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Sep 8

Judges Cannot Grant Relief Unless It Is Requested in Pleadings or Tried by Consent

No judge or judicial candidate should want to read this headline: "Court of Appeals reverses judge who screwed gay dad."  Sadly, treating gays and lesbians unfairly is currently good politics if you are a Republican worried only about winning a primary in Texas.  Sadder still is what happened to William Flowers in his modification lawsuit in the 309th District Court. I only handled the appeal, but I personally would have counseled a gay father that winning custody in a jury trial in Harris County would be very unlikely, no matter who the judge was.  However, Mr. Flowers asked to switch primary custody of his three children to him.  By agreement, Associate Judge Charlie Prine presided over the trial.  The jury heard the evidence and decided that the mother should retain the right to determine the children's primary residence.  No question was submitted to the jury about changing the geographic residence restriction because neither party's pleadings asked for any such change and not a ... Read More >

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