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Texas Divorce Attorney Blog

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Texas Legislative Update

During its most recent session, Texas lawmakers adopted and passed several amendments and updates to the Texas Family Code, which were then formally signed into law by the Governor. These revisions and additions to the Texas Family Code impact numerous areas of family law, including but not limited to: (1)…

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Appeals Court Reverses Denial of Motion to Compel Arbitration in Texas Custody Modification Case

Sometimes after agreeing to mediate or arbitrate future controversies at the time of a Texas divorce, one party may not want to follow through on that agreement when a controversy actually arises.  In other cases, the parties may disagree on whether the alternative dispute resolution provision applies to a particular…

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Texas Supreme Court Reverses and Remands Custody Case for Child Interview

In some Texas custody disputes, a parent may want the court to hear an older child’s preferences regarding conservatorship or possession.  Upon application of a party in a suit affecting the parent-child relationship, the court is required to interview a child 12 or older in chambers to determine their wishes…

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Texas Appeals Court Reverses Summary Judgment in Custody Modification Case

Generally, when a parent seeks modification of a Texas custody or visitation order, they must show that they modification would be in the child’s best interest and that there has been a material and substantial change in circumstances since the earlier of the prior order’s rendition or the date the…

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Texas Court Awards Husband Frozen Embryos in Divorce

Fertility treatments and assisted reproductive techniques can be a miracle for many families.  They may also, however, lead to complicated family law issues.  A former wife recently appealed a judgment awarding frozen embryos to her former husband in the divorce. According to the appeals court’s opinion, the parties utilized IVF…

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Texas Appeals Court Upholds Post-Divorce Enforcement/Clarification Order

A Texas divorce decree that is final and unambiguous and addresses all of the marital property may not be re-litigated.  The court may, however, enforce the property division or enter a clarifying order if the decree is ambiguous.  The trial court may not, however, amend, modify or change the substantive…

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Texas Appeals Court Reverses Order Granting Grandparents Visitation

The U.S. Supreme Court held in Troxel v. Granville that parents have a fundamental right to make decisions regarding the care custody and control of their children.  There is a presumption under Texas family law that being raised by their biological parents is in a child’s best interest. Additionally, Texas…

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Texas Appeals Court Vacates Property Division After Husband Revokes Consent to Agreed Division

When parties to a Texas divorce can reach an agreement on property division or other issues, they may be able to resolve their case more efficiently and with less hostility than can occur with prolonged litigation.  In some cases, however, a party may learn information after initially agreeing to a…

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