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Articles Posted by Kelly McClure

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Continuing Texas Child Support While Child Pursues High School Diploma

A Texas court may order child support beyond a child’s 18th birthday if the child is still in high school, whether a public school, a private school, or course that provide joint high school and junior college credits.  The child must comply with the minimum attendance requirements in the Education…

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The Texas Supreme Court Orders Continued Remote Hearings and Procedures for the Foreseeable Future

Pursuant to the Texas Supreme Court’s 17th Emergency Order Regarding The Covid-19 State of Disaster, Texas courts may now modify or suspend deadlines for civil and criminal cases, except for child-welfare cases, until September 30. In child-welfare cases, the Texas courts may modify or suspend a deadline or procedure imposed…

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Possession Schedules While on the Front Line of COVID-19

As COVID-19 began to take hold in the United States, Texas and other states took action to ensure that child possession schedules remained in effect and were followed according to court orders. These actions were effective, and as COVID-19 continues to persist in society, parents have adapted to working within…

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Texas Divorce Court May Base Property Valuation on the Evidence Before It

Texas family law requires a just and right division of community property by a divorce court.   The court must, however, have the relevant information before it to identify and appraise the assets.  A party who refuses to disclose assets or information about their value generally may not complain about the…

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Texas Appeals Court Upholds Injunction Prohibiting Child Being in Father’s Girlfriend’s Presence

In some Texas custody cases, the major issue is not the actual custody or visitation.  Sometimes a court may enjoin a parent from allowing a child to spend time with or be in the presence of another person.  Such injunctions can be particularly difficult for the parent if they prohibit…

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Texas Possession Order Can’t Contravene Jury Verdict on Primary Residence

A parent may demand a jury trial in a Texas custody case.  After the jury decides certain foundational issues, the trial court then determines the specific terms and conditions.  The Texas Family Code prohibits the court from contravening the jury’s verdict on certain specified issues, including primary residence. Tex. Fam.…

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