Recent Posts in Possession and Access Category

Co parenting when you and your children live in different states

Whether you have moved at the time of your divorce or after you’ve modified a custody order, it is a challenge to parent your children from across state lines. I have seen many clients of the ...
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Challenging a paternity finding in Texas

The law in the state of Texas is that a man is legally presumed to be the father of any child that is born to his wife either during the course of their marriage or before the 301 st day after the ...
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Do Texas fathers have a chance to win primary custody of their child in a divorce?

Probably the most commonly encountered stereotype that clients have when it comes to the family courts in Texas is that fathers stand no chance of winning primary custody of their child in a divorce ...
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What to expect in a Temporary Orders hearing in Texas

Temporary Orders hearings can arise in many different family law cases in Texas Courts. Whether you are going through a divorce or child custody case a temporary orders hearing occurs typically within ...
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What can happen when you ask the Judge to talk to your teenager during a divorce

In a divorce or child custody case in Texas any child under the age of eighteen is covered by the conservatorship, possession, access and visitation sections in a Court’s order. It is the ...
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What sets a Texas Family Law case apart from other civil cases?

For those of you who are not experienced with legal cases you may be wondering what sets family law cases apart from other areas of law. Having worked with clients across Southeast Texas in courts ...
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Child Protective Services: Investigation Essentials for Texas Families

Protecting the health and well being of children in Texas is the mission of Child Protective Services (CPS) . As a branch of the Texas Department of Family and Protective Services (TDFPS) , CPS ...
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Conservatorship in a Texas Divorce

A common first question for an attorney with the Law Office of Bryan Fagan to ask a potential client in a consultation is what they would like to see happen in a best-case scenario. A common response ...
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The Role of an Amicus Attorney in a Texas Divorce Case

A divorce is a difficult situation for any two people to have to go through. When children are added to the divorce equation the difficulty and anxiety associated with the process grows exponentially. ...
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Getting Drug Tested in a Texas Divorce

An Order can come from a court in Texas that mandates each party to a divorce to be drug tested for many reasons. Among the reasons why a parent may lose the right to have as much possession and ...
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Do I have to bring Evidence to a Default Judgment Hearing in Texas?

In addition to the concerns that most people have that are going through a divorce, or contemplating the steps of a divorce in Texas, are procedural steps that must be met in order for the divorce to ...
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Divorce and Special Needs Children in Texas Revisited

Divorces are difficult on all members of the family no matter the circumstances. However, if a child has a disability of some sort this can lead to additional problems that need to be solved by the ...
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Can I get Child Support for my Adult Child in Texas?

Recently I had a consult with a potential client who was inquiring about modifying a child support order. This is a very common occurrence over the course of a child’s life and something we see ...
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Know How Children's Issues are Handled When Preparing for Your Texas Divorce

Children’s issues can be some of the most hard fought and contentious parts of a Texas divorce. It is not uncommon for parents going through a divorce not to care about anything but the ...
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What to Do When CPS Asks for a Drug Test in Texas

Quite frequently I get the call from potential clients when they have come under the radar of CPS after someone has placed an anonymous call to the Texas Department of Family and Protective Services. ...
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The Holidays During Your Texas Divorce?

As the old adage goes: you can pick your friends, but you can't pick your family. This is true to a great extent, however, any person who's going through a divorce can tell you that your spouse can ...
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Supervised Visitation in a Texas Divorce: Can it happen to me?

The general position of the State of Texas, its courts and its legislature is that parents should be able to have fulfilling relationships with their children. This means being able to not only share ...
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Fathers' Rights: Children Born Out of Wedlock in Texas?

It is a weekly if not a daily occurrence that fathers reach out to us to find out what their rights are in Texas in regards to their children. In the state of Texas, family law protects a ...
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Can I get sole custody of my kid in Texas?

A very common question that clients ask when beginning the process of a divorce or a child custody suit is: “Can I receive sole custody of my child?” However, this can be a difficult ...
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The Divorce Temporary Orders Guide

What occurs between filing and finalizing a divorce case in Texas? One of the biggest concerns spouses have after filing for divorce is, “What happens now?” It is vital for you to fully ...
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15 Quick Tips Regarding Filing for Divorce in Texas

The next step after hiring a divorce lawyer, is to initiate a divorce in Texas by filing for divorce. A Texas divorce filings often includes the following two documents: An Original Petition for ...
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Mom Versus Dad Who Gets the rights? - Custodial Rights Vs. Non-Custodial Rights in Texas

Who gets the rights to the child? In a typical Texas Divorce, the parents of a child will either agree to dividing up the rights and duties each party has or a Court will order a division for them. ...
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