WHAT DOES TEXAS CONSIDER AN “UNFIT” PARENT Parents in Texas who are getting a divorce may want to become familiar with matters related to child custody. This includes understanding what an “unfit parent” may be, along with how Texas legally defines and determines who an unfit parent is. There is a broad definition of unfit…

In Texas, the parent who pays child support is referred to as the ‘obligor.’ Under state law the obligor’s child support payments will be based on several different factors, including: Net Income (Financial Resources): The most important factor in determining child support in Texas is the financial means of the obligor. The higher a non-custodial parent’s…

Child Custody Terms The State of Texas no longer officially refers to child custody as child custody but, instead, uses the term conservatorship, and there are two types of conservatorship, which include both the managing conservator and the possessory conservator. The managing conservator is the parent who has the right and responsibility to make important…

FAMILY LAW DOMESTIC VIOLENCE RESOURCES The orders to shelter-at-home have brought much uncertainty, and for some, it means being stuck at home with an abuser. If you are in an unsafe situation, please familiarize yourself with local shelters and review the resources below for more information. Please don’t hesitate to reach out with questions. Resources…

HOW TO RAISE OR LOWER CHILD SUPPORT IN TEXAS 1) Three-Year Rule There are 2 primary grounds that allow for the modification of child support in the family code. The first is what is commonly known as the “Three-Year Rule.” The Three-year rule says that you are allowed to file for a modification of your…

WHEN IS MARITAL PROPERTY “COMMUNITY PROPERTY” VS. “SEPARATE PROPERTY” IN A TEXAS DIVORCE What is “community property”?Under our current law in Texas, community property is property that is owned equally between the spouses. Whether or not “community property” exists depends on the marital relationship of the parties, when the marital relationship was created and when…

CAN I TERMINATE MY PARENTAL RIGHTS TO MY CHILD IN TEXAS? Most termination cases in Texas are of the “involuntary” genre.   Essentially,  a parent’s rights to a child are terminated under section 161 of the Texas Family Code if: A child who is born to a mother who during the pregnancy used a controlled substance, as…

GENERAL DIVORCE QUESTIONS AND PROCESS 1. What if my spouse wants a divorce even though I don’t? Fault is no longer needed for a divorce. All your spouse needs to prove is that they no longer love you or can’t live with you. The courts do not want to force someone to be in a…

Brief Overview of Virtual Hearing Procedures during COVID-19 All parties involved are sent a link to join a secure Zoom conference which is where the hearing will take place. Each party has an opportunity to speak and it operates similar to an ordinary in-person hearing. Witnesses are placed into a virtual holding room where they…

HOW TO CALCULATE AND ENFORCE CHILD SUPPORT IN TEXAS Texas Child Support Model Texas uses a percentage of income model when ordering child support. The custodial parent’s income is not calculated into the final child support amount. Rather, the Judge will look at the non-custodial parent’s financial information when determining how much child support he…

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