When a parent is intentionally unemployed, a court may order Texas child support based on that parent’s earning potential. Tex. Fam. Code 154.066(a). A mother recently challenged a court’s finding she was intentionally unemployed, arguing instead that her mental health concerns prevented her from being employed. When the parents divorced…
A modification of Texas child support requires the parent seeking the modification to show there has been a material and substantial change in circumstances since the current order was rendered. Tex. Fam. Code § 156.401. A change in income may be a material and substantial change. A court’s primary consideration…
Children’s medical and educational expenses can often be a contentious issue in Texas child-support cases. Parents may disagree on whether treatment is needed, what providers should be used, and whether the child should be in private school. A father recently challenged an order to pay certain medical expenses, arguing the…
Grandparents sometime take on a parental role in the lives of their grandchildren. In some circumstances, such grandparents may have standing (i.e., the right to sue) for possession and access to the children. Parents have a fundamental right to make decisions regarding their children, however. Generally, a court in a…
A geographic restriction in a Texas custody order helps ensure the parent without physical custody has access to the child, but it can also impose severe limitations on the mobility of the parent with physical custody of the child. In a recent case, a mother challenged the imposition of a…
In determining the Texas child-support obligation of a parent, the court may consider whether that parent is intentionally unemployed or underemployed. If the court finds the parent is intentionally unemployed or underemployed, it may apply the support guidelines to that parent’s earning potential, rather than to their actual earnings. Tex.…
A court may generally only modify a Texas custody order if the modification is in the best interest of the child and there has been a material and substantial change in circumstances since the previous order was rendered or the parties signed the settlement agreement. The court may also modify…
A court should consider a number of factors in deciding a Texas custody case. Even when the court determines the parents should be joint managing conservators, the court does not have to award equal periods of possession and access to the child to each parent. Tex. Fam. Code § 153.135. …
A Texas custody order may only be modified in certain circumstances. The parents may agree to change the order. The court may order modification if the child is at least twelve years old and wants to change which parent has primary custody. Otherwise, the parent seeking the modification must generally…
When a court considers Texas child custody and visitation, the child’s best interest is the primary concern. The court considers certain factors, including what the child wants, the child’s current and future needs, any danger to the child, the parents’ respective abilities, programs available, the parents’ plans for the child,…