Articles Tagged with family law

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 ability to make decisions about raising their children is a fundamental right that should not be interfered with by courts. Basically, in the United States we want parents to be able to decide whether their kids get to see their grandparents or not even if the parents don’t seem to have a great reason for keeping their kids away from their grandparents. A parent’s right to decide how their kids are raised is more important under the law than a grandparent’s desire to see their grandchildren.

How does Grandparent visitation work in Texas?

Aren’t half of marriages going to end in divorce no matter what?

Sort of. It is true that about 40 to 50 percent of marriages in America end in divorce. With numbers that high, some might assume that divorce is almost inevitable in most marriages. But research indicates that there are certain things that successful couples are doing to keep their marriages successful while there are things that couples who end up divorcing are doing that make divorce almost certain. Understandably, most of our clients are past the point of looking for ways to save their marriage, but hopefully some of the people who are seeking out this divorce blog may be able to use the research to make positive changes in their marriages and avoid the costly and stressful process that is divorce.

What does the research show about divorce?

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 materially and substantially changed since the date of the order or the date of the signing of the mediated settlement agreement that the order is based off of. Material and Substantial change is not defined in the code, but obviously this is a term that has been dealt with by Texas Courts extensively. Material and Substantial change may sound like a high standard, but in actuality the courts give very broad discretion to trial court judges in their assessment of what a material and substantial change is.

What have appellate courts said about material and substantial change?

Can I appeal my divorce while still accepting benefits from the parts of the judgment that work in my favor?

As with most questions asked about the law, the answer to whether you can appeal a part of your divorce while accepting benefits from the parts of the divorce you do like is, it depends.  More accurately, the answer is, probably not. This is because of a legal concept called estoppel.

What is estoppel?

The Texas Family Code requires that a child in the conservatorship of DFPS attend all permanency hearings. This section also requires that if the court determines it is in the best interest of the child, and the child is older than four, that the court must consult with the child in a developmentally appropriate manner regarding the permanency plan. However, Texas courts do not consistently require children to attend permanency hearings.

Why aren’t children attending the hearings? 

The code has an exception that states that judges can make an individual determination that excuses a child from attending a specific hearing. Apparently,  many judges are deciding that it is not necessary for the children to be at the hearings. Of course, issues with school attendance and actually getting children to court are factors that contribute to children not being able to attend permanency hearings, but options like video conferencing and the fact that a child attending court while in foster care is an excused absence should help to alleviate any of these problems.

What is a direct Payment?

A direct payment is any payment that is made outside of payments made to the State Disbursement Unit in San Antonio. Most child-support orders require that all payments be made directly to the State Disbursement Unit in order to satisfy a child-support obligation. In fact, if a child-support order has an income withholding order, which most do, then federal law requires the employers to send these amounts that they withhold from an employee’s check directly to the State Disbursement Unit. However, there are many times that either because of an old order or because of confusion between parties, the person who is supposed to be paying child-support decides it would be easier to just pay the money directly to their child’s parent. This can be a real problem when it comes to enforcement and can cause a huge headache for both parties. Some people may assume that when an order says that child-support must be paid through the state registry that there is no hope for someone who gets pulled into court with enforcement and who could potentially owe hundreds, thousands, or even tens-of-thousands of dollars. At least one court of appeals in Texas would have even agreed with you on that up until recently.

Can a trial court look at direct payments as evidence?