Can I demand a jury trial on a suit involving a child?

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 whichContinue reading “Can I demand a jury trial on a suit involving a child?”

What are standing orders?

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 theContinue reading “What are standing orders?”

What does “managing conservator” or “possessory conservator” mean?

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,Continue reading “What does “managing conservator” or “possessory conservator” mean?”

How do I get documents or other evidence from the other party?

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 – aContinue reading “How do I get documents or other evidence from the other party?”

What is the Standard Possession Order?

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 isContinue reading “What is the Standard Possession Order?”

What does “best interest” of a child mean?

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 andContinue reading “What does “best interest” of a child mean?”

Will I have to pay child support, and how much?

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”,Continue reading “Will I have to pay child support, and how much?”