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Tracing Separate Property in Texas Divorce

Published: September 4, 2025
Author: Christopher Migliaccio — Bar #24053059
Updated: September 4, 2025  •  Reading Time: 20 min read

A man gives husband part of house after a divorce. Division of jointly acquired property, conclusion of a marriage contract. Dispute between spouses. Protection of rights, conflict resolution.

In a Texas divorce, you prove separate property by rebutting the community presumption with clear and convincing evidence that tracks the asset from separate source to today through any mutations. Bank records, deeds, closing papers, and expert tracing schedules typically supply the proof courts … [Read more...]

Categories: Divorce Tagged: Divorce, Divorce Law, family attorney, Property Division, separate property

Does POA End at Death in Texas?

Published: September 2, 2025
Author: Christopher Migliaccio — Bar #24053059
Updated: September 2, 2025  •  Reading Time: 21 min read

Power of attorney text concept isolated over white background

In Texas, every power of attorney—durable, general, medical, or springing—ends the instant the principal dies. Under Estates Code §751.131, an agent’s authority stops at death; afterward, only a court-appointed executor or administrator with Letters may handle the estate. What this means for … [Read more...]

Categories: Estate Planning Tagged: Durable power of attorney, estate planning attorney, Estate Planning Tag, last will, power of attorney

How to File for Emergency Custody in Texas

Published: August 27, 2025
Author: Christopher Migliaccio — Bar #24053059
Updated: September 2, 2025  •  Reading Time: 17 min read

Parental Rights and Custody Arrangements paper in clipboard on office table

In Texas, emergency custody is a short-term court order that protects a child in immediate danger. Parents file a Motion for Temporary Orders, often paired with a same-day ex parte TRO, and judges usually hold a follow-up hearing within about 14 days. Emergency custody in Texas is a short‑term … [Read more...]

Categories: Child Custody Tagged: child custody lawyer, Child Custody Tag, Child Support Tag, Divorce, Divorce & Your Children, Texas Child Custody Case

How to Choose a Family Law Attorney in North Texas

Published: August 22, 2025
Author: Christopher Migliaccio — Bar #24053059
Updated: September 2, 2025  •  Reading Time: 17 min read

Male Attorney With Arms Crossed. Lawyer In Office

To choose the right family law attorney in Texas, prioritize deep family-law experience and DFW courtroom knowledge, and confirm how they will handle temporary orders, costs, and communication so you understand next steps and realistic timelines, and feel confident the strategy fits your goals and … [Read more...]

Categories: Child Custody, Divorce Tagged: Child Custody Tag, Child Support Tag, Divorce, Divorce & Your Children, Divorce Law, Texas family law attorney

What Is Material Change in Circumstances in Texas (Child Custody & Child Support)

Published: August 20, 2025
Author: Christopher Migliaccio — Bar #24053059
Updated: August 25, 2025  •  Reading Time: 16 min read

Back view of dad sit on couch with preschooler son talking sharing thoughts or problems, loving father speak have conversation with little boy child, support him showing care and understanding

In Texas, courts modify custody, visitation, or support only when life has materially and substantially changed since the last order and a change serves the child’s best interests—see Texas Family Code § 156.101 (custody) and § 156.401 (support). When family life changes, your court order may … [Read more...]

Categories: Child Custody Tagged: child custody lawyer, Child Custody Tag, Child Support Tag, Divorce & Your Children, Richardson child custody attorney

How to Win a Child Support Modification Case in Texas (DFW Guide)

Published: August 18, 2025
Author: Christopher Migliaccio — Bar #24053059
Updated: August 25, 2025  •  Reading Time: 13 min read

Mother accompanies the child to school. Mom supports and motivates the student. caring mother gently kisses her daughter on the forehead.

To win a Texas child support modification, file promptly and prove a statutory ground under Texas Family Code §156.401. Bring guideline‑ready financial and child‑expense proof. Courts usually change orders prospectively from service or appearance, so speed and clean documentation … [Read more...]

Categories: Child Custody Tagged: Child Custody Tag, Child Support Tag, Divorce & Your Children, Richardson child custody attorney, Texas Child Custody Case

At What Net Worth Do I Need a Trust in Texas?

Published: August 15, 2025
Author: Christopher Migliaccio — Bar #24053059
Updated: August 28, 2025  •  Reading Time: 15 min read

Real estate agent hands over piggy bank for protection and care. Property insurance concept. New home purchase. A loan deal for real estate, A loan agreement for real estate

There is no fixed net worth required to create a trust in Texas. Families often establish one for privacy, blended families, special-needs heirs, or out-of-state property, and higher-value estates use trusts to save probate costs and preserve federal tax exemptions. Quick Answer: At What … [Read more...]

Categories: Estate Planning

How Many Overnights Is 50/50 Custody in Texas? A Complete Guide for Parents

Published: August 13, 2025
Author: Christopher Migliaccio — Bar #24053059
Updated: August 15, 2025  •  Reading Time: 17 min read

Sad lonely little girl hugging her teddy bear by the window

In Texas, a true 50/50 physical custody schedule equates to roughly 182–183 overnights per parent each year (183/182 in non-leap years; 183/183 in leap years). Courts emphasize substantial equality over time, not perfect day-to-day symmetry, and holiday rotations typically even out. Quick … [Read more...]

Categories: Child Custody Tagged: Child Custody Tag, Child Support Tag, Divorce & Your Children, Richardson child custody attorney, Texas Child Custody Case

What Property Is Exempt from Debt Collectors in Texas

Published: August 11, 2025
Author: Christopher Migliaccio — Bar #24053059
Updated: August 13, 2025  •  Reading Time: 15 min read

Woman writing in documents in male hands in room

Texas law protects key assets from most judgment creditors: your homestead, current wages, federal benefits, most retirement accounts, and specified personal property capped at $50,000 for single adults or $100,000 for families. Non-exempt property may be levied or frozen after judgment. … [Read more...]

Categories: Credit Card Lawsuit and Debt Tagged: Asset Protection in Lawsuits, credit card lawsuit, Credit Card Lawsuits, Debt lawsuit attorney, Lawsuit tag

How To Get Power Of Attorney For Elderly Parent: Complete 2025 Legal Guide in Texas

Published: August 8, 2025
Author: Christopher Migliaccio — Bar #24053059
Updated: September 2, 2025  •  Reading Time: 24 min read

Beauty middle aged lady teaching her mom to use computer, pay domestic bills together online, filling in health insurance, loan, receiving pension on bank account

In Texas, you secure power of attorney for an elderly parent by having them, while still mentally competent, sign the state’s durable and medical POA forms before a notary (plus two witnesses for medical), then distribute certified copies to agents, banks, and healthcare providers. Quick … [Read more...]

Categories: Estate Planning

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Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is an attorney and a Co-Founding Partner of the law firm of Warren & Migliaccio, L.L.P. Chris is a native of New Jersey and landed in Texas after graduating from the Thomas M. Cooley School of Law in Lansing, Michigan. Chris has experience with personal bankruptcy, estate planning, family law, divorce, child custody, debt relief lawsuits, and personal injury. If you have any questions about this article, you can contact Chris by clicking here.

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