The 2nd Court of Appeals in Fort Worth issued a very important opinion today in a big win for O’Neil Wysocki’s appellate team on Michelle O’Neil and Karri Bertrand. The underlying order awarded Father the exclusive right to determine the children’s primary residence without regard to geographic restriction and gave each parent the independent right … Continue Reading
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
Where a change of circumstances is anticipated by the parties prior to entry of an order, such change does not rise to a “material and substantial change of circumstances to support modification”. The First District Court of Appeals confirmed this in their recent holding in Smith v. Karanja. Smith v. Karanja, 2018 WL 761905 (Tex. … Continue Reading
When filing a modification suit regarding children and seeking temporary orders to change the designation of the person who has the exclusive right to designate the primary residence of the child, a new law requires that an affidavit be filed with the initial pleading setting out the grounds for the request. This law went into … Continue Reading
Children grow and change over time, as do parents. People not only get older, but change jobs, remarry, divorce, sell houses, buy houses, have problems, and successes. Change is inevitable…. right? But, how does change effect children and custody orders? The Texas Family Code allows custody orders to be modified until the child turns 18. … Continue Reading
