Texas Family Law Cases

The Texas Supreme Court established the foundational factors for determining the best interest of a child in custody proceedings. The Court set forth a non-exclusive list of factors that courts should consider, which has become the standard framework used in virtually every Texas custody case since its publication.

The Texas Supreme Court held that a spouse may recover tort damages for intentional infliction of emotional distress within the context of a divorce proceeding. This landmark decision recognized that interspousal tort immunity does not bar claims for extreme and outrageous conduct between spouses, even when those claims arise in the marital context.

The Texas Supreme Court addressed the circumstances under which a trial court may restrict a parent's constitutional right to travel by imposing geographic restrictions on the primary conservator's residence. The Court held that geographic restrictions on a parent's domicile must be justified by the child's best interest and that the restriction must be narrowly tailored.

The Texas Supreme Court clarified the standard for modifying a custody order under Texas Family Code § 156.101. The Court held that a material and substantial change in circumstances must be proven before the trial court may consider whether modification serves the child's best interest. The Court emphasized that the two-pronged test requires threshold proof of changed circumstances as a gatekeeping function, separate from the best-interest analysis.

The court addressed the calculation of child support when a parent is self-employed and has variable income. The court held that the trial court must consider all available evidence of actual income, including tax returns, business records, and lifestyle evidence, rather than simply accepting the obligor's claimed income at face value.