Courts often keep siblings together; however, in some Texas child custody cases, it is in the children’s best interest for them to be split up. When one or more children live with one parent and one or more children live with the other parent, each parent may be obligated to…
Texas family law has a strong presumption that it is in the child’s best interest to give custody to a parent. Generally, the court must appoint sole managing conservatorship to the parent instead of a non-parent unless it finds doing so would not be in the child’s best interest due…
Many couples attempt to reconcile after breaking up or divorcing. Moving back in together can effect a parent’s obligation to provide child support. If the parent who is obligated to pay child support is contributing to the support of the household, he or she may be entitled to a credit…
A court may order one joint managing conservator to pay Texas child support to another joint managing conservator. Tex. Fam. Code Ann. § 153.138. The child’s best interest is the primary consideration in determining child support. There may, therefore, be occasions where a court orders the parent with primary physical…
Texas custody disputes usually involve the children’s parents. When both parents unexpectedly pass away, however, their families may fight over who gets guardianship of the children. Generally, if the parents did not designate a guardian, a grandparent would be awarded guardianship. If multiple grandparents seek guardianship, then the court will…
In an ideal situation, child custody may be resolved by agreement, potentially following mediation. In some cases, however, Texas child custody cases become long protracted affairs with disputes that last for years. A father recently challenged an order that required him to participate and family therapy and restricted his access…
Parents have fundamental rights to make certain decisions regarding their children. These rights can make it difficult for a non-parent to gain custody or visitation rights to children over the objection of a fit parent in a Texas custody case. A Texas appeals court recently held a trial court could…
When a parent wants to modify a Texas custody order, they generally must show that the change is in the child’s best interest and that there has been a material and substantial change in circumstances since the prior order. Whether a material and substantial change has occurred is fact-specific and…
When a parent seeks modification of Texas custody order, he or she must a substantial and material change in circumstances since the previous order. Generally, the change must be material to the modification the parent is requesting. A mother recently appealed a custody order modification allowing the father to have…
For many Texas co-parents, relocating to another state is their “white whale:” relentlessly sought after, but seldom granted by the family courts. However, one Texas mother recently obtained the (nearly) unobtainable. This mother had spent years dealing with a co-parent, the father, who made even the simplest of child-rearing decisions…