Recent Posts in Texas Family Code Category

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What happens if I file for divorce in Texas but my child lives somewhere else?

Say that you and/or your spouse have resided in Texas for the past six months (sufficient for the state to have jurisdiction over your divorce) and you have filed for divorce here. However, your child ...
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Child custody for children under three in Texas

If you’re a father with a baby at home and are going through a divorce it’s likely that you have questions regarding how much time you’re going to be able to have with your child ...
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The United States Supreme Court Answers a Question about Military Retirement Benefits

In May 2017, the Supreme Court of the United States ruled upon an issue that has to do with how military retirement is decided in a military divorce. The case is called Howell v. Howell and in its ...
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How to raise or lower your monthly child support obligation in Texas

When parents go to court and have a child support order established, either through a divorce or child custody case, that order will take into account the number of children an obligor (the parent who ...
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Can I Still get Child Support After the Paying Spouse Dies in Texas?

Recently, a prior client who I had represented in her divorce came in to discuss some recent developments in her case. Her questions caused me to look into an area of child support law that I was ...
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If I date a sex offender after I get divorced will I get to see my kids?

In a perfect world, people would get married, have kids and stay together until they’ve got more great grandkids than they do teeth. Unfortunately, we don’t live in a perfect world and ...
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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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Where in the world did I file this case? Jurisdiction in Child Custody Cases

The set of laws that sets the standard in the United States for determining what state has jurisdiction over a child custody matter is the Uniform Child Custody Jurisdiction and Enforcement Act ...
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Paternity Law Essentials for Texas Families

When a child is born in Texas and his or her parents are not married there the child will not have a legal father. Of course, the child has an actual father but that biological father must complete ...
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Child Support Enforcement Defense - Act Sooner Rather than Later

We have written several articles on why it is a good idea to pay your child support. We also have written articles on why ignoring a child support agreement or making an informal agreement with the ...
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I Am Already Divorced. Can My Ex Divorce Me in Another State?

Recently, a friend and fellow attorney asked me some questions regarding one of his cases. He was representing the husband in a divorce case. The facts were a little unusual in that they had competing ...
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Protective Orders in Texas Family Law Cases

In order to prevent the abuse of a child or other family member a Protective Order can be issued by a Court. Clients of the Law Office of Bryan Fagan walk into consultations with our attorneys with ...
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Undisclosed Assets in a Texas Divorce

The Houston divorce attorneys at the Law Office of Bryan Fagan work as hard as possible to uncover any hidden assets or money that an opposing party may be attempting to hide from one of our clients. ...
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Common Law Marriage in Texas

The State of Texas is among those States that does recognize common law marriages. There is a legal standard that the relationship has to meet in order to be considered a common law marriage, however. ...
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Termination of Parental Rights and an MSA in Texas

A while back, a friend and fellow attorney had asked me some questions regarding terminating parental rights on a father. My friend’s potential client, the father, had a one-night stand that ...
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The Dirty Trick of Spousal Spying in a Texas Divorce

Our office has had to deal with cases where one party suspects their spouse, rightly or wrongly, of having an affair. They have seen signs: staying out late at night, giving vague information about ...
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Involuntary Termination of Parental Rights in Texas

Something our office gets a lot of questions regarding is the termination of parental rights. Many of these questions are from fathers who do not want to pay child support. I generally have to tell ...
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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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How to Calculate Net Resources for Child Support payments

Different people earn their incomes in different manners. At the Law Office of Bryan Fagan, we have clients who are a salaried employee working for a major corporation. Others work as hourly employees ...
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Establishing paternity upon the birth of a child in Texas

When two married people have a child, it is presumed that the father of the child is the mother’s husband. For that presumption to be rebutted, evidence to the contrary must be produced for a ...
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Confidentiality Laws in a Texas Divorce

Most civil cases in Texas are open records, meaning that the filings made into the case by either party or the Court itself are viewable by the public. While this may seem invasive at first, the ...
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Child Custody Basics for Texas Parents Revisited

When parents walk into the Law Office of Bryan Fagan for a consultation with one of our family law attorneys, the subject will invariably turn to how they can maximize the amount of time that they are ...
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Why are Retirement Funds Important in a Texas Divorce?

When parties enter into divorce proceedings in Texas it is not only the children, the house and their bank accounts that are issue- it’s also their retirement accounts. The Houston divorce ...
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Can my Texas Driver's License Be Suspended for Not paying Child Support?

Chapter 232 of the Texas Family Code has the answer to the question of whether a person can have their Driver’s License suspended for failure to pay child support. In short, yes, your ...
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Are Dads at a Disadvantage when trying to win 50/50 custody in a Texas Divorce?

Family Courts in Texas have a reputation as being “pro-Mom” in that most people believe (rightly or wrongly) that if their divorce or child custody case proceeds to go in front of a judge, ...
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