Francesca Blackard, Author at Texas Divorce Attorney Blog

Texas Appellate Court Reverses Joint Custody Award After Family Violence Finding

Published on: May 31, 2026 | by Francesca Blackard

Texas courts have broad discretion in child custody cases, but that discretion is limited by statute when family violence is involved. A recent decision from the Texas Third Court of Appeals illustrates that limitation and reinforces the mandatory language contained in the Texas Family Code regarding conservatorship restrictions after findings of abuse. Tex. Fam. Code § 153.004.

In a recent custody appeal, the Texas Court of Appeals for the Third District reversed portions of a trial court’s conservatorship order after concluding that the record contained findings of family violence inconsistent with a joint managing conservatorship arrangement. The decision reflects a recurring issue in Texas custody litigation: trial courts retain discretion in determining a child’s best interest, but they may not disregard statutory prohibitions governing custody where credible evidence of family violence exists.

Conservatorship Restrictions Under Texas Law

Forensic Accounting and Complex Texas Property Division

Published on: May 18, 2026 | by Francesca Blackard

In complex divorces involving high-value assets, business entities, and allegations of hidden transfers, the court’s ability to achieve equity often depends entirely on the work of a forensic accountant. A recent decision by the Fifth Court of Appeals demonstrates how Texas courts rely on financial tracing and expert reports to evaluate the integrity of the community estate.

The Facts of the Case

The litigation involved a marriage of twenty-six years and a community estate comprised of diverse business interests and real property. The wife alleged that the husband engaged in a series of asset transfers to third parties to deplete the community estate while the divorce was pending. To address these claims, the court looked to financial tracing, the process of identifying the character and movement of funds through various accounts, to determine if the community had been defrauded.

Texas Summary Judgment Rules Undergo Major Overhaul

Published on: April 22, 2026 | by Francesca Blackard

In March 2026, the Texas Supreme Court will implement significant changes to Rule 166a of the Texas Rules of Civil Procedure, altering the landscape of summary judgment practice in Texas courts. These changes, applicable to motions filed on or after March 1, 2026, introduce mandatory timelines and stricter procedural requirements, creating new strategic considerations for litigants in complex civil matters, including high-asset and contested divorces.

Key Amendments to Rule 166a

The new amendments to Texas Rule of Civil Procedure 166a are designed to clarify summary judgment practice and impose strict procedural timelines. The most significant revisions include:

Texas Supreme Court Vacates Guardianship Order Involving Procedural Challenges

Published on: April 19, 2026 | by Francesca Blackard

Establishing a guardianship in Texas is an exacting process that requires strict adherence to the Texas Estates Code. Because a guardianship significantly curtails an individual’s legal rights, the legislature has implemented numerous procedural safeguards to protect the proposed ward. A recent decision by the Texas Supreme Court serves as a critical reminder that failing to follow these steps can lead to the eventual vacatur of a court’s order. In the Guardianship of Wyatt Daniel Endicott, No. 25-0456.

Facts of the Case

The underlying dispute involved an application filed by a father, Robert, to be appointed the permanent guardian of his adult son, Wyatt. Robert had served as the custodial parent since 2009, and he sought the guardianship on the basis that Wyatt was incapacitated due to a mental condition, In re Guardianship of Endicott, No. 10-23-00202-CV.

Texas Supreme Court Reaffirms Trial Court’s Characterization of Property Based on Financial Tracing

Published on: April 18, 2026 | by Francesca Blackard

Texas law draws a firm distinction between separate and community property when dividing assets during a divorce. That distinction often plays a significant role in high-net-worth divorce litigation. The dispute in a recent Texas Supreme Court case, Landry v. Landry, centered on the characterization of two investment accounts held during the marriage.

Factual Background and Procedural History

The husband asserted that the accounts were his separate property because they were funded with premarital assets and proceeds that could be traced to separate sources. The wife challenged that characterization, arguing that all property possessed at the end of the marriage is considered community property. Tex. Fam. Code § 3.002. She supported her argument by evidencing that the funds going into the accounts during the marriage had been commingled with the original contributions and should be treated as community property.

When Divorce Allegations Become Political: Privacy Limits Under Texas Law

Published on: April 5, 2026 | by Francesca Blackard

High-profile divorce proceedings often test the boundary between public access and private dispute resolution. Recent reporting indicates that Ken Paxton’s divorce has been drawn directly into a Texas Senate primary contest, with political opponents referencing allegations that he engaged in multiple extramarital affairs during the marriage.

According to media coverage, the alleged relationships reportedly extended over several years and may have overlapped with his tenure as Attorney General. The reporting also highlights allegations of travel and personal expenditures associated with those relationships. Whether proven or not, these claims illustrate how private marital disputes, once filed, can migrate into public and political discourse.

Public Access to Divorce Records in Texas

Texas Supreme Court Weighs in on Post-Divorce Deferred Compensation

Published on: March 25, 2026 | by Francesca Blackard

Texas law presumes that property possessed during marriage is community property, but that presumption becomes more complicated when compensation is paid after the divorce is finalized. The Texas Supreme Court recently addressed this issue, assessing how courts should analyze deferred compensation and property characterization in divorce proceedings. The decision in In re J.Y.O. illustrates how Texas courts determine whether a bonus paid after a divorce belongs to one spouse individually or must be included in the marital estate.

The Facts of the Case

The dispute in the case arose during a divorce involving a significant employment bonus and a residence that had been acquired before the marriage. The husband received annual discretionary bonuses as part of his company’s compensation structure.

Texas Legislature Increases Statutory Cap for Calculating Child Support

Published on: February 25, 2026 | by Francesca Blackard

Texas child support guidelines are based on a statutory formula tied to the obligor parent’s monthly net resources. These guidelines are designed to create consistent support awards across family courts while allowing trial courts discretion in certain cases.

Beginning September 1, 2025, the Texas Legislature increased the statutory cap used to calculate Texas child support for the first time since 2019. The adjustment to the net resources cap reflects the legislature’s periodic effort to align child support calculations with the economic realities of inflation.

The Net Resources Cap in Texas Child Support

What Can You Appeal in Texas Custody Suits?

Published on: February 1, 2026 | by Francesca Blackard

In a recent Fourth Court of Appeals case, In the Interest of S.I.S.F., the court reviewed a final judgment regarding a geographic residence restriction in a conservatorship case. The trial court imposed a restriction limiting the child’s primary residence to Bexar County and contiguous counties. The mother appealed that restriction, claiming that a child’s domicile should follow that of the custodial parent. The appeals court affirmed, concluding the restriction was consistent with the Texas Family Code regarding the child’s best interests.

The case illustrates the narrow role appellate courts play in Texas family law cases. A party may appeal a final order in a Texas family law case, including conservatorship and possession orders, as in other civil cases. Tex. Fam. Code § 109.002.

Standard of Review in Texas Family Law Appeals

Gray Divorce: A Growing Trend in Texas

Published on: January 30, 2026 | by Francesca Blackard

The trend of couples over age 50 choosing to dissolve long-term marriages, commonly called “gray divorce,” has increased across the United States, and we’re now seeing it here in Texas. Recent demographic data show a growing divorce rate for older Texans, even as overall divorce rates have declined nationwide.

Dividing Property

It’s common for gray divorces to happen after decades of marriage, presenting unique considerations and challenges in the divorce process. These divorces often involve decades of accumulated assets and retirement benefits, and how Texas addresses community property in divorce has a particularly significant impact on long marriages.