In Texas, when no custody order exists, both parents have equal possession rights. You usually cannot withhold a child from the other parent unless there’s immediate danger; instead, file for temporary orders. Withholding that violates an order or occurs during a pending case can trigger criminal … [Read more...]
How to File for Emergency Custody in Texas
In Texas, emergency custody is a short-term court order that protects a child in immediate danger. Parents file a Motion for Temporary Orders, often paired with a same-day ex parte TRO, and judges usually hold a follow-up hearing within about 14 days. Emergency custody in Texas is a short‑term … [Read more...]
What Is Material Change in Circumstances in Texas (Child Custody & Child Support)
In Texas, courts modify custody, visitation, or support only when life has materially and substantially changed since the last order and a change serves the child’s best interests—see Texas Family Code § 156.101 (custody) and § 156.401 (support). When family life changes, your court order may … [Read more...]
Can I Fight for Custody from Another State? A Texas Family-Law Guide
As a experienced family law attorney with over 20 years of experience at Warren & Migliaccio, I have helped hundreds of Texan parents through interstate custody battles. These situations can be complex, illustrated by Sarah’s story—a single mother who called me wanting to know if her husband … [Read more...]
Does Paying Health Insurance Reduce Child Support in Texas?
As an experienced family law attorney here in Texas, I know the details of child support arrangements can get confusing—especially when life changes. That’s why I got a call from Edward after his ex-wife made a career change and lost her employer-paid health insurance. “Chris, things were … [Read more...]
Benefits of 50/50 Custody in Texas: A Comprehensive Guide from a Family Law Expert
As a Texas family law attorney with over 20 years of experience, I’ve seen how the right custody plan can change family life—not just legal outcomes. At Warren & Migliaccio, we’ve helped hundreds of families with 50/50 custody arrangements. I want to share what I’ve learned about this important … [Read more...]
How Can a Mother Lose Custody in Texas: Key Factors
Losing custody of a child is a profoundly distressing possibility for any parent. For mothers in Texas, understanding the legal landscape is crucial, especially the distinction between the custodial parent, who has primary residence and decision-making authority over the child, and the non-custodial … [Read more...]
Can Permanent Custody Be Overturned In Texas?
Yes, permanent custody can be overturned if there is strong evidence and a solid case. Understanding child custody laws in Texas is important for navigating the legal steps involved in changing a permanent custody order. This article explains the reasons, legal steps, and factors Texas courts … [Read more...]
Can a Father Get Full Custody of a Newborn? Tips and Considerations
As a family law attorney in Texas, I can tell you that it’s more common than people think for a father to seek full custody of a newborn. Vince was in a tough situation when he called me. His new baby was due in just one month. "Chris, I need help. My wife is losing it. Our decision to get … [Read more...]
Do You Still Pay Child Support if Custodial Parent Makes More Money In Texas?
If the custodial parent makes more money in Texas, does the non-custodial parent pay less in child support? This article explains how a higher income for the custodial parent affects child support payments and outlines the factors considered when modifying support responsibilities. Key … [Read more...]
