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Articles Posted by Kelly McClure

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Texas Court Denies Mother’s Request to Relocate with Child

The best interest of the child is the primary consideration in Texas custody matters, but the courts have identified factors to be considered in determining the child’s best interest in certain circumstances.  A mother recently appealed a court’s denial of her request to remove a geographic restriction, arguing the court…

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Texas Court Addresses Validity of Post-Nuptial Agreement

While it is not the most comfortable thing to consider before or during the marriage, premarital and postnuptial agreements are critical to establishing each partner’s property and financial rights. Texas law provides a mechanism for couples in a marriage to accomplish the same results that could have been created in…

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How Do Texas Courts Value a Medical Practice During Divorce Proceedings?

Valuing a closely-held medical practice during a divorce in Texas requires a complex understanding of the measures of value, methods of valuation, and Texas statutes. Although business valuations do not adhere to precise mathematical processes, general methods, procedures, and principles exist. In Texas, determining the value of medical practice is…

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Texas Court Rejects Mother’s Request to Modify Relocation Restrictions in Recent Divorce Appeal

When a judge finalizes a Texas divorce involving the custody of children, they will determine which parent has the right to determine where the child will live. However, courts will almost always place certain restrictions on that parent’s ability to relocate. While a relocation restriction may not immediately be an…

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Texas Court Prohibits Parents from Communicating

Texas has a public policy to assure frequent and continuing contact between children and “parents who have shown the ability to act” in the children’s best interest.  Tex. Fam. Code § 153.001(a).  In some circumstances, however, parents are not able to effectively communicate and co-parent.  In a recent case, the…

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Texas Trial Court Lacks Jurisdiction to Correct Errors in Retirement Division Years After Decree

A final and unambiguous Texas divorce decree that disposes of all of the marital property generally may not be relitigated.  The Texas Family Code allows the trial court to keep continuing subject matter jurisdiction to clarify and enforce the property division, but it cannot change or modify it.  In a…

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Texas Child Support for Joint Managing Conservator

Texas family law presumes that is in the child’s best interest for both parents to be appointed joint managing conservators.  Tex. Fam. Code § 153.131(b).  When the court appoints joint managing conservators, it must give one the exclusive right to decide the primary residence of the child.  Tex. Fam. Code…

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Texas Appeals Court Upholds Requirement of Flexibility in Possession and Access to Older Child

The best interest of the child is the primary consideration in a Texas custody case.  Tex. Fam. Code § 153.002.  The trial court has broad discretion in determining what is in the child’s best interest.  There is a presumption that a standard possession order is in the child’s best interest,…

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Attorney’s Fees in Texas Divorce Without Community Property

A couple may choose to enter into a Texas pre-marital agreement to protect their respective assets in the event of a divorce.  A pre-martial agreement allows the parties to agree on use, control, and transfer of property, characterization of property or income, disposition of property in a divorce, and a…

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Subject-Matter Jurisdiction in Texas Custody Case

Rules and regulations books with official instructions and directions of organization or team. 3d illustration A trial court must have subject-matter jurisdiction over a matter to hear case.  Subject-matter jurisdiction in a Texas child custody case is governed by Chapter 152 of the Texas Family Code. Pursuant to Tex. Fam.…

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