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Articles Posted by Kelly McClure

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The Property Owner Rule in Valuing Texas Property for Distribution Purposes

In a recent Texas appellate case, the court considered the lower court’s division of a marital estate. The couple was married in 1990 and bought two businesses while married, one an insurance agency operated by the wife and the other a livestock auction house operated by the husband. The wife…

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Modifications to Exclusive Right to Designate Residence of a Texas Child

In Interest of TAM involved requests to modify the parent-child relationship. The child in question was 11 when an order of modification was entered for the second time. The first time the parents asked for modification resulted in both parents keeping joint managing conservator status and lots of the rights they’d…

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Acceptance of Benefits Doctrine in Texas Divorce

In a recent Texas Supreme Court case, the Court considered the acceptance-of-benefits doctrine, which stops a litigant from challenging judgments after voluntarily accepting any benefits provided by the judgment. The Court considered the case because divorces regularly divide assets in situations in which a party can possess and control assets…

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Texas Parental Right to Make Medical and Psychological Treatment Decisions

In Davenport v. Davenport, a mother and a father each appealed from a trial court’s order related to their counter-petitions to modify the parent-child relationship. The couple was divorced in 2005, one year after their daughter was born. Ten years later, the mother filed a first amended petition to modify…

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