Dallas Divorce Lawyer Blog

Maintaining Familial Custody During and After Parental Termination Proceedings

August 31, 2023 | by Robert Guest

Texas child abuse and neglect cases often require that a child be placed in the temporary custody of another person besides the parent during the pendency of the proceeding. This may be necessary because serious allegations of abuse or neglect can warrant an urgent change in custody to protect a child from harm. Texas law works with a presumption that a child is best suited to be placed in the custody of a blood relative, especially if the child has a preexisting relationship with the relative.

In instances where parental rights are terminated after a judicial proceeding, the child will be placed in the permanent custody of another party besides the parent at issue. Courts often choose to make whatever temporary arrangement permanent after termination so long as the temporary custodian is interested in obtaining full custody of the child. A recent Texas appellate decision demonstrates the difficulty blood relatives may have in gaining custody of a child when the child was initially placed in the temporary custody of another person.

According to the facts discussed in the recently published appellate opinion, the child at issue was removed from the custody of his mother after he was hospitalized as unresponsive and tested positive for PCP, a powerful and illegal sedative drug. The child was received at the hospital, and a welfare proceeding was initiated on his behalf. During the proceeding, the child was placed in the care of a foster family, although later, a maternal aunt of the child was also interested in taking care of him as the aunt also had custody of the child’s younger brother.

What’s the Difference Between a Divorce and an Annulment in Texas?

August 30, 2023 | by Robert Guest

When a marriage reaches an irreconcilable point, couples have legal options to end their union. Divorce and annulment are two distinct approaches, each with its own implications. At Guest & Gray, we have extensive experience helping our clients end their marriages through both divorce and annulment. We can help explain the difference, the benefits and potential drawbacks of each, and help you effectively pursue your desired outcome.

In this blog post, we will explore the differences between divorce and annulment, shedding light on the grounds, legal consequences, and procedural aspects of each process.

Definition and Purpose

Divorce is a legal termination of a valid marriage, while annulment declares a marriage null and void, as if it never occurred. Divorce acknowledges that a valid marriage existed but has irretrievably broken down, providing a legal dissolution of the marital relationship. Annulment, on the other hand, treats the marriage as if it were invalid from the beginning, essentially erasing it from a legal standpoint.

Grounds for Divorce

Divorce is typically based on “no-fault” or “fault” grounds. “No-fault” divorce grounds, such as irreconcilable differences or insupportability, do not require proving any wrongdoing by either spouse. “Fault” grounds, such as adultery, abandonment, or cruelty, involve proving misconduct by one spouse, which may impact property division, spousal support, and child custody determinations.

Avoiding Common Mistakes When Preparing to File for Divorce

August 23, 2023 | by Robert Guest

At our Forney divorce law firm, we understand the complexities of divorce and the emotional weight it can bear on those involved. We’ve seen clients walk into our office, sometimes making crucial mistakes that could complicate their divorce proceedings and affect their future. We want to take this opportunity to address some common errors and help you navigate your way toward a smoother transition.

The first, and perhaps most common mistake is rushing to file without fully understanding the consequences. Divorce is more than a dissolution of marriage; it encompasses various aspects like property division, child custody, alimony, and more. It’s essential to educate yourself on these matters before taking the plunge. Understanding the process and potential outcomes will allow you to prepare adequately and manage your expectations.

A closely related error is neglecting to gather essential financial documents. Accurate and detailed documentation is vital in divorce proceedings. Inadequate financial information can lead to unfair settlements. You should have a clear picture of your financial situation, including income, assets, debts, and expenses, to ensure a fair distribution of assets and debts.

Understanding Modifications to Child Support Orders in Texas

August 15, 2023 | by Robert Guest

Navigating the complex world of family law, particularly when it comes to child support orders, can be overwhelming. However, at guest & Gray, our Dallas County divorce law firm is committed to providing clarity and guidance. In this post, we delve into the essential details of modifications to child support orders in Texas.

In Texas, child support is established to ensure the welfare of the child post-divorce. However, circumstances can change post-judgment, necessitating a review and possible modification of the original child support order. Understanding the grounds and processes for these modifications is crucial for both the custodial and non-custodial parent.

Under Texas law, a child support order may be modified if it’s been three years since the last order and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded according to child support guidelines. Additionally, a modification may be justified if there has been a material and substantial change in the circumstances of the child or a person affected by the order. Such changes could include a significant increase or decrease in either parent’s income, changes in the child’s medical insurance, or substantial changes in the child’s living arrangements.

What is Divorce Mediation in Texas and When is it Appropriate

August 8, 2023 | by Robert Guest

Divorce can be an emotionally draining and contentious process. However, it doesn’t always have to be a battleground. At the Dallas County divorce law firm of Guest & Gray, we often recommend divorce mediation as a viable alternative to traditional divorce litigation. This blog post will shed light on what divorce mediation is and when it might be an appropriate choice for your situation.

What is Divorce Mediation?

Divorce mediation is a process where a neutral third party, known as a mediator, assists the divorcing couple in negotiating and reaching an agreement on various aspects of their divorce. These may include child custody and visitation, property and debt division, alimony, and child support. The goal of mediation is to foster cooperation and compromise, resulting in a mutually agreeable settlement that meets the needs of both parties.

Advantages of Divorce Mediation

One of the key advantages of mediation is the control it offers to the parties involved. Instead of decisions being made by a judge, the couple has the opportunity to actively shape the terms of their divorce agreement. Mediation can also be less adversarial and stressful than traditional divorce proceedings, providing a safe space to discuss sensitive issues with respect and understanding.

Furthermore, mediation tends to be more time-efficient and cost-effective than litigation, which can often become drawn-out and expensive. Mediated settlements can usually be reached more quickly, reducing the emotional toll and financial burden on both parties.

Navigating Common Law Marriage and Divorce in Texas

August 1, 2023 | by Robert Guest

In Texas, a traditional, ceremonial marriage isn’t the only way a legally recognized union can be formed. The Lone Star State is one of a few places that recognize common law (informal) marriages. At Guest & Gray, our Dallas County divorce lawyers have observed that many people don’t fully understand how common law marriage works or how it affects the process of divorce. This blog post aims to shed light on these aspects.

What Defines a Marriage in Texas?

Firstly, it’s essential to understand what constitutes a common law marriage in Texas. Three key elements must be met:

How Do Texas Courts Weigh Conflicting Evidence in Termination Proceedings?

July 28, 2023 | by Robert Guest

In legal proceedings to terminate parental rights, the parent may have a different version of events from the caseworkers at the Texas Department of Family and Protective Services (DFPS). When parents and the DFPS present conflicting narratives in court, the judge must reach factual findings by weighing each witness’s credibility. Appellate courts tend to defer to trial court findings because the trial judges directly heard the evidence. However, one party may appeal the trial court’s decision if they believe it relied on insufficient evidence. When the relevant issue is the best interests of the child, courts will more closely scrutinize the evidence the trial court relied on to support a “best interests” finding.

How Do Courts Weigh Conflicting Testimony in Termination Proceedings?

A recent Fifth District Court of Appeals case illustrates how appeals courts examine conflicting testimony between caseworkers and parents in termination proceedings. In this case, the appeals court upheld the trial court’s opinion terminating a mother’s parental rights to two of her children. According to the facts discussed in the opinion, the child’s mother had a history of substance abuse, criminal activity, and lack of stable housing an employment. There were also possible allegations that she was a victim of domestic violence and had physically abused the children, though there was no evidence of the latter. After DFPS placed the children in foster care, the agency created a compliance plan with the mother to reunite her with her children.

The plan included, among other things, submitting proof of stable housing and employment, joining an autism support group to help her child with autism, refraining from criminal activity, and submitting to frequent drug tests. Later, DFPS sought to terminate her parental rights, alleging that the mother failed to follow the plan. DFPS also explained that the children were thriving in their foster home, which led to improved grades and management of their behavioral issues. The mother, however, alleged that she diligently followed the plan, and DFPS had made no effort at reunification. After weighing the evidence, the trial judge found that terminating the mother’s parental rights was in the children’s best interests. The mother appealed, arguing the evidence was factually insufficient to support the trial court’s ruling.

Texas Appeals Court Affirms Husband’s Property Award in Divorce Dispute

July 24, 2023 | by Robert Guest

In a recent case before a Texas appeals court, the court affirmed the trial court’s final divorce decree finding that a house and 21 acres were the husband’s separate property. The wife appealed the decree to the appeals court, arguing that the trial court abused its discretion and made a legal error. The appeals court, however, disagreed.

Facts of the Case

As the court’s opinion explained, the husband had purchased a home on 23 acres over a decade before he and his ex-wife married. The husband also paid off the mortgage and sold two acres before their marriage. After the husband and wife married, they later repurchased the two acres and eventually paid off the mortgage. Two years later, the husband sued for divorce.

During the couple’s bench trial, the wife asked the judge to declare the 21 acres and the home as separate property based on a prior quitclaim deed the husband had drafted and signed before their divorce. However, the husband argued that the deed only conferred the two acres the couple later repurchased to the wife, along with a separate mobile home. Confusingly, the deed gave the husband rights to the property located at the 21-acre tract’s address, but it described the property as “2.0 acres.” The trial court confirmed the two acres and mobile home were the wife’s separate property, and the 21 acres and house were the husband’s separate property. Then, in denying the wife’s motion for a new trial, the trial court credited the husband’s testimony that his only intent when signing the deed was to transfer the 2 acres and mobile home to his wife.

Texas Court Sides with Mother in Custody Dispute Demonstrating the Importance of Child Interview Statute

July 10, 2023 | by Robert Guest

In a June 2023 case before the Texas Supreme Court, a mother appealed the trial court’s decision that allowed her children’s father to have the exclusive authority to decide where their four children should live. According to the mother, the judge had unfairly denied her request to have her 13-year-old child interviewed in the judge’s chambers, which ultimately resulted in an incorrect verdict. Looking at the record of the case, the higher court agreed with the mother and remanded part of the case in accordance with her request.

Facts of the Case

According to the opinion, the father, in this case, filed for divorce, and he asked the court to make a custody decision for the couple’s four children. In Texas, Section 153.009(a) of the Family Code allows parents to request that judges interview their children privately in chambers to take their wishes into account when making a cursory decision. If a parent requests this interview, however, he or she waives the right to a jury trial and is only able to proceed under a non-jury or a bench trial.

Early on in this case, the mother requested an interview between the judge and her 13-year-old child. By conducting the interview, said the mother, the judge would be able to understand that her children preferred to reside with her. To request the interview, the mother emailed the court, called the court 20 times, made an oral request on the record during the hearing, and filed two briefs after trial. The court, however, did not interview the child, and it also failed to offer the mother a jury trial in the absence of granting her request.

Texas Court Reverses $5000 Monthly Spousal Support Ruling

June 30, 2023 | by Robert Guest

Texas law permits family courts to order one party to a marriage to pay spousal support, also known as alimony, to the other party under certain circumstances. In Texas, there is a statutory presumption to deny requests for spousal support, however, a divorcing spouse may be able to demonstrate that they are entitled to spousal support if certain conditions are met. The Texas Court of Appeal recently reversed a family court ruling that had awarded a woman the sum of $5000 per month in spousal support.

The parties in the recently decided appeal had been married for over 20 years when the husband filed for divorce in 2018. As part of the divorce proceeding, the wife requested that the family court grant her spousal support in order to help her support herself and the extensive bills that were owed to support the standard of living that was enjoyed during the marriage. In addition to the needs-based request, the wife argued that she was entitled to spousal support because the husband was unfaithful leading up to the parties’ divorce.

At trial, the family court judge accepted testimony that the wife had approximately $11,000 in monthly expenses and found that an award of $5000 per month in spousal support was appropriate considering the circumstances. The trial court considered the husband’s infidelity in issuing the spousal support award. The husband appealed this ruling to the Court of Appeal, arguing that the wife needed to demonstrate that she needed the funds to support her minimum reasonable needs and that she was capable of supporting those needs without the spousal support award.