Texas Divorce Attorney Blog

Who Determines a Child’s Last Name When Divorcing Parents Disagree in Texas?

Published on: October 26, 2026 | by Francesca Blackard

When parents disagree about a child’s last name during a Texas divorce, neither parent has the exclusive right to make that decision. Under Texas Family Code § 45.004(a)(1), a court may order a child’s name changed if the change is in the child’s best interest.

A recent Texas appeals court decision examined whether a mother could retain the surname she selected for her child without the father’s input, despite the parents remaining married when the child was born: In re Marriage of Callahan and Lewis, No. 06-25-00104-CV (2026).

Background of the Case

Understanding Parental Rights Termination in Texas: Why Endangerment Findings Are Hard to Overturn on Appeal

Published on: October 19, 2026 | by Kelly McClure

Terminating parental rights in Texas requires clear and convincing evidence of both a statutory ground for termination and that termination serves the child’s best interest. A recent Texas appeals court decision demonstrates how evidence of past endangerment can undermine a parent’s efforts to overturn a termination order, even when the parent claims to have made improvements. Tex. Fam. Code § 161.001(b).

Texas Court Terminates Mother’s Parental Rights Following Drug Use Allegations

In In re J.B. and B.B., the Texas Department of Family and Protective Services filed a termination lawsuit in June 2024 following reports of substance abuse, neglectful supervision, and unsafe living conditions. Both children tested positive for illegal drugs, and the Department had investigated the family repeatedly since 2015. No. 11-26-00093-CV (Tex. App.—Eastland Sep. 24, 2026, no pet.) (mem. op.).

Challenging False Paternity and Pregnancy Claim in Texas

Published on: October 12, 2026 | by Francesca Blackard

A disputed paternity claim can become particularly complicated when the alleged father questions whether there is a pregnancy at all. That issue received national attention in a recent case where Laura Owens accused former “Bachelor” star Clayton Echard of fathering her alleged twins and initiated a paternity case against him. Although the case arose in Arizona, it raises important questions about how Texas law would apply when both pregnancy and paternity are disputed.

The Laura Owens Paternity Litigation

Owens alleged that she became pregnant after a casual sexual encounter with Echard in May 2023 and claimed she was carrying twins. In August 2023, while she claimed the pregnancy was ongoing, Owens filed a paternity petition alleging Echard was the father.

Abby Elliott and Bill Kennedy’s Divorce Raises Questions About Spousal Maintenance Under Texas Law

Published on: October 5, 2026 | by Kelly McClure

The Bear actor Abby Elliott and her producer husband, Bill Kennedy, are divorcing after nearly ten years of marriage. Both spouses are asking for spousal support while simultaneously asking the court to prevent the other from receiving it. Elliott requested support when she filed for divorce, and Kennedy later filed his own request for support while seeking to terminate the court’s ability to award support to Elliott. Although their divorce is governed by California law, we can analyze how their case hypothetically could play out under Texas law.

In Texas, a spouse’s request for maintenance does not establish that the spouse is entitled to receive it. Here, a court may award post-divorce maintenance only when the spouse seeking it satisfies the requirements detailed in the Texas Family Code. Tex. Fam. Code § 8.051.

When Can a Spouse Receive Spousal Maintenance in Texas?

Interstate Child Custody Jurisdiction in Texas: What a Recent Case Means for Families Facing UCCJEA Conflicts

Published on: September 28, 2026 | by Francesca Blackard

When parents and children have connections to more than one state, determining which state’s courts have authority to decide custody can become a threshold issue in a Texas family law case. The Texas Supreme Court’s recent decision in In re Interest of K.N. illustrates an important distinction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA): a Texas court may still have the authority to decide a custody case even when the specific UCCJEA rule being used to justify the court’s involvement does not apply. In re K.N., No. 24-0881, slip op. at 9–14 (Tex. June 5, 2026).

The Facts of In re K.N.

The case arose from a child-protection proceeding involving four children and repeated allegations of abuse concerning the oldest child. After the Texas Department of Family and Protective Services became involved, the parents were ordered to participate in services, and the trial court ultimately appointed the Department temporary managing conservator.

Separate Property Reimbursement for Marital Home Mortgages Under Texas Family Code § 3.402

Published on: September 21, 2026 | by Kelly McClure

When one spouse uses separate property to pay down the mortgage on a home owned by the community estate, the spouse may be entitled to reimbursement in a Texas divorce. This can occur when a spouse uses money from an inheritance, savings accumulated before marriage, or other separate funds to pay a debt that benefits the community estate. Tex. Fam. Code § 3.402.

Separate Property and the Marital Home

Texas law generally classifies property owned by a spouse before marriage, as well as property acquired during marriage by gift or inheritance, as separate property. Property acquired during marriage is generally community property. Tex. Fam. Code §§ 3.001–.002.

Texas Appeals Court Sets High Bar for Overturning an “Unconscionable” Prenuptial Agreement

Published on: September 14, 2026 | by Francesca Blackard

Texas courts tend to hold a hard line on enforcing premarital agreements, and a spouse seeking to have it overturned must satisfy the specific requirements established by the Texas Family Code. A recent Dallas appeals court decision illustrates why an agreement will not be invalidated even if one party is disadvantaged at the time of the drafting and signing.

The Potyondy Prenuptial Agreement

Brendan Potyondy and Meredith Potyondy met in Austin. At the time, Brendan worked in the oil and gas industry and had accumulated assets before the marriage, whereas Meredith did not. After numerous drafts, the parties signed a premarital agreement two days before their wedding. Meredith did not have her own attorney representing her in connection with the agreement. In re Marriage of Potyondy, No. 05-24-00312-CV.

Texas Supreme Court Clarifies When a Jury Verdict Controls a Child’s Primary Residence

Published on: September 8, 2026 | by Kelly McClure

When parents are going through a custody dispute, it can be difficult to understand what role the judge and jury play in the custody award. A question that arose in a recent Texas Supreme Court case was: if a jury decides that the children should primarily live with one parent, can a judge still give the other parent more time with the children? The court addressed the issue and clarified that a judge cannot use a possession schedule to effectively override the jury’s decision about which parent will have the children’s primary residence. Gopalan v. Marsh, No. 25-0161, slip op. at 12–13 (Tex. May 22, 2026).

The Facts of the Case

The case arose from the divorce of Prabhakar Gopalan and Andrea Marsh following their nine-year marriage. The parents agreed to joint managing conservatorship of their two children, but they disputed the allocation of parental rights, possession, and other issues concerning the children. After a five-day jury trial, the jury determined that Gopalan should have the exclusive right to designate the children’s primary residence within Travis County.

Article I, Section 37 of the Texas Constitution: How Texas’s New Constitutional Shield Limits Third-Party Interference in Family Law

Published on: August 28, 2026 | by Francesca Blackard

Texas courts have long recognized that parents have a fundamental right to make decisions concerning the care, custody, and upbringing of their children. Article I, Section 37 of the Texas Constitution formally places those parental rights into the Texas Constitution by affirming that parents have the responsibility to nurture and protect their children and the corresponding fundamental right to exercise care, custody, and control over decisions concerning their children’s upbringing. Tex. Const. art. I, § 37.

Although the amendment does not eliminate a family court’s authority to determine conservatorship, possession, or access issues, it provides additional constitutional protection when courts are asked to restrict a fit parent’s ability to make decisions for a child.

Texas’s Existing Protection of Parental Rights

Texas Supreme Court Clarifies That CPS Cannot Require a Parent to Divorce to Keep Parental Rights

Published on: August 21, 2026 | by Kelly McClure

A recent opinion from the Texas Supreme Court addresses an important limitation on the State’s authority in parental termination cases involving domestic violence. Although Texas law requires parents to protect their children from abusive environments, the Court reaffirmed that the Texas Department of Family and Protective Services (DFPS) cannot require a parent to divorce an abusive spouse as a prerequisite to retaining parental rights. Rather, termination must rest on the statutory requirements established by the Texas Family Code and the evidence presented in the individual case. In re H.S., B.S., and M.S., Children, No. 24-0307 (Tex. June 5, 2026).

Background of the Case

DFPS became involved with a family following repeated incidents of domestic violence between the parents. The record reflected that the father physically assaulted the mother on multiple occasions, including sexually touching her, threatening her with a firearm, damaging property during violent outbursts, and engaging in self-harming behavior in the presence of the children.