Articles Tagged with children

iStock-483611874If 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 parent is intentionally unemployed or underemployed.

A father recently challenged a trial court’s finding that he was intentionally unemployed or underemployed and the child-support obligation based upon that finding.

Continue Reading ›

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.

Continue Reading ›

Contact Information