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…
Articles Posted by Kelly McClure
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…
Temporary Spousal Maintenance in Texas
In a recent Texas spousal maintenance case, a husband appealed from a final divorce decree. He claimed the court made a mistake by awarding the wife $1,500 in spousal maintenance, awarding temporary spousal support of $2,500 each month, ordering him to pay $20,000 in delinquent temporary spousal support payments, failing…
Petition to Modify Parent-Child Relationship After Texas Divorce
In a recent Texas appellate case, the court considered a divorce in which each parent was appointed joint managing conservator of their three kids. The father was given the exclusive right to designate the kids’ primary residence, and neither parent required supervised access. The father petitioned to modify the parent-child…
Child Support for an Adult Disabled Child in Texas
In a recent Texas appellate decision, a father raised four issues related to a lower court’s provision of child support for his adult disabled child, among other things. The couple was married in 1992 and had two kids, TWG and a minor daughter, EAG. In 2008, the father left the…
Mediated Settlement Agreements in Texas Divorce
In a recent Texas appellate case, a wife appealed from a final divorce decree that incorporated the terms of the couple’s mediated settlement agreement. After she and her husband entered into the agreement, she asked the trial court to set it aside. The couple had married in 1997 and had…