Divorce can be complicated when the parties are citizens of different countries. Each party may feel a divorce in the other’s country may be unfair to them. There may be issues regarding jurisdiction. Furthermore, even after one country issues a divorce, the other country may not recognize it. A husband…
Texas Divorce Attorney Blog
Texas Joint Managing Conservators Presumption May Be Rebutted with Credible Evidence of Abuse
Texas family law contains a presumption that it is in children’s best interest for the parents to be appointed joint managing conservators. If there is credible evidence of a history of child neglect or physical or sexual abuse by one parent against the child the court may not appoint both…
Collaborative Law: Creative Solutions for an Unprecedented Time
Although courts are still open and conducting Zoom hearings, there is no doubt that many court cases are moving along more slowly than otherwise desired as a result of the COVID-19 pandemic. A potentially more practical and expedient method of divorce is collaborative law. Collaborative law is just how it…
Texas Appeals Court Reverses Order Changing Child’s Name
When there is a finding of paternity, a child’s father may move to change the child’s name. Under Texas family law and the state constitution, both parents are treated equally, however, so a child’s surname will not be changed to that of the father based solely on tradition. The court…
Texas Appeals Court Upholds Court Order Granting Grandparents Custody
Under Texas family law, there is a presumption that one or both parents should be named managing conservator of a child in an original suit for custody. If, however, the child’s health or emotional well-being would be significantly impaired, the court may appoint a non-parent if doing so is in…
Possession Schedules While on the Front Line of COVID-19
As COVID-19 began to take hold in the United States, Texas and other states took action to ensure that child possession schedules remained in effect and were followed according to court orders. These actions were effective, and as COVID-19 continues to persist in society, parents have adapted to working within…
Texas Court Has Discretion in Determining Duration of Spousal Maintenance
In a Texas divorce, if one spouse does not have sufficient property to provide for his or her minimum reasonable needs and is not able to earn enough income to provide for those needs and certain other circumstances are met, the court may order spousal maintenance. Tex. Fam. Code §…
Securing Justice for Clients in the Virtual World
Even when society seems like it has come to a halt, life does not and neither does the legal system. In this age of social distancing, self-quarantining, and virtual hangouts, Texas courts have been on the forefront of keeping the legal system accessible to everyone. This is especially true in…
Biological Father Ordered to Pay Child Support to Mother’s Ex-Husband in Texas Custody Case
A Texas custody case can become complicated when a person learns he is the biological father of a child years after the child’s birth. Although a potential father of a child with a presumed father generally must file for adjudication of paternity prior to the child’s fourth birthday, in some…
Spousal Maintenance in Texas Divorce Cases
In a Texas divorce, a spouse who cannot support herself or himself because of an incapacitating disability and does not have sufficient property to meet their needs may be eligible for spousal maintenance. Tex. Fam. Code Ann. § 8.051. Spousal support is generally limited in time, but a court may…