.

When couples in Texas divorce, few assets carry as much emotional and financial weight as the family home. Beyond its market value, a home represents stability, memories, and — for many — the heart of family life. For divorcing spouses in the Houston–Galveston region, deciding what happens to the family residence can be one of the most complex and emotionally charged parts of a settlement.

At The Palmer Law Firm, we often tell clients that the family home isn’t just a structure made of brick and siding — it’s a “box” that contains three smaller boxes inside: use issues, disposition issues, and tax issues. Understanding each of these areas is key to reaching a fair and informed outcome.
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1. Use Issues:
Who Stays in the Home During the Divorce?
Before a divorce is finalized, one of the most immediate questions is who gets to live in the home. Texas courts may award exclusive occupancy to one spouse — usually the parent who has primary possession of the children — as part of temporary orders.

During this time, several practical concerns arise:

• Who will pay the mortgage, taxes, and insurance?
• Who is responsible for repairs and upkeep?
• Will both spouses have access to personal belongings stored in the home?
• What happens if one spouse moves out and the other remains until the house sells?

In the Houston area, where mortgage rates have fluctuated dramatically since 2020 and home values have soared in places like League City and Friendswood, it’s common for spouses to struggle over whether one can realistically afford to stay in the house after separation.
A mediator or attorney can help establish temporary agreements that balance fairness, financial responsibility, and the children’s stability — often with the understanding that these arrangements are just that: temporary.

2. Disposition Issues: Who Ultimately Gets the Home?
Once the divorce moves toward settlement, the couple must decide the long-term fate of the property. In most Texas divorces, one of four outcomes occurs:

1. The house is sold and the net proceeds are divided according to the marital property division.
2. One spouse keeps the home, often offsetting the value with other assets (such as retirement accounts or cash).
3. The other spouse keeps the home under the same type of offset arrangement.
4. Both spouses co-own the home for a defined period — often until the youngest child graduates high school.

Each choice comes with legal and financial implications. For example, if one spouse keeps the home in League City valued at $600,000 with a $300,000 mortgage, the other spouse must be “bought out” for half of the equity (minus any agreed costs of sale). However, this buyout can be complicated if the retaining spouse cannot refinance the mortgage in their own name — a common issue when one spouse has been out of the workforce or has limited credit.

In these cases, the court may order the home to be listed for sale. The Texas Family Code allows flexibility, but the overriding rule is that property division must be “just and right” — which may or may not mean 50/50.

3. Tax Issues: Understanding Capital Gains and Deductions
The third “box” — tax issues — often catches people off guard. Even though Texas does not have a state income tax, federal tax consequences still apply when the marital home is sold or transferred.

The 2025 Federal Capital Gains Law
As of 2025, under IRS Publication 523, homeowners can still exclude up to $250,000 of capital gains on the sale of a primary residence if single, or up to $500,000 if married filing jointly. To qualify, the seller must have:

• Owned the home for at least two of the last five years, and
• Lived in it as their primary residence for at least two of the last five years.

After divorce, only the spouse who remains living in the home may later claim the exclusion individually (up to $250,000). If the couple sells the house together before the divorce is final, they may still qualify for the $500,000 joint exclusion — which can make timing the sale critical.
For instance, suppose a Friendswood couple purchased their home in 2012 for $250,000, invested $50,000 in improvements, and now sell it for $575,000. Their capital gain is $275,000. If they sell while still legally married, they can exclude the entire gain from federal taxes. If they wait until after divorce, each ex-spouse may only exclude up to $250,000, leaving a small portion potentially taxable if the home continues to appreciate.

Deductible Costs During Divorce
In the interim period, the spouse paying the mortgage may still deduct the interest and property tax portions on their federal tax return — even if temporary orders give exclusive use to the other spouse. However, these deductions must align with ownership interest and IRS allocation rules. A qualified tax advisor should review any interim arrangements before filing.

4. Calculating Equity: What’s the House Really Worth?
Before negotiating who keeps or sells the home, spouses must understand the difference between equity and capital gain — two terms that sound similar but serve very different purposes.

Here’s how equity is generally calculated:

Calculation of Equity
Example (Houston Home)
Fair Market Value (FMV)$575,000
Less: Mortgage– $300,000
Less: Equity Line / Liens– $25,000

Gross Equity
$250,000
Less: Estimated Sale Costs (≈7%)– $40,250

Net Equity
​$209,750
That $209,750 is the real amount the spouses could walk away with after a sale — before taxes or division.
When one spouse “buys out” the other, the buyout should reflect true net equity, not just the difference between value and mortgage. In many Houston-area divorces, parties also factor in estimated real estate commissions, refinance fees, and closing costs even if they decide not to sell.

5. Emotional and Strategic Considerations
While spreadsheets and tax rules are essential, the emotional side of the decision shouldn’t be underestimated. For parents, especially, the home often represents continuity for children. Many mothers and fathers in Galveston County choose to keep the family home, even at financial strain, to avoid disrupting school zones or friendships.

Attorneys play a critical role in helping clients distinguish between emotional value and financial feasibility. Sometimes, keeping the home is worth the sacrifice; other times, selling it frees both parties to rebuild more securely.

Either way, understanding the financial, tax, and emotional realities behind the decision ensures informed consent — and a smoother transition to post-divorce life.

Final Thoughts
In Texas, the family residence is often the largest community asset — and the most sentimental. Whether you’re selling, refinancing, or co-owning temporarily, your decisions should be based on clear financial data and current tax law, not just emotion.

At The Palmer Law Firm, we help clients in League City, Friendswood, La Porte, and the greater Houston area navigate the sale or retention of their homes with both fairness and foresight. If you’re facing divorce and uncertain about what will happen to your home, we can guide you through the legal, financial, and emotional aspects of this important issue.

A. Introduction
In family law, few issues cause more confusion than what happens to marital assets overlooked in a divorce decree. When community property is accidentally omitted, parties often wonder: Which court has the authority to resolve it? The Texas Legislature addressed this very problem in House Bill 1916 (2025), which amends Section 9.201 of the Texas Family Code to make jurisdictional authority unmistakably clear .

B. Changes in Family Law in Context
Under prior law, jurisdictional questions over omitted community property sometimes triggered disputes between courts of different counties—or even different districts within the same county. The absence of explicit statutory guidance left open the risk of conflicting rulings or strategic forum shopping.

HB 1916 closes this gap. The new statute specifies that the court which rendered the divorce decree, annulment, or prior property division order retains continuing, exclusive jurisdiction to adjudicate division of any undivided community property . By codifying this rule, the Legislature has reinforced judicial efficiency and consistency in post-divorce property cases.

C. Practical Implications for Family Lawyers
For practitioners, this amendment eliminates uncertainty. Attorneys now know that any dispute about omitted property must return to the original court of record. This reduces:

• Jurisdictional challenges: No more jockeying between counties or courts.
• Inconsistent outcomes: The same judge who issued the decree has the authority to finish dividing the estate.
• Litigation costs: Clients avoid unnecessary procedural fights before substantive issues are ever reached.

D. Hypothetical Use Scenarios
Consider two common examples:

• Forgotten Retirement Account: A 401(k) was inadvertently left out of the divorce decree. Rather than filing a new action in another county, the parties must go back to the original divorce court for adjudication.
• Unaddressed Real Estate: A jointly owned parcel of land was omitted from the decree. Under HB 1916, the same court that finalized the divorce retains jurisdiction to divide that property, regardless of where the land is located.

E. Guidance for Practitioners
Attorneys should take the following steps in light of HB 1916:

1. File in the Correct Court: Always return to the original divorce court when seeking division of omitted assets.
2. Advise Clients Early: Explain to clients that jurisdictional disputes are no longer a viable tactic—reducing both cost and delay.
3. Draft Decrees Carefully: While HB 1916 provides clarity after the fact, the best practice remains to ensure that all community property is identified and divided at the time of divorce.

F. Looking Ahead
Because HB 1916 applies to cases filed on or after its effective date as well as those already pending, its impact is immediate . Judges and practitioners alike can rely on a statutory rule that enhances predictability in post-divorce litigation. This reform also reflects a broader legislative trend in Texas: streamlining family law procedures to reduce gamesmanship and emphasize fairness.

G. Conclusion: Why This Change Matters
HB 1916 may appear procedural, but its implications are significant. By ensuring that unresolved property issues return to the original court, the Legislature has strengthened judicial economy, protected litigants from conflicting rulings, and reinforced the integrity of divorce decrees. For lawyers—whether family law specialists or those in adjacent practice areas—the statute provides clarity that is both immediate and enduring.
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For non-family lawyers who encounter clients with unresolved divorce property issues, knowing about HB 1916 is invaluable. And for those clients, having a trusted family law practitioner who understands these nuances can make all the difference.

Starting September 1, 2025, a new law--Texas House Bill 1973—will change the way parents and families file cases involving children in Texas courts. This law amends Texas Family Code § 102.008, which governs the filing of a Suit Affecting the Parent-Child Relationship (SAPCR).
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If you are beginning a case about custody, visitation, child support, or other parent–child issues, you will now be required to submit a certified copy of your child’s birth certificate at the time you file.

This new requirement is important for anyone considering family litigation in Texas, so let’s break it down.

What the New Law Requires

1. Certified Birth Certificate Must Be Filed
   • When you file a SAPCR, you must include a certified copy of the child’s birth certificate.
   • This document must be filed under seal and kept separate from the other court papers.
   • This means it will not be part of the public case file and will be protected from public view.
2. Alternative Proof Allowed if Needed
   • If a certified copy is not available or if the certificate doesn’t list both parents, the judge may ask for other proof of parentage, such as hospital records or an acknowledgment of paternity.
   • These documents will also be kept confidential.
3. Exceptions for State Cases
   • If the case is brought by the Texas Attorney General’s Office (such as a child support enforcement case), this requirement does not apply.

Why Did Texas Make This Change?
The Legislature passed HB 1973 to make sure courts have accurate, official proof of a child’s identity and parentage from the very beginning of a case.
This has several benefits for families:

• Accuracy: Ensures there’s no confusion about the child who is the subject of the case.
• Efficiency: Reduces disputes later in the process about names, dates of birth, or parentage.
• Privacy: By requiring the document to be filed under seal, it protects children’s sensitive information from appearing in public court records.

What This Means for Families Going to Court
If you plan to file a custody, visitation, or support case after September 1, 2025, you should:

• Obtain a certified copy of your child’s birth certificate before filing.
• Work with your attorney to make sure it is filed correctly--under seal and separately from your petition.
• Be prepared that the court may ask for the document before your case can move forward.

If you don’t have a certified copy yet, don’t panic—there are clear ways to get one.

How to Get a Certified Birth Certificate in Texas
In Texas, certified copies are issued by the Texas Department of State Health Services (DSHS) or by local county clerk/city registrar offices. Here are your main options:

1. Order Online
   • Visit the official Texas.gov Vital Records portal.
   • This is usually the fastest option. You will need to prove your identity and your relationship to the child.
2. In Person at a Local Office
   • Many county clerk and city registrar offices can issue certified copies for births in Texas.
   • In some locations, you can get the certificate the same day you apply.
   • The fee is usually around $23 per copy.
3. By Mail
   • You can submit a request by mail using a DSHS form.
   • Standard processing may take 6–8 weeks, while expedited requests can take about 3–4 weeks.

Who Can Order a Certificate?
Only certain people are allowed to order a certified copy:

• The person named on the birth certificate, if an adult.
• A parent or immediate family member.
• A legal guardian or legal representative (such as an attorney with proper authorization).

If the Child Was Born Outside TexasYou will need to request a certified copy from the state or country where the child was born. Each state has its own process, and the CDC Vital Records directory lists where to apply.

What Happens if You Don’t Have It When You File?
The new law allows a judge to ask another party to provide the birth certificate during the case. However, waiting can cause delays. The best practice is to get the certified copy in hand before filing so your case is not slowed down.

Takeaway for ParentsIf you are planning to file a custody, visitation, or child support case in Texas, be aware that starting September 1, 2025, you will need a certified copy of your child’s birth certificate.
Our firm can help guide you through:

• Obtaining the birth certificate if you don’t already have one,
• Making sure it is filed properly under seal, and
• Protecting your family’s privacy throughout the process.

At The Palmer Law Firm, we stay ahead of changes like HB 1973 so our clients don’t have to worry about surprises. If you are considering filing a case involving your child, call us at 832-819-3529 or visit us at 550 N. Egret Bay Blvd, League City, TX to schedule a consultation.

Divorce is stressful enough without the IRS showing up at your door. Dividing property, planning finances, and moving forward with life requires careful legal attention. But what happens when an IRS tax lien—something you can’t see in the property records—suddenly appears?
A cautionary tale involving a fictional couple—let’s call them Mark and Linda Taylor—illustrates the hidden dangers.
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The Taylor Divorce and the Family Home
Mark and Linda finalized their divorce in December 2001. As part of the settlement, Mark transferred his share of the family home to Linda. In exchange, she paid him $60,000 in cash and agreed to take over the mortgage.

Linda did what most people would do: she ran a title search before recording the quitclaim deed. The search showed no liens beyond the mortgage. Confident she had clear title, she recorded her deed at the end of December.

What neither spouse knew was that earlier that same month, on December 2, 2001, the IRS had quietly made an income tax assessment against Mark for an old, unpaid return. By law, that assessment created a lien against all of Mark’s property interests—even though nothing appeared in the records at the time. Almost a year later, the IRS filed a notice of tax lien and claimed its rights were superior to Linda’s ownership.

Why the IRS Could Make That Claim
This scenario turns on several sections of the Internal Revenue Code:

• 26 U.S.C. § 6321: When a taxpayer fails to pay federal taxes after demand, a lien automatically arises on “all property and rights to property” belonging to the taxpayer.
• 26 U.S.C. § 6322: That lien takes effect at the time of assessment and continues until the tax liability is paid or becomes unenforceable by lapse of time.

That means when Mark signed over the house, the lien had already attached—even though Linda had no notice of it.
The only potential protection for Linda was to prove she qualified as a “purchaser” under:

• 26 U.S.C. § 6323(a): Certain buyers of property can take priority over the IRS lien if they purchase before the government files its notice.
• 26 U.S.C. § 6323(h)(6): A purchaser is defined as someone who, for “adequate and full consideration in money or money’s worth,” acquires an interest in property that is valid under local law against subsequent purchasers without notice.

Linda had clearly paid $60,000 in cash. But she also gave up her right to future alimony and released Mark from sharing the mortgage debt—things the Treasury Regulations specifically say are not “money or money’s worth.” (See Treas. Reg. § 301.6323(h)-1(a)(3).)

That left her legal footing uncertain, and the IRS’s claim loomed over her ownership.

The Practical Lesson
The lesson for divorcing spouses is clear:

• If your spouse has ever filed a separate tax return, confirm that taxes were actually paid.
• Do not rely solely on a routine title search. Federal liens can exist invisibly from the moment of assessment.
• For complete assurance, consider making a direct inquiry to the IRS. Yes, it may feel like “poking the bear,” but without it, you risk inheriting a tax problem you never saw coming.

Protecting Yourself in a Texas Divorce
Property division in divorce is not just about splitting assets—it’s about avoiding hidden liabilities. IRS liens, retirement division, and complex marital estates require experienced legal guidance.

At The Palmer Law Firm, we have decades of experience in Texas divorce law, and we know how to safeguard clients from financial traps like secret tax liens.
​
If you’re preparing for divorce, don’t risk surprises that could cost you your home or financial stability. Schedule a confidential consultation today.
📞 Call The Palmer Law Firm, or visit www.thepalmerlawfirm.com to secure your future with experienced legal representation.

Infidelity is one of the most devastating breaches of trust in a marriage. While every relationship has its struggles, cheating crosses a line that undermines the very foundation of the marital commitment. Yet, those caught cheating often scramble to explain away their behavior. Understanding why people rationalize infidelity can help spouses in League City, Friendswood, Clear Lake, Galveston, and Harris County, Texas see the situation more clearly—and decide how to move forward.
​
What Is Cognitive Dissonance?
At the heart of many excuses for cheating lies a psychological phenomenon known as cognitive dissonance. Coined by psychologist Leon Festinger in the 1950s, cognitive dissonance describes the mental discomfort people feel when they hold two conflicting beliefs or behaviors at the same time .
For example:

• Belief: “I’m a good, loyal spouse.”
• Behavior: “I cheated on my spouse.”

The tension between those two creates discomfort. To reduce that discomfort, the cheating spouse may invent justifications, excuses, or rationalizations so they can continue to see themselves as a “good person” despite their harmful actions.

Ten Common Excuses for Cheating
Here are ten of the most frequently heard rationalizations from unfaithful partners, along with a breakdown of why they fail:

1. “I wasn’t happy in my marriage.”
   Unhappiness doesn’t justify betrayal. Problems should be addressed through communication, counseling, or, if necessary, divorce—not infidelity.
2. “It just happened.”
   Affairs don’t just fall out of the sky. They involve choices, often repeated ones, to cross boundaries and deceive.
3. “My spouse stopped meeting my needs.”
   No spouse can meet every emotional or physical need all the time. Cheating is a decision to avoid honest discussion or counseling.
4. “I needed an escape from stress.”
   Stress is part of adult life. Turning to infidelity as a coping mechanism only creates greater long-term damage.
5. “It was only physical—it didn’t mean anything.”
   Whether physical or emotional, cheating is still a betrayal. The intent to deceive undermines the bond of trust.
6. “I was drunk.”
   Alcohol may impair judgment, but it doesn’t erase responsibility. Choosing to drink to excess is itself a decision.
7. “Everyone does it.”
   This is the classic bandwagon excuse. In truth, most people do not cheat—and even if they did, that wouldn’t make it right.
8. “I didn’t think I would get caught.”
   This reveals selfishness rather than remorse. Marriage vows are not conditional on the likelihood of discovery.
9. “It was just online flirting/texting.”
   Digital affairs may not involve physical contact, but they still breach trust and can be just as damaging emotionally.
10. “I was lonely.”
    Loneliness can be real, even within a marriage. But healthy options—open communication, therapy, community—exist without resorting to betrayal.

Why There Is Never an Excuse
All of these justifications are attempts to ease cognitive dissonance by shifting blame or minimizing harm. But the truth is simple: cheating is always a fundamental breach of the marital agreement unless both partners have explicitly agreed otherwise.

In Texas, adultery remains a recognized ground for divorce under the Texas Family Code . While courts sometimes view adultery claims with skepticism or give them limited weight in property division, it can still be a real and viable legal basis for ending a marriage. Judges may consider adultery when dividing community property, potentially awarding a disproportionate share to the innocent spouse .
Conclusion: No Excuses for Cheating

If you believe your spouse is cheating and the betrayal has ended the legitimate foundation of your marriage, it is important to know your rights. Counseling may not always be a solution, especially when trust is permanently broken.

At The Palmer Law Firm, we believe there are no excuses for infidelity. Adultery is a betrayal not just of trust, but of the legal and emotional bond of marriage.  If you’ve been unfaithful, admitting your mistake and stopping the excuses is the first step to moving forward. And if you’re being falsely accused of cheating, you shouldn’t have to carry that burden alone. Either way, adultery does not automatically decide property, custody, or support outcomes in Texas. At The Palmer Law Firm, we provide strong, fair representation—whether you need guidance through the fallout of infidelity or defense against false allegations—to ensure your side is heard and your future is protected.

👉 Call The Palmer Law Firm today for a free consultation if you live in League City, Friendswood, Clear Lake, or anywhere in Harris or Galveston County, Texas, and infidelity is leading to divorce. We’ll discuss your options, protect your rights, and help you move forward with dignity and strength.

When superstar Taylor Swift and NFL star Travis Kelce announced their engagement, the media buzzed with excitement. But beyond the romance, their engagement offers an important reminder for couples everywhere: love and commitment are best supported by clear, thoughtful financial planning. At the top of that list is a prenuptial agreement.

Even for couples who share genuine affection, marriage is not just a personal bond—it’s a legal and financial union. Without a prenup, the law makes default decisions about property, income, and debt. For couples like Swift and Kelce, with fortunes built on music catalogs, brand endorsements, and NFL salaries, a prenup will almost certainly spell out which assets remain separate, how future earnings are treated, and what happens in the event of divorce or death. While their circumstances may seem larger-than-life, the same principles apply to everyday couples in Texas.

Why Texas Couples Should Consider a Prenup
Texas is a community property state, which means most income earned during the marriage is considered jointly owned. A prenup allows couples to opt out of these defaults and set their own rules. It can:

• Protect premarital assets such as homes, businesses, or inheritances.
• Define responsibility for debts like student loans or credit cards.
• Establish clarity around future earnings, retirement accounts, or business growth.
• Align estate planning goals, especially when children from prior relationships are involved.
• Reduce conflict and legal costs if the marriage ever ends.

The key is that prenups in Texas must be in writing, voluntary, and signed with full financial disclosure. When done properly, they are enforceable and provide lasting peace of mind.

Not Just for Celebrities
You don’t have to be a billionaire musician or a professional athlete to benefit from a prenup. Even if your assets are modest, having an agreement in place can protect your financial stability, clarify expectations, and avoid disputes down the road. In many cases, a prenup can strengthen a relationship by forcing open and honest conversations about money before marriage.

Plan for the Future With Confidence
Swift and Kelce’s engagement highlights the wisdom of combining romance with realism. By planning ahead, couples honor both the emotional and the practical aspects of marriage. A well-drafted prenup is not about expecting failure—it’s about respecting what each partner brings into the relationship and ensuring both are protected.

At The Palmer Law Firm, we help Texas couples craft clear, fair, and enforceable prenuptial agreements tailored to their unique needs. Whether you have significant assets to protect or simply want peace of mind, our firm can guide you through the process with compassion and skill.

If you’re engaged or considering marriage, now is the perfect time to plan for your financial future. Contact The Palmer Law Firm today for a free consultation about prenuptial agreements. Let us help you protect your rights, your assets, and your peace of mind—so you can say “I do” with confidence.

Grandparents have always played a vital role in raising children in Texas. Sometimes, when parents are unable—or unwilling—to step up, grandparents are the ones who provide stability, love, and a safe home. But the law controls whether grandparents (and other relatives) are even allowed to bring a case to court to protect a child.
This year, the Texas Legislature passed two new bills--House Bill 2350 and Senate Bill 2052—that make it harder for non-parents to get custody rights. These changes take effect on September 1, 2025, and they will directly impact grandparents who are stepping in to raise grandchildren.
Here’s what you need to know.

HB 2350: A Higher Hurdle for GrandparentsUnder the old law, a grandparent (or another non-parent) could sometimes get into court by showing they had provided “actual care, control, and possession” of a child for at least six months. That meant that even if a parent was still somewhat involved, a grandparent who was heavily involved in day-to-day care often had the right to file.
Starting September 1, 2025, the law changes. HB 2350 now requires proof of exclusive care—not shared caregiving. In other words, grandparents will have to show they were the only ones providing care, not just helping out alongside a parent.
The law does expand who counts as a relative if both parents have passed away—extending eligibility all the way to fourth-degree relatives (like great-aunts and great-uncles). But for most grandparents raising children while a parent is still alive, the bar has gotten higher, not lower.

SB 2052: Courts Must Favor Parents—Unless You Can Prove HarmThe other new law, SB 2052, strengthens what’s called the “parental presumption.” That means that courts must start with the assumption that a child’s best interest is to stay with their parent.
For grandparents, this means that it isn’t enough to show that you’ve been raising the child or that you can offer a more stable home. You now have to prove—by “clear and convincing evidence”—that the child’s health or emotional well-being would be seriously harmed if they stayed with their parent.
On top of that, any grandparent filing a case has to submit a detailed affidavit spelling out exactly why the child would be at risk. If the affidavit doesn’t meet the legal requirements, the case can be thrown out before it even begins.

What This Means for GrandparentsThese new laws make it harder for grandparents to step in—but they don’t shut the door completely. If you’ve been the primary caregiver for your grandchild, or if you believe your grandchild would be in danger without your intervention, you still have legal options.
The key is preparation. You’ll need strong evidence, careful documentation, and a legal strategy that addresses these new requirements head-on. You’ll also need to act quickly, because the old rules still apply to cases filed before September 1, 2025.

How The Palmer Law Firm Can HelpAt The Palmer Law Firm, we understand how deeply grandparents care for their grandchildren—and how frightening it can be to face new legal obstacles. We are committed to helping grandparents assert their rights and protect the children they love.
If you are already caring for your grandchild, or if you believe your grandchild’s safety is at risk, don’t wait. Call The Palmer Law Firm today for a consultation. We’ll explain your rights, help you gather the evidence you need, and guide you through the process of seeking custody or visitation under these new laws.
Your grandchildren deserve stability and love. Let us help you make sure the law recognizes the role you play in their lives.

Executive Summary
 
Wearable AI notetakers and voice‑recording devices—ranging from Plaud recorders to pendant‑style AI transcription tools—are changing how information is captured in day‑to‑day life. In Texas, where one‑party consent governs in‑person conversations, these devices raise profound questions about admissibility, privacy, and strategy in divorce and custody disputes. Properly obtained, authenticated, and introduced, such recordings can play a decisive role in litigation. Yet they also carry risks of exclusion, ethical missteps, and even civil liability. This paper explores the current legal framework under the Texas and Federal Rules of Evidence, the relevant case law, and the ethical dimensions of using this technology in family law. It concludes with an assessment of where courts are likely headed and how attorneys should respond.
 
The Rise of Wearable AI in Litigation Context
 
In recent years, devices such as the Humane AI Pin, Plaud recorders, and the Limitless pendant have transformed from niche gadgets to mainstream tools. These devices are designed to sit unobtrusively on a lapel or collar, constantly listening for conversations and converting them into searchable transcripts. For a spouse or parent navigating a high‑conflict divorce, the temptation to use such tools is obvious. A recording of a co‑parent angrily disparaging the other parent during a custody exchange, for example, may provide concrete evidence of conduct harmful to the child. A transcript of a heated conversation about hidden assets might become central to a dispute over property division. The promise of hard evidence in otherwise credibility‑driven disputes is alluring.
Yet this same promise presents dangers. If recordings are made illegally, or if they cannot be properly authenticated, they may be excluded or worse, expose the recording party to civil or criminal liability. The emergence of AI transcription adds another layer: courts must grapple with whether transcripts are accurate and whether they are evidence themselves or merely demonstrative aids.
 
Lawful Capture Under Texas and Federal Law
Texas Penal Code § 16.02 makes it clear that the state follows a one‑party consent rule. If you are a party to an in‑person conversation, you may lawfully record it. This aligns with the federal Wiretap Act, which also permits recordings made with the consent of at least one participant. The critical distinction is that Texas law does not allow you to secretly record a conversation between two other people when you are not present. That would constitute an unlawful interception and subject the recording party to both suppression of the evidence and potential liability.
 
The Texas Supreme Court highlighted the civil ramifications of unlawful interception in Taylor v. Tolbert, 644 S.W.3d 637 (Tex. 2022). In that case, interspousal interception led not only to exclusion issues but also to civil claims. In family law litigation, this risk is amplified: a spouse hoping to capture an incriminating exchange may inadvertently commit a serious wrong.
There is also a narrow “vicarious consent” doctrine recognized in Texas criminal cases such as Alameda v. State, 235 S.W.3d 218 (Tex. Crim. App. 2007). Under this doctrine, a parent may record a child’s conversations if the parent has a good‑faith and objectively reasonable belief that it is necessary for the child’s best interest. Federal courts, such as in , Pollock v. Pollock, 154 F.3d 601 (6th Cir. 1998)have articulated similar principles. This exception, however, is narrow and fact‑intensive, and lawyers should advise clients to tread carefully.
 
From Capture to Courtroom: Relevance, Hearsay, and Authentication
 
The Texas Rules of Evidence set the guardrails for what recordings may reach the ears of a judge. First, any recording must be relevant under TRE 401–402. In practice, this is usually straightforward: a recording showing disparagement of a co‑parent or evidence of intoxication during a possession period is plainly relevant to the child’s best interest under Tex. Fam. Code § 153.002 and the Holley v. Adams, 544 S.W.2d 367 (Tex. 1976) factors.
 
Second, hearsay rules must be considered. Fortunately, many statements caught on recordings will be admissions of a party opponent and therefore non‑hearsay under TRE 801(e)(2). Others may fall into exceptions such as present sense impressions or excited utterances under TRE 803(1)–(2). Imagine a spouse yelling during an argument, “You’re never seeing the kids again!” Such a statement, recorded in the moment, can be admitted as both a party admission and possibly as an excited utterance.
 
The third, and often most hotly contested, issue is authentication. Under ,TRE 901 the proponent must show that the recording is what it purports to be. Courts have adopted a practical approach. In Tienda v. State, 358 S.W.3d 633 (Tex. Crim. App. 2012), the Court approved authentication of social media posts through circumstantial details, emphasizing that context and distinctive characteristics can be enough. The same logic applies to recordings. The best practice is to combine witness testimony (“That is my voice, that is the conversation we had on June 2”), device metadata, timestamps, and even digital hash values to show integrity. The emergence of federal Rule of Evidence 902(13)–(14), which permits self‑authentication through process certifications and hash verification, signals where Texas practice may be headed.
 
Finally, one must consider Rule 403. Even relevant and authenticated recordings may be excluded if the probative value is substantially outweighed by unfair prejudice. In Montgomery v. State, 810 S.W.2d 372 (Tex. Crim. App. 1991), the Court emphasized the trial judge’s balancing role. In family cases, recordings full of profanity or references to unrelated misconduct may invite 403 challenges. Offering redacted versions or agreeing to limiting instructions may preserve admissibility while minimizing prejudice.
 
Discovery, Preservation, and Spoliation
 
Discovery battles over recordings are increasingly common. Texas Rule of Civil Procedure 196.4 governs requests for electronic data. The Texas Supreme Court in In re Weekley Homes, L.P., 295 S.W.3d 309 (Tex. 2009), made clear that direct access to another party’s electronic devices is disfavored absent a strong showing of necessity. Instead, litigants should expect to produce native recordings with metadata and logs showing when and how the file was created.
Preservation is equally critical. In  the Court stressed the Brookshire Bros. v. Aldridge, 438 S.W.3d 9 (Tex. 2014),duty to preserve relevant evidence once litigation is anticipated. For recordings, this means keeping the original file untouched, documenting the chain of custody, and disclosing any edited versions as separate from the original. AI transcripts should also be preserved, along with the metadata that shows when and how they were created.
 
Ethical Dimensions
 
Attorneys must guide clients not just on what is legal, but on what is ethical. Texas Ethics Opinion 514 (1996) allows a lawyer to record conversations without disclosure if it is lawful, but warns against encouraging clients to engage in illegal or deceptive practices. Moreover, recordings that capture attorney‑client communications, therapy sessions, or privileged exchanges risk waiving privilege or triggering disciplinary action. The rule of thumb is simple: never advise a client to record in a way that violates consent rules, and never accept or attempt to use evidence that was unlawfully obtained.
 
It is also critical to distinguish between private recordings and courtroom recordings. Texas Rule of Civil Procedure 18c, along with local rules, prohibits unauthorized recording in the courtroom. Nothing in this paper should be read to suggest that a litigant can record hearings or trials. Those rules remain strict.
 
Practical Scenarios and Recommendations
 
Consider a father in a custody dispute who wears a Plaud recorder during exchanges at school. When the mother repeatedly shouts at him in front of the children, he captures not only her words but also the children’s reactions. In court, this evidence could strongly influence the judge’s assessment of which parent fosters a healthier environment. If, however, he had left the device in the child’s backpack to capture conversations between the child and the mother without his presence, he would have crossed into unlawful interception.
 
Or imagine a spouse who records a conversation in which the other admits to concealing bank accounts. That recording, authenticated and corroborated, could support a disproportionate division of the community estate. But if the recording was edited to omit the recorder’s own admissions, the opposing party could invoke Rule 106 to compel admission of the entire exchange.
 
The lesson is that wearable AI recordings are powerful but double‑edged. Used properly, they provide compelling, admissible evidence. Used carelessly, they can backfire or even create liability.
 
Outlook: Where Texas Courts Are Headed
 
At present, Texas courts are open to admitting recordings made by a party to a conversation, so long as they are relevant, authenticated, and not unfairly prejudicial. In custody and family‑violence cases especially, such recordings can tip the balance in close disputes. Looking forward, expect courts to demand more rigorous digital authentication, including hash‑based certifications, and to become more skeptical of edited or context‑stripped clips. Attorneys who prepare thoroughly—laying foundations under Rules 901, 902, 801, and 403—will have an advantage.
 
The proliferation of wearable AI means that family law will continue to be on the cutting edge of evidentiary battles. Judges will increasingly be asked to weigh privacy, fairness, and probative value in cases where the human stakes could not be higher.
 
Conclusion
 
Wearable AI notetakers and covert personal recordings are reshaping the landscape of Texas family law. They are not a gimmick—they are becoming central to custody, property, and protective order disputes. But they must be used lawfully, authenticated carefully, and presented ethically. The Texas lawyer who masters these tools will not only protect their clients from pitfalls but will also wield one of the most persuasive forms of modern evidence.
 
About the Author
 
Sean Y. Palmer, founder of The Palmer Law Firm, is a Texas divorce and family law trial lawyer with over twenty years of experience. He represents clients in high‑conflict divorces and custody disputes and frequently writes and speaks on evidentiary issues and emerging technologies that impact family law litigation.

When physicians face divorce, the emotional toll can be overwhelming. Add in financial uncertainty — dividing assets, planning for child support or spousal maintenance, and protecting your professional income — and it’s no wonder many doctors feel stretched to their limits.
But just like the stock market weathers downturns and rebounds, you can steady your financial life during a divorce with a clear, disciplined plan. Drawing from insights shared by financial experts like Dr. James Dahle (the White Coat Investor) and my own experience as a Texas family law attorney, here are some key strategies for physicians navigating divorce.

1. Stick With a Plan, Even During Chaos
Markets rise and fall. So do personal circumstances. During divorce, it’s tempting to make rash financial moves — cashing out retirement, selling investments, or overspending to soothe stress. But the lesson from financial history holds true: stability comes from consistency.
In a Texas divorce, your financial “plan” includes protecting community property, ensuring proper valuation of medical practices or retirement accounts, and negotiating long-term payouts where appropriate. Knee-jerk decisions almost always cost more in the long run.

2. Financial Stress and Burnout Are Real
Physician burnout is often linked to financial stress. Divorce only magnifies it. The uncertainty of support obligations, potential division of retirement, and changes to lifestyle can make you feel trapped.
But having your financial ducks in a row gives you freedom. A clear property division, fair child support order, and realistic spousal support arrangement can allow you to continue practicing medicine on your terms — maybe cutting back hours, reducing patient load, or even stepping into a new role without fear of financial collapse.

3. Income Differences Matter — But Don’t Define the Outcome
Primary care physicians often earn less than specialists, but that doesn’t mean financial independence is out of reach. The same is true in divorce: even if your income is lower than your spouse’s, Texas courts focus on fairness under community property law, not simply income comparison.
If you’re the higher earner, proper structuring of support payments and asset division can prevent you from being overburdened. If you’re the lower earner, your attorney can ensure you receive a fair share of the marital estate.

4. Choose Advisors Who Put You First
One of Dr. Dahle’s strongest points is that many so-called “advisors” are really salespeople. In divorce, the same applies: not every mediator, financial planner, or even attorney has your best interest at heart.
Look for fiduciary financial planners who understand physician compensation structures, retirement plans, and practice valuations. And choose a divorce lawyer who knows both the law and the financial realities of medicine. In Texas, we routinely deal with complex QDROs, stock options, and practice ownership interests — you want someone who can translate that complexity into a workable settlement.

5. Avoid Common Pitfalls
Physicians often make the same mistakes in both investing and divorce:

• Spending everything rather than budgeting for future needs.
• Failing to save enough for retirement or children’s expenses.
• Listening to poor advice from unqualified professionals.
• Ignoring asset protection strategies until it’s too late.

In divorce, these mistakes can leave you financially vulnerable. The key is to build a sustainable settlement that works not just for today, but for the next 10, 20, or 30 years.

Final Thought: Protect Your Practice, Protect Yourself
Divorce doesn’t have to derail your career or your finances. Just as the markets eventually rebound, your financial life after divorce can stabilize — if you stick with a disciplined plan, surround yourself with the right advisors, and avoid short-sighted decisions.

As a Texas divorce attorney who works closely with physicians, I’ve seen firsthand how thoughtful planning can turn a potentially devastating process into a manageable transition.

If you’re a physician facing divorce, the best investment you can make right now is not in the stock market, but in trusted legal and financial guidance that keeps you steady through uncertainty.

When most people think of divorce evidence, they picture financial records, witness testimony, or photographs. But in today’s world, some of the most powerful evidence never makes it into a file folder. It lives — and often hides — in our phones, computers, and online accounts.
In Texas divorce cases, especially those involving significant assets or contested custody, digital forensics can play a decisive role. This process involves retrieving hidden or deleted data from electronic devices in a way that preserves authenticity and makes the information admissible in court.

What Is Digital Forensics?Digital forensics is the science of extracting and analyzing information from electronic devices such as smartphones, laptops, tablets, and cloud storage. Unlike casually “recovering” a deleted file, forensic recovery is done with specialized tools and procedures that ensure:

• The data is not altered in the process.
  
• A documented chain of custody is created.
  
• The evidence can withstand scrutiny in court.
  

In Texas, evidence that cannot be authenticated or is improperly handled will almost always be excluded. That’s why the method of collection is just as important as the data itself.

Why Digital Forensics Matters in DivorceDivorces involving high-net-worth individuals, complex finances, or strained custody disputes often raise questions that can’t be answered with bank statements alone. Here are some scenarios where digital forensics has become crucial in Texas courts:
1. Uncovering Hidden AssetsA spouse may “forget” to disclose an investment account or transfer funds into a cryptocurrency wallet. Deleted spreadsheets or transaction records recovered from a personal laptop can reveal the true financial picture, ensuring a fair division of community property.
2. Deleted Text Messages in Custody CasesIn custody disputes, communication between parents is often front and center. Imagine one parent denies disparaging the other or denies sending inappropriate late-night texts while the child was present. Forensic recovery can bring those deleted conversations back to light.
3. Proving Timing of Accounts or AssetsTexas is a community property state, which means whether an account is community or separate property often depends on when it was acquired. Metadata — the hidden timestamps attached to digital files — can establish whether an account was opened before or after the date of marriage or separation.
4. Enforcing Court OrdersEven after temporary orders are issued, some spouses continue to push boundaries. For example, they may use alternate social media accounts to contact the other spouse or violate injunctions against harassment. Forensic review can uncover those violations, providing grounds for sanctions or modified orders.

Admissibility in Texas CourtsTexas courts apply strict evidentiary standards to digital material. For digital evidence to be admitted, it must:

1. Be Authenticated – The party offering the evidence must prove it is genuine. Forensics provides a documented process to do so.
   
2. Maintain a Chain of Custody – From device to courtroom, the handling of the evidence must be documented without gaps.
   
3. Be Relevant – The evidence must relate directly to issues before the court, such as property division, custody, or spousal maintenance.
   

Handled improperly — for example, by self-help methods or unauthorized snooping — digital evidence can be excluded and may even backfire. Texas law also limits the interception of communications, so it’s critical to work within legal channels.

Practical TakeawaysFor clients involved in high-stakes divorce cases, the lesson is clear:

• Deleted does not mean gone. Attempting to hide evidence through deletion or concealment rarely succeeds when forensic review is involved.
  
• Proper collection matters. Courts do not reward “DIY investigations” that violate privacy laws or compromise data.
  
• Digital forensics levels the playing field. Whether uncovering hidden wealth or clarifying disputed communications, forensic evidence provides judges with reliable, verifiable facts.
  

ConclusionDivorce in Texas isn’t just about dividing assets or determining custody — it’s about truth. And in the digital age, truth often hides in metadata, deleted files, and device histories.
When handled correctly, digital forensics offers courts a clear window into behavior, finances, and communication. For families navigating complex divorces, that clarity can make all the difference.

It’s a common but heart-wrenching story. A father finds out that the mother of his child has suddenly packed up, moved to another state, and taken the child with her—without a court order, and without his consent. He’s left behind, wondering what rights he has, whether Texas courts still have authority to intervene, and how to even begin the process of asserting his parental rights. If this sounds like your situation, read on—there’s good news and some critical steps you need to take immediately.

No Custody Orders? You're Not Alone.
Many unmarried or divorcing parents find themselves in legal limbo when no formal custody orders have been issued. Without a signed court order determining conservatorship (custody), possession, and access, both parents technically have equal rights to the child under Texas law. That means that although the mother may have taken the child across state lines, she hasn't necessarily broken the law—but that doesn’t mean she’s immune from legal consequences, either.

Jurisdiction Starts at Home.
The first issue to address is whether Texas courts can even hear your case. In legal terms, this is called jurisdiction. For custody and visitation matters, Texas follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Under the UCCJEA, the “home state” of the child—where the child has lived with a parent for at least six consecutive months immediately before the start of the case—has exclusive jurisdiction to make initial custody determinations.

What if the Child Has Left Texas?
If the child lived in Texas for at least six months before the mother left the state, Texas is still the home state—even if the child is now residing elsewhere. That means Texas courts can still assert jurisdiction to issue initial custody orders. But timing matters. The longer the child stays gone, the weaker the jurisdictional argument becomes. That’s why acting quickly is critical.

What if the Child Hasn’t Lived in Texas Long Enough?
Let’s say the child recently moved to Texas and didn’t reside here for a full six months. In that case, the court will look to the child’s previous home state—perhaps Nebraska, Pennsylvania, or wherever the child lived before. But if no other state qualifies under the UCCJEA as the home state, Texas may still exercise jurisdiction if the child and at least one parent have significant connections here, and if substantial evidence about the child’s care is available in Texas.

The Challenge of Service of Process.
Filing a custody case is only half the battle. You must also properly serve the other parent with legal notice of the case. If the mother is now living out of state, service becomes more complicated—but not impossible. Texas allows service of process outside the state, but you must strictly follow both Texas rules and those of the state where she currently lives. Failure to serve her correctly could delay your case or even get it dismissed.

Filing for Divorce and Custody Together.
If you’re married to the child’s other parent, filing for divorce in Texas can allow you to request temporary custody orders immediately, even before the final divorce is granted. Texas allows divorce filings as long as you have been a resident of the state for at least six months and of the county for at least 90 days. So long as Texas is the child’s home state (or qualifies under the UCCJEA’s fallback rules), a Texas judge can also rule on custody during the divorce.

Emergency Jurisdiction: A Limited but Powerful Tool.
If your child is in immediate danger—say, due to neglect, abuse, or unstable living conditions in the new state—Texas courts can assert temporary emergency jurisdiction. But this is reserved for truly urgent situations and won’t result in permanent custody orders unless Texas becomes the home state or the other state declines jurisdiction.

Don’t Wait—Silence Can Be Misconstrued.
One of the biggest mistakes a parent can make is doing nothing. If the other parent remains in another state long enough with the child, that state could eventually become the new home state. And if you haven’t taken legal action, you risk being seen as indifferent or acquiescent to the move. Courts prefer to see that you acted swiftly and responsibly to protect your parent-child relationship.

Document Everything.
While you're preparing to file, keep detailed records of all communications with the other parent, including text messages, emails, and call logs. Make note of when the child was removed from the state, what notice (if any) you were given, and whether you've had access to your child since the move. This documentation may become key evidence in your custody case.

Talk to a Texas Family Lawyer Now.
​Every situation is unique, and when your child’s well-being and your parental rights are at stake, you don’t want to navigate this alone. A Texas family law attorney can help you evaluate whether Texas has jurisdiction, prepare your filings, ensure proper service, and advocate for your rights in court. Custody cases with multi-state issues are complex—but not hopeless. If you act now, you can protect your relationship with your child and bring stability back to your family’s life.

Need Help Now?
If you’re facing a custody situation like this in Texas, call The Palmer Law Firm to schedule a confidential consultation. Let’s figure out your next step—before it’s too late.

One of the most common questions I get from clients in child support cases is this:
“If I remarry, can the court use my new spouse’s income to increase my child support?”
The short and reassuring answer: No.
At least, not unless you’re hiding income or manipulating finances—which we’ll get into.
But let’s break down the law behind that answer so you know exactly how child support works in Texas and how to protect your rights.

What Counts as “Net Resources” in Texas Child Support Law?
Under Texas Family Code § 154.062, a parent’s child support obligation is calculated based on their net resources—not their household income. Net resources include:

• Wages and salary
• Bonuses, commissions, and tips
• Rental income
• Dividends, interest, and capital gains
• Self-employment income
• Certain government benefits

What’s not included?
✅ Your new spouse’s income
✅ Income your spouse earns from their separate property
✅ Gifts, inheritances, or third-party contributions made to your household (with some exceptions)

Real Case:
In the Interest of Jessica Brooks Knott (2003)A landmark case from the Texas Court of Appeals--118 S.W.3d 899—makes this crystal clear.
In that case, a father named Jerry Knott had remarried and entered into a valid premarital agreement with his new wife, Jan. The trial court increased his child support obligation to $545/month—even though his own income was much lower—by including his wife’s income in the calculation.
The appellate court reversed the ruling, stating it was error for the trial court to include the new spouse’s income in calculating Jerry’s child support.
The court made two key points:

1. The Texas Family Code does not allow a court to use the income of a new spouse to determine child support.
2. Even if that income would otherwise be community property, a valid premarital agreement protects it as separate property.

In short: Your new spouse is not on the hook for your child support.

Are There Exceptions?
Yes—but they involve bad faith actions.
If the court finds that a parent is:

• Intentionally unemployed or underemployed (Tex. Fam. Code § 154.066), or
• Hiding income by funneling money through a spouse or business,

Then the court can deviate from the guidelines and impute income based on what the parent should be earning.
But in an honest, transparent situation? The law protects your new spouse’s income—and child support remains your responsibility, not theirs.

What About Shared Household Expenses?
Some courts have tried to argue that if your spouse pays most of the household expenses, that frees up more of your income for child support.
But this approach was rejected in another case, Starck v. Nelson, where the appellate court stated that allowing the court to indirectly increase child support based on spousal contributions would be doing what the statute prohibits directly.
The legislature clearly intended to keep new spouses out of child support calculations.

Final Thoughts from a Texas Divorce Attorney
If you're worried about how your new marriage will impact your child support—don’t be. Texas law is on your side. So long as you’re not trying to game the system, your new spouse’s income should be off-limits in court.
However, every case is unique—and small mistakes can lead to big consequences in family court.
If you’re paying or receiving child support and thinking about remarrying, or if you suspect the other parent is hiding income, let’s talk. I’ll help you understand your rights and options clearly and confidently.

In this video, Texas divorce lawyer Sean Palmer reveals the most common mistakes people make in so-called “simple divorces.” Whether you’re filing for divorce in League City, Galveston County, La Porte, or anywhere else in Texas, you’ll want to know the hidden risks of going it alone or relying on vague agreements.
Topics covered:

• What can go wrong in an uncontested divorce
  
• Hidden financial and custody issues in “easy” divorces
  
• Why DIY divorce forms often fail in Texas courts
  
• What you must know before finalizing a decree
  

If you’re navigating divorce and want to avoid costly legal pitfalls, start by educating yourself.

Divorce is never easy—but if you're a teacher in Texas, it comes with an entirely different set of challenges. Long days in the classroom, emotional investment in your students, limited flexibility in your schedule, and a retirement plan (TRS) that works differently than most… all these make it critical to plan your divorce with extra care.
As a former teacher and now a family law attorney with more than 20 years of experience, I’ve helped educators protect what they’ve earned, structure parenting plans that respect the realities of the school calendar, and avoid burnout in the process.
Here are a few key things Texas teachers need to consider:

• TRS Isn’t a Typical 401(k): You’ll need a properly drafted QDRO and a lawyer who understands TRS rules.
  
• Custody Schedules Should Reflect Teaching Life: Courts don’t always account for after-school events or grading marathons—make sure your attorney does.
  
• Protect Your Mental Health: The emotional toll of divorce can affect classroom performance and student relationships. You don’t have to go through it alone.
  

If you're a Texas educator considering divorce, don’t wait until you’re overwhelmed. Get advice from someone who understands both the law and the classroom.

If your child is graduating high school or turning 18, you may assume that your obligation to pay child support is automatically over. In many cases, that’s true—but not always. In fact, several factors under Texas law can extend or complicate the end of child support, and if you don’t take the right legal steps, support may continue being withheld from your paycheck, even when it shouldn’t be.

This article explores some of the most common issues that can arise when trying to end child support in Texas and why it’s important to understand the law before assuming your obligation is complete.

1. When Does Child Support Legally End in Texas?
The Texas Family Code (the collection of laws that governs family matters in the state) generally says that child support ends when the child turns 18 or graduates from high school—whichever happens later.
However, support can end earlier in situations where:

• The child passes away;
• The child gets married or legally emancipated; or
• The child is adopted by someone else.

But even when one of these events occurs, child support doesn’t stop by itself. The law requires official action to update the system, particularly if payments are being automatically deducted from your wages.

2. Wage Withholding: Why Support Might Keep Coming Out of Your Paycheck
Most child support orders in Texas include something called a wage withholding order, which tells your employer to take the money directly out of your paycheck and send it to the state disbursement unit. This helps ensure timely and consistent payments.
The problem? These orders do not cancel automatically when your child becomes an adult. They remain in force until someone goes back to court—or the Office of the Attorney General—to formally request that the withholding be stopped.
Failing to take this step can result in your employer continuing to deduct support, and once that money is paid out, it can be very difficult to get back—even if it was paid in error.

3. Life Insurance Requirements for Support
Some divorce or custody orders require a parent paying support to also maintain a life insurance policy with the child named as the beneficiary. The purpose is to make sure the child is financially protected if the paying parent dies before the obligation ends.
If your order includes this requirement, simply reaching the end of child support might not release you from the obligation to keep that insurance policy. Some orders specify that the policy must remain in effect until the child reaches a certain age—or in some cases, even longer.
Make sure to review the language in your original court order carefully. Ending the policy too soon could be considered a violation of the court’s orders.

4. Support for Adult Children With Disabilities
One major exception to the typical end of child support involves children who have a permanent disability. If your child is unable to support themselves due to a mental or physical condition that began before they turned 18, the court can order support to continue indefinitely—even into adulthood.  This type of support doesn’t stop automatically. In fact, the law allows the court to require continued payments to whichever parent or caregiver is providing for the adult child’s ongoing needs.
If the child's condition improves and they are later able to support themselves, the paying parent may be able to go back to court and request a change—but again, it requires official action.

5. Why Legal Help is Often Necessary
Even if your situation seems straightforward, ending child support can involve more legal red tape than you might expect. Mistakes or assumptions—like thinking support stops automatically at 18—can lead to overpayment, violation of a court order, or unnecessary conflict with the other parent or the Attorney General’s office.
Depending on your case, you may also need to:

• Navigate paperwork to cancel wage withholding,
• Clarify whether a life insurance requirement still applies,
• Determine if support for a disabled adult child must continue, or
• Modify or clarify the court’s orders if circumstances have changed.

​If you’re approaching the end of your child support obligation in Texas, it’s wise to review your court orders and consult with a family law attorney to determine what, if anything, must be done to legally bring that obligation to an end. Child support is a legal duty, and even when the original reasons for it have expired, official action is usually required to stop enforcement. Otherwise, you could find yourself continuing to pay for months—or even years—longer than necessary.