Wilson Whitaker Rynell

Experienced Lawyers

info@wwrlegal.com

a blue and orange check mark with the letter w on it as the Wilson Whitaker Rynell Logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN

Discretion in Divorce Cases in Texas

ATTORNEYS IN DALLAS

Texas divorce courts have significant discretion in determining the outcome of property division and child custody.

Discretion in Divorce Cases

The Texas Family Code provides guidance on how various issues in family-law cases should be resolved. However, it does not always provide specific instructions for judges to follow. For instance, the Code does not set forth a definitive formula for dividing community property in divorce cases. Rather, it grants judges the discretion to divide community property in a manner that is just and right, which does not necessarily require an equal division.

Additionally, the Code authorizes courts to determine the amount, duration, and type of spousal support to be awarded. Finally, in cases involving child custody, judges have a considerable amount of discretion in determining conservatorship and access rights. While judges must consider the best interests of the child, they are not bound to divide custody in any particular way

Establishing Abuse of Discretion Power in Divorce Cases

Judges have the authority to exercise discretion in resolving certain issues in divorce cases. However, they are required to do so prudently, and if they fail to do so, their decision may be appealed. In order to appeal a judge's ruling in a divorce case, the party filing the appeal must show that the judge's decision constitutes an abuse of discretion. This means that the judge's decision was either indiscriminate or unreasonable or that the judge ignored applicable rules or principles. An abuse of discretion can also be demonstrated by showing that the judge did not apply the law correctly or declined to evaluate relevant facts.

It's worth noting that appellate courts will not find an abuse of discretion simply because they would have issued a different ruling. Appellate courts will affirm any ruling that is supported by material and significant evidence.

Speak with an Experienced Divorce Attorney

The experienced attorneys at Wilson Whitaker Rynell have extensive knowledge of the effective strategies required to achieve favorable outcomes in divorce cases. Our firm represents clients in divorce cases in various Texas cities, including Dallas, Austin, Houston, Fort Worth, and all cities within Dallas County, Tarrant County, Collin County, and Denton County.

a blue and orange check mark with the letter w on it for Wilson Legal Group Logo

Best Texas Divorce Lawyers

Our Dallas Divorce Attorneys Serve Clients Throughout Texas


In order to best prepare yourself during the divorce process, it is vital that you have a qualified divorce attorney by your side. Our divorce law firm is dedicated to providing knowledgeable, professional, and effective legal counsel for all types of family and divorce matters. When you work with our experienced Dallas family law attorneys, you can trust that we will have your best interests in mind.

CLIENT MATTERS


5,000+


YEARS OF SERVICE

 25+

Award Winning

Recognized in the legal industry as dedicated board-certified lawyers and Rising Stars.

Expert Team

Your project will be handled by legal experts every time. You will have the most experienced attorneys working for you. 

Quality Representation

You’ll find the support you need to ensure that things run smoothly. We’re here to help with all your legal needs.

Meet Our Team

View All
A man and a woman are sitting on a couch with their arms crossed.
By Kayla Holderman 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
A woman is sitting at a desk using a laptop computer.
By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
A little girl is sitting on a rope swing.
By Chelsea Lankford 18 Apr, 2024
Parental Alienation | Texas Child Custody Attorneys
Show More
Share by: