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…
Articles Posted in Child Custody
Texas Custody Modification Requires Material and Substantial Change that Affects the Child
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…
Texas Appeals Court Overturns Conspiracy Claim Against Grandmother in Custody Case
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…
Texas Appeals Court Upholds Geographic Residency Restriction in Custody Order
When one parent wants to move away with the child, the court hearing the Texas custody case must determine whether the move is in the child’s best interest. In making its determination, the court needs to consider the public policies set forth in the Texas Family Code. The court may…
Texas Court Grants Custody to Father Who Supports Kid’s Therapy
A change in Texas custody may be justified even when both parents love and care for the child. A custody modification is appropriate when there is a material and substantial change in circumstances of the parent or child and if the change is in the child’s best interest. Sometimes, changed…
Parentage in the Modern Era: What to Know When Baby is on the Way and No Wedding Day
Parenting is hard. Those three words are enough to capture the entire outlook of parenthood from the moment that the sweet child enters the world. In today’s world, parenting has taken on a number of new issues such as parenting after a divorce, as an unmarried couple; single parenting; and…
Geographic Restriction in Designating Primary Residence in Texas Custody Cases
A custodial parent sometimes wishes to move away following a Texas child custody case. Although some parents may want to get the child away from the other parent, there are often legitimate reasons for a parent to want to move. The primary consideration in the litigation of relocation issues is…
Texas Appeals Court Upholds Mediated Settlement Agreement
Parties to a Texas divorce or a suit affecting the parent-child relationship may enter a mediated settlement agreement. To be a binding mediated settlement agreement, the agreement must meet certain statutory requirements. If it meets the requirements, the agreement is binding and the parties may obtain a judgment on it.…
Alienation and the Child’s Best Interest in Texas Custody Cases
A Texas custody order can generally only be modified if there has been a material and substantial change in circumstances and if the modification is in the child’s best interest. Texas courts have developed a non-exhaustive list of nine factors to be considered to determine the best interest of the…
Domicile and Jurisdiction in Texas Divorce and Custody Cases
Domicile is an important legal concept because it establishes where a person has certain legal rights and obligations. A Texas divorce suit requires a party to have been domiciled in Texas for the preceding six-month period and a resident of the county where the suit was filed for the preceding…