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Articles Posted in Modification

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Divorced Father Seeks Reduction in Child Support, But Court Ultimately Orders an Increase Instead

Texas courts consider various factors when determining how to award child support in cases of divorce or paternity. Generally, a child support award is based upon the needs of the custodial parent in caring for the children, as well as the ability of the noncustodial parent to pay for support.…

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Texas Appeals Court Dismisses Child Support Case Due to Mootness

Although generally family court cases have a substantial and lasting effect on people’s lives, changes in circumstances may make some cases no longer relevant or actionable. In a recent case in a Texas child support case, a Texas appeals court found that the wife’s suit for child support modification had…

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I’m a grandparent, can I sue for visitation of my grandchild?

Can I ask a Texas Court for visitation rights for my grandchild?   Texas allows grandparents to gain court-ordered visitation of grandchildren in very limited circumstances. The reason that the statute allowing grandparent visitation is so limited is because the United States Supreme Court has decided that parents having the…

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Texas Family Code 156.101(a)(1), What is a material and substantial change?

What is a material and substantial change?   The Texas Family Code allows for a modification of a suit affecting the parent-child relationship if modification would be in the best interest of the child and the circumstances of the child, a conservator, or other party affected by the order have…

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Modification of Custody in Less Than One Year: How Important is the Affidavit?

You just finalized your divorce or custody matter, however it seems like every time you turn around you think that your child should live with you instead of the other parent primarily of the time.  Even though it is has not even been a year yet since your final orders…

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Post-Majority Expenses/Support—You May Have an Order, But Is It Enforceable?

You have a pending case involving a child (divorce, SAPCR, modification) and child support has been established.  However, like most parents you are concerned about the future—what happens when the children go to college, how will I afford their expenses then?  Most people say that you can “save the child…

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What is a right of first refusal?

Are you involved in a divorce or child custody suit and you are concerned that your ex constantly leaves your child with strangers or a relative? Then the right of first refusal might be the answer to your concern. The questions then arise as to how it works and would…

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I want to move for a new job, can I have my geographical restriction modified?

You have final orders in your custody case and you have the exclusive right to designate the primary residence of the child.  The problem is that this right is subject to a geographical restriction (ex. Dallas County and contiguous counties, Kaufman County and contiguous counties, etc.) and therefore it puts…

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