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Articles Posted in Child Custody

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Fit Parents in Texas Decide If Non-parent Gets Conservatorship or Possession of Their Children

Parents have fundamental rights to make certain decisions regarding their children.  These rights can make it difficult for a non-parent to gain custody or visitation rights to children over the objection of a fit parent in a Texas custody case.  A Texas appeals court recently held a trial court could…

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Material and Substantial Change Must Be Related to Requested Texas Custody Modification

When a parent seeks modification of Texas custody order, he or she must a substantial and material change in circumstances since the previous order.  Generally, the change must be material to the modification the parent is requesting.  A mother recently appealed a custody order modification allowing the father to have…

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Texas Court Grants Mother’s Wishes to Relocate Out of State

For many Texas co-parents, relocating to another state is their “white whale:” relentlessly sought after, but seldom granted by the family courts. However, one Texas mother recently obtained the (nearly) unobtainable. This mother had spent years dealing with a co-parent, the father, who made even the simplest of child-rearing decisions…

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Texas Supreme Court Finds that Parental Presumption Extends to Modification Suits

On June 26, 2020, the Supreme Court of Texas issued a ruling that is sure to have a major impact on future non-parent custody cases in the state of Texas. In the case of In re C.J.C., the Supreme Court of Texas found that the presumption that it is in…

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Texas Court Must Transfer Custody Enforcement Action After Child Moves

In a Texas divorce case, the trial court that enters the divorce decree generally maintains continuing and exclusive jurisdiction over the children.  In some situations, however, transfer may be appropriate or even required.  If a party moves to enforce an order, but the child has resided in another county for…

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The Texas Supreme Court Orders Continued Remote Hearings and Procedures for the Foreseeable Future

Pursuant to the Texas Supreme Court’s 17th Emergency Order Regarding The Covid-19 State of Disaster, Texas courts may now modify or suspend deadlines for civil and criminal cases, except for child-welfare cases, until September 30. In child-welfare cases, the Texas courts may modify or suspend a deadline or procedure imposed…

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Best-Interest Factors May Not Be Relevant in Texas Custody Case Where Both Parents Are Fit

In a Texas custody case, the court is not required to give parents equal periods of possession or visitation just because it appoints the parents as joint managing conservators. Tex. Fam. Code § 153.135. The court is also not required to award rights and duties of conservatorship to each parent…

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