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Texas Divorce Attorney Blog

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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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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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Cruel Treatment During Marriage Results in Disproportionate Division of Property

Fault in Divorce Divorces may be granted without fault, but Texas still allows divorce to be granted on fault-based grounds in certain situations.  For example, a Texas divorce may be granted in one spouse’s favor if the other committed “cruel treatment” that makes the parties continuing to live together “insupportable.”…

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Texas Father Entitled to Child Support Credit While Living with the Mother and Children

Many couples attempt to reconcile after breaking up or divorcing.  Moving back in together can effect a parent’s obligation to provide child support.  If the parent who is obligated to pay child support is contributing to the support of the household, he or she may be entitled to a credit…

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Texas Court Finds No Duress in Mediated Settlement Agreement

What is a Mediated Settlement Agreement? A mediated settlement agreement (“MSA”) in a Texas divorce is binding if it meets certain requirements.  It must state that it is not subject to revocation in bold letters, capital letters or underlined text.  It must also be signed by each party and the…

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