Navigating the complexities of child custody can be a daunting task for parents. One term that often arises in custody discussions is the "right of first refusal." But what does it mean, and how does it impact Texas families? Let's delve into the intricacies of this provision and its significance in Texas custody agreements. What is [...]
Child custody is a pivotal issue for parents navigating separations or divorces. Amidst this, parents often wonder about the legal weight of notarized custody agreements. In Texas, family law has specific provisions concerning child custody agreements. This article will address the significance of notarized custody agreements in a Texas court. Understanding Notarized Custody Agreements A notarized [...]
Co-parenting is a critical aspect of raising children after a divorce or separation. While it may be challenging to maintain a harmonious relationship with your ex-spouse, the courts often emphasize the importance of both parents being actively involved in their children's lives. But what happens if one parent refuses to co-parent effectively? Can you lose custody [...]
In Texas, family matters often involve complex emotions, relationships, and legal guidelines. One of the recurring questions that arise is, "Can a parent deny a grandparent visitation in Texas?" In this blog post, we'll delve into the intricacies of the Texas Family Code to provide a comprehensive answer. Understanding the Grandparent's Right to Visitation The Texas [...]
Navigating child custody matters in Texas can be a complex journey, marked by changing circumstances and evolving needs. The Blacknall Firm, a dedicated family law firm in Texas, often encounters clients who are curious about the reasons a judge might alter an existing custody arrangement. Here, we break down some of the primary factors Texas courts [...]
In Texas, a court-ordered child custody agreement is designed to provide the most beneficial circumstances for a child’s upbringing. The court always prioritizes the child's best interests, as specified under Texas Family Code §153.002. However, life's circumstances often change, necessitating a review and possible modification of the initial child custody order. There are several reasons a [...]
Senate Bill 869, endorsed by the Texas Legislature and Governor Greg Abbott, introduces specific amendments to the Texas Family Code (TFC) aimed at improving the child support collection process in Texas. This update, proposed by the Child Support Division of the Texas State Attorney General's Office, is set to take effect on September 1, 2023. If [...]
 As a family law attorney, I often hear clients express concerns about the mental health of their soon-to-be ex-spouse. In Texas, like in many other states, the law provides mechanisms to address these concerns. One such mechanism is the mental examination, which can be requested under certain circumstances during a divorce proceeding. The Legal Basis [...]
At The Blacknall Firm, we understand that the loss of a parent is a deeply traumatic event for a child. When this unfortunate circumstance arises, the question of child custody becomes a critical issue that needs to be addressed with sensitivity and legal expertise. This blog post aims to provide practical advice and guidance on navigating [...]
When child custody disputes arise and you find your child being kept away from you contrary to a court order, Texas Family Law has a powerful remedy on your side: the writ of habeas corpus. This writ is a significant instrument in child custody matters, acting as a legal directive for the child to be brought [...]
What is a Writ of Habeas Corpus in a Texas Custody Case? A writ of habeas corpus is a legal order that commands an individual or entity to produce a person who is allegedly being detained unlawfully. In the context of a Texas child custody case, a writ of habeas corpus can be used when one [...]
 Here at The Blacknall Firm, we understand that family matters can get complicated. There might be times when a grandparent, relative, or non-relative needs to seek custody of a child. Texas Family Code 102.003 and 102.004 set out the rules for when this is possible. Understanding Texas Family Code 102.003: Who Can File For Custody? [...]
 In the world of family law, the role of a stepparent often arises in custody battles. Stepparents can play a crucial role in the life of a child, but without proper legal standing, their rights can be severely compromised. The case we're about to discuss illustrates the need for stepparents to establish legal custody in [...]
 In a recent decision, the Texas Appeals Court supported the authority of trial courts in determining where children in custody cases can live. This ruling emphasizes the role of trial courts in making decisions based on the unique circumstances of each case. In this article, we will explore the case, the reasons behind the court's [...]
Welcome to our comprehensive guide on filing a motion to enforce a custody order, where we will provide you with detailed insights and step-by-step instructions to help you navigate this important legal process. As dedicated advocates for parents, we understand the significance of protecting your rights and ensuring the best interests of your child. In this [...]
When it comes to foster care, termination of parental rights, and adoption, Native American children are protected by a vital federal law called the Indian Child Welfare Act (ICWA). In this blog post, we will explore the essence of the ICWA, its implications, and the significance of upholding Native American cultural heritage in these specific legal [...]
 Grandparents play a crucial role in the lives of their grandchildren. However, when relationships between grandparents and their grandchildren become strained, grandparents may find themselves seeking court-ordered visitation rights. The good news is that Texas law recognizes the importance of grandparent-grandchild relationships and provides grandparents with legal options to pursue visitation rights. However, obtaining these [...]
 In Texas, grandparents have legal rights to ask for custody of their grandchildren under certain circumstances. In this article, we'll discuss the Texas Family Code section that outlines these circumstances and what you need to know about them. Section 102.004 of the Texas Family Code Section 102.004 of the Texas Family Code is the statute [...]
When parents divorce or separate, one of the most contentious issues is determining child custody. Custody orders are put in place to ensure that the best interests of the child are always considered, and this includes ensuring that they have a stable and secure living environment. However, circumstances can change, and the custodial parent may wish [...]
In the state of Texas, the legal system grants courts the power to issue both temporary and final orders in cases related to family law. These orders, which are legally binding, address various matters including child custody, child support, and spousal support. A common question that arises is: What if a party doesn't adhere to these [...]
As a custodial parent, you may face challenges when it comes to enforcing a court order related to child support or possession and access to your child. Sometimes, non-custodial parents may fail to comply with court orders, leaving you with the burden of ensuring that the orders are enforced. Fortunately, the Texas Family Code provides a [...]
Termination of parental rights is a complex and serious matter that requires a thorough understanding of Texas law. As a parent, your child is your top priority, and it is crucial to protect your parental rights. In this blog post, we will discuss the key points of the Texas Family Code that govern termination of parental [...]
In recent years, joint custody has become increasingly popular in divorce cases, with 50/50 custody being one of the most commonly sought arrangements. However, like any custody arrangement, there are pros and cons to 50/50 custody that must be considered before making a decision. In this article, we will explore the advantages and disadvantages of 50/50 [...]
Changing a child's name is a significant decision that requires careful consideration and a thorough understanding of the legal process. This guide will walk you through the steps involved in legally changing a child's name in Texas. Step 1: File a Petition with the Court The initial step in the name change process involves filing a [...]
As a family law attorney in Texas, I often receive questions from clients regarding the role of temporary orders in determining the final outcome of their case. Temporary orders are an essential part of any family law case, and they can significantly impact the court's final decision regarding child custody, child support, and spousal support. In [...]
As a family law attorney with over two decades of experience, I've seen firsthand the toll that disputes can take on families. While we always strive to resolve cases outside of the courtroom, sometimes the only way to achieve a fair outcome is through a final trial. In this article, I'll share my insights on what [...]
As an unmarried parent, you face unique challenges when it comes to establishing custody and protecting your rights as a parent. This can be especially true if you and your partner are no longer in a relationship and the other parent's whereabouts are unknown. In this blog post, we'll discuss the importance of knowing the names [...]
If you have a custody order in Texas, you may wonder if and when you can modify it. Maybe your ex-spouse is no longer complying with the agreement, or maybe you have concerns about your children's safety or well-being. In this post, we'll explain when you can modify a custody order in Texas and how the [...]
As a Dallas family lawyer, I have represented many clients in child custody cases. One issue that often arises in these cases is whether a geographic restriction should be imposed on the custodial parent. In Texas, a geographic restriction limits the residence of the child to a certain geographic area. In this blog post, I will [...]
As a Dallas family lawyer, I have seen my fair share of high tension and high conflict drop-off and pick-up situations in divorce and custody cases. These situations can be emotionally charged and stressful for everyone involved, especially for the children. However, with the right approach, it is possible to manage these situations in a healthy [...]
As a Dallas family lawyer, I have seen my fair share of cases where a step-parent's abusive behavior has led to a need for a modification of a custody and visitation order. Whether you are a custodial or non-custodial parent, it is important to know your options for protecting your children in these situations. Options for [...]
When it comes to Texas custody cases, it's important to understand the difference between clarification and modification of an order. While these two processes may seem similar, they are actually quite distinct and have different requirements and outcomes. Clarification of an Order A court may clarify an order in a Texas suit affecting the parent-child relationship [...]
Child Custody Modification Under Texas family law, changes to the custody agreement can be made only under certain circumstances and with specific requirements. Generally, a person must wait a year before seeking to change the primary custody order. However, there are exceptions to this rule if: The person with primary custody agrees to the change or [...]
When it comes to determining parenting time in Texas, it can be confusing to understand the various possession schedules that are available. In this blog post, we'll break down the Standard Possession Order, the Extended Standard Possession Order, the Possession Order for Children Under Three, and alternative schedules. These are just commonly used schedules. Parents are [...]
As a Dallas family lawyer at the Blacknall Firm, I often work with parents who are separated or divorced and are looking for guidance on how to best raise their children. Two approaches that I see frequently are co-parenting and parallel parenting. Understanding the differences between these two approaches can help parents make the best decision [...]
As a family lawyer, I often see the immense pain and heartache that can result from disputes over child custody and visitation. These disputes can be incredibly complex and emotionally charged, which is why it is important to find a resolution that is fair, amicable, and in the best interests of the child. Mediation is one [...]
As a family lawyer practicing in Texas, I often see parents who have violated a child custody order. This can lead to serious consequences, including modification of the order. In this post, I will explain what it means to violate a child custody order in Texas and the potential consequences that may follow. What is a [...]
As a family lawyer in Dallas, I often see clients struggle with enforcing child custody and visitation orders. These orders are put in place to ensure the best interests of the child are met, but they can only be effective if they are followed. In this blog post, I will outline some strategies for ensuring compliance [...]
As a Dallas family lawyer, I understand that one of the biggest concerns for parents who have gone through a divorce or separation is ensuring that the child custody or visitation order is followed. When one parent fails to abide by the terms of the order, it can be confusing and frustrating for the other parent [...]
Child custody battles can be emotionally draining experiences for families. Having a well-drafted child custody and visitation order provides stability and peace of mind for both parents and children. What is a Child Custody and Visitation Order? A child custody and visitation order is a legal document that outlines the terms of custody and visitation for [...]
Navigating the complexities of child custody cases can be challenging, especially when these cases cross international borders. As experienced divorce attorneys based in Dallas, we at The Blacknall Firm are well-versed in these matters and are here to guide you through the intricacies of subject-matter jurisdiction in Texas child custody cases. The Importance of Subject-Matter Jurisdiction [...]
As a Dallas divorce and child custody attorney, I often get asked about Temporary Restraining Orders (TROs) and when they are appropriate in a custody case. What is a TRO? A TRO is a court order that can be used in emergency situations to protect a child from harm or the risk of harm. These situations [...]
In some child custody cases, a judge appoints a guardian ad litem, or GAL. This professional advocates for the child. Their main role involves investigating the child's situation and recommending to the court what would best serve the child's interests, as outlined in the Texas Family Code regarding GAL appointments. Education and Experience A GAL may [...]
What is a Child Custody Evaluation? A child custody evaluation is a process in which a judge orders a mental health professional to investigate specific issues in a case. The evaluator compiles a report on each parent's strengths and weaknesses, and may also provide recommendations to the court if the judge requested them. Reasons for Child [...]
What is Our Family Wizard? Our Family Wizard is a web-based tool designed to help divorced or separated parents communicate and manage co-parenting tasks more efficiently. It offers a variety of features, including a calendar to schedule visits and other important events, a messaging system for communication between parents, a financial tracking tool to manage expenses [...]
As an experienced divorce and child custody attorney in Texas, I often encounter situations where one parent is not adhering to the terms of a custody order. When this happens, it is necessary to take legal action in order to enforce the custody agreement and ensure that the best interests of the child are being met. [...]
As a Texas family law attorney, I often get asked by minors and their parents about the possibility of obtaining emancipation. Emancipation is a legal process that allows a minor to become an adult in the eyes of the law, giving them the right to make their own decisions about their health, education, and welfare. Requirements [...]
As a parent or legal guardian in Texas, you have the responsibility to provide a safe and nurturing environment for your children. This includes ensuring that they have a safe and comfortable place to sleep at night. Are there specific laws in Texas regarding sleeping arrangements for children? There are no specific laws in Texas regarding [...]
If you are involved in a modification case regarding the primary residence of your child, you may wonder if the child's residence can be changed during the temporary orders hearing. The answer is yes, but only under certain circumstances. Here's what you need to know about changing the child's residence during a temporary orders hearing for [...]
As a Dallas divorce and child custody attorney at The Blacknall Firm, I often work with clients who are navigating the complexities of Texas divorce proceedings and child custody arrangements. In this blog post, I will provide an in-depth overview of joint managing conservators and how this legal term is used in Texas divorce cases. What [...]
When parents get divorced in Texas, child custody can become a contentious issue. In some cases, the court may impose a geographic restriction on one or both parents' custody of the child. If you are going through a divorce or custody battle, it is important to understand what geographic restrictions are and how they could impact [...]
Child support is a hot button topic that arises during divorces or separations involving children. While it may not be a perfect system, child support is a necessary part of life when people have children, whether they are married or never been married. It's crucial to remember that the child needs financial support from both parents. [...]
At The Blacknall Firm, we understand that "Temporary Order Hearings in Texas Divorce" can be a confusing and overwhelming process for clients. As experienced family law attorneys in Texas, we have helped numerous clients navigate these hearings and achieve the best possible outcomes. In this blog post, we will answer some of the most common questions [...]
As a noncustodial parent, you have rights and responsibilities when it comes to your child's custody and visitation. In Texas, child custody and visitation orders are legally binding, and violating them can have serious consequences. If you are having trouble enforcing your child custody and visitation order, here are some answers to common questions you may [...]
 As a non-custodial parent, it is essential to be prepared when faced with denied visitation. Documenting these denials accurately and taking appropriate actions can help protect your parental rights and strengthen future enforcement actions. In this step-by-step guide, we will walk you through the process of documenting the denial and responding effectively. Step 1: Familiarize [...]
 As a Texas divorce and child custody lawyer, I often work with clients who are navigating the complex process of determining custody arrangements for their children. In Texas, child custody, also referred to as "conservatorship," comes in several different forms. This article will explore the different types of child custody in Texas and provide an [...]
As a parent or guardian involved in a custody case, you are likely to encounter the phrase "best interest of the child standard." It refers to the legal principle used to determine the outcome of custody disputes. Understanding this standard is crucial to any parent seeking custody or visitation rights. In this article, we will delve [...]
The police may enforce a child custody order, but most times, they decline involvement, considering it a civil matter. Interference with Child Custody as a Crime However, the police could take action if they choose to. Interference with child custody is considered a crime under Texas Penal Code 25.03 and is defined as taking or retaining [...]
Summer travel can be an exciting experience for children and parents alike. However, if you're a non-custodial parent in Texas, you may need to request a passport from the custodial parent to travel internationally with your child. In this article, we'll provide you with all the information you need to request a passport from the custodial [...]
In 2021, the Texas Supreme Court implemented new rules for mandatory initial disclosures in family law cases. These disclosures are designed to provide the parties with basic information about each other's case, including: A list of all individuals with knowledge of the facts related to the case A description of any documents or electronic information relevant [...]
At The Blacknall Firm, we understand that going through a divorce can be an extremely challenging and emotional time, especially when there are children involved. One of the most common questions we receive from clients is whether their child can choose which parent they want to live with. In this article, we will provide a comprehensive [...]
If you're a parent in Texas seeking to establish or modify a court order for visitation with your child, you may have many questions and concerns about the process. As a Texas family law attorney, I understand the importance of maintaining a strong relationship with your child and want to help you navigate the legal system [...]
As a divorce and child custody attorney at The Blacknall Firm, I know firsthand the importance of the well-being of the child in these types of cases. In Texas, it is within the Judge's discretion to interview a child in a child custody case. Child's Voice in Custody Cases When representing a client in a child [...]
Co-parenting can be a challenging endeavor, especially when dealing with an ex-partner who may not always be reasonable or cooperative. Whether you've been through a divorce or have never been married, the primary goal remains the same: to provide a stable and loving environment for your child. Achieving this can be difficult when communication with your [...]
Child custody arrangements can be one of the most contentious issues in divorce or suit affecting the parent child relationship proceedings. As a family law attorney in Dallas, I have seen firsthand the impact that a social study evaluation can have on the outcome of a case. In this blog post, I will explain the social [...]
As a Texas divorce and child custody lawyer, I have seen firsthand the devastating effects of parental alienation on children and their relationships with their parents. This phenomenon, which occurs when one parent attempts to alienate a child from the other parent, can have serious long-term consequences for the child's mental health and overall well-being. In [...]
