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Articles Posted by McClure Law Group

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Texas Divorce Court May Award Damages to Wife Where Husband Improperly Withdrew Retirement Funds During Divorce

Under Texas family law, if a party in a divorce case fails to comply with the divorce decree and delivery of the awarded property would no longer be an adequate remedy, the court may render a money judgment for the damages.  Tex. Fam. Code Ann. § 9.010.  A husband recently…

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Texas Appeals Court Upholds Custody Modification Following Alleged Domestic Violence Incident

Texas custody orders may be modified if there has been a substantial and material change in circumstances of either of the parents or the child since the previous order.  The petitioner must prove the circumstances at the time of the previous order as compared to the circumstances at the time…

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Texas Appeals Court Upholds Modification Allowing Unsupervised Visitation

Sometimes in a Texas custody case, the court may find it appropriate to place certain restrictions on a parent’s access to the children.  In time and with changed circumstances, it may be in the children’s best interest to remove those restrictions to allow the children to spend more time with…

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Texas Court Can’t Deny Petition for Modification of Conservatorship for No Material Change without Evidentiary Hearing

A court may modify a Texas custody order only in certain circumstances.  One of the most common reasons to modify an order is that there has been a material and substantial change in circumstances since the previous order and a modification is in the child’s best interest.  Whether a material…

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Texas Appeals Court Upholds Custody Modification Based on Family Violence

Generally, a Texas child custody order can be modified only if the modification is in the child’s best interest, and there has been a material and substantial change in circumstances. Family violence may constitute a change in circumstances warranting a modification. In a recent case, a mother challenged a modification,…

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Texas Husband Considered Child’s Father Despite Paternity Test Otherwise

Texas family law presumes a husband is the father of his wife’s children born during the marriage. A presumed father may challenge paternity, but he generally must do so by the child’s fourth birthday.  Adjudication of the paternity of a child with a presumed father may occur later, however, if…

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