Family Law Blog

The right to a jury trial is not without limitations. The Texas Family Code provides limited circumstances in which a child custody battle can be decided by a jury. In suits involving children, a jury can determine the issues of: (1) appointing someone as sole managing conservator, joint managing conservator, possessory conservator; (2) determining which conservator has the right to determine the primary residence of the child; and (3) establishing a geographic restriction on a child.

In suits involving children, a jury MAY NOT: (1) determine whether or not to grant an adoption, (2 ...

A Standing Order typically governs the conduct of parties in a divorce or a Suit Affecting the Parent Child Relationship (SAPCR). Standing Orders are usually orders by county, and many counties in Texas do not have standing Orders. If the county in which the lawsuit is filed has Standing Orders, the become effective on the party as soon as the lawsuit is filed, and they become effective on the other party as soon as the citation paperwork is served on the other party to the lawsuit.

Standing Orders do not have to be requested. They automatically apply to every divorce or SAPCR filed in the ...

Texas uses the term "conservator" to broadly include anyone with a court-ordered relationship with a child. You may hear the term "joint managing conservator", "sole managing conservator", "possessory conservator", or "non-parent conservator" - or any combination of these terms (e.g., "non-parent sole managing conservator"). A conservator may be a parent, a relative, a family friend, or even the State of Texas (CPS).

Generally speaking, a "possessory conservator" is someone who has the right of access/visitation with the children, but little else. Conversely, a "managing ...

Discovery is the formal process by which documents or other evidence can be obtained from the other party in a lawsuit. The most common forms of discovery are:

Interrogatories - a set of questions direct to the other party about any matter that is relevant to your case.

Request for Production of Documents - a set of questions inquiring as to the existence, description, condition, location, and contents of documents or other tangible things.

Deposition - informal testimony taken outside of a trial, under oath, and subject to cross-examination by opposing counsel. This testimony may be ...

The Standard Possession Order "SPO" is outlined in the Texas Family Code as the terms of possession and access between conservators and their children that are presumed to be in the best interest of the children. A court will typically order the SPO unless: (1) the conservators agree to something different; (2) the SPO is inappropriate or unworkable because of a work schedule or other special circumstances; or (3) the age, developmental status, circumstances, needs or other relevant factors.

In general, the SPO provides that the non-primary parent or conservator will have ...

If you are going through a divorce or custody dispute in Texas, you will hear the term "best interest". These two words have a lot of meaning. The Texas Family Code states that "the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child."

In 1976, the Texas Supreme Court defined "best interest" in a well known case called Holley v. Adams. The Court made a non-exhaustive list of factors that trial courts should consider when determining what is in a child's best interest. they are:

In Texas, one parent typically is the “primary” caregiver, and the other parent is the secondary, or non-possessory parent. This is true even though both parents usually have the title of “joint managing conservator”. The non-possessory parent is usually obligated to pay child support to the primary caregiver.

Texas Law provides for a standard, “guideline”, amount of child support. The guideline amount of child support depends upon the number of children and the amount of income that the non-possessory parent has. The guideline amount is 20% for 1 child, 25% for 2 ...