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Articles Posted in Parental Rights

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Texas Court May Order Primary Custodial Parent to Pay Child Support

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…

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Texas Supreme Court Finds that Parental Presumption Extends to Modification Suits

On June 26, 2020, the Supreme Court of Texas issued a ruling that is sure to have a major impact on future non-parent custody cases in the state of Texas. In the case of In re C.J.C., the Supreme Court of Texas found that the presumption that it is in…

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Temporary Orders in Texas Custody Cases

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…

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Texas Court Allows Mother to Change Children’s Last Name

Most Texas divorces address property division and custody and visitation issues, where there are children.  In some cases, however, there are more unusual issues that must be addressed.  In one recent case, a father challenged a court’s order allowing the mother to change the children’s last name from their father’s…

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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…

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Termination of Parental Rights in Texas for Placing a Child in an Endangering Environment

In a recent Texas child custody case, the Texas Department of Family and Protective Services sued to terminate a mother’s parental rights to her daughter. After the jury trial, her parental rights were terminated. The lower court found that the mother had placed or permitted her child to stay in…

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Modification of Parent-Child Relationship Post-Divorce in Texas

In a Texas child custody decision, the appellate court considered child custody and a petition to modify the parent-child relationship. The couple had married in 2010 and had their first child the next year. They separated and got back together multiple times, but they finally separated a last time in…

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