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What Is Geographic Restriction? In Texas, a geographic restriction limits where the children can live. The term is generally found in a custody order. For example, a geographic restriction may state that “PETITIONER has right to designate the residence of the children within Harris county and the counties surrounding Harris County. In other words, the petitioner cannot remove the children’s residence from those particular counties. Geographic restrictions, also known as geo-restrictions are not always included in a divorce decree or child custody orders. Also, the court can order the restriction or the parties (the two parents/conservators) may agree to the…Read More

What Is Common Law Marriage (In Texas)? One of the questions people ask is “What is common law marriage?” or Does informal marriage exist in Texas? An informal marriage or common law marriage is a lawful marriage where a ceremony is not required. It is held to the same standard as a formal marriage. The follow-up question is “How do I prove that my relationship with my partner is a common-law marriage?” To prove a common law marriage, you need to show the court that: you and your partner are at least 18 years old when your marriage began, that you…Read More

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