Family Law Review Sheet
Warne-Spring 2009
Judicial Bypass of Parental Notification of Abortion
What factors must the court find to exist before it may grant a judicial by pass?
Are there any time deadlines for a trial court to issue a ruling in a judicial bypass case? If so what are they?
What happens if the trial court fails to meet the deadlines?
What deadlines, if any, apply to appellate courts on these cases?
What about the Supreme Court?
The Minor is
mature and well-informed
i. ability to make reasoned decisions , not impulsive (mature)
ii. considered options, benefits and consequences of abortion (mature)
iii. age, grades, job, finances, extra-curricular activities (mature)
iv. Licensed doctor visit, tests, and details of procedure. (well-informed)
notification is not in her best interest or
i. emotional or physical need
ii. history of family violence
iii. in any danger if notified parents
Continued
iv. cause a serious hard to the family relationship
v. withdraw emotional or financial support
Notification would lead to physical or emotional abuse.
i. Withdraw financial support is an emotional abuse
Yes, by 5 P.M. of the second business day after the application.
If the trial court fails to meet the deadline, the application is deemed granted, and the clerk must issue a deemed grant order.
The same deadline applies to Appellate court, 5 pm of second day of application.
Supreme Court does not have deadline. It is ASAP.
Judicial Bypass of Parental Notification of Abortion
What restrictions, if any, apply to the number of times you may file a judicial bypass application for the same minor relating to the same pregnancy?
Can court grant an extension? If so, how long?
Discuss any requirements imposed on a medical professional by the judicial bypass Statute?
None. She can continue to file for the judicial bypass with any other judge if she was denied until the doctor cannot perform abortion on her any more on a certain pregnancy.
The Court can grant an extension on the hearing upon minor’s request. The time for the extension is 5 P.M. of the 2nd business day after the request.
Physician’s Duty
Physicians may not perform an abortion on a minor unless
i. Give 48 hours notice to parent or conservator
ii. Get judicial approval of abortion
Physician do not need to obtain approval or notice if
Continued
Parties cannot be notified through reasonable effort, and physician gave 48 hours constructive notice Physician concluded that abortion would avert death
1. physician certified the circumstances with the Department of Health and note in the medical record
Physician has a duty to report sexual abuse or physical violence to Texas Protective and Regulatory Services
i. If he has reasonable belief
There are other laws that trump the waiver of notice in this case, such as medial professional occupational code 164.052 (this one allows emergency, but does not grant constructive notice).
Marriage
W
ood test?
Putative spouse is someone in good faith believes that they are married, but they are not, because their supposed spouse is married or not divorced from their other spouses.
A putative spouse can get community property, and spousal maintenance
Children born of putative marriage are not considered illegitimate children
Once the impediment is removed, the putative spouse automatically become lawful spouse
You cannot have knowledge of the impediment, since it is an equity remedy, you must be innocent.
It is unconstitutional to deny a person’s marriage license purely because he failed to pay child support. Nor can you deny a
Continued.
Discuss the degree of consanguinity that applies to valid marriage in Texas?
Marriage license because he refuse to take a blood test. There is no medical exam requirement in Texas to get married.
You can marry third degree of consanguinity.
Marriage is void if married the following
i. Ancestor or descendent by blood or adoption
ii. Brother or sister of the whole or half blood or by adoption
iii. A parent’s brother or sister of the whole or half blood or by adoption
iv. A son or daughter of a brother or sister, of the whole or half blood or by adoption
