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Articles Posted by Kelly McClure

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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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Texas Appeals Court Affirms Order Naming Stepfather as Child’s Joint Managing Conservator

Texas child custody law includes a presumption that a parent will be appointed sole managing conservator or both parents will be joint managing conservators of their children unless a court finds that doing so would significantly impair the health or emotional development of the children. Although it can be difficult…

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Texas Divorce Court May Clarify Latent Ambiguity in Divorce Decree

Parties sometimes realize they have different understandings of a Texas divorce decree.  The trial court may issue a clarifying order if the decree is ambiguous.  In some cases, the decree may be facially unambiguous, but have a latent ambiguity when read in context of the surrounding circumstances.  In a recent…

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Court Lifts Texas OAG Suspension of Driver’s License for Failure to Pay Child Support

The Texas Office of the Attorney General (OAG) is responsible for certain child support services, including collecting and enforcing Texas child support orders.  Recipients of certain public assistance programs may automatically qualify for the OAG’s child support services, but others have to apply for the services.  The OAG has a…

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Texas Court Includes Father’s Personal Injury Annuity in Resources When Calculating Child Support

The Texas Family Code provides guidelines to assist courts in calculating child support that are based on a percentage of the parent’s net monthly resources.  The statute sets forth what types of income are included and excluded from the parent’s net monthly resources.  In many families, it is fairly straight-forward…

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