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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 ...

We left off in yesterday’s blog post from the Law Office of Bryan Fagan, PLLC by discussing issues related to how a court in Texas can enforce a child support order against your ex-spouse when he does not live in Texas any longer. A majority of the ...

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. ...

In yesterday’s blog post from the Law Office of Bryan Fagan, PLLC we have discussed what you can do if you find yourself on the receiving end of a family lawsuit of any kind. Whether it is a divorce or child custody case you need to know what to do, ...

It has become a trend in recent years for courts in southeast Texas to mandate that parties must attend at least one session of mediation (and likely more) before they ever are able to have their case presented in front of a judge during a trial. As ...

Jurisdiction refers to the concept of one court having the ability to hear a case that one party has brought against another. There are some basic jurisdictional requirements that must be in place for a court to hear a Texas family law case. ...

Houston is an international city. No, you’re not reading a blog from the Houston Chamber of Commerce. That is the sort of statement you would hear trumpeted as a means to entice people from other parts of the country and the world to invest in our ...

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 ...

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 ...

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 ...

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 ...

Just because you and your spouse reside in Texas does not mean that it is only the Lone Star State whose laws could conceivably apply to your divorce . Rather, if you and your spouse have resided together in another state or country, or one of you ...

Many people are under the impression that filing first in a divorce will put you at an advantage over your spouse. This is generally not true but there are some reasons a person should consider when pushing to be the first to file in a divorce. The ...

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 ...

What court will hear issues about your child in relation to an international divorce? There is a great deal of uncertainty associated with divorce . For starters, you have no idea how long your case could last. You've probably heard horror stories ...

For most married people, the first time that they get involved in a family law case in Texas is when one spouse files for divorce . However, it does happen from time to time that you may already have court orders in place from prior child custody or ...

Many people are under the impression that filing first in a divorce will put you at an advantage over your spouse. This is generally not true but there are some reasons a person should consider when pushing to be the first to file in a divorce. 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 ...

Are you or your spouse living outside of the United States currently? Were you married in another country and are now residing in the United States? Texas, and Houston specifically, is home to many international residents. If you count yourself among ...

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 ...