In some Texas custody cases, the parents live near each other and where the case will be heard is not an issue. In other cases, however, one parent has moved away and there may be a dispute over jurisdiction. Although the child’s home state generally has jurisdiction, there are circumstances…
Texas divorce cases are never easy, but can become even more complicated when one or both parents have mental health problems. Mental health problems may, but do not necessarily, affect a parent’s competence to testify or participate in the proceedings. Depending on the nature of the mental health problems, they…
It can be very difficult for a non-parent to get custody of a child in Texas custody cases. A presumptive father may, however, have an advantage over other non-parents. In a recent case, the appeals court found a presumptive father did not have to establish non-parent standing even though the…
Most Texas custody cases are between a child’s parents, but in some cases other family members may be involved. In a recent case, an uncle challenged a modification of the access and possession terms of a court order related to his brother’s child. Although the trial court expressed an intention…
The Texas Family Code limits a trial court’s ability to issue temporary orders during a pending suit to modify the parent-child relationship. The court cannot issue a temporary order designating or changing the designation of the person with the exclusive right to designate the child’s primary residence unless it is…
Stepparents often develop strong bonds with their stepchildren. It is not unusual for a stepparent to take on a parental role and, in some cases, even become the primary caregiver for the child. Although stepparents have not traditionally had strong rights, recent developments in Texas child custody law could open…
Although the U.S. Supreme Court required states to recognize same-sex marriages in Obergefell v. Hodges in 2015, the case left many issues related to such marriages unresolved. Many of the laws already in place regarding marriage will apply to all marriages, but there are still a number of gray areas…
In Texas custody cases, the best interests of the child are the primary consideration, and the court uses broad discretion in determining them. If the court finds it is in the child’s best interest to do so, it may limit a parent’s visitation with the child or increase a parent’s…
Modification of a Texas custody order can generally only occur on agreement of the parties or when there is a material and substantial change in circumstances. However, the change in circumstances alone is not sufficient to justify modification, the modification must also be in the child’s best interests. In a…
The dispute in a Texas custody case is usually between the child’s parents. In some cases, however, other parties may become involved. In one recent case, the father’s parents got so involved, they intervened in the custody case and the mother filed claims against them. In 2015, the trial court…