Custody Factors FAQ | Texas Family Law Powerhouse

Question 1

What are the requirements to modify a custody order or get a protective order in Texas?

Accepted Answer

This question has been addressed in 4 Texas court opinion(s), including Tatum v. Noble. Failing to show up for a scheduled hearing is a major risk; a judge recusing themselves or a case being moved to a different courtroom in the same building does not require the other party to re-serve you with notice before a default order is signed.

Question 2

When does Texas use Lenz factors vs Holley factors in child custody cases?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including In the Interest of A.N.G. and A.G.G., Children. In custody modifications, conceding that a "material and substantial change" has occurred focuses the entire legal battle on the child's "best interest." Because appellate courts give massive deference to trial judges on these issues, litigants must prioritize building a comprehensive record of stability and parental involvement at the trial level, as overcoming an "abuse of discretion" standard on appeal is a high hurdle.