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You are here: Home / Archives for Child Custody Tag

Your Guide on How to Win an Ex Parte Hearing Successfully

October 10, 2024
By Christopher Migliaccio

a client winning an ex parte hearing in court

“Did you hit him?” Jane said to ex husband Randy. “Tell me the truth because that bruise looks like you hit him.” “I told you he got mauled during his last soccer game by some bigger kid. We’re fine when he’s with me,” Randy retorted. “You know I told my lawyer I was scared you’d get … [Read more...]

Categories: Child Custody Tagged: Child Custody Tag, tro

What does “In the best interest of the child” mean in Texas?

June 17, 2024
By Christopher Migliaccio

Close-up of a young child with wet hair, looking directly at the camera with a tear on their right cheek. The background is out of focus, capturing a poignant moment that underscores the best interest of the child in any Texas custody case.

As a parent in Texas, navigating the legal system regarding child custody can be a daunting experience. When disputes arise, the paramount concern for the court will always be the "best interest of the child." This standard, enshrined in the Texas Family Code, guides judges in making crucial … [Read more...]

Categories: Child Custody Tagged: Child Custody Tag

What Happens After Temporary Custody Is Granted

May 14, 2024
By Christopher Migliaccio

A young girl in a pink sweater holds an adult's hand, looking thoughtful, on a bridge at dusk.

Parents who choose limited custody need to know what happens after temporary custody is granted. In legal terms, temporary physical custody refers to an arrangement in which an individual or entity assumes responsibility for the care, supervision, and decision-making authority over a child for a … [Read more...]

Categories: Child Custody Tagged: Child Custody Tag, Temporary Order

Primary Custody vs Joint Custody: Choosing Wisely

February 13, 2024
By Christopher Migliaccio

Two men standing in front of a chalkboard discussing Texas divorce, with the words primary custody and joint custody written on it.

Any journey through divorce involves difficult decisions. These decisions have high stakes, as they will set the course for your post-divorce life and your children’s future. One of the most important decisions someone undergoing a divorce will have to make is the type of custody arrangement they … [Read more...]

Categories: Child Custody Tagged: Child Custody Tag, Divorce & Your Children

Things Not to Say to a Child of Divorce

January 30, 2024
By Christopher Migliaccio

A poster with the words remember the kids are listening.

“I’m okay and I think the kids are doing okay too.  But it’s hard to really know what they are feeling and super hard to know what to tell them,” Mike said to his sister. He continued, “It’s like, I can’t tell them the truth about why we split at this point, they're too young to understand. … [Read more...]

Categories: Divorce Tagged: Child Custody Tag, Divorce

What Is Considered an Unfit Home for a Child: Key Factors

January 24, 2024
By Christopher Migliaccio

We need to get out of this house.

“He’s a fine dad, he loves the kids, he spends time with them, plays with them, but their room is a disaster, and I fear it’s getting dangerous around that house.  He just doesn’t take care of it and it’s becoming hazardous with peeling paint chipping off the walls and loose wires sticking out … [Read more...]

Categories: Child Custody Tagged: Child Custody Tag, Texas Child Custody Case

Understanding 10 Reasons for Sole Legal Custody Decisions

January 17, 2024
By Christopher Migliaccio

A poster with the words "10 reasons why you shouldn't have custody" highlighting the importance of sole legal custody.

Last month, a close friend of mine was dealing with a custody battle, which soured our coffee catch-ups and left us grappling with tough questions about what's best for a child. It was difficult watching him try to navigate this treacherous path. That journey hit home when we started to unpack … [Read more...]

Categories: Child Custody Tagged: Child Custody Tag, Custody

Strategies on How to Win Temporary Custody Hearing in Texas

January 9, 2024
By Christopher Migliaccio

"Evidence, evidence evidence Tom.  Soon, you'll be in a courtroom, with your ex on the other side, and the future of your children hanging in the balance as I present evidence about why you should win temporary custody," Tom's attorney said to him. "There will be some anxious moments, but … [Read more...]

Categories: Child Custody Tagged: Child Custody Tag, Temporary Order

Custodial Parent Moving Out of State: What’s Now?

December 14, 2023
By Christopher Migliaccio

An animated woman saying, "I'm moving to Florida" and an animated man saying, "You're what?"

When a custodial parent decides to move out of state, the decision can have a significant impact on both the child and the other parent. A relocation may affect visitation schedules, parenting time, and the child's relationship with the non-custodial parent. Whether you are the custodial parent … [Read more...]

Categories: Child Custody Tagged: Child Custody Tag, out of state, parent moving

Do Mothers Get Custody in Texas?

October 26, 2023
By Christopher Migliaccio

Mother on grey couch holding tulips with her daughter and both are smiling

Navigating child custody disputes can be emotional and overwhelming. Many parents come to us asking whether Texas favors mothers or whether a mother automatically gets custody. If you are a mother wondering about your rights—or a father trying to understand how Texas custody works—our Texas child … [Read more...]

Categories: Child Custody Tagged: Child custody attorney, child custody lawyers, Child Custody Tag, Divorce & Your Children

How Can a Father Get Full Custody in Texas?

October 18, 2023
By Christopher Migliaccio

A man and a little girl, possibly her father, hugging affectionately in the living room.

A common misconception is that the court favors mothers in child custody cases. Because of this misinformation, child custody disputes can feel particularly daunting and challenging for fathers. You may wonder, "How can a father get full custody in Texas? Is it even possible?" Below, we discuss the … [Read more...]

Categories: Child Custody Tagged: Child Custody Tag, father's custody

The Role of An Amicus Attorney in a Texas Child Custody Case

June 19, 2013
By Christopher Migliaccio Leave a Comment

A neatly made bed with a stuffed rabbit, nightstand, and shoes in a bedroom. Text reads: "Amicus Attorney Texas: What the Law Says and What to Expect.

An amicus attorney in Texas is a lawyer the court appoints to help the judge protect a child's best interests in a child custody case. The amicus attorney does not represent you, your ex, or your child as a client. Their job is to assist the court by reviewing the facts and advocating for the … [Read more...]

Categories: Child Custody Tagged: Child Custody Tag

How to Prove Parental Alienation in Texas: A Step-by-Step Guide

February 15, 2013
By Christopher Migliaccio

A white folder labeled "Child Custody Agreement" with a gold pen, next to text reading "How to Prove Parental Alienation in Texas.

Texas law does not use a single statute definition for “parental alienation.” In practice, you usually prove it by showing a repeated pattern of conduct that harms your child’s relationship with you. Helpful evidence can include an incident log, saved communications, witness statements, and expert … [Read more...]

Categories: Child Custody Tagged: Child Custody Tag, Divorce

Examples of Parental Alienation: What Texas Parents Need to Know

February 12, 2013
By Christopher Migliaccio

White child custody folder and parenting plan on marble desk for parental alienation in Texas, Warren & Migliaccio, L.L.P.

Parental alienation happens when one parent turns a child against the other parent through manipulation, false statements, or interference with the parent-child relationship. Common examples of parental alienation include badmouthing the other parent, blocking phone calls, denying visitation, using … [Read more...]

Categories: Divorce Tagged: Child Custody Tag, Divorce

I Lost My Job—What Happens to Child Support in Texas? A Step‑by‑Step Modification Guide for North Texas Parents

November 10, 2011
By Christopher Migliaccio

Woman and girl having financial problems

If you lose your job in Texas, your child support does not automatically change. You must keep paying under the current child support order until a judge signs a new one. Act quickly: request a review through the Texas Office of the Attorney General (OAG) or file a modification petition in court. … [Read more...]

Categories: Child Custody, Child Support Tagged: child custody atorney, child custody lawyers, Child Custody Tag, Child Support Tag, Divorce & Your Children

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Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is Co-Founding Partner and Managing Partner of Warren & Migliaccio, L.L.P., where along with Gary Warren he leads a team of attorneys serving Texas families since 2006. A graduate of Thomas M. Cooley School of Law with a B.A. in Accountancy, he oversees the firm's practice areas including debt defense, bankruptcy, divorce, child custody, and estate planning.

Licensed by the State Bar of Texas (#24053059 ✓), Christopher and his team serve clients statewide for debt defense and estate planning matters, while focusing on North Texas families for bankruptcy and family law cases. His unique financial background and nearly two decades of leadership enable him to ensure each client receives compassionate, strategic guidance.

If you have questions about this article, contact Christopher Migliaccio to discuss your situation.

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