Child Visitation in Texas Explained | Fort Worth

Child Visitation in Texas Explained | Fort Worth

Denied time with your child, or stuck with a schedule that no longer works? In this episode, we break down how visitation actually works in Texas — starting with the fact that Texas law doesn't even use the word "visitation." The legal term is possession and access, governed by Chapter 153 of the Texas Family Code, and every decision runs through one guiding principle: the best interest of the child under §153.002. We walk through the Standard Possession Order (§153.252), the default schedule Texas courts apply when parents can't agree — the 1st, 3rd, and 5th weekends (not "every other weekend"), a weekday period during the school year, alternating holidays, and extended summer possession — plus the Expanded Standard Possession Order that's now the default for parents living within 50 miles, shifting exchanges to school pickup and drop-off and adding overnights. We cover how distance changes everything under the 100-mile rule (longer stretches, 42 days of summer, every spring break), custom schedules for children under three, and supervised visitation when a child's physical or emotional safety is at stake (§153.004). Then we get into what happens when the plan breaks down: your right to see your child even if child support is behind (the two are legally separate), why you never respond to denied visitation with self-help, and how a motion to enforce can win make-up time, contempt findings, and attorney's fees — if you've documented every denial with dates and times. Finally, we explain modifying orders under §156.101 when life changes, and emergency custody when a child needs immediate protection. The bottom line: the schedule is knowable, it's written into Texas law, and it's enforceable. For parents in Fort Worth, Tarrant County, and across Texas, the Law Office of Bryan Fagan, PLLC offers free, confidential consultations. Learn more at bryanfagan.com.

How Child Support Works in Texas | Fort Worth

Child support in Texas is a formula, not a mystery — and in this episode, we walk through exactly how that formula works, piece by piece. It starts with net resources under Texas Family Code §154.062: nearly all income — wages, overtime, bonuses, commissions, self-employment, rental income — minus only specific allowed deductions like federal income tax, Social Security, union dues, and the child's health and dental insurance. Net resources are NOT gross pay, and getting that figure right is where most of the battle is won or lost. From there, the guideline math under §154.125 applies a percentage based on the number of children: 20% for one, 25% for two, 30% for three, 35% for four, and 40% for five — applied to the first $11,700 of monthly net resources, the new cap that took effect September 1, 2025 (up from $9,200). We explain what the cap actually limits (the resources, not the total — courts can order above-guideline support for a child's proven needs under §154.126), why a Texas order must also include medical and dental support, and the misconception that trips up so many parents: 50/50 custody does NOT automatically eliminate support. We also cover changing orders under §156.401 — the material and substantial change standard, the three-year/20%-or-$100 review trigger, why the 2025 cap increase doesn't update existing orders automatically, and why you file for modification instead of quietly paying less if you lose your job. Finally, we walk through enforcement when payments stop: wage withholding, contempt, license suspension, liens, and arrears that accrue interest and generally can't be discharged in bankruptcy. For parents in Fort Worth, Tarrant County, and across Texas, the Law Office of Bryan Fagan, PLLC offers free, confidential consultations. Learn more at bryanfagan.com.

Annulment in Texas Explained: Can a Marriage Be Erased?

Can a marriage be legally erased? It's one of the most misunderstood questions in Texas family law — and in this episode, we separate the myth from the statute. An annulment doesn't end a marriage the way divorce does: divorce ends a valid marriage while recognizing it existed, but an annulment declares the marriage void, as if it never legally happened. We walk through what that distinction actually means, including void marriages that are invalid from the outset under Texas law, and why annulments are far rarer than most people expect. The heart of the episode is the seven legal grounds Texas recognizes for annulment — strict hurdles that include underage marriage, intoxication at the time of the ceremony, impotency, fraud or duress, mental incapacity, concealed divorce, and marrying too soon after a prior divorce — plus the timing rules that decide these cases, like the 72-hour rule after a marriage license is issued and the 30-day windows that can bar a claim entirely. We also cover the practical realities most people overlook: children born during an annulled marriage are still legally protected, with custody and support handled through a SAPCR (Suit Affecting the Parent-Child Relationship), and property acquired together still has to be divided. Finally, we walk through the legal process itself — evaluating your eligibility against the statutory grounds, filing a petition in district court, serving your spouse, and presenting evidence at a hearing — and why the evidence burden makes an experienced attorney so valuable in these cases. The bottom line: annulment is a narrow legal remedy, not an easy exit, and knowing whether annulment or divorce is your true path is the first strategic decision. For families across Texas, the Law Office of Bryan Fagan, PLLC offers free, confidential consultations. Learn more at bryanfagan.com.

Collaborative Divorce in Texas Explained | Fort Worth

Can you get divorced without fighting in court? For many Texas families, the answer is yes — and in this episode, we explain how. Collaborative divorce is a private, team-based process governed by the Texas Collaborative Family Law Act (Family Code Chapter 15), where both spouses and their own attorneys sign a participation agreement committing to resolve the divorce outside the courtroom. We walk through how it works: the participation agreement under §15.101 that formally starts the process, the team model that gives each spouse their own attorney plus jointly retained neutral professionals like financial specialists and child specialists, and the informal-but-complete disclosure under §15.109 that replaces formal discovery with timely, full, and candid voluntary exchange. We spend real time on the rule that defines the whole process — the withdrawal rule under §15.106: if the process fails and either spouse goes to court, both collaborative attorneys and their firms must withdraw, and you start over with new counsel. That trade-off sounds like a risk, but it's really a promise: no one on the team profits from a fight, so everyone stays focused on settlement. We also compare collaborative divorce to mediation and litigation, cover why court activity pauses while the process is active (§15.103), how communications stay confidential and privileged (§15.113, §15.114), what makes the final settlement binding and enforceable (§15.105), and when collaborative is the wrong tool — hidden assets, bad faith, family violence, or a serious power imbalance. The bottom line: you don't have to choose between an ugly court battle and simply giving in. For couples in Fort Worth, Tarrant County, and across Texas who want to restructure their lives with dignity, the Law Office of Bryan Fagan, PLLC offers free, confidential consultations. Learn more at bryanfagan.com.

Family Law Mediation in Texas Explained | Fort Worth

A husband walked into our Fort Worth office convinced his divorce was headed for an all-out courtroom battle — months of hearings, mounting fees, and a judge making deeply personal decisions about his property and his children. What he didn't realize is that the vast majority of contested family cases in Tarrant County never reach a trial: they settle at mediation. In this episode, we break down how family law mediation works in Texas — a confidential process where a neutral mediator helps both sides negotiate conservatorship, parenting plans, child support, spousal maintenance, and property division, but can never force an agreement. The final decision always stays with you. We explain why Texas courts expect mediation before setting a contested trial, and why that's good news: it's a structured, low-risk chance to settle on your own terms. We cover the Mediated Settlement Agreement — why a compliant MSA under Texas Family Code §6.602 and §153.0071 is binding the moment it's signed and generally cannot be revoked, which is exactly why you should never sign one without your own attorney in the room (the mediator is neutral and cannot advise you). We also walk through the confidentiality protections under §154.073 that let both sides negotiate openly without offers being used against them later, when mediation works best, when it doesn't — family violence, hidden assets, or emergencies requiring immediate court action — and the preparation steps that decide the result: gather your documents, set your goals, manage your emotions, and know your outcomes. The bottom line: mediation isn't about giving in — it's about taking control, and the party who walks in prepared sets the terms of the conversation. For families in Fort Worth, Tarrant County, and across Texas, the Law Office of Bryan Fagan, PLLC offers free, confidential consultations. Learn more at bryanfagan.com.