Law Office of Bryan Fagan PLLC Podcast

Can a Texas court permanently end your rights as a parent? In this explainer from the Law Office of Bryan Fagan, we break down the termination of parental rights in Texas, one of the most severe and permanent actions a family court can take. We explain what termination actually ends, including conservatorship, possession and access, and decision-making authority over a child's education, medic...

How do you fight back when someone is trying to permanently terminate your parental rights in Texas? In this explainer from the Law Office of Bryan Fagan, we build a step-by-step defense roadmap for parents facing a termination petition. We start with the clear and convincing evidence standard, the heavy burden of proof that sits just below the criminal standard of beyond a reasonable doubt, and e...

What are the grounds for termination of parental rights in Texas, and what must actually be proven before a judge can permanently end the parent-child relationship? In this explainer from the Law Office of Bryan Fagan, we break down why Texas courts do not terminate parental rights simply because a parent is absent, difficult, behind on support, or caught up in family conflict. We explain how Texa...

When can a Texas court terminate a parent's rights without that parent's consent? In this explainer from the Law Office of Bryan Fagan, we break down involuntary termination of parental rights, one of the most serious actions a Texas court can take, because it permanently severs the legal bond between a parent and child. We explain the two-pillar legal test under Texas Family Code Section...

Does signing away your parental rights in Texas actually end them? In this explainer from the Law Office of Bryan Fagan, we break down the critical difference between relinquishment and termination of parental rights, two terms that are often confused but are not the same legal event. Relinquishment is the parent's voluntary act of signing an Affidavit of Voluntary Relinquishment of Parental R...

What actually happens at a voluntary termination of parental rights hearing in Texas, and does signing an affidavit mean the judge will automatically end your rights? In this episode of the Law Office of Bryan Fagan podcast, we walk through the full process under Chapter 161 of the Texas Family Code, from signing and notarizing the affidavit of relinquishment to filing the termination case, waitin...

Does signing an affidavit of voluntary relinquishment immediately end your parental rights in Texas? In this episode of the Law Office of Bryan Fagan podcast, we explain why the answer is no and why relinquishing parental rights is a strict two-part process: the parent's affidavit first, then the court's decree. We walk through the execution requirements under Chapter 161 of the Texas Fami...

What are the real consequences of voluntarily terminating your parental rights in Texas, and what exactly does a parent give up if a judge grants it? In this episode of the Law Office of Bryan Fagan podcast, we walk through Chapter 161 of the Texas Family Code and the permanent legal effects every parent should understand before signing an affidavit of relinquishment. We explain why a signed affid...

Can a judge deny voluntary termination of parental rights in Texas, even when a parent wants to give up those rights? In this episode of the Law Office of Bryan Fagan podcast, we explain why the answer is yes and why a parent's signature on an affidavit of relinquishment is only the first step in a court-controlled process. We cover how termination works as a judicial decision rather than a pr...

In this episode of the Law Office of Bryan Fagan podcast, we explain how voluntary termination of parental rights works in Texas and clear up some of the most common and costly myths about it. Signing an affidavit of relinquishment does not end your parental rights. Under Texas law, only a final court order can end the parent-child relationship, and only after a judge finds that the legal requirem...

What are your parental rights in Texas, and who decides what happens when parents cannot agree about their child? In this episode of the Law Office of Bryan Fagan podcast, we explain how the Texas Constitution and Texas Family Code Section 151.001 protect a parent's right to the care, custody, and control of their child. We cover the core rights and duties every legal parent shares, from physi...

When a Texas court orders a child custody evaluation, many parents feel like their whole life is suddenly under a microscope, and the first question they ask is what the evaluator is going to ask them. In this episode of the Law Office of Bryan Fagan podcast, we explain why there is no universal script and how the evaluator's questions are shaped by the court's appointment order, the issue...

When a Texas court orders a child custody evaluation, it can feel like your entire life as a parent is being placed under a microscope, and it is natural to feel anxious when the final report does not recommend what you believe is best for your child. In this explainer episode from the Law Office of Bryan Fagan, we set aside the emotional reaction and look at custody evaluations through an objecti...

In this episode of the Law Office of Bryan Fagan podcast, we explain who is legally allowed to conduct a child custody evaluation in Texas and what parents should know about the evaluator before the process begins. We go through the requirements in Texas Family Code Chapter 107. Under Section 107.104, an evaluator generally needs at least a master's degree in a human services field, an active...

Receiving an unfavorable child custody evaluation can feel like the end of your case, but in Texas it is never the final word. In this explainer episode from the Law Office of Bryan Fagan, we break down exactly how a family law attorney challenges a custody evaluation that contains factual errors, bias, or unsupported conclusions. We start with why simply telling the judge you disagree is legally...

How long does a child custody evaluation take in Texas, and what can stretch it out? In this episode of the Law Office of Bryan Fagan podcast, we walk through the custody evaluation process from the court order that appoints the evaluator to the final report. There is no single timeline that fits every case. A narrow evaluation can finish in a few weeks, while a complex, highly contested case in a...

In this episode of the Law Office of Bryan Fagan podcast, we take on one of the most anxiety-inducing parts of a contested Texas custody case: the so-called parental fitness evaluation. The phrase doesn't appear anywhere in the Texas Family Code. It's an everyday label, not a statutory procedure, so the first step is figuring out what the court actually ordered and under what authority. We...

When a child custody evaluation is ordered in a contested Texas case, it can feel like your family's entire future has been placed under a microscope, and in this explainer the Law Office of Bryan Fagan walks you through what the evaluation report really means for your case. The most important point comes first: a custody evaluation report can be significant evidence, but it is not a custody o...

The custody evaluation home visit is one of the most stressful parts of a Texas custody dispute, and in this episode the Law Office of Bryan Fagan explains what really happens when an evaluator comes to your home and why it is not a white-glove inspection of how clean or expensive your house is. Under Texas Family Code Section 107.109, evaluating a parent's residence is not a required basic el...

If a Texas court has ordered a child custody evaluation in your contested custody case, it is completely natural to feel anxious and unsure about what comes next, and this explainer from the Law Office of Bryan Fagan walks you through the process in plain language. We start with the legal foundation, Texas Family Code Chapter 107, which governs statutory child custody evaluations. We explain how t...

Being ordered to take part in a child custody evaluation is one of the most stressful moments in a Texas family law case, and this episode of the Law Office of Bryan Fagan podcast walks parents through the process step by step to replace that anxiety with clarity and a practical plan. We explain what a custody evaluation is, who conducts it, and why trying to look like a flawless parent often back...

This episode of the Law Office of Bryan Fagan podcast demystifies psychological evaluations in Texas child custody cases, opening by addressing the biggest fear parents have — that an evaluation or a mental health diagnosis will automatically cost them custody — and clarifying that courts care about how a parent's circumstances affect the child's safety and stability rather than searching...

This episode of the Law Office of Bryan Fagan podcast provides a detailed explainer on child custody evaluations in Texas, covering what these formal forensic assessments are under Texas Family Code Chapter 107 and why judges order them in highly contested cases involving allegations of violence, neglect, substance abuse, mental illness, or major disputes over relocating a child, before explaining...

This episode of the Law Office of Bryan Fagan podcast explains what Texas judges are truly looking for in a custody case, starting with the common misconception that family court operates as a referendum on which parent made fewer mistakes and clarifying that Texas Family Code Section 153.002 instead requires the best interest of the child to be the court's primary consideration, before walkin...

This episode of the Law Office of Bryan Fagan podcast breaks down what "best interest of the child" actually means under Texas law, explaining that judges do not use a scorecard or formula but instead rely on Texas Family Code Section 153.002 and a set of guiding principles known as the Holley factors, which weigh concrete evidence such as school records against parenting ability and sta...