Appeals court finds a suit affecting parent-child relationship cannot be separated from the divorce suit

On Aug. 18, 2015, a trial court separated a divorce suit from the suit affecting the parent-child relationship at the request of the wife involved in the divorce proceeding. She claimed her request was due to her need to buy a house, telling the court that she could not proceed as long as the divorce was pending.

Under the Texas Family Code, if those involved with a divorce proceeding are parents of a child who is not under the continuing jurisdiction of another court, the divorce petition must have a suit affecting the parent-child relationship.

The Dallas Court of Appeals understands that under the Texas Rule of Civil Procedure 41, a trial court has wide discretion in ruling on a motion to sever a suit affecting a parent-child relationship from a divorce suit. However, the appeals court found on Wednesday, April 6, that severing an SAPCR from the divorce suit negates provisions mandated by the family code, and thereby ruled that the severance was an abuse of indiscretion.

Our attorneys at The Maynard Law Firm, PLLC, know that divorce is an extremely complicated process, and we are here to make this as easy and understandable for you and your family. To learn more about what our dedicated, caring attorneys can do for you, contact our Fort Worth legal team today by calling (817) 335-9600.