Terry L. Hart, Attorney at Law Houston Family Law Attorney | Divorce & Child Custody Lawyer 2026-10-21T15:24:00Z https://www.terryhartlaw.com/feed/atom/ WordPress On Behalf of Terry L. Hart, Attorney at Law <![CDATA[When can a court end parental rights in Texas?]]> https://www.terryhartlaw.com/?p=47703 2026-10-15T12:32:34Z 2026-10-15T12:32:34Z What legal grounds can support termination? Texas law identifies specific reasons a court may sever parental rights. One example is behavior that exposes a child to physical or emotional danger. Another is leaving a child without adequate financial support and remaining away for the period the law requires. The legal standards for ending parental rights also reflect how carefully Texas handles these cases.

The child's best interests still control the outcome

Proving one legal basis is not enough by itself. The court must also make an independent decision that termination serves the child's best interests. Courts often look at factors such as:
  • The child's current physical and emotional needs
  • The risk of present or future harm
  • The ability of the proposed caregiver to meet the child's needs
  • The stability of the home where the child would live
No single factor decides the outcome. Judges look at the full circumstances when deciding what best protects the child's safety and future well-being.

Why courts require a high level of proof

In most situations, termination ends the legal bond between parent and child. Texas law allows a narrow reinstatement process in limited cases, but courts still examine these requests closely and require persuasive evidence before they approve them. In some adoption cases involving termination, the court may need to end one legal relationship before another can move forward. A Texas family law attorney can explain what proof the court expects and how these cases generally move through the process.]]> by Terry L. Hart, Attorney at Law <![CDATA[Income changes that qualify for Texas child support modification]]> https://www.terryhartlaw.com/?p=47700 2026-10-07T11:56:17Z 2026-10-07T11:56:17Z The legal threshold: material and substantial change Texas courts may modify a child support order when there has been a material and substantial change in circumstances since the order was entered. This fact-specific standard applies based on changes in either parent's income, employment status or the child's financial needs. Texas law also allows a review based on time. After three years from the order’s issuance or last modification, a court may modify child support if the guideline amount differs from the current order by at least 20% or $100. This rule applies when the original order used statutory guidelines.

Types of qualifying income changes

Several types of income changes may support a modification request in Texas:
  • Job loss, layoffs and involuntary terminations: Courts examine whether the income loss was outside the parent's control. If a parent voluntarily changes careers or reduces working hours, the court evaluates whether the decision was made in good faith or to intentionally lower child support; if intentional, the court may calculate support based on earning capacity rather than actual income.
  • Voluntary income reduction or underemployment: If a parent chose to earn less, a court may assign income based on earning potential. This can happen even if the parent did not plan to lower support.
  • Significant raises or new employment:  A large pay increase may support a higher support amount. The increase must meet the required legal threshold.
  • Retirement: Courts assess whether the parent retired by choice or by need. They also review the parent's age, health and income from retirement benefits. Choosing to retire early does not reduce support by default.
  • Disability: A disability that reduces earning capacity may support a review. Courts examine medical records and whether the parent sought other income despite those limits.
Not all income changes meet the required standard. Courts apply the material and substantial change test to each case based on the specific facts and records filed.

Documenting an income change

Strong documentation supports a modification request. Pay stubs, tax returns and termination letters establish a parent's current financial circumstances compared to when the original order took effect. Courts rely on verified records rather than unsubstantiated claims. The Texas Family Code outlines the financial information courts consider when evaluating a modification.

What to consider before filing

If a parent's income has changed substantially, the outcome depends on whether the circumstances meet the legal standard, how long ago the order was set and whether the documentation supports the request. Knowing what courts require before filing can help a parent build a stronger case and avoid unnecessary delays.]]> On Behalf of Terry L. Hart, Attorney at Law <![CDATA[How courts use a reconstituted estate to fix marital waste]]> https://www.terryhartlaw.com/?p=47671 2026-09-25T18:43:18Z 2026-09-25T18:11:28Z Finding that a spouse wasted community assets or funds can feel like a deep betrayal. Fortunately, if the spouse’s action meets the legal threshold for fraud on the community, it may fix this imbalance by creating a reconstituted estate. 

Defining the concept of marital waste

Marital waste occurs when one spouse intentionally dissipates community assets for non-marital purposes. Common examples include buying gifts for a third party or squandering funds through heavy gambling to deprive the other spouse of marital wealth. Texas courts treat this deliberate harm as actual fraud on the community. In other cases, even without improper intent, a spouse who transfers community property without consent for less than fair market value commits constructive fraud. Recognizing these legal distinctions enables a spouse to identify valid claims and protect their financial rights during a divorce.

Calculating the value of a reconstituted estate

The court creates a reconstituted estate by adding the value of the wasted assets back into the current community property. This process mostly treats the missing money as if it were still present for calculation. A judge may use this higher total to help the innocent spouse get a fair share. Thorough records could help the court determine the total value of the shared community estate.

Achieving a just and right division

Texas law calls for a division of property that the court considers is just and right, keeping in mind the rights of each party and any children of the marriage. In the case of marital dissipation, a court might award the innocent spouse a larger part of the actual assets to offset the value that was wasted. This approach stops one party from profiting by draining shared accounts before the divorce. The court has broad power to fashion a remedy that offsets the impact of the waste.  

Protecting financial interests

Finding every transaction is key for a fair and just property division during the legal process. An attorney experienced in family law can help you build a detailed record, identify potential waste and pursue a fair outcome.]]> by Terry L. Hart, Attorney at Law <![CDATA[Can a parent change a child’s school without court approval?]]> https://www.terryhartlaw.com/?p=47670 2026-09-10T19:40:35Z 2026-09-10T19:40:35Z When 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=47668 2026-08-31T17:12:37Z 2026-08-31T17:12:37Z Going 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=47667 2026-08-25T10:59:39Z 2026-08-25T10:59:39Z How 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[Which co-parent makes medical decisions for a child?]]> https://www.terryhartlaw.com/?p=47665 2026-07-23T19:00:15Z 2026-07-23T19:00:15Z The 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[What happens if your co-parent violates a custody order?]]> https://www.terryhartlaw.com/?p=47660 2026-06-30T16:19:34Z 2026-06-30T16:19:34Z Document 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[Tips for clear communication when co-parenting]]> https://www.terryhartlaw.com/?p=47655 2026-05-22T16:10:38Z 2026-05-22T16:10:38Z Communicating with an ex probably isn’t something that you’re looking forward to, but if you share children with your ex, communication is a priority. Finding ways to keep these conversations productive and calm can be challenging.  When you’re speaking to your ex, keep the focus on the children. Allowing the conversation to veer into the issues that caused the split or anything other than the children will likely lead to heated and unproductive conversations. 

Set clear boundaries

Communication with your ex will require that boundaries be set. This should include the primary method of communication, which might be phone calls, text messages, emails, messages through a parenting app or any other option that’s mutually agreeable.  Boundaries about the times for non-emergency communication should also be set. The expectation for how long response times should be is another decision you and your ex have to make. As you do this, remember that those boundaries don’t apply when the communication is an emergency. 

Plan for compromise and disagreements

The parenting relationship will be easier for everyone if you and your ex can compromise with each other. These decisions must be based on what’s best for the children, but that doesn’t mean that there won’t be disagreements.  When a disagreement occurs, you and your ex should try to remain calm and talk through the issue. If that’s not immediately possible, it may be necessary to take a break to calm down and consider the options before readdressing the matter.  Ultimately, communication sets the stage for the entire parenting relationship. When parents can communicate with each other, the children will reap the benefits. Having all the plans for co-parenting, including communication, put into the parenting plan helps to ensure both parents are aware of how things should work. ]]> On Behalf of Terry L. Hart, Attorney at Law <![CDATA[What life changes can trigger a child support modification?]]> https://www.terryhartlaw.com/?p=47647 2026-03-27T13:01:04Z 2026-03-27T13:01:04Z Legal grounds for support adjustments Texas courts do not adjust support orders for minor changes or temporary setbacks. Instead, the law requires specific situations to ensure that any modification serves the best interest of the child and remains fair to both parents:
  • Fluctuations in earned income: A significant promotion or a job loss constitutes a material change that warrants a review of the monthly support amount. This ensures the payment reflects the parent's actual ability to pay.
  • Additional legal dependents: If the paying parent becomes legally responsible for additional children from a new marriage or relationship, the Texas Family Code allows for a downward adjustment of the original support percentage. This calculation balances the needs of all children across different households.
  • Shifts in medical coverage: A modification is often necessary if the cost of health or dental insurance changes significantly or if the parent providing the coverage can no longer access an employer-sponsored plan. The court must ensure the child remains protected while keeping the cost of the premiums reasonable and consistent with state law.
  • Changes in primary residence: When a child moves to live with a different parent, the obligation to pay support must be updated to match the child's new home. This update ensures that support funds reach the parent who is currently providing the daily care and housing for the child.
These standards can prevent parents from litigating every small life change while providing a pathway for relief when situations shift. Furthermore, the process requires filing a formal petition because informal agreements between parents are not legally enforceable in Texas.

Aiming to secure your child's future

Beyond the math of the guidelines, the long-term well-being of your child depends on a support order that reflects your current life. However, handling child support issues can be challenging. With legal advice, you may receive guidance for protecting your rights as you aim to secure your child's future.]]>