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Not every person has legal standing (right) to bring a lawsuit in a child custody suit. Under the Texas Family Code, there are general standing to file or initiate a suit. Who may file an original suit? Generally, there are approximately 15 criteria according to section 102.003: (1) a parent of the child; (2) the child through a representative authorized by the court; (3) a custodian or person having the right of visitation with or access to the child appointed by an order of a court of another state or country; (4) a guardian of the person or of the estate…Read More

There Are Six Grounds For Fault-Based Divorces In Texas. In the state of Texas, a spouse can file for divorce without blaming the other spouse; in other words, you can file for divorce without assigning the fault of the break up to the other person. This is also known as a divorce ‘due to discord of personalities which makes the marriage insupportable’ (“insupportability”). Insupportability, this no-fault ground is the most common reason that spouses give in divorce suits. However, there are fault grounds that a husband or wife can file. See Texas Family Code Chapter 6. Adultery – one of the…Read More

A court may order supervised visitation in a case of family violence, including child neglect or abuse. Supervised visitation means the parent committed the abuse or family violence cannot visit the child alone. Therefore, a third party must be present in the room when he or she visits the child. If the court orders supervised visitation, then it will likely appoint a professional agency capable of supervising such visit. For example, the Harris County Domestic Relations Office (HDRO) provides custody supervision for possessory conservators (i.e. the visiting parent). Only adults, a person who is 18 or above, are allowed to serve as custody…Read More

How Does Summer Or Extended Summer Period Of Possession Work In A Standard Possession Order? During the summer breaks, parents or guardians find themselves arguing over who gets to spend time with the child, when, and for how long. In a Standard Possession Order, the general (standard) boilerplate languages per the Texas Family Code read: “if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator shall have possession of the child on any one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of…Read More

What Is The Main Difference Between Informal Agreement And Mediation? Informal Agreement Informal agreement is an agreement between the parties outside of court. However, the court has discretion on the fairness of such division. In other words, if the Judge reviews the informal agreement, and it appears unfair or disproportionate, the judge can decide against it. Then, the court may order the parties to attend mediation or proceed to trial. Mediated Settlement Agreement On the other hand, mediation is a confidential, settlement option for the parties. Like an informal settlement agreement, it is also out of court. However, it must be…Read More

What Are Some Reasons To Modify A Possession Order Or Custody? Perhaps routines have changed or there is a new development for the child. If you and the co-parent have a stable relationship and communication, then you can make changes based on mutual agreement. In most Final Order, there is a statement: “in the absence of mutual agreement, the parties shall…” In other words, if the parents do not have an agreement, then they must follow the court order. But, not all co-parents get along. In fact, there are more co-parents who clash on parenting methods, time, support, and discipline.…Read More

Mediated Settlement Agreement A mediated settlement agreement, also known as MSA is a contract. It is binding on the parties once signed. If you are represented by an attorney, then your attorney must sign as well. The purpose of a mediation is for the parties to reach an agreement. Therefore, once you have signed, any of the parties can file the agreement with the court. If the parties do not reach an agreement, the mediator will call an ‘impasse’, aka a deadlock. So, What Happens If You Have Signed An MSA But Changed Your Mind The Next Day? First, the…Read More

“I want my money back!” His wife, soon to be ex-wife, shouted. Under section 3.402 of the Texas Family Code, a claim of reimbursement includes: Payment by one marital estate of the unsecured liabilities of another marital estate; Inadequate compensation for the time, toil, talent, and effort of a spouse by a business entity under the control and direction; and the recovery for personal injuries sustained by the spouse during marriage. This recovery does not include any recovery for loss of earning capacity during marriage. Presumption There is a presumption that the properties that either spouse owns when they dissolve their…Read More

In an uncontested divorce, you and your spouse agree on all of the issues in your divorce. The issues in a divorce include: Custody or conservatorship parenting or visitation schedule Child support Injunctions Spousal support Medical and Dental support Division of marital property The benefits of an uncontested divorce is that it is a quick divorce. How do you get a quick divorce and save money from attorney’s fees: agreement. Both parties to the divorce suit should decide how they want to split the properties; also, you should decide who gets to decide where your child will live and when. Do…Read More

Paternity What is paternity? Paternity means the “legal” father of a child. The topic of paternity generally comes up where two parents are not married to each other. Therefore, the alleged father of the child must establish paternity in order for him to be viewed as the legal father of the child in a court. Sometimes, parents assume that since they are the biological father, they have rights to the child. In a suit affecting parent-child relationship (SAPCR), establish paternity. How To Establish Paternity In Texas A mother has legal rights to her child because she birth the child. There is no…Read More