In Texas, court-ordered possession and access provisions are not advisory. They are binding orders, and repeated violations can carry significant legal consequences. A recent legislative change strengthens those consequences. House Bill 3181 creates a statutory “three strikes” framework that directly links repeated contempt findings for denying visitation to the potential…
The default schedule for standard possession in Texas has changed. Texas custody law generally uses the term “possession and access” rather than visitation. The Texas Family Code establishes standard possession schedules designed to promote frequent contact between children and both parents. Recent legislative changes have altered how those Texas visitation…
The Texas Supreme Court has reversed the outcome in a lawsuit filed by the Texas Department of Family and Protective Services seeking termination of a mother’s parental rights. The case proceeded to trial following the child’s removal from the mother’s care based on allegations involving substance abuse and domestic violence…
Even after a divorce decree becomes final, disputes may arise regarding compliance with the decree’s property provisions. In a recent case, the Texas Supreme Court examined whether a trial court properly exercised its jurisdiction under Chapter 9 of the Texas Family Code when enforcing a divorce decree involving community property.…
Amy Schumer and Chris Fischer have announced on social media that they are divorcing after seven years of marriage. Let’s evaluate the dissolution of this marriage from the perspective of a family law attorney. Even prior to the marriage, Schumer was an internationally famous comedian. Fischer is successful in his…
Texas family law proceedings are generally open to the public, but parties in high-net-worth divorces frequently seek to shield sensitive financial and personal information from disclosure. A recent dispute surrounding the divorce records of Texas Attorney General Ken Paxton and Texas Senator Angela Paxton illustrates how courts approach requests to…
The Supreme Court of Texas has weighed in on the thorny question of when a default divorce judgment should be undone. In a recent case, a husband filed for divorce and sought to serve his wife with divorce papers. At the time, the wife was residing at her parents’ house…
Parties to a Texas divorce may wish to reach a settlement agreement to avoid protracted litigation and resolve their issues amicably. Divorcing spouses may enter into an agreement incident to divorce pursuant to Tex. Fam. Code § 7.006, which may generally be revised or repudiated at any time before the…
Pursuant to Chapter 9 of the Texas Family Code, a party may file suit to enforce the property division in a divorce decree. If a party’s “rights, duties, powers, or liabilities may be affected” by the enforcement action, they must receive notice by citation. Tex. Fam. Code § 9.001. A…
To modify a Texas custody order, the parent must show that the modification would be in the child’s best interest and that there has been a material and substantial change in circumstances. Tex. Fam. Code § 156.101(a). The Texas Supreme Court set forth factors to be considered in relocation cases…