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Articles Posted in Custody

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What is the law on terminating parental rights in Texas?

The involuntary termination of parental rights implicates fundamental constitutional rights. Holick v. Smith, 685 S.W.2d 18, 20 (Tex. 1985). To terminate parental rights, the trier of fact must find, by clear and convincing evidence, that the parent has committed one of the acts prohibited under section 161.001(1) of the Texas…

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What happens if I fail a drug test in a child custody case?

If there is an allegation that either you or the other parent is abusing an illegal controlled substance, then a drug test can be requested. Typically, the testing will occur with Forensic DNA & Drug Testing facility in Dallas and if requested by either party, then the court will order…

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Can the court order me to pay attorney’s fees in a suit affecting the parent-child relationship?

The court in your family law case has received a request to order you to pay attorney’s fees for the other party. Is the court allowed to do that? And if they are allowed, what kind of evidence is required to prove the amount? The Dallas Court of Appeals explored…

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Can the court change or modify a mediated settlement agreement in a family case?

When you seek to modify a mediated settlement agreement that is an original determination of parent-child relationship matters, does a trial court have to enter an order that meets the terms of the mediated agreement? The Dallas Court of Appeals considered this issue in a recent decision and found that…

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How the Courts are Affecting the Parent-Child Relationship: Recent Opinions on the Safest Choice Between Denying vs. Limiting a Parent’s Access to the Child

If you are a parent involved in a divorce with your children or in a suit affecting the parent-child relationship, you have to be careful in terms of deciding what conservatorship you ask for, or even agree to. In particular, let’s say that the other parent has a lot of…

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How the Courts are Affecting the Parent-Child Relationship: Recent Opinions on Possession and Access to Child

You’re in the midst of a divorce or suit affecting the parent-child relationship and you’re discussing the rights and duties that each parent will have with respect to the child or children. In particular, you are discussing additional ways to have “visitation” with your child outside of the standard possession…

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How the Courts are Affecting the Parent-Child Relationship: Recent Opinion on Modifying Custody in Orders Less than Year Old

It has been a few months since you’ve finalized your divorce or suit affecting the parent-child relationship and you either realize that you’re not happy with what was ordered, or the other parent hasn’t been complying with the orders. In particular, let’s say you do not like the conservatorship ordered,…

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