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Recent Blog Posts
Can Grandparents Get Custody of a Grandchild in Texas?
Grandparents can get custody of a grandchild in Texas, but only in very limited situations. Texas law gives parents a strong legal right to raise their children. A court will only give custody to a grandparent if the law allows it and the change is in the child's best interests.
If you are caring for a grandchild or believe your grandchild is living in an unsafe home in 2026, a Fredericksburg, TX family law attorney can explain whether you may be able to ask for custody.
When Can a Grandparent Ask for Custody in Texas?
In Texas, legal custody is called "managing conservatorship." A grandparent cannot ask for custody simply because they think they can provide a better home. The law requires much more than that.
Under Texas Family Code Section 102.004, a grandparent may be able to file for custody if the child's current living situation could seriously harm the child's physical health or emotional well-being. In some cases, a grandparent may also have the right to file for custody if the parents agree.
Can a Parent Move Away With a Child After a Texas Custody Order?
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 to Retirement Accounts in a Texas Divorce?
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 Is the Family Home Divided in a Texas Divorce?
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 a Parent Lose Custody for Interfering With Visitation in Texas?
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 a Child Choose Which Parent to Live With in Texas?
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.
What Happens if My Spouse Stops Paying Bills During Divorce?
If your spouse stops paying bills during a divorce, you could end up responsible for debts you didn't agree to take on. This is one of the most stressful financial problems people face during a split, and the timing couldn't be worse.
Research using U.S. Census data shows that household income often drops significantly after divorce, and families frequently face increased financial strain as they transition to separate households. When a spouse stops meeting shared financial obligations on top of that, the damage can compound quickly.
In 2026, managing those obligations while a divorce is still pending is a core family law concern, and knowing your options early can prevent serious long-term harm. Our Llano, TX divorce lawyer can help you take action before unpaid bills spiral into a bigger problem.
Can a Prenup Be Amended or Replaced After Marriage?
A premarital agreement can be amended or completely replaced after marriage in Texas. However, this is only if both spouses agree and follow specific legal requirements. A prenup does not become permanent once the wedding is over, and unfortunately, marriages do not always last forever, which is why many couples revisit earlier agreements.
According to the most recent data from the CDC, hundreds of thousands of divorces occur nationwide each year. That reality should lead many spouses to question whether their current prenup still makes sense. If you are married and considering changes to your prenup in 2026, a Llano County, TX prenuptial agreement lawyer at Law Office of Russ Alan Baker, PLLC can help explain what Texas law allows.
When Can a Texas Divorce Order Be Modified?
In Texas, divorce decrees cannot usually be modified without good cause. If you do not understand the situations when a court order can be modified, you may struggle to file a successful petition. A skilled Llano, TX family law attorney can help you make a formal request to the court and follow the right procedures.
At Law Office of Russ Alan Baker, PLLC, we have established a reputation as an upstanding, highly competent law firm, as Attorney Russ Alan Baker holds a perfect 10.0 Avvo rating. We can review your case and look at your available avenues to request a modification to your divorce decree.
Three Reasons to Modify a Divorce Decree in Texas
Very few divorces go to trial – less than 10 percent, as reported by Harvard Law Today – but in some cases, a couple may have to return to court to amend a divorce decree. Most of the time, the source of the disagreement can be traced back to finances or children. If you need help at this critical juncture, don’t hesitate to reach out to our firm.
What to Expect When CPS Is Called
As a parent, finding out that Child Protective Services (CPS) is investigating your household is alarming. However, you should not respond with panic upon receiving notice from a caseworker. A Llano, TX family law attorney can advise you of your rights as a parent and help you navigate the investigation.
During a CPS investigation, any misstep could endanger your parental rights, which makes skilled legal advocacy and counsel a must. At Law Office of Russ Alan Baker, PLLC, we have over 20 years of legal experience, so you can trust our lawyer to provide you with sound legal advice drawing from his long history of practicing family law.
When Does CPS Investigate a Household?
In general, Child Protective Services will intervene whenever there are allegations of abuse or neglect of a child. In fact, some people are required by law to report suspected abuse or neglect when there is reason to believe that a child’s physical health, mental health, or welfare is at risk (Texas Family Code Sec. 261.101). Some of these required reporters include:
From our offices Llano and Burnet, our law firm serves clients in Marble Falls, Johnson City, Blanco, Fredericksburg, San Saba, Llano County, Burnet County, Mason County, Lampasas County, Blanco County, Mills County, Gillespie County, and throughout Central Texas.
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