In Texas custody cases, the best interest of the child is to be the primary consideration. In Texas, courts may consider a variety of factors in determining what is in the child’s best interest. These factors include the child’s desires, the child’s current and future physical and emotional needs, any…
Articles Posted in Child Custody
Changed Circumstances in Texas Custody Case
A Texas court generally cannot modify a custody order or parenting plan unless there has been a material and substantial change in circumstances. Sometimes, a parent may seek modification because the other parent’s actions have created a change in circumstances. Texas law provides examples of potential material changes, including marriage…
Modification of a Texas Custody Order
To provide some stability for children, Texas allows for the modification of a conservatorship order only if the modification is in the child’s best interest, and there has been a material and substantial change in the circumstances of the child, a conservator, or another party affected by the order. Texas…
Modification of Child Custody Travel Provision in a Texas Case When There’s an Abduction Risk
In a recent Texas child custody case, a father challenged the modification of conservatorship of a former couple’s child. The modification allowed the mother to go abroad with their child. The case arose when the mother moved to modify the divorce decree, which had appointed her and her ex-husband as…
When are Temporary Orders Changing Child Custody Appropriate in Texas?
In a recent Texas child custody decision, a mother petitioned complaining about temporary orders that kept her from removing her three youngest kids from the county or any contiguous county in order to establish the kids’ primary residence. The father petitioned to modify the parent-child relationship in October, trying to…
Divorce Involving Eight Kids and Domestic Violence Allegations
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…
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,…
Abusive Spouse Appeals Texas Child Custody Order
In a recent Texas appellate decision, a father appealed a divorce decree naming the mother the sole managing conservator of their two kids. The mother had filed for divorce in 2016. When the matter came to trial, the father was serving a 15-year prison sentence for aggravated assault with a…
Deviation from Standard Possession When Texas Mother Has Mental Health Problems
In a recent Texas appellate case, a mother appealed from a trial court order that limited her possession of her daughter to once a month over one year. The case arose when the Department of Family and Protective Services brought an action for the protection and conservatorship of a couple’s three-year-old daughter. It…