Legal Strategy 101: Stipulate

In an undated letter titled, “DID YOU HEAR HER?” the Texas Family Law Foundation wrote:

“Non-custodial” parents who exercise all their rights, get 144 and 159 overnights in 2021 and 2022 and an additional 37 and 34 days after the overnight in each year, respectively.  That equals 50% and 53% of days with overnight and days after overnights.)  (Differences depend on the child’s school schedule and holidays.  Calendar demonstration available on request.”

The first thing I did was send them an email requesting to get the demonstration.

The second thing I did was start to write a rebuttal to every distortion, misrepresentation, and flawed logic in the letter, which is virtually every sentence starting with the title.  And that is when their strategy dawned on me.  I’ve seen it play out in court numerous times.

The strategy is this:

When a lawyer doesn’t have a case they stipulate to the opposition’s main point as if it already exists and then pile mounds and mounds (and mounds) of diversion around it.

I’m going to stay focused on their stipulation to a statutory possession schedule that provides 50/50 custody in 2021.

And to every reader of this article I’m going to ask you to do 2 things:

  1. Ask to get a copy of the calendar demonstration by contacting the TFLF at or the Bresnen’s at or  Remember, I believe they’re hoping to get angered responses to their letter so they can present those angered responses to the legislature in support of their argument.  (I was literally at this point in writing this blog when I had the insight as to what they might be doing.  I stopped writing this blog and shifted to this one:
  2. Contact your representative and ask him or her to send you a copy of the calendar demonstration.

My contention is this: any information provided to legislators to influence their decision in writing laws must be made public.

Luke 8:17 – “For there is nothing hidden that will not be disclosed, and nothing concealed that will not be known or brought out into the open.”