Texas custody disputes usually involve the children’s parents. When both parents unexpectedly pass away, however, their families may fight over who gets guardianship of the children. Generally, if the parents did not designate a guardian, a grandparent would be awarded guardianship. If multiple grandparents seek guardianship, then the court will…
With such close geographic proximity, the legal issues that arise in a Texas divorce case occasionally transcend our border with Mexico. In a recent opinion, one Texas court explored the intersection between the laws of Mexico and Texas and whether a Mexican premarital agreement is valid and enforceable in Texas.…
In an ideal situation, child custody may be resolved by agreement, potentially following mediation. In some cases, however, Texas child custody cases become long protracted affairs with disputes that last for years. A father recently challenged an order that required him to participate and family therapy and restricted his access…
With an increasing number of couples having children in their 30s, or skipping having children altogether, pets are taking on a whole new role for many Texas couples: a temporary stand-in for children and sometimes even a permanent replacement. As a result, more Texas couples consider their pets to be…
What is a Partition or Exchange Agreement? In Texas, spouses can enter into agreements (often referred to as “partition or exchange agreements“) during marriage, partitioning community property between themselves. A partition or exchange agreement must satisfy several requirements to be valid and enforceable, including being signed by both spouses. However,…
Parents have fundamental rights to make certain decisions regarding their children. These rights can make it difficult for a non-parent to gain custody or visitation rights to children over the objection of a fit parent in a Texas custody case. A Texas appeals court recently held a trial court could…
Once a child turns eighteen, the Texas Family Code provides that child-support payments can continue as long as the child is still enrolled in school pursuing a high-school diploma. However, at what point is a child no longer considered to be pursuing a high-school diploma for child-support purposes? Recently, one…
Unfortunately, former spouses do not always comply with all of their obligations under a Texas divorce decree. When that happens, the other party may need to take action to enforce those obligations. A father recently challenged a court order charging his interest in certain business organizations with judgments the mother…
When a parent wants to modify a Texas custody order, they generally must show that the change is in the child’s best interest and that there has been a material and substantial change in circumstances since the prior order. Whether a material and substantial change has occurred is fact-specific and…
When a parent seeks modification of Texas custody order, he or she must a substantial and material change in circumstances since the previous order. Generally, the change must be material to the modification the parent is requesting. A mother recently appealed a custody order modification allowing the father to have…