Here is a link to an example 2023 Texas case where the parent’s parental rights were entirely terminated at the trial level, which was affirmed at appeal: Termination of parental rights case The following facts where the mother lost parental rights applied to the case as linked to above: The child was 9 when the parental rights were terminated CPS has been involved since the child was 2 The mother engaged in drug use The mother did not take the child to medical appointments The mother did not follow the advice of the ad litem The child did not visit with the child on every occasion permitted ..read more

If You Ask the internet or ChatGPT, you will get an answer like this:   In Texas, if you are granted the exclusive right to establish the primary residence of the child in a divorce, it generally means that you have the authority to determine where the child will primarily live. This includes deciding the physical location of the child’s residence, such as the city or town. Regarding the choice of school, the default rule in Texas is that the parent with the exclusive right to determine the primary residence also has the right to choose the child’s school. However, it’s important to note ..read more

In general, child support obligations do not automatically cease upon the death of a parent. Child support is typically intended to provide financial support for the child’s well-being and upbringing, and the obligation is typically considered separate from the parent’s life or death. Upon the death of a parent who was obligated to pay child support, the responsibility for continuing support usually falls to the deceased parent’s estate or any applicable life insurance policies. If there are sufficient assets or insurance proceeds available, the court may order the continuation of child supp ..read more

ChatGPT and other internet sources may state something along the lines of this relating to what happens if you do not include your SAPCR in a Texas case: In Texas, SAPCR stands for “Suit Affecting the Parent-Child Relationship,” which is a type of legal action that addresses issues related to child custody, visitation, child support, and other matters involving the parent-child relationship. It is typically filed as a separate lawsuit or included as part of a divorce case when children are involved. If you do not include the SAPCR in your divorce case in Texas, it means that you may not addr ..read more

In Texas family law cases, if you want to use a court-appointed case evaluator as an expert witness during your trial, it is generally advisable to properly designate them as an expert during the discovery phase of your case. During discovery, parties exchange information and evidence in preparation for trial. When it comes to expert witnesses, the rules of civil procedure typically require parties to disclose the identity of their experts, along with the substance of their testimony and a written report, within a specified timeframe. This allows the opposing party to have an opportunity to ..read more

The case evaluator, also known as a custody evaluator, is a professional appointed by the court to assess and make recommendations regarding child custody arrangements. However, it’s important to note that the case evaluator’s recommendations are not binding, and the final decision regarding custody is typically made by the judge. The case evaluator plays a significant role in custody proceedings by conducting interviews, observing interactions between parents and children, reviewing relevant documents, and considering various factors that may impact the child’s well-being. Based on this ev ..read more

Summary of the Law: Any lost wages are community property which belong to both spouses. Compensation for medical bills, mental anguish, and suffering are separate property. Key Quote From the Case: “Recovery for personal injuries to the body, including mental pain and anguish and physical disfigurement, sustained by a spouse during marriage is considered that spouse’s separate property, but recovery for loss of earning capacity, medical expenses, and other expenses associated with injury to the community estate are community property.”   Related Case:     SUZANNE MARIE THORNHI ..read more

Summary:  Even if the community estate does not have enough money to pay legal fees, the Trial court can award attorney’s fees from the separate property of a spouse.   INTEREST OF APN, 655 SW 3d 55 – Tex: Court of Appeals, 5th Dist. 2022          INTEREST OF APN, 655 SW 3d 55 – Tex: Court of Appeals, 5th Dist. 2022       655 S.W.3d 55 (2022)       In the INTEREST OF A.P.N., a Child.       No. 05-20-00179-CV.       Court of Appeals of Texas, Dallas.       Filed October ..read more

While there are a lot of matters that you can agree on with your soon-to-be spouse in a prenup, agreeing that you will not have a custody battle is NOT one of them.  And, during a marriage, you also cannot contract on matters relating to visitation, child support or custody.  Rather, the only time that this can be agreed upon in Texas is during a pending divorce. It may seem like it would be very far, given the hardship and expense of a custody battle, that you could agree with your spouse on this in advance, but Court’s have consistently held that no contract as to these sorts of ..read more

      Jennifer Anne Cannon-Hunter, Appellant, v. Bradford L. Hunter, Appellee. No. 03-21-00332-CV. Court of Appeals of Texas, Third District, Austin. Filed: February 16, 2023. Appeal from the 345th District Court of Travis County, No. D-1-FM-19-007683, the Honorable Catherine Mauzy, Judge Presiding. Affirmed. Before Justices Baker, Triana, and Theofanis.   MEMORANDUM OPINION   ROSA LOPEZ THEOFANIS, Justice. Jennifer Anne Cannon-Hunter appeals the trial court’s final decree of divorce dissolving her marriage with Bradford L. Hunter.[1] In her appellate issue, J ..read more