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In Texas, child custody decisions will be made by a court based on the best interests of the child. A Texas court will presume that joint legal custody will be best unless one parent can prove otherwise. A court will consider many factors in deciding primary physical custody, including: The history of contact between the parent and child The relationship between each parent and the child The health, safety, and welfare of the child The health of the parents Where the parents live How close the parents live to each other Each parents finances Any child abuse In Holley v. Adams—a case…Read More

Motion To Transfer, How Do I Transfer My Case From One District Court To Another Court? It depends. For The Same County When you need to transfer your case to a different county, you file a Motion to Transfer with Order for Motion to Transfer. These two documents are important. You must explain to the Court in your Motion why you are asking for a transfer. One example for requesting a transfer is when a child is no longer a resident of a particular county where the current case is pending and the other court is a better venue. Another example…Read More

What Is An Acknowledgment Of Paternity (AOP)? You have probably seen the show, “Maury Show” where dads find out whether or not they are the biological father of a child. Acknowledgment AOP is a form that a dad can fill out and submit to the Bureau of Vital Statistics. When you sign that form, you accept that you ARE the father of a child. Another way to establish paternity is to sign the birth certificate. The Texas Family Code has a separate section for paternity, also known as the Uniform Parentage Act. Section 160.201(B) states: (b) The father-child relationship is…Read More

There Is A Difference Between Retroactive Child Support And Arrears What is the difference? Well, let’s first take a look at retroactive child support. Retroactive Child Support It is as simple as the word. “Retro” is short for ‘retrograde’ which means backward” or “behind”. When a judge orders retroactive child support, she is ordering you to START making a certain payment for a period of time in a child’s life that you did not financially support him or her. For example, the custodial parent may ask the court that you should pay child support ($500) from the date of separation. So, if…Read More

Can I Disenroll My Child From School Without The Other Parent’s Permission? This was a good question from a concerned parents. The circumstances are unknown. She posted the question on Avvo, wondering if she can remove her high school son from school without Dad’s permission. They both have joint custody of the child. Perhaps, the child is being bullied; or maybe Mom has a better job offer and wants to relocate. Other times, a parent may find a better educational opportunity for the child and decide to change schools. Here is my answer to the question above. Disenroll without other conservator’s consent? It…Read More

Waiver of Service – what you need to know. A waiver of service in a divorce case waives your right to be served with the divorce papers. Simple. There are other statements in a waiver. For example, in the waiver, you can waive your right to object to an Associate judge. Also, you can decide whether or not you want to receive notice of hearings. If you don’t want the divorce papers, you can still choose to get notice. This is especially important if you don’t want the court to make decisions on your behalf. Waiver of service is a good option…Read More

What Is Geo-Restriction Or Geographical Restriction? This is a common question during a suit affecting parent-child relationship. Generally during custody cases, parents want to know why they are restricted. The Texas Family Code allows for a parent to be restricted to a certain county. Does that mean I can move? Yes, but within certain distance and count(ies). Can I travel? Yes (see your Order/Decree). Can I travel with my child? It depends. The questions surrounding geographical restriction depends on your Order or Decree. Typically, the parent with primary custody is restricted to a county. However, the rule of thumb is 100 miles…Read More

Is A Court Order Important? The easy answer is yes. The follow up question is “When does the court order take effect? There are three dates to keep in mind: the date of your hearing, the date Judge signed your Order, and the date the clerk entered your document into the court system. What does ‘rendered’ means? It means the date the document “became official.” However, this does not mean a document is not legally binding or enforceable. Remember the three dates I told you to keep in mind? Here is the breakdown: The date of your hearing: date of…Read More

Physical Custody And Legal Custody – What Is The Difference? When you appear before the judge, you need to know your rights as a parent. Physical custody is different from legal custody. The main difference is that physical custody is about physical possession while legal custody is about a parent’s rights and duties. Also, physical custody deals with whom the child lives with. This usually falls into a parent’s period of possession. In Texas, the most common possession order is called Standard Possession Order (SPO). In this type of Order, the parent who does not decide where the child lives may…Read More

What Is The Purpose Of Creating Laws On The Marriage Relationship? Every marriage is a contract. In the state of Texas, the Family Code has statutes that govern the marriage relationship. There is a public policy of marriage; the court presumes that a marriage is valid (proper or correct), but there are few exceptions. Every Marriage Presumed Valid In order to promote the public health and welfare and to provide the necessary records, this code specifies detailed rules to be followed in establishing the marriage relationship. However, in order to provide stability for those entering into the marriage relationship in…Read More