Archives: Children and Parenting

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How much parenting time do Dad’s get in Texas versus other states?

I read an interesting study performed by Custody Xchange about parenting time state-by-state. (See How much custody time does dad get in your state?) Bottom line, their study showed that nationally a father is likely to receive on average 35% of time with a child by court order. Interestingly, 40% of states – 20 out … Continue Reading

Blake Griffin’s child support and reason #1,522 not to live in California

Reports surfaced today that pro-NBA player Blake Griffin has reached a settlement deal with his ex-girlfriend Brynn Cameron to pay child support of $258,000 PER MONTH for their two children. (See reports here from TotalProSports and here from TMZ.) The lawsuit, pending in California, alleges that Griffin ousted Cameron and the kids from his mansion … Continue Reading

Significant Impairment Standard Applies When the Primary Conservator Seeks to Vacate a Geographic Restriction Within One Year

Subsection (a) of Texas Family Code section 156.102, entitled “Modification of Exclusive Right to Determine Primary Residence of Child Within One Year of Order,” provides: “If a suit seeking to modify the designation of the person having the exclusive right to designate the primary residence of a child is filed not later than one year … Continue Reading

Distinction between Military Deployment and Military Station

The Texas Family code provides special provisions regarding parenting time and access to children when the military parent is deployed. Military deployment is not the same as a change of duty station (“PCS”). Deployment begins with the physical movement of individuals and units from their home installation to the designated theater of operations. One of … Continue Reading

Three’s a crowd: The latest Texas Supreme Court ruling and its effect on non-parent standing

Joe and Sue are down on their luck. Joe just lost his job and Sue has health issues. Along with their four-year-old child, Betsy, they move in with Joe’s parents, who are retired. For months, Joe interviews all over town while working odd-jobs to try to supplement his family income and pay for Sue’s medical … Continue Reading

When can a nonparent file suit for custody?

ATTENTION PARENTS!  The Texas Supreme Court recently delivered a split 5-4 opinion that is bound to raise eyebrows. The only issue presented is whether a nonparent, like a grandparent or step-parent, has standing under the Family Code to file a suit seeking custody of a child. But, the longstanding implications of this case might force … Continue Reading

A place to look for hidden money

I read an article in the Fall 2017 Family Lawyer Magazine (yes, I’m behind on my reading pile) that talks about away to hide income – at the IRS. Husband owed wife spousal support, which was calculated on his actual net income. After receiving a raise, Husband increased his federal withholding taxes above the amount … Continue Reading

When can private school tuition be ordered?

The Texas Family Code awards child support based on the monthly net resources of the obligor.  Tex. Fam. Code §§154.125-.126.  The calculation of net resources includes 100 percent of all wages and salary income and other compensation for personal services (including commissions, overtime pay, tips and bonuses).  Tex. Fam. Code §154.062(b)(1). The Texas Family code … Continue Reading

Texas Child Support 101: The Basics of Net Resources+ PART TWO

This is part 2 in a two-part series on the basics of net resources for calculation of child support. Deemed Income Deemed Income is a term we get from Texas Family Code Section 154.067: “Deemed Income (a)        When appropriate, in order to determine the net resources available for child support, the court may assign … Continue Reading

Texas Child Support 101: The Basics of Net Resources PART 1

This is Part 1 in a two-part series on the basics of net resources for the calculation of child support. To calculate current child support, courts must (1) determine the amount of the obligor’s income available for support (“net resources”), apply the child-support guidelines to the obligor’s net resources to determine guideline support, and (3) … Continue Reading

Controversial subject: noncustodial parent possession over an infant

Arizona State University has weighed in on a controversial subject – the quantity and quality of access of a noncustodial father to an infant child. “New research from Arizona State University shows that children, no matter what their age, benefit from having time with each parent that includes sleepovers at each home,” the article says. … Continue Reading

The Push for Father’s Equality

There is a bill pending before the Texas Legislature right now to create a presumption of equality between mothers and fathers in spending parenting time with their children after they separate. (2017 TX HB453) Other states have passed similar legislation in recent years. For many years, there was a legal presumption that favored mothers to … Continue Reading

Tips for fathers in Dallas Texas custody disputes

What does a father do when a custody battle looms? The answer is NOT “nothing”. Divorce changes the roles for everyone, especially in traditional families. So fathers who may have relied on the children’s mother to take on certain roles must learn to be involved in those activities as well. Where once the father may … Continue Reading

Do the 12 divorce myths apply in Texas? (part 2)

This post is a continuation of the discussion about the 12 Top Divorce Myths. Here’s the link to part one: Do the 12 divorce myths apply in Texas? Myth 7: You can avoid paying child support. Child support is a mandatory order in Texas and must be ordered absent extreme circumstances. If you are ordered to … Continue Reading

Do the 12 divorce myths apply in Texas? (part 1)

Do the 12 divorce myths apply in Texas? The Huffington Post ran an article recently about the 12 Top Divorce Myths. The article was written by Daniel Clement, renowned divorce lawyer in New York, and they all hold true in Texas divorces as well. My favorite myth is #8. Read on to learn why. Myth … Continue Reading
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