In a recent Texas domestic violence decision, the plaintiff appealed from the lower court’s judgment granting his divorce petition. The couple had married in 1999 and had eight kids. After 15 years of marriage, the husband sued for divorce. At the divorce trial, the primary issue was who should have…
Articles Posted by Kelly McClure
Right to Designate Residence of Texas Child
In a recent Texas child custody decision, the court considered a situation in which the mother was given the exclusive right to designate the daughter’s primary residence within Tarrant County, Collin County, or a contiguous county to the latter. In a modification order, the court gave the father the exclusive…
Father’s Motion for New Trial Denied in Texas
In a Texas child support decision, a father’s attorney told the trial court the couple had reached an agreement about everything but the father’s child support obligation. His attorney told the court what the terms of their agreement were. These included that the mother would decide the kids’ primary residence,…
Termination of Parental Rights in Texas for Placing a Child in an Endangering Environment
In a recent Texas child custody case, the Texas Department of Family and Protective Services sued to terminate a mother’s parental rights to her daughter. After the jury trial, her parental rights were terminated. The lower court found that the mother had placed or permitted her child to stay in…
Stepmother Petitions to Modify Parent-Child Relationship in Texas
A Texas child custody case arose after a mother asked the court to grant her plea to the jurisdiction and request for dismissal of a petition to modify the parent-child relationship, which was filed by her children’s stepmother. The mother and father in the case had divorced in 2011. The…
Wife Unable to Overcome Community Property Presumption in Texas
In a recent Texas property division decision, a woman appealed from a final divorce decree. A couple had been married about 30 years when the husband petitioned for divorce. The wife was incarcerated. At a divorce hearing, she appeared without a lawyer and by telephone because of her incarceration. The…
Deviation from Standard Possession Order in Texas
It is crucial to retain an experienced Texas child custody attorney and obtain a clear record at the lower court level. In a recent Texas appellate decision, a mother appealed from a court’s decision in a lawsuit to modify the parent-child relationship. She argued that she and the father shouldn’t…
Family Violence Exception and Texas Mediated Settlement Agreements
In a recent Texas child support case, a mother appealed after the trial court enforced a mediated settlement agreement. She argued it was an error to enforce it because: (1) it included a child support provision that violated public policy, (2) the mother took back her consent before it was…
Texas Child Support Modification Deviates from Statutory Guidelines
In a recent Texas appellate case, the lower court’s SAPCR order granting a child support modification for the mother was appealed by the father. The father argued the trial court shouldn’t have set the periodic child support obligation to be more than the statutory child support guidelines provided and found…
Gift Given Before Texas Marriage
In a recent Texas property division decision, an ex-husband tried to reverse a property distribution order issued as part of a divorce. The couple married in 2012, after the husband had bought a tractor and multiple attachments from a dealership. The husband had signed a five-year note to finance a…