More often than not when it comes to a family suit involving children, who has primary custody of them is the most contested and important issue to my clients. Which makes sense as their property can be replaced but their children cannot. Sometimes parents can work together well after divorce and can take care of
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…
This post is another in my Super Simple FAQs in Texas divorce laws.
How to get custody in Texas?
Custody in Texas is a loose term — the legal term is conservatorship. Conservatorship in Texas refers to the legal and physical relationship of each parent to a child.…
Parents who are not together any more or who are divorcing argue. Sometimes that arguing spills over in front of the child. But, it’s not okay to argue in front of the child. It’s not okay to call the other parent names in front of the child.
But, even when parents fight where the kids …
On March 12, 2013, the Texas jury in the Deion and Pilar Sanders divorce ruled that Deion Sanders would have Sole Managing Conservatorship…
Continue Reading Breaking Down the Sanders Divorce: Conservatorship in Texas
When a suit for modification of issues related to conservatorship is filed, temporary orders may only be granted in certain situations provided by statute. For example, a court may not change custody (primary right to determine domicile in joint managing conservatorship) unless…
Continue Reading Temporary Orders in Modification Cannot Change Custody
The Fathers’ Rights movement is grounded in constitutional rights and imperatives. It has grown out of the very real changes in men’s traditional roles in Western society, and the current generation’s more egalitarian attitude towards shared parenting, which has resulted in gender neutral custody laws in virtually every state of the United States.
Continue Reading Fathers Really Do Have Rights
In my previous post I talked about the various terms used in Texas courts regarding child custody. I also stated that the best interest of the child is the first priority for any Texas court presented in a conservatorship and/or possession determination. In this post, I’ll continue our discussion by looking at the factors courts consider in determining what is in the best interest of a child (i.e., the Holly Factors).
Continue Reading So you want sole custody?? Part Two
As a Dallas divorce lawyer, I frequently have clients that come into my office wanting “sole custody.” Custody is a term that means different things to different people. In this series of blog posts, I’ll explain how “custody” is determined in Texas. The first post in this series will define the words Texas courts use in determining custody issues.
Continue Reading So you want sole custody?? Part One
In a recent opinion by the Dallas Court of Appeals, the court held the trial judge did not err when he did not apply a domestic violence presumption in assessing child custody and did not record an interview with a child in the office outside the court room. In the Interest of S.E.K. & H.A.K., No. 05-08-00858-CV, — S.W.3d — (Tex. App. – Dallas, Aug. 28, 2009).
Continue Reading Standards to modify custody.