The Jason-Patric-assisted-reproduction story has been in the news, and earlier this week, the New York Times did a lengthy story on it.
The actor Jason Patric dated Danielle Schreiber on and off for many years. During a time when they were “off” but friendly, they agreed to use his sperm so that she could have a child, Gus. After Gus was born, they reconciled, and then eventually broke up when Gus was about two years old. Jason sued for custody, while Danielle claimed he was merely a sperm donor with no parental rights.
In a similar Texas case, In re Sullivan, an unmarried man and woman agreed to conceive a child through assisted reproduction, and signed a “co-parenting agreement.” When the man later tried to claim parental rights, the woman moved to dismiss his case because a donor is not a parent under Texas law. Continue reading Does ‘Sperm Donor’ Mean ‘Dad’?
ILLEGAL EVIDENCE: WIRETAPPING, HACKING, AND DATA INTERCEPTION LAWS
State Bar of Texas
SEX, DRUGS & SURVEILLANCE COURSE
January 9-10, 2014
Houston, TX Continue reading Illegal Evidence: Wiretapping, Hacking, and Data Interception Laws
SOCIAL MEDIA EVIDENTIARY ISSUES
Texas Association of Counties
2013 FALL JUDICIAL EDUCATION SESSION
November 20-22, 2013
Galveston, TX Continue reading Social Media Evidentiary Issues
There is a new rule that all cases must be filed with a specific cover sheet. I made a fillable version for family law cases. It’s available here.
Check out my article on electronic evidence in this month’s Headnotes, from the Dallas Bar Association:
This article will be appearing in the June 2010 issue of the Dallas Bar Association’s Headnotes publication.
Many clients have questions about whether they can record phone calls, hide a camera to catch a cheating spouse in the act, or access a spouse’s emails. Attorneys wonder whether such evidence may be used at trial.
Electronic evidence can be a trap for both client and attorney, exposing them to extensive civil and even criminal liability. A confusing mix of state and federal laws on wiretapping and computer security can have significant effects on divorcing spouses. Further, a spouse can be subject to private suits and common-law tort liability. This article will address the most common types of surreptitious electronic evidence and the pitfalls associated with each.
Continue reading Electronic Evidence: Who’s Really Getting Caught in the Act?
I often receive questions from clients about what they’re permitted to do in a divorce to obtain evidence:
Can I record calls?
Can I put a hidden camera in our home?
Can I put a GPS tracker on my spouse’s car?
These questions are governed by a confusing mix of state and federal laws that can have steep financial and criminal penalties. Importantly, there are no exceptions for spouses.
In order to answer some of the most common questions, I’ve put together a brochure aimed at non-lawyers, and available for download here.
Travis County provides some great forms on their website for property and child issues. I think they’re meant to assist pro se litigants, but they’re a great tool for attorneys too. I can see them being useful in preparing for temporary orders hearings, using as a checklist of issues, and assisting with mediation.
Download the parenting plan form here.
Download the property and support form here.
The lack of an editable PDF version of the Austin form (also known as VS-165) has caused some frustration among attorneys and paralegals. I created a fillable PDF Austin form and you can access it here. Note that it must be printed double-sided on one sheet of paper. Please let me know if you have any technical difficulties.