Family Law

Developments during the survey period concerning the rights of illegitimate children and their fathers will have great impact on Texas family law. Major changes in the Texas practice are now necessary to accommodate the requirements of cases recently decided by the Supreme Court of the United States. However, these changes are overshadowed by the potential effect of two Texas cases, one recently decided by the Supreme Court and one pending, which have established a court ordained paternity action.

As in the law of matrimonial property and of torts, a significant Texas decision in family law during the survey period was Graham v. Franco, presaging as it should the eventual limitation, or abolition, of interspousal immunity in Texas.

Headline news should not be allowed wholly to obscure other noteworthy items. Interesting aspects of the problems of property division upon divorce were given attention and the rules controlling pre-divorce agreements between the parties were further refined. Obedience to a court's custody order is made more likely by three cases that expand judicial authority over a recalcitrant, or contumacious, party to a custody proceeding.