What is a temporary restraining order (TRO)? A temporary restraining order is used to preserve the status quo in a case by restraining a party from doing something or preventing them from doing something. It is common for a parent to ask the court to protect the children in a case, and ask that the…

CAN A CHILD OVER 12 DECIDE WHICH PARENT THEY WANT TO LIVE WITH? The preference of your children cannot determine where they will live. That said, if your children are a little older and more mature, their preference might be considered. Ultimately, if their preference does not serve their best interests, a judge will not…

Holiday Visitation with Your Children: Texas Family Code Christmas Possession Schedule Now is the time to start working on your Holiday Schedule for visitation with your children during this wonderful time of year! Here is a reminder of the current Texas Family Law Code’s Standard Possession Order for Christmas: The following provisions govern possession of the child…

POSSIBLE TROUBLE RENEWING YOUR TEXAS DRIVERS LICENSE IF YOU OWE CHILD SUPPORT The court or Title IV-D agency may stay an order suspending a license conditioned on the individual’s compliance with: A reasonable repayment schedule that is incorporated in the orderThe requirements of a reissued and delivered subpoenaThe requirements of any court order pertaining to…

10 MOST COMMON CHILD SUPPORT MISCONCEPTIONS IN TEXAS If you are involved in any type of dispute involving child support in Texas you have probably been given advice from well-meaning family and friends about what your options and rights are. Unfortunately, some advice that may have been accurate in the past may not be accurate…

Texas law includes provisions for common law or “informal marriages” that have not been formally certified by the state. These informal marriages, once proven, carry the same rights and responsibilities of formal marriage. ELEMENTS OF A TEXAS COMMON LAW MARRIAGE An informal marriage in Texas is a legal marriage but one that exists without the…

UNDERSTANDING CHILD SUPPORT IN TEXAS Factors That Determine Child Support In Texas, the parent that makes the child support payment depends on which parent has physical custody. Typically, this means the custodial parent or the parent who spends the most amount of time with the child will receive support payments. Texas law has a statutory…

TEXAS CHILD SUPPORT MODIFICATION (WITHIN 3 YEARS) To increase or decrease payments there are specific requirements that must be met to modify a previous child support order. The requirements necessary to modify a prior child support order are: The circumstances of the child or an affected party have materially and substantially changed; orThree years have elapsed since…

DOES “JOINT MANAGING CONSERVATOR” = “JOINT CUSTODY” The term “joint custody” is NOT a term that has legal significance under the Texas Family Code. The language in the family code that does use the word “joint” is “joint managing conservator,” and that doesn’t mean what most people think it means. This blog post is going…

It seems many case involving children there has been the issue of equal (50/50) possession. The Texas Family Code does not address child support and equal possession. Child Support is only provided for in the Family Code if one parent has a standard, or “expanded”, possession Order and the other parent has the rest of…

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