Articles Tagged with Child

iStock-839381426Texas 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 in the child’s best interest, but that presumption only applies to children who are at least three years old.  For younger children, the court must consider “all relevant factors.”  The statute specifically requires the court consider who provided care before and during the proceedings, how separation from either party may affect the child, the availability and willingness of the parties to care for the child, and the child’s needs, along with other specified factors. Tex. Fam. Code § 153.254.

A father recently challenged the possession schedule and decision-making authority granted to the mother, arguing in part that the court should have awarded equal time or the standard possession schedule.

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TiStock-637904234exas 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 appoint one of them, considering the circumstances and child’s best interest.  If no grandparent seeks guardianship, then the court will appoint the next of kin, considering the circumstances and the child’s best interests if there are multiple people with the same degree of kinship.  Tex. Est. Code Ann. § 1104.052.  A minor who is at least 12 years old may be able to select a guardian, if the court finds the selection is in the child’s best interest and approves.  Tex. Est. Code Ann. § 1104.054.

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Are you currently serving in the military or know someone who is?  Texas is home to one of the largest populations of active military members in the nation.  As such, the Texas Family Code has specific statutes that address the unique issues facing our military members in the family law context.

For instance, what happens if you have primary custody of a child after a divorce and you are called overseas or ordered to military duty in another state?  Texas Family Code § 153.701 states the following: Continue Reading ›

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