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Texas Divorce Attorney Blog

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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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Employer-Paid Insurance Premiums Are Not Net Resources for Texas Child-Support Calculation

When a court determines the amount of Texas child support a parent is obligated to pay, it must consider that parent’s net resources.  The statute sets forth certain items to be included in the parent’s net resources and other items that are not to be included.  Tex. Fam. Code §…

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Texas Court Denies Child-Support Modification upon Finding of Underemployment

In determining the Texas child-support obligation of a parent, the court may consider whether that parent is intentionally unemployed or underemployed.  If the court finds the parent is intentionally unemployed or underemployed, it may apply the support guidelines to that parent’s earning potential, rather than to their actual earnings.  Tex.…

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Texas Informal Marriage: Agreement to Be Married

A Texas common-law marriage can occur when the parties agree to be married, subsequently live together as married within the state, and represent themselves as married.  Tex. Fam. Code Ann. § 2.401. The agreement to be married is a separate requirement that must be proven, although it may sometimes be…

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Texas Court Grants Divorce and Denies Annulment

Marriages in Texas are generally presumed to be valid. Tex. Fam. Code Ann. § 1.101.  In some cases, however, a party may seek to have a marriage determined to be invalid by pursuing an annulment.  When a person petitions for annulment, they are taking the position that the marriage was…

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Texas Spousal Maintenance Upheld Without Medical Records or Expert Testimony

A court may order Texas spousal maintenance if the spouse requesting it is not able to earn enough to provide for their own minimum reasonable needs due to an incapacitating disability. The incapacitating disability may be either physical or mental.  Tex. Fam. Code 8.051.  A former husband recently challenged a…

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Cruelty and Fraud on the Community in a Texas Divorce

The trial court must divide property in a just and right manner in a Texas divorce.  The division must be equitable, and should not be punitive against either spouse.  A husband recently challenged a property division, arguing it had been punitive against him. The wife filed for divorce after the…

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Texas Court Gives Father Custody after Mother Seeks Modification

A court may generally only modify a Texas custody order if the modification is in the best interest of the child and there has been a material and substantial change in circumstances since the previous order was rendered or the parties signed the settlement agreement. The court may also modify…

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Wife Waived Right to Tax Reimbursement by Failing to Comply with Texas Divorce

When the parties to a Texas divorce agree on a property division, they may agree that certain obligations or conditions must be met.  If a party fails to meet their obligations as agreed to and set forth in the divorce decree, they may not be entitled to the property they…

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