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Articles Posted in Child Custody

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Texas Court Allows Mother to Travel Internationally with the Child

Generally, when a parent wants to modify the parent-child relationship over the objection of the other parent, they must show the court that there has been a material and substantial change in circumstances and that the modification is in the child’s best interest.  Often, modifications address major issues, such as…

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Sibling Standing in Texas Custody Case

Under Texas family law, certain close relatives of a child may seek managing conservatorship if they can sufficiently show the child’s current circumstances would significantly impair the child physically or emotionally.  Tex. Fam. Code Ann. § 102.004(a)(1).  A sister recently sought custody of her siblings, asserting standing under § 102.004(a)(1).…

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Texas Appeals Court Denies Grandmother Standing in Custody Case

A fit parent generally has the right to determine who has access to the child.  In some cases, however, people other than the parents may seek visitation or even custody of the child.  When someone other than a parent seeks rights in a Texas case, they must meet certain conditions. …

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Texas Court Limits Visitation Due to History of Family Violence

Texas family law includes a rebuttable presumption that appointing both parents as joint managing conservators is in the child’s best interest. Tex. Fam. Code § 153.131. The presumption can be rebutted upon a finding of a history of family violence.  A mother recently challenged a trial court’s order, arguing in…

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Challenging a Texas Acknowledgment of Paternity

Some families choose to resolve custody manners informally.  When the parties are the biological parents, subsequent disputes can be resolved through a Texas custody case.  When one party is not biological parent, however, resulting disputes may be more complex. In a recent case, a maternal uncle and aunt appealed an…

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Right to Attorney and Right Against Self-Incrimination in Texas Custody Enforcement Action

When a parent in a Texas custody case fails to comply with a court order, the other parent may petition for enforcement of the court order. The parent seeking enforcement may pursue an order of contempt, which can result in six months’ jail time, a fine of $500 per violation,…

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Child Interviews and Extracurricular-Activity Expenses in Texas Custody Case

Tex. Fam. Code § 153.009(a) requires the court in a Texas custody case to interview a child who is at least 12 years old to determine their wishes regarding custody, “on the application of a party. . . “ A father recently challenged a court’s failure to interview the children…

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Court Denies Geographic Restriction in Texas Custody Case

A trial court generally has broad discretion in deciding whether to impose a geographic restriction on the child’s primary residence in a Texas custody case.  A geographic restriction limits where the children’s primary residence may be.  As with other aspects of a custody case, the primary consideration is whether the…

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Texas Grandmother Must Overcome Fit-Parent Presumption to Become Possessory Conservator

Grandparents sometime take on a parental role in the lives of their grandchildren.  In some circumstances, such grandparents may have standing (i.e., the right to sue) for possession and access to the children. Parents have a fundamental right to make decisions regarding their children, however. Generally, a court in a…

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Texas Court Can Impose Geographic Restriction After Jury Gives Parent Custody

A geographic restriction in a Texas custody order helps ensure the parent without physical custody has access to the child, but it can also impose severe limitations on the mobility of the parent with physical custody of the child.  In a recent case, a mother challenged the imposition of a…

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