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Articles Posted in Parental Presumption

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Fit Parent Presumption in Texas Custody Modification Proceedings

There is a presumption under Texas family law that it is in the child’s best interest to be raised by their parents.  Additionally, the U.S. Supreme Court has held that parents have a fundamental right to make decisions regarding the care, custody, and control of their children.  Courts generally cannot…

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Texas Court Finds Alleged Father Time-Barred From Adjudicating Paternity

Under Texas family law, a mother’s husband is presumed to be the father of a child born during the marriage.  This presumption can be rebutted by an adjudication of parentage or by a valid denial of paternity filed by the presumed father along with a valid acknowledgement of paternity filed…

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Genetic Testing of Presumed Father in Texas Paternity Case

Texas family law presumes a man is the father of a child in certain circumstances, including when he is married to the child’s mother at the time of the birth or when he continuously resides with the child for the first two years of the child’s life and holds himself…

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Texas Parental Presumption and Joint Managing Conservatorship

There is a strong presumption in Texas family law that it is in the child’s best interest for a parent to be awarded custody over a non-parent. In a recent case, a father appealed a judgment naming him joint managing conservator with the child’s maternal grandmother. A central issue in…

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Texas Court Should Have Applied Parental Presumption Even When Parent Lived Outside U.S.

Texas family law has a strong presumption that it is in the child’s best interest to give custody to a parent. Generally, the court must appoint sole managing conservatorship to the parent instead of a non-parent unless it finds doing so would not be in the child’s best interest due…

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