Child Custody

Meaning of “Multiple Households” for Purposes of Calculating Texas Child Support

Published on: January 13, 2021 | by Kelly McClure

iStock-1175949984 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 pay child support to the other. A father recently challenged how the court calculated the child support the mother would have to pay him after he received custody of one of their four children. In issuing its ruling, the appellate court’s opinion turned on the definition of “multiple households” under the Texas Family Code.

Texas Court Should Have Applied Parental Presumption Even When Parent Lived Outside U.S.

Published on: January 10, 2021 | by McClure Law Group

iStock-1183307633 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 to significant impairment of the child’s emotional development or physical health. Tex. Fam. Code § 153.131(a). What if the parent lives in another country? A Texas appeals court recently considered this issue.

Texas Father Entitled to Child Support Credit While Living with the Mother and Children

Published on: December 26, 2020 | by Francesca Blackard

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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 for their child-support obligation. In a recent case, a mother challenged a court’s order giving the father a credit against back child support for the period of time when they had lived together with the children.

Texas Court May Order Primary Custodial Parent to Pay Child Support

Published on: December 18, 2020 | by Francesca Blackard

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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 custody to nonetheless pay child support to the other parent, when they are both joint managing conservators. A mother recently challenged an order to pay child support when she had been awarded the exclusive right to determine the child’s primary residence.

Texas Court Awarded Guardianship to Aunt Instead of Grandmother

Published on: December 16, 2020 | by McClure Law Group

T iStock-637904234 exas 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 appoint one of them, considering the circumstances and child’s best interest. If no grandparent seeks guardianship, then the court will appoint the next of kin, considering the circumstances and the child’s best interests if there are multiple people with the same degree of kinship. Tex. Est. Code Ann. § 1104.052. A minor who is at least 12 years old may be able to select a guardian, if the court finds the selection is in the child’s best interest and approves. Tex. Est. Code Ann. § 1104.054.

Texas Court of Appeals Denies Writ to Vacate Order Compelling Therapy

Published on: December 10, 2020 | by Kelly McClure

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.

Fit Parents in Texas Decide If Non-parent Gets Conservatorship or Possession of Their Children

Published on: November 2, 2020 | by Francesca Blackard

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 not award an unrelated person visitation and access to children when the father was fit.

The father filed for divorce in 2018. The court signed temporary orders naming the mother and father joint managing conservators of the children.

A person who was unrelated to the children, identified as “B.B.,” intervened and requested a temporary restraining order. She alleged the children had been living with her during the case. She claimed the mother had mental health problems and had physically abused one of the children. The court issued a temporary restraining order and ordered the parents not to remove the children from B.B.’s possession until a hearing occurred.

False Allegations May Justify Texas Custody Modification

Published on: October 19, 2020 | by McClure Law Group

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 varies depending on the circumstances of the case. Recently, a father successfully argued that false allegations of sexual abuse and the resulting investigations constituted a material and substantial change in circumstances justifying a custody modification.

The father petitioned to modify the Order in Suit Affecting the Parent-Child Relationship to give him the exclusive right to designate the child’s primary residence. The previous order gave the mother that right and included a modified standard possession order until the child turned five, at which time the father would begin a standard possession order.

The mother expressed concerns the child may have been sexually abused during the first extended summer visitation with the father under the standard possession order. The father let the child go back to the mother’s home for a weekend because she was homesick. The mother saw bruises on the child’s inner thigh and pubic bone and the child had a urinary tract infection. The mother took the child to a clinic and then for an examination by a sexual assault nurse examiner (“SANE”). She also took her for a forensic interview at the child Advocacy Center.

Material and Substantial Change Must Be Related to Requested Texas Custody Modification

Published on: October 12, 2020 | by Francesca Blackard

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 unsupervised visits, arguing he had not shown a material and substantial change in circumstances.

The mother filed a Suit Affecting Parent Child Relationship (SAPCR) asking the court to limit the father’s access to their daughter after he received a DWI in 2012. Her affidavit detailed a number of events related to the father’s intoxication during the marriage. She asked to be named sole managing conservator. She also asked that the father be allowed only supervised visitation and that he be prohibited from drinking for 12 hours before and during the visitation.

The father was from Canada and had returned there. He did not contest the suit and a default judgment was entered. It named the mother sole managing conservator and limited the father to supervised visitation.

Texas Court Grants Mother’s Wishes to Relocate Out of State

Published on: October 1, 2020 | by Spencer Page

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 difficult. The father had cancelled dentist appointments without telling the mother, hid the children from their mother, taught the children how to fight (by telling them to hit the mother), and refused to consent to the children’s enrollment in daycare despite one of the children suffering from speech delays that required professional attention. Nonetheless, this mother persisted.