legal blog

What does “sole custody” mean? It probably depends on who you ask. When some clients use the term, they mean only that they want to have physical custody of their child a majority of the time. For others, it means a type of custody in which the other parent’s rights are severely restricted or even terminated. This confusion may be, in part, because “sole custody” isn’t a legal term - at least, not in Texas. Instead, the Texas Family Code uses the term “conservatorship” to ref

Temporary Orders can be agreed to or requested when a divorce case is pending or in a modification suit. Many provisions can appear in Temporary Orders including provisions detailing the rights and duties of the parties, provisions for care and support of children, and even provisions outlining payment obligations. A common Temporary Order issued when a spouse files for divorce is a temporary restraining order. A temporary restraining order is typically issued to preserve

In the past, when making child custody determinations, courts frequently awarded custody of a child to mothers by default due to the mistaken belief that moms were better equipped than fathers to raise children. Today, however, a Texas father's rights are protected by the Texas Family Code. Courts in child custody cases are required to do what is in the best interest of the child, and research shows that means having a healthy parent-child relationship with both parents. Cou

When a married Texas couple divorces, the Court is responsible for dividing any community property between the former spouses in a “just and right” manner. Though that can result in a 50-50 split between the spouses, that is far from required. In fact, a just and right division can just as easily result in one spouse receiving a disproportionate share of the property. Generally speaking, the trial judge has wide latitude and discretion in awarding marital assets . If it bel

Temporary restraining orders may be issued by the court in a divorce or in a suit affecting children. Temporary restraining orders may be issued if a party asks for one or if the court determines it is necessary. If a party violates the terms of a temporary restraining order, the violation is punishable by contempt, meaning that jail time is possible. Temporary restraining orders typically expire on the date of the temporary orders hearing (if within 14 days) unless they ar