Child Visitation in Texas Explained | Fort Worth

Modifying Family Court Orders in Texas | Fort Worth

What happens when life outgrows your court order? The parent who once worked Monday through Friday is now on rotating shifts. One family moves across town. The child who needed bedtime stories now needs rides to tutoring and practice. In this episode, we explain how Texas law lets you update a family court order so it reflects today's reality — and what can never be changed. We start with life after the decree: conservatorship, possession, child support, and spousal maintenance are designed to evolve, while the property division is generally final — if an ex won't hand over awarded property, the remedy is enforcement under Chapter 9, not modification. Then we dig into the central hurdle of every modification: the material and substantial change test under Texas Family Code §156.101 — a significant, legally relevant shift in circumstances since the last order, measured from that date to today and proven with records, not frustration. We cover modifying custody and conservatorship (including the special §156.102 sworn affidavit required to change a child's primary residence within one year of the order), adjusting child support through its two paths — a material change OR the three-year review where the guideline amount would differ by 20% or $100 per month (§156.401) — and the legal process itself: filing in the court with continuing, exclusive jurisdiction, mediation (where most cases settle), and the final hearing. Finally, the pitfalls: informal handshake agreements that change nothing, self-help that turns a winnable modification into a contempt case against you, and the warning built into the statute — courts shall assess attorney's fees against frivolous filings. The bottom line: if your life has genuinely changed, Texas gives you a path — but you must keep following the current order to the letter until a judge signs a new one. 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.

Debt Division in a Texas Divorce Explained | Fort Worth

Who is responsible for marital debt when a Texas marriage ends? It's the question that keeps divorcing spouses up at night — and the answers surprise most people. In this episode, we walk through how debt actually gets divided in a Texas divorce, starting with the debt dilemma: why allocation matters so much for your credit score, your cash flow, and your financial freedom after the decree. Texas divides debts the same way it divides property — in a "just and right" manner based on the specific facts of the marriage, not an automatic 50/50 split. Then we bust the myths that cost people the most, including the biggest one of all: your divorce decree does NOT bind your creditors. A court in a divorce cannot interfere with a creditor's right to collect from a debtor — so if your name is on the loan and your ex stops paying, the creditor can still come after you and your credit takes the hit, no matter what the decree says. We cover classifying debt as community versus separate, the complex cases that require real analysis and litigation — business debts, tax liabilities, hidden obligations — and the costly mistakes to avoid: assuming a debt "follows" the other spouse, ignoring joint accounts, failing to refinance the house or car after divorce, overlooking hidden tax obligations, and waiting too long to get legal advice. The bottom line: protecting your financial future means closing every loop — refinancing, closing joint accounts, and building indemnification into the decree — before the ink dries. 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.

Child Custody in Texas Explained | Fort Worth

How do courts decide child custody in Texas? In this episode, we decode the legal jargon and walk through the entire Texas custody system — starting with the term that surprises most parents: Texas law doesn't actually say "custody." It says conservatorship, and the distinction matters. We explain the two forms it takes: Joint Managing Conservatorship, where both parents share the rights and duties to make major decisions about the child's upbringing (the presumption in most Texas cases), and Sole Managing Conservatorship, where one parent holds exclusive authority to make major decisions on the child's behalf. Then we cover the standard that governs every custody decision in Texas: the best interest of the child — the factors judges actually weigh, from stability and each parent's caregiving history to the child's physical and emotional needs. We break down possession schedules and how they pair with conservatorship: the Standard Possession Order presumed best for children three and older, modified schedules for children under three or parents living more than 100 miles apart, and supervised possession when there's emotional or physical risk. We also walk through custody modifications when life changes — proving a material and substantial change, showing the modification serves the child's best interests, and obtaining court approval — plus the costly mistakes that damage custody cases and why the right representation protects both your rights and your relationship with your child. 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.

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.