💬 Opinion 1d ago · Eugene Volokh

Texas Juries Decide Child Custody Cases

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In most states, child custody matters are decided by judges; but in Texas, they are in large part decided by juries. Here's a Texas Supreme Court decision from yesterday, Gopalan v. Marsh (written by Justice John Devine), that illustrates this and reaffirms the primacy of the jury as to some such matters:
In this divorce proceeding, the jury found that the father should have the exclusive right to designate the children's primary residence. But the trial court awarded the mother more time with t

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