Blog | Law Office of Russ Alan Baker, PLLC | Llano, TX

Can a Parent Move Away With a Child After a Texas Custody Order?

2026-07-22 00:00:00

A parent cannot move a child outside the area named in a Texas custody order without first obtaining the court’s permission. Most Texas custody orders include a rule called a geographic restriction, and this rule applies whether the order came from a divorce or a custody case between unmarried parents. Breaking this rule can create serious legal trouble for the parent who moves.

If you share custody of a child and a move is part of your plans for 2026, a Llano County, TX family law attorney can explain what your order allows and what steps come next.

What Is a Geographic Restriction in a Texas Custody Order?

A geographic restriction limits the area in which the parent with the exclusive right to determine the child’s primary residence may establish that residence. Texas courts commonly include this provision in custody orders to prevent one parent from moving far away without warning. The goal is to keep the child within reach of both parents after a separation.

What Happens If You're Charged With Prostitution or Solicitation in Texas?

2026-07-11 00:00:00

Prostitution and solicitation are treated differently under Texas law. A first prostitution offense is generally a Class B misdemeanor, while a first solicitation offense is a state jail felony. Prior convictions can lead to even more serious charges.

If you were arrested in 2026, a Fredericksburg, TX prostitution defense lawyer can explain what the charge against you means and what comes next.

What Counts as Prostitution Under Texas Law?

Texas splits prostitution into two separate crimes. Under Texas Penal Code Section 43.26, a person commits prostitution if they knowingly offer or agree to accept a fee for sexual conduct.

Section 43.021 covers solicitation of prostitution. This law addresses the person offering to pay for sex, not the person offering to receive payment.

What Happens to Retirement Accounts in a Texas Divorce?

2026-06-28 00:00:00

Texas law gives married couples a claim to each other’s retirement savings built up during a marriage. This applies to 401(k)s, IRAs, and pensions; both spouses may have a claim to those accounts, regardless of whose name is on them. Filing for divorce in 2026 requires understanding how retirement accounts and pensions are divided during divorce.

A Llano, TX retirement asset division attorney can help you protect your share.

How Does Texas Law Treat Retirement Accounts in a Divorce?

Under the Texas Family Code, Chapter 3, money earned and saved during a marriage is community property. That rule applies to retirement savings even when only one spouse made the contributions.

Contributions made before the marriage are generally separate property. Investment gains tied to those pre-marital funds may also be separate. In a divorce, Texas courts divide community property in a way they consider "just and right," which does not always mean an equal split.

How Can You Clear a Criminal Record in Texas?

2026-06-11 00:00:00

A criminal record can follow you for years, showing up when you apply for a job or look for a place to live. In Texas, an arrest record stays on file with state and local agencies unless a court orders it removed or sealed. Two legal tools can help with this: an expunction or an order of nondisclosure.

If you live in Texas and want to clear an old record in 2026, our Fredericksburg, TX criminal defense attorney can walk you through your options.

What Is the Difference Between an Expunction and an Order of Nondisclosure in Texas?

An expunction destroys a record and is governed by the Texas Code of Criminal Procedure Chapter 55A. Once a court grants an expunction, the law treats the case as if it never happened, and the records are removed from state and local files.

How Is the Family Home Divided in a Texas Divorce?

2026-05-27 00:00:00

For many couples, the family home is the most valuable thing they own together. It is also one of the most complicated assets to divide when a marriage ends. Deciding what happens to it involves more than just splitting the value down the middle. According to the Federal Reserve Bank of St. Louis, which aggregates U.S. Census Bureau data, 63.6 percent of Texas households owned their homes in 2025, which means this question comes up in a significant number of divorces across the state.

Texas property law, the circumstances of the marriage, and the choices available to both spouses all play a role in what happens to a house during a divorce. Our Llano County, TX divorce attorney can help you understand your rights and what options are available to you.

Does Texas Law Require the Family Home to Be Split 50/50 in a Divorce?

Texas is a community property state, meaning most assets acquired during a marriage are jointly owned by both spouses. However, community property does not automatically mean equal property. Under Texas Family Code § 7.001, a court must divide the marital estate in a manner that is "just and right," taking into account each party's rights. That standard gives judges flexibility to weigh the specific facts of a case.

Can Blood or Urine Test Results Be Challenged in a Texas DWI Case?

2026-05-15 00:00:00

If you have been charged with a DWI in Texas in 2026, the state's case against you may rest heavily on a blood or urine test. Many people think that once a test result exists, the outcome is set. That is not true. Even when prosecutors rely heavily on chemical test evidence, a DWI case is not always guaranteed to move forward. According to the Texas Department of Public Safety’s 2024 DWI Summary Report, 2,538 DWI arrests in Texas resulted in release with no charges in 2023.

These tests are only as good as the people and steps behind them, and errors happen more often than most people know. A Marble Falls, TX DWI defense attorney can look at the testing process in your case and find any problems that could help your defense.

Can a Parent Lose Custody for Interfering With Visitation in Texas?

2026-04-19 00:00:00

In some cases, a parent can lose custody for interfering with visitation in Texas. Texas courts take court-ordered visitation seriously, and repeatedly blocking the other parent's time with a child is something judges notice and respond to. If a parent consistently violates a custody order, the other parent can ask the court to change the arrangement. A judge has the authority to reduce or even transfer custody as a result. If you are struggling with a co-parent who will not comply with your custody order in 2026, a Llano, TX child custody lawyer can help you understand your rights and what steps you can take.

What Counts as Interfering With Visitation in Texas?

Interference with visitation means doing something that prevents the other parent from exercising their court-ordered time with the child. It does not have to be dramatic to be a problem. Even repeated small violations can add up to a pattern that a court will take seriously. Common examples include:

Can I Be Charged With Family Violence if There Were No Injuries?

2026-04-04 00:00:00

In Texas, you can be charged with family violence even if the other person was not physically hurt. Texas law does not require visible injuries or a trip to the hospital for a charge to be filed. A charge can be based on nothing more than an allegation that you threatened someone or made them fear that you were going to hurt them.

That may feel unfair, especially if you believe nothing serious happened. However, a conviction can follow you for the rest of your life. If you are facing a family violence charge in 2026, our Fredericksburg, TX criminal defense lawyer can review your case and explain your options.

How Does Texas Law Define Family Violence?

Under Texas Penal Code § 22.01, assault is when a person intentionally causes bodily injury to someone, intentionally threatens someone with bodily injury, or makes physical contact with someone in a way that the other person finds offensive or provocative. When any of those things happen between people in a domestic relationship, it becomes a family violence offense under Texas Family Code § 71.004.

Can a Child Choose Which Parent to Live With in Texas?

2026-03-23 00:00:00

Children have feelings and preferences, and it can feel wrong to make major decisions about their lives without considering what they want. In Texas, a child's preference does matter. However, it is certainly not the only thing a court looks at, and it does not automatically control the outcome of a custody case.

Under Texas Family Code § 153.002, the best interest of the child is the primary consideration in all custody decisions. No matter what a child says they want, the court's job is to make sure the final arrangement truly serves that child's well-being. If you are going through a custody dispute in 2026, a Llano County, TX child custody lawyer can help you understand how the process works and fight for an outcome that protects your child's future.

How Do I Fight a Sexual Assault Charge in Texas?

2026-03-13 00:00:00

A sexual assault charge is one of the most serious accusations a person can face, and one of the most frightening. The stigma alone can feel overwhelming before a single fact has been tested in court. However, a charge is not a conviction, and the state has to prove every part of its case beyond a reasonable doubt.

If you or someone you care about is facing this situation in 2026, our Marble Falls, TX sexual assault defense lawyer can help you understand your rights and what comes next.

What Does Texas Law Say About Sexual Assault?

Under Texas Penal Code § 22.011, sexual assault means intentional sexual contact or penetration without the other person's consent, or in situations where consent cannot legally be given. In most cases, it is a second-degree felony, which carries a sentence of two to 20 years in prison and fines up to $10,000.