For the second part of this series on the family court mediation case In re Lee, I’ll examine the laws at issue in the case, then discuss the legal reasoning and policy that the Texas Supreme Court majority and dissent each followed in making their decisions. The crucial statute in the case was Texas Family Code Chapter 153, which relates to custody. Two sections of that code came into conflict in the case.
Best Interest of Child (§153.002) says the best interest of the child should always be the court’s primary consideration in custody issues.
Alternate Dispute Resolution Procedures (§153.0071) includes rules for mediation. Several parts of this section were relevant to Lee’s case. (more…)