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Texas Divorce Attorney Blog

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Evidence of Adultery and Drug Use in a Texas Custody Case

Evidence is important in any case, including a Texas child-custody dispute.  In a recent case, a father challenged a trial court’s divorce decree based on the exclusion of certain evidence at trial. Mother’s Burner Phone Found with Explicit Messages According to the appeals court’s opinion, the main issue at the…

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Texas Appeals Court Upholds Finding Father Was Intentionally Unemployed or Underemployed

If a parent in a Texas child-support case is intentionally unemployed or underemployed resulting in an income significantly less than what they could earn, the court may calculate child support based on their earning potential. Tex. Fam. Code § 154.066(a).  The other parent has the burden of showing that the…

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Texas Appeals Court Affirms Order Changing Child’s Surname to Match His Father’s

Sometimes parents disagree about whose surname a child should have.  Texas family law allows a court to order a name change for a child if the change is in the child’s best interest.  Tex. Fam. Code Ann. § 45.004.  Additionally, when a court adjudicates parentage, it may order a name…

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Is My Spouse Entitled to Half of My 401(k)?

For many Texans, their 401(k) plan is one of their largest assets – particularly for those who have made regular contributions throughout their career. On top of that, 401(k) plans often hold symbolic significance above and beyond their sheer dollar value. To some, they represent safety, security, and an end…

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Texas Appeals Court Finds No Judicial Admission in Conditional Pleading for Custody Modification

Generally, there must be a material and substantial change in circumstances to justify a modification of a Texas custody order. An appeals court recently considered whether a father judicially admitted the existence of a material and substantial change when he objected to the modification sought by the mother, but petitioned,…

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Arbitration Award Involving Texas Couple’s Business Entities Upheld on Appeal

A Texas premarital agreement can help protect each party’s assets in the event a marriage ends in divorce. Premarital agreements may also include other provisions, including a requirement to submit certain issues to binding arbitration instead of for determination before a judge or jury. In a recent case, a husband…

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Standard Possession Presumption Does Not Apply to Child Under Three in Texas Custody Case

Texas family law includes a presumption that parents should be appointed joint managing conservators.  The law does not require, however, that the parents be given equal possession just because they are joint managing conservators.  Tex. Fam. Code § 153.135.  There is a rebuttable presumption that the standard possession order is…

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Texas Court Has Jurisdiction Over North Carolina Child-Custody Order

Sometimes one or both parents move after a custody order is issued.  When parents move, they often want to modify custody and visitation.  However, if both parents have moved out of state, issues of jurisdiction may arise.  In a recent case, a father sought a Texas custody modification of a…

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Meaning of “Multiple Households” for Purposes of Calculating Texas Child Support

Courts often keep siblings together; however, in some Texas child custody cases, it is in the children’s best interest for them to be split up. When one or more children live with one parent and one or more children live with the other parent, each parent may be obligated to…

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Texas Divorce Decree Could Address Changes Arising from Hurricane Occurring after MSA

When a divorcing couple reaches a Mediated Settlement Agreement (“MSA”) that meets the statutory requirements, the parties are entitled to a judgment on that MSA. Tex. Fam. Code Ann. §§ 6.602(c).  In some cases, however, things can change after the MSA is agreed upon. In a recent case, a wife…

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