Search Our Site

How do you know if child custody will be an issue in your case? Custody proceedings are part of every family law matter involving children. Parenting issues can arise out of a couple’s divorce, separation, annulment, or following an establishment of ...

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 (UCCJEA). When a court has jurisdiction over a case that ...

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 aware of but have not had occasion to deal with. ...

Each month I have a consult with at least one parent who has questions regarding their ex who has taken the kids and is refusing to return them. One the questions I get is, “How do I protect myself and my children from my ex-spouse violating the ...

The Law Office of Bryan Fagan, PLLC recently had a client who had an interesting, albeit frustrating situation on his hands. This gentleman had lived, been married and had children in Texas. He and his wife raised their family here in Texas. Both our ...

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 has been living with a relative in another state ...

In Texas in its simplest form a divorce terminates a marriage giving a married couple the legal right to marry another person. What many people do not know is that a divorce is a lawsuit that does more than end a marriage. A Texas Divorce takes care ...

When parents walk into the Law Office of Bryan Fagan, PLLC 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 able to spend with their child. This is ...

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 divorce cases. The wife was living in Texas and ...

Many of my potential clients are concerned with filing first in their Texas divorce case . Many of them have the impression that if they are not the first to file, they will be at a disadvantage in their case. In many cases this is generally not the ...

The Federal laws that cover the division of military retirement pay in Texas divorces is known as the Uniformed Services Former Spouses Protection Act (USFSPA). It allows Texas family law courts to have the ability to treat retirement pay for ...

If you have gone to a family law court in Texas and had an order issued from the judge that relates to child support (known as an Order in Suit Affecting Parent-Child Relationship ( SAPCR ) then that court will continue to have jurisdiction to change ...

Because of the special circumstances surrounding Native American children, the Indian Child Welfare Act (ICWA) was created in 1978. The Act requires child welfare organizations across the nation, including Child Protective Services ( CPS ) in Texas, ...

Otherwise known as a Magistrate’s Order of Emergency Protection, an emergency protective order must contain the following information no matter what your particular circumstances are. As we discussed yesterday, a judge must note that if the person ...

Can you get divorced in Texas if you were married in another state? The answer to this question is yes, if you or your spouse qualify as residents in Texas and the state has jurisdiction over your case. To qualify as a resident of Texas you must have ...

The Texas child custody process can be a confusing, emotional, and stressful maze to navigate. It does not help that the laws concerning child custody and divorce vary by state. This blog article is intended to help answer many of the important ...

Texas is a big state. Texas is a state with a lot of people living here. Stop me before I tell you something you already knew. Fort Hood is one of the largest military installations in the country. Lackland Air Force Base in San Antonio is the site ...

As a Houston, Texas divorce lawyer I have had the opportunity to help service members through a military divorce and family law cases . One the things that my clients are often concerned about is getting a service member served with the paperwork. ...

I have seen spouses use the trick of moving out of the state with the children very effectively to the detriment of the other spouse during a Texas divorce . However, in some cases, this move can backfire and a judge will grant custody of the ...

You have managed to file for a modification of a prior child custody order, you’ve gotten your ex-spouse served and are ready to move on to phase two of your case when you get the impression (for one reason or another) that you may want to move your ...

A divorce is like many things that we want to achieve in our lives. We know where we currently are and we know what the goal is. The part we are often unsure of is how to actually get there. When you get to a stage in your marriage and you know that ...

This article addresses what to do after you have been served with divorce papers in Harris and Montgomery County in Texas. Step 1 – What are the Divorce Documents? At the very least you likely have been served with least two documents: the Original ...

At The Law Office of Bryan Fagan, PLLC, we recently received a phone call from the spouse of an active duty member of our armed services. She, her husband and their children are stationed in Europe currently and unfortunately the phone call pertained ...

Unfortunately, there are family law cases that involve one parent making allegations of substance abuse against the other parent. In some scenarios these allegations are just that- allegations- and no evidence exists in order to substantiate them. ...

If you are the nonbiological parent to a child you should want to look for ways to legalize your relationship with your child in order to protect your rights. As a Lesbian, Gay, Bisexual or Transgender (LGBT) parent, adoption is the most logical and ...