Texas Divorce Attorney Blog

Texas Supervised Visitation

Published on: March 16, 2021 | by Kelly McClure

iStock-545456068-scaled A court must base its decisions regarding custody and visitation primarily on the child’s best interest. In a recent Texas case, a father challenged a court’s modification of his prior possession order, restricting him to supervised visitation with his daughter.

The mother petitioned to be named the child’s sole managing conservator and asked the court to either deny visitation with the father or, in the alternative, to require it to be supervised. She alleged the child had reported being spanked, being physically punished by her stepmother and her step-grandmother, being forced to stand in a corner, being underfed sometimes, being subjected to verbal abuse and threats of physical violence, and being required to stay in her room watching television for hours while she was in her father’s custody. The mother also alleged the child’s foot had been injured by her step-grandmother and not given medical attention. She further alleged the child’s stepmother repeatedly tried to put makeup on the child when she was allergic to it.

Supreme Court of Texas Discovery Rules

Published on: March 8, 2021 | by Brandon Joseph

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On December 23, 2020, the Texas Supreme Court finalized its amendments to the discovery rules set forth in the Texas Rules of Civil Procedure. The changes to the discovery rules will undoubtedly impact family law cases filed on or after January 1, 2021.

Of the amendments, the mandate that certain pretrial, expert, and initial disclosures be made under Rules 194 and 195, will require the compilation and exchange of documents and information early in the litigation phase and without the necessity of a formal request from the opposing party. While this early exchange of information may lead to resolution and settlement of issues and claims, failure to respond in accordance with the Rules may result in exclusion of evidence as set forth in Texas Rule of Civil Procedure 193.6.

In order to preserve your claims and ability to present evidence, it is imperative that you comply with the amendments to the Texas Rules of Civil Procedure. For convenience, please find the amended discovery rules below.

Property Division in Texas Default Divorce Judgment

Published on: March 7, 2021 | by Francesca Blackard

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In some Texas divorce cases, a party fails to file an answer to the divorce petition or otherwise participate in the divorce proceedings in any way. When a court divides property in a Texas divorce, it must do so in a “just and right” manner. TEX. FAM. CODE ANN. § 7.001. However, to do so, the court must have sufficient evidence of the value of the community estate, even if one of the parties does not participate in the proceedings. Even if their spouse fails to file an answer, the petitioner in a divorce case must present evidence supporting the material allegations in the petition. If a trial court divides the property without sufficient evidence of the value of the assets to make a just and right division, the division may be subject to reversal on appeal, even if the appealing spouse failed to respond and the court issued a default judgment.

In a recent case, a husband challenged a default judgment granting his wife a divorce and dividing their property, arguing there was insufficient evidence to support the property division.

Texas Parental Presumption and Joint Managing Conservatorship

Published on: February 28, 2021 | by McClure Law Group

There is a strong presumption in Texas family law that it is in the child’s best interest for a parent to be awarded custody over a non-parent. In a recent case, a father appealed a judgment naming him joint managing conservator with the child’s maternal grandmother. A central issue in the case was the father’s argument that he should have been appointed the child’s sole managing conservator based upon the parental presumption.

Texas Divorce Decree Must Adopt Terms of a Mediated Settlement Agreement

Published on: February 23, 2021 | by Kelly McClure

A Texas Mediated Settlement Agreement (“MSA”) that meets the statutory formalities is binding and the parties are entitled to a judgment upon it (i.e., the divorce decree must adopt it). In a recent case, a husband challenged an order issued after the divorce decree that was intended to conform the decree with the terms of the MSA.

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parties executed an MSA. A couple of weeks after the court entered the final divorce decree, the wife moved for clarification of the MSA. She alleged the final decree did not reflect the MSA, because it failed to confirm certain items as her separate property. The trial court entered an order confirming those items as her separate property after a hearing.

The husband appealed.

Supervised Visitation Not Required for Texas Mother after Sobriety

Published on: February 21, 2021 | by Francesca Blackard

In Texas custody cases, a court may only issue an order denying possession of a child or imposing restrictions or limitations on a parent’s right to possession to the extent necessary to protect the child’s best interest. Tex. Fam. Code § 153.193. Thus, a court may only order that a parent’s visitation with a child be supervised if doing so is in the child’s best interest.

A father recently challenged a court’s denial of his request for supervised visitation and drug testing of the mother.

Evidence of Adultery and Drug Use in a Texas Custody Case

Published on: February 14, 2021 | by McClure Law Group

Evidence is important in any case, including a Texas child-custody dispute. In a recent case, a father challenged a trial court’s divorce decree based on the exclusion of certain evidence at trial. iStock-818445486

Texas Appeals Court Upholds Finding Father Was Intentionally Unemployed or Underemployed

Published on: February 8, 2021 | by Kelly McClure

iStock-483611874 If a parent in a Texas child-support case is intentionally unemployed or underemployed resulting in an income significantly less than what they could earn, the court may calculate child support based on their earning potential. Tex. Fam. Code § 154.066(a). The other parent has the burden of showing that the parent is intentionally unemployed or underemployed.

A father recently challenged a trial court’s finding that he was intentionally unemployed or underemployed and the child-support obligation based upon that finding.

Texas Appeals Court Affirms Order Changing Child’s Surname to Match His Father’s

Published on: February 1, 2021 | by Francesca Blackard

iStock-1147846829 Sometimes parents disagree about whose surname a child should have. Texas family law allows a court to order a name change for a child if the change is in the child’s best interest. Tex. Fam. Code Ann. § 45.004. Additionally, when a court adjudicates parentage, it may order a name change if a parent requests it and “for good cause shown.” Tex. Fam. Code Ann. § 160.636. Some appeals courts have held that those are two distinct tests, while others have held that the child’s best interest is necessarily good cause and simply determine if the change would be in the child’s best interest even when the name change is requested pursuant to § 160.636.

A mother recently appealed a court order changing her son’s surname to that of his father.

Is My Spouse Entitled to Half of My 401(k)?

Published on: January 24, 2021 | by Spencer Page

iStock-654702696 For many Texans, their 401(k) plan is one of their largest assets – particularly for those who have made regular contributions throughout their career. On top of that, 401(k) plans often hold symbolic significance above and beyond their sheer dollar value. To some, they represent safety, security, and an end to the monotonous rat race. For others, they are a prize, a badge of honor earned after countless late nights at the office. However, no matter the role they play in your life, the thought of losing half of your hard-earned nest egg can be terrifying. This begs the question: how much of your 401(k) is actually at stake in a Texas divorce? Continue Reading ›