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Articles Posted by Kelly McClure

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Texas Grandmother Awarded Custody

Texas family law only allows non-parents to seek custody of children if they meet certain statutory requirements.  For example, a grandparent or certain other relatives may petition for managing conservatorship if doing so is necessary because the child’s present circumstances at the time suit was filed would significantly impair their…

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Texas Court Characterizes Property Conveyed by Husband’s Parents as Community Property

In a Texas divorce, there is a presumption that property possessed by either party during or on dissolution is community property.  Tex. Fam. Code Ann. § 3.003(a).  Property’s characterization is determined by inception of its title.  In a recent case, a husband challenged a trial court’s characterization of property conveyed…

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Texas Stepfather Has Standing to Seek Custody after Mother’s Death

Non-parents have limited rights in seeking Texas custody or visitation.  In some circumstances, however, stepparents actively parent their stepchildren.  In a recent case, a stepfather challenged a court order awarding custody of his stepchild to the child’s maternal grandparents after the death of the mother. Relationship with the Mother According…

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House Bought Before Marriage Declared Both Parties’ Separate Property in Texas Divorce

Pursuant to the Inception of Title doctrine, a property’s character is determined when the party acquires their interest in it. This means that property acquired before the marriage will generally be characterized as that spouse’s separate property in a Texas divorce.  In a recent case, however, the court determined that…

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Texas Appeals Court Upholds Spousal Maintenance and Reimbursement

Texas spousal maintenance is intended to provide “temporary and rehabilitative” support for a spouse who does not have the ability or assets to support themselves or whose ability to do so has deteriorated while they were engaged in homemaking activities.  Courts may award spousal maintenance only in limited circumstances if…

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Texas Spousal Maintenance Award Cannot Exceed Statutory Maximum

Texas spousal maintenance is intended to be temporary and rehabilitative. A trial court can only award spousal maintenance if the party seeking it meets certain requirements, which depend on the parties’ circumstances. A husband recently challenged a trial court’s award spousal maintenance to the wife for 81 months. According to…

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Fit Parent Presumption in Texas Custody Modification Proceedings

There is a presumption under Texas family law that it is in the child’s best interest to be raised by their parents.  Additionally, the U.S. Supreme Court has held that parents have a fundamental right to make decisions regarding the care, custody, and control of their children.  Courts generally cannot…

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Texas Appeals Court Affirms Order with No Geographic Restriction on Children’s Residence

A trial court in a Texas custody case that appoints both parents joint managing conservators must determine which parent will have the exclusive right to determine the child’s primary residence.  The court must also either establish a geographic restriction or specify that there is not a geographic restriction on the…

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Texas Appeals Court Affirms Disproportionate Property Division in Divorce

A court in a Texas divorce must divide the marital estate in a just and right manner.  A just and right division does not necessarily mean an equal division. Courts may consider a variety of factors in determining the property division, including fault in the break-up, income disparity, the relative…

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Texas Court Denies Grandparents’ Request to Register Utah Visitation Order

A child custody determination from another state may be registered so it can be enforced in Texas pursuant to Tex. Fam. Code section 152.305.  A request must be sent to the Texas state court with a sworn statement the order has not been modified. The requestor must also identify who…

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