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…
In a recent Fourth Court of Appeals case, In the Interest of S.I.S.F., the court reviewed a final judgment regarding a geographic residence restriction in a conservatorship case. The trial court imposed a restriction limiting the child’s primary residence to Bexar County and contiguous counties. The mother appealed that restriction,…
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…
A court can modify a Texas custody or visitation order if the modification would be in the child’s best interest and there has been a material and substantial change in circumstances since the prior order was rendered. Tex. Fam. Code § 156.101(a)(1)(A). Whether a material and substantial change in circumstances…
A court may grant a Texas divorce based on cruel treatment of one spouse toward the other if it “renders further living together insupportable.” “Cruelty” has been defined in Texas case law as an act endangering or threatening “life, limb or health. . .including. . .any infliction of mental pain…
The Texas Family Code sets out the circumstances under which Texas spousal maintenance may be ordered. The court may order maintenance to a spouse only if they will lack sufficient property after the divorce to provide for their minimum reasonable needs. The spouse must also meet one of three conditions,…
International marriages can lead to complex divorces, especially in regards to child custody. In a recent Texas divorce case, a mother appealed a decree that awarded the father the exclusive right to designate the child’s primary residence. According to the appeals court, the parties married while the father was stationed…
Texas has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), which identifies what state has jurisdiction over custody matters. The UCCJEA generally prioritizes the child’s home state for jurisdiction. The child’s home state is where they have lived with a parent for the six months before the custody…
Courts may modify a Texas custody order if doing so is in the best interest of the children and there has been a material and substantial change in circumstances of the child or a conservator since the order was rendered. Tex. Fam. Code § 156.101. In determining the children’s best…