Terry L. Hart, Attorney at LawHouston Family Law Attorney | Divorce & Child Custody Lawyer2026-09-10T19:40:35Zhttps://www.terryhartlaw.com/feed/atom/WordPressby Terry L. Hart, Attorney at Law<![CDATA[Can a parent change a child’s school without court approval?]]>https://www.terryhartlaw.com/?p=476702026-09-10T19:40:35Z2026-09-10T19:40:35ZWhen may a parent need court involvement to change schools?
Custody orders usually state which parent has authority over education decisions. If one parent has sole authority, that parent may change the child's school district without the other parent's consent. A custody order may give both parents joint authority over education decisions.
When parents share that authority, neither can change the child's school alone. A court may modify the order only if the parent proves a material and substantial change in circumstances and that the change serves the child's best interest. Modification requirements generally include proving the change serves the child's best interest.
What rights do joint managing conservators have
Joint managing conservatorship usually gives both parents a say in major decisions. However, a Texas court may give one parent exclusive authority over specific matters, such as education. The custody order controls which rights parents share and which belong to one parent. These rights may cover education, medical care and religious upbringing.
A violation of an enforceable custody order may lead to an enforcement proceeding. A parent who changes a child’s school without proper authority may face contempt under Texas Family Code § 157.001 if the violation was willful. Parents facing disagreements about school district changes often need to file a modification petition to resolve the dispute formally.
What happens if a parent changes schools without authority?
Changing a child’s school in violation of a custody order may lead to an enforcement proceeding or other court action. The court may hold the parent in contempt under Texas Family Code § 157.001.
Penalties may include:
Fines
Attorney’s fees
Up to six months in jail for criminal contempt under Texas Family Code § 157.166
Repeated violations may become relevant in a later modification proceeding, but whether a court changes conservatorship or other terms depends on the statutory grounds and the child's best interest. Other grounds under Texas Family Code § 156.101 may also support a custody change.
An unauthorized school change may also hurt a parent’s credibility in future custody disputes. Courts value stability and may view unilateral decisions as harmful to the child’s welfare.
How to handle a school change under your custody order
Before changing your child's school, review your custody order to confirm whether you hold exclusive or shared authority over educational decisions. If the order is unclear or the other parent objects, filing a motion to modify or clarify the order is typically the appropriate path. An attorney familiar with Texas family law can help you assess your options and understand whether enforcement or modification may be appropriate.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[What happens at the first hearing in a Texas divorce?]]>https://www.terryhartlaw.com/?p=476682026-08-31T17:12:37Z2026-08-31T17:12:37ZGoing to court for the first time can make a divorce feel suddenly real. You may know what you want long term, but the first hearing often focuses on what needs to happen right now. Not every Texas divorce follows the same path. When temporary orders are requested, however, this hearing may set the ground rules for the months ahead.
Arriving at court and checking in
Your hearing starts before you stand in front of the judge. After arriving, you or your attorney will check in and wait for the case to be called. Family courts often have several matters on the same docket, so some waiting is normal. The exact procedure can vary by Houston court. Knowing where to report and what documents to bring can make the morning less stressful.
Discussing possible agreements before the hearing
Before the hearing begins, you and your spouse may try to resolve some or all of your disagreements, usually through your attorneys if you have representation. If you reach an agreement, you can present it to the court rather than asking the judge to decide those matters after a contested hearing.Even a partial agreement can shorten the hearing by narrowing the issues that remain contested. Any agreed terms the court adopts can become part of the temporary court orders that govern your case while it continues.
Presenting testimony and evidence to the judge
If disagreements remain, you and your spouse may present testimony and evidence. Depending on the dispute, that could include pay records, tax returns, bank statements, parenting schedules or household expenses. The hearing is not meant to resolve your entire divorce. Instead, the judge needs enough information to address the immediate issues affecting you while the case continues.
Addressing immediate parenting and financial issues
Texas law allows a court to issue certain temporary orders after notice and a hearing. These orders may address temporary spousal support, use of property and responsibility for certain expenses. When children are involved, the judge may also address parenting arrangements and child support.The goal is to put workable rules in place while your divorce continues. These decisions govern immediate needs, but they do not determine your final property division or permanent parenting arrangement.
Receiving temporary orders after the hearing
After hearing the contested issues, the judge may announce rulings in court. A written order records those decisions and sets out the rules that will govern the case. Those orders can control day-to-day arrangements until the court changes them or signs the final divorce decree. Temporary does not mean optional.
Continuing the divorce under the temporary orders
Your divorce continues after this hearing. The next stages may involve exchanging information through discovery, valuing property or businesses, negotiating disputed issues, attending mediation or preparing for later court proceedings. Meanwhile, the temporary orders provide the working framework for your parenting arrangements, finances and property use.
Preparing for the next stage of the divorce
Once temporary orders are in place, your focus shifts from getting through the hearing to living under those rules while the case continues. Pay attention to how the arrangements work in practice, keep records of important financial or parenting developments and note any problems that may need attention later. What happens during this period can help shape the decisions and negotiations that come next.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[Can high-income parents pay more child support in Texas?]]>https://www.terryhartlaw.com/?p=476672026-08-25T10:59:39Z2026-08-25T10:59:39ZHow Texas calculates child support
Texas generally bases child support on a parent's net resources. These may include wages, bonuses, commissions, self-employment income, net rental income, dividends and interest income. The number of children who need support also affects the guideline amount.
The guidelines generally set child support at 20% of a parent's monthly net resources for one child, 25% for two children and 30% for three children, with higher percentages for additional children. The calculation applies to the portion of net resources within the statutory cap.
Texas law sets a ceiling on the monthly net resources used for the standard guideline calculation. If a parent's net resources exceed this ceiling, the court uses the maximum amount allowed under the guidelines to calculate the initial support amount. The court may then consider whether the child has additional needs that justify a higher payment.
What evidence may justify above-guideline support
A parent seeking additional support must show the child's proven needs. The court may consider reasonable expenses related to those needs, including education, healthcare and necessary care.
The court may also consider each parent's financial resources and obligations. These details can help the court determine whether additional support would meet the child's needs.
Factors that may help show the child's proven needs include:
Education expenses, including private school tuition and extracurricular activities
Healthcare costs beyond standard coverage
Childcare expenses
Expenses related to the child's specific developmental or medical needs
Travel costs when parents live in different locations
These details give the court specific information to evaluate when deciding whether additional support is appropriate.
What to expect when net resources exceed the guideline cap
A high income does not automatically mean a parent must pay unlimited child support. When a parent's net resources exceed the guideline limit, the court can consider the child's proven needs when deciding whether to award additional support.
Parents with substantial income should understand how the guideline calculation works and what evidence may support additional child support. A clear understanding of these rules can help parents set realistic expectations about the amount that may apply.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[How temporary orders protect business owners in a Texas divorce]]>https://www.terryhartlaw.com/?p=476662026-08-07T11:24:04Z2026-08-07T11:24:04ZTemporary orders can stabilize business operations
A divorce can put immediate pressure on a closely held business. Early court orders may address who pays certain bills, how the business handles income during the case and whether either spouse can move, sell or conceal assets before the court sorts out the property issues. Texas courts may use early orders that preserve assets to control conduct and preserve property while a divorce is pending.
What issues can these orders address?
Court-imposed limits can address specific financial and operational problems of the business that arise during the divorce. Examples may include:
Limits on unusual withdrawals or transfers
Restrictions on selling business assets
Rules for payroll, rent or key operating expenses
Temporary access rules for business records and accounts
Limits on interfering with employees, vendors or customers
Those protections can matter when the business supports both spouses, or when one spouse has access to company funds without running daily operations.
Early orders can prevent damage before final division
A business owner may need protection long before the final divorce decree. Disputes over running the business during divorce can affect contracts, staffing and vendor relationships if the court does not set clear rules early. Once those relationships are disrupted, later property orders may not fully repair the damage. A divorce lawyer can help request terms that protect the company while the court sorts out each spouse's property claims as part of the broader divorce process.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[Which co-parent makes medical decisions for a child?]]>https://www.terryhartlaw.com/?p=476652026-07-23T19:00:15Z2026-07-23T19:00:15ZThe co-parent who makes medical decisions for a child is typically the one who has legal custody rights. In many cases, parents will have shared legal custody rights, meaning they have to work together to make these important decisions. But if one parent has sole legal custody rights, then they do have the individual power to make decisions on their own.For instance, perhaps you have a young child who needs to go to the pediatrician. The doctor recommends certain shots or vaccines as the child gets older. If you have legal custody rights, you can decide which ones to authorize or if there are any you would rather avoid.
Is this different from physical custody?
Yes, it is important to note that physical and legal custody rights are not always divided the same way.For instance, both parents may be granted physical custody rights. The child will live with each of them at specific times, and they set up a schedule to make custody exchanges.But, simultaneously, the court could decide to give just one parent the legal custody rights they need to make decisions about healthcare, education, religion, finances and much more. The other parent would not have the ability to make these decisions on their own, even if the child was living with them. They may be able to authorize medical care in an emergency, but routine medical decisions would have to be made by the parent who was granted that authority by the court.Naturally, these crucial decisions can sometimes lead to conflict between co-parents, who need to be well aware of their legal rights and the options they have.
]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[Must business owners split their companies 50/50 during divorce?]]>https://www.terryhartlaw.com/?p=476622026-07-11T12:56:24Z2026-07-11T12:56:24ZAn even split of all assets isn't mandatory
The Texas community property statute imposes a presumption that an even split of the marital estate is a fair property division arrangement. However, spouses can present evidence to the courts challenging that presumption and showing that a more imbalanced distribution of property is the best and fairest solution.
Spouses can also either negotiate arrangements with one another or present evidence to a judge to pursue an order that allows for sole ownership of the business after the divorce. Typically, the business owner may need to make concessions, such as offsetting the value of the company with investments, home equity or even marital debts.
Those facing a complex property division process typically need legal guidance and assistance when strategizing for the best possible outcome. Working with a Texas divorce lawyer as soon as possible during divorce can be beneficial for those with valuable marital property, such as businesses and professional practices accordingly.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[Divorce rates tend to rise in late summer]]>https://www.terryhartlaw.com/?p=476612026-07-01T09:42:24Z2026-07-01T09:42:24ZDivorce rates tend to spike at certain times. Some reports point to an initial spike early in the year, such as in January and moving into the spring, and then another spike in the late summer months. These divorces could take place prior to the start of a new school year or even in the late summer and early fall, after the children have returned to school.So, while divorce rates may be relatively low right now, in June, there is a chance that they could rise significantly in the next few months. Why does this happen?
Common life events
Often, the issue is that people are just avoiding events in their lives that would make divorce harder. The reason why divorce tends to spike in January, for instance, is that people are hesitant to file for divorce around Thanksgiving or Christmas. They wait until the holidays are over.The same sort of thing can happen in the summer. Life gets a bit more chaotic when the kids get out of school. Many families take summer vacations or road trips. They spend time seeing family members.But as the summer winds down, couples find themselves looking toward the new school year and considering what their future is going to look like. At this point, parents who are unhappy may decide that it is finally time to go through with a divorce. It can also make it easier to split up child custody, especially when both parents have to work, because the kids will initially be in school once it starts back up in the fall.
Your divorce options
Do you believe that you and your spouse may get divorced in the coming months? It is important to consider property division, child custody rights and much more, so be sure you know what legal options you have.
]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[What happens if your co-parent violates a custody order?]]>https://www.terryhartlaw.com/?p=476602026-06-30T16:19:34Z2026-06-30T16:19:34ZDocument every violation
Keeping detailed records can make it easier to show what has been happening if the problem continues. Save text messages, emails and other written communication. It also helps to keep a log of missed exchanges, denied parenting time or other incidents, including the dates and what occurred.
The more organized your records are, the easier it may be to explain the situation if you need to take further legal action.
Follow the custody order yourself
It is understandable to feel frustrated when your co-parent ignores the custody order. Even so, withholding parenting time or making your own schedule changes could create additional problems.
A custody order remains legally binding until a court changes it, so you should continue following its terms even if your co-parent does not. Texas law also allows you to ask the court to enforce a temporary or final order. By following the order yourself, you can help protect your position while addressing the issue through the proper legal process.
Ask the court to enforce the order
If the violations continue, you can ask the court to enforce the custody order. A judge can review the evidence and determine whether the order has been violated. Depending on the circumstances, they may take steps to encourage compliance or address repeated violations.
Seeking enforcement through the court can provide a structured way to resolve the issue instead of allowing the conflict to continue.
Protect your parenting rights
Taking action sooner can help prevent custody issues from becoming even more difficult to resolve. If your co-parent continues to ignore the order, seek legal assistance to understand your options for enforcing it and protecting your time with your child.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[Will divorce reduce your net worth?]]>https://www.terryhartlaw.com/?p=476592026-06-21T03:04:36Z2026-06-21T03:04:36Zmarital property and debt, unless you have a prenuptial or postnuptial agreement that says otherwise.
Rushed decisions can be costly
Serious financial setbacks often follow decisions made in the heat of the moment rather than with clear reasoning. It’s a common pitfall among many people going through divorce. Selling a home below market value to just get it over with, cashing out a 401(k) early and taking the penalty or walking away from a business valuation fight because you're emotionally exhausted.
These choices feel like relief in the moment, but they can alter your financial position for years to come. Rash moves that seem convenient in the moment can translate into permanent erosion of long-term wealth, especially when high-value assets are involved.
Safeguard your financial future
Your net worth won’t remain the same after divorce. That part is largely out of your control. What is in your control is how strategically you protect what you’ve built before the divorce is final, whether through negotiation tactics or legal strategies focused on limiting the financial downside. It’s a conversation worth having early in the divorce process, before you do anything that could undermine your position.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[Are you and your co-parent fighting about screen time?]]>https://www.terryhartlaw.com/?p=476572026-06-04T18:01:47Z2026-06-04T18:01:47ZSummer vacation is supposed to be fun, but for many co-parents, it also inspires a familiar disagreement: screen time. When school is out and routines become more flexible, children often spend more time on tablets, phones, gaming systems and streaming services. It may not take long before one parent believes the child is spending too much time on screens while the other thinks the concern is being exaggerated.
Screen time disputes are common because co-parents often have different parenting styles. One household may strictly limit electronics and encourage outdoor activities, while the other allows more freedom during summer break. Children may quickly notice these differences and sometimes use them to their advantage.The problem is not necessarily that parents have different rules. In most custody arrangements, each parent has considerable discretion regarding day-to-day decisions while their child is in their care. Conflict usually arises when one parent believes the other’s approach is negatively affecting the child’s health, behavior, sleep schedule or academic readiness for the upcoming school year.For example, a parent may become frustrated if a child returns from the other household exhausted from late-night gaming sessions. Another may be concerned that excessive social media use is contributing to anxiety or behavioral issues. Others may argue about age-appropriate content, online safety or whether children should have unrestricted access to devices.
What can be done?
Rather than turning every screen-time disagreement into a legal battle, co-parents should first focus on communication. Discussing expectations before summer begins can often prevent misunderstandings later. Some parents find success by agreeing on broad guidelines, such as limiting devices during meals, establishing bedtime rules or requiring outdoor activity before recreational screen use.Consistency can also benefit children. While identical household rules are not always realistic, children generally adapt better when parents share similar expectations regarding technology use.In high-conflict situations, parenting plans may sometimes address technology-related concerns. Older agreements often do not mention smartphones, social media or gaming because those issues were less common when the orders were drafted. If technology disputes repeatedly create conflict, modifying a parenting plan to include clearer guidelines may be worth considering.]]>