Articles from March, 2021


14 Month Old Daughter’s Primary Residence with Father Upheld

14 Month Old Daughter’s Primary Residence with Father Upheld Mother and Father are both physicians. In a 4-day divorce trial, they testified about their move to Fort Bend County so Father could begin a fellowship in pediatric oncology at Baylor College of Medicine, and Mother’s plan to move to Fort Bend County after she completed her residency in Atlanta. After he began his Baylor fellowship, Mother became pregnant and went to Orlando Florida where her parents live for her maternity leave. When their daughter was born, Mother finished her residency in Atlanta, moved to Fort Bend County, then took a…Read More

Private School Tuition Not a “Proven Need” Justifying Child Support Increase; Wife Failed to Refinance House So It Must be Sold

Private School Tuition Not a “Proven Need” Justifying Child Support Increase; Wife Failed to Refinance House So It Must be Sold   The Parents’ divorce Decree required Father to pay maximum guideline child support based on his net resources of at least $7,500. Their Decree also ordered Mother to refinance her residence by a certain date and if she did not, it ordered the property to be sold with the proceeds to be paid to her.     Father filed a motion to enforce his possession of their son and a motion to enforce the terms regarding Mother’s refinance of her…Read More

Mother Seeking New Job Out of Primary Residence Restricted Area Does Not, Alone, Justify Changing Her Primary Custody

  Mother Seeking New Job Out of Primary Residence Restricted Area Does Not, Alone, Justify Changing Her Primary Custody   The parents’ divorce Decree named them Joint Managing Conservators with Mother having the exclusive right to designate their child’s primary residence within the state of Texas. Mother received a job offer in Colorado, and then she filed a motion to modify the Decree to allow her to move to Colorado so she could take the new job. Father responded by asking the court to modify the Decree by changing the joint managing conservatorship provisions to alter his possession schedule and…Read More

Mother’s Possession of Child Must be Supervised

Mother’s Possession of Child Must be Supervised   In their divorce trial, Mother and other family members testified about Father’s adultery and his verbal and physical abuse of Mother. Mother also denied she had an alcohol problem.   Two police officers testified that when they went to Mother’s home for a family welfare check, it was in disrepair and disheveled. There were numerous beer cans scattered throughout the home. Mother appeared to be heavily under the influence of alcohol. The officers made a report entitled “endangering or abandonment of a child” and filed a CPS report. Another police officer testified…Read More