Blog Posts: Child Custody
Can a child decide who has primary custody?
September 8, 2024Understanding a Child’s Conference with a Judge in Chambers under the Texas Family Code The Texas Family Code provides specific mechanisms for ensuring that a child’s preferences as to where they primarily reside and their visitation with each parent can be considered in child custody proceedings. One such mechanism is the process of a child… More
Taking and Using Depositions in Divorce and Custody Cases
July 10, 2024Depositions are a powerful tool in Texas family law cases, providing a means to gather detailed information and testimony from opposing parties and witnesses. Understanding how to effectively use depositions can significantly impact the outcome of your case. More
Possession Schedules for Children under Three – When Standard Possession is no longer standard
July 6, 2024In the realm of family law, few things are as delicate and crucial as determining possession schedules for infants and toddlers. In Texas, like in many states, these schedules are meticulously designed to prioritize the best interests of the child while considering the unique needs of very young children and their parents. More
What is the role of an Amicus Attorney?
July 5, 2024Navigating the complexities of family law can be a challenging journey, especially when it involves sensitive matters such as child custody, visitation rights, and the best interests of the child. In Texas, one important figure in these proceedings can be an Amicus Attorney. More
Venue – Texas is a big state… Where do I file my divorce or custody lawsuit?
July 5, 2024In Texas family law cases, determining the appropriate venue—or the county where a legal action should be filed—can significantly impact the outcome of proceedings related to divorce, child custody, support, and other familial matters. Understanding how venue choice is litigated and the factors influencing this decision is crucial for anyone navigating the complexities of family law in Texas. More
What does it take to modify primary custody in Texas?
July 5, 2024In Texas family law, circumstances can change over time, necessitating modifications to custody arrangements that reflect the best interests of the child. Whether you're seeking to modify primary custody or defending against such a modification, understanding the process and requirements under Texas law is crucial. More
What is “Significant Impairment” and how do I prove Significant Impairment it in Court?
July 5, 2024Understanding the Significant Impairment Burden in Texas Family Law In Texas family law, the most common burden (legal standard applied to the Judge’s decision) in custody cases is simply the “best interests of the child.” However, in special circumstances, the Courts must apply a more difficult burden known as “Significant Impairment.” Significant Impairment is a… More
Understanding Possession Schedules in Texas Family Law
July 5, 2024– What will my possession schedule look like on the calendar? – Understanding Possession Schedules in Texas Family Law In Texas, possession schedules (also known as visitation schedules) determine when each parent will have time with their children after a separation or divorce. The Texas Family Code provides several standard possession schedules that are centered… More
Jurisdiction Issues and the UCCJEA – Where should my custody case even take place?
July 4, 2024Child Custody Across State Lines: Understanding the UCCJEA and Jurisdiction In the realm of family law, particularly when dealing with child custody issues across state lines, clarity and consistency in jurisdictional rules are crucial. Texas, like many other states in the United States, adheres to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to… More
The Hague Convention and International Child Abduction
July 4, 2024Navigating International Child Abduction Cases in Texas: Understanding the Hague Convention In our interconnected world, international relationships and marriages are increasingly common. However, when these relationships break down and children are involved, issues of child custody and sometimes child abduction can immerge. This is where the Hague Convention on the Civil Aspects of International Child… More
Parental Alienation – What is it, and how do you stop it?
July 4, 2024Understanding Parental Alienation in Texas Parental alienation is a term used to describe a situation where one parent attempts to undermine the child’s relationship with the other parent, resulting in emotional and psychological harm to the child and to the child’s relationship to the other parent. In Texas, as in many other states, family courts… More
High Conflict Parenting – Does it really have to be this hard?
July 4, 2024High Conflict Parenting in Texas Family Law Parenting is a challenging task in the best of circumstances, but when parents are in conflict (and often when facing a divorce or child custody lawsuit), it can become even more complex and emotionally taxing. High conflict parenting is a term used to describe situations where parents frequently… More
Understanding Geographic Restrictions on the Primary Residence
July 4, 2024Introduction In Texas family law, one of the critical issues during and after a divorce or custody suit involving children is the establishment of a geographic restriction on residence. This restriction determines where a child can live, and plays a crucial role in maintaining stability and continuity in the child’s life. What Are Geographic Restrictions?… More
50/50 Possession Schedules
April 4, 2020What is a “50/50” and how does it work? A fifty-fifty possession schedule is exactly what it sounds like: a schedule where both parents have equal time with their kids. However, there are several different ways a 50/50 can be accomplished: Week on/Week off This is the easiest to understand in terms of scheduling. Parent… More