Understanding Your Rights When Divorce Affects Your Children’s Living Situation
Going through a divorce is one of life’s most challenging experiences, especially when children are involved. The uncertainty about where your family will live, how custody arrangements will work, and what happens during the appeals process can feel overwhelming. A recent Texas Court of Appeals case, Schvartz-Poludniewska v. Schvartz, provides crucial insights into how courts prioritize children’s well-being during complex divorce proceedings.
As a Dallas divorce attorney with over 25 years of experience serving families throughout Dallas, Irving, Garland, Richardson, and surrounding communities, I’ve seen firsthand how critical it is to understand your rights and options when children’s living arrangements are at stake. This case demonstrates why having skilled legal representation is essential for protecting your family’s interests.
Case Summary: Protecting Children’s Stability During Property Disputes
The Family Situation
In this Austin-area case, Agnieszka Karolina Schvartz-Poludniewska and Clement Schvartz were divorcing with minor children caught in the middle. The trial court’s amended final divorce decree created a challenging situation: the marital home was confirmed as the father’s separate property, and he was granted exclusive use beginning 30 days after the decree’s entry (April 23, 2025).
However, the mother had been awarded the exclusive right to designate the children’s primary residence, creating a conflict between property rights and children’s living arrangements. Adding complexity to the situation, the father lived outside the United States, while the children attended local schools and participated in extracurricular activities based on the home’s location.
The Mother’s Emergency Motion
Facing the April 23rd deadline to vacate, the mother filed an emergency motion requesting the Court of Appeals suspend portions of the decree that would force her and the children to leave their home. Her arguments centered on:
- Educational Stability: One or more children attended school and extracurricular activities near the marital home
- Limited Housing Options: The closest emergency rental she could find was over 30 minutes away from their current location
- Professional Recommendations: Her licensed professional counselor and parenting coach supported keeping the family in the home, stating that forcing them to move “may potentially impact their emotional stability”
- Previous Court Orders: Under the original decree, she would have been allowed to stay until all appeals were exhausted
Legal Framework: Family Code Section 109.002(c)
The case hinged on Texas Family Code Section 109.002(c), which allows appellate courts to suspend final orders in suits affecting the parent-child relationship (SAPCRs) “upon a proper showing.” This statute recognizes that some divorce-related orders should be stayed pending appeal when children’s welfare is at stake.
The Court of Appeals found that suspending orders to prevent disruption of children’s current living arrangements constitutes a “proper showing” under this statute. Courts have consistently held that avoiding disruption to children’s living situations or preventing potential danger to children justifies intervention.
The Court’s Decision and Reasoning
The Texas Court of Appeals granted the mother’s motion in part, finding that:
- Children’s Stability Takes Priority: The court emphasized that disrupting the children’s current living arrangements during the appeal would be inappropriate, especially given the father’s residence outside the United States.
- Balancing Property Rights: While acknowledging the father’s separate property rights in the home, the court determined that maintaining children’s stability during the appeal process outweighed temporary interference with property use.
- Remand for Hearing: Rather than impose conditions unilaterally, the court remanded the case to the trial court for a hearing to establish appropriate conditions for the mother’s continued residence, such as:
- Responsibility for routine maintenance (pool, yard, HVAC, utilities)
- Payment of associated utilities and service contracts
- Specific restrictions on property improvements
- Insurance and safety requirements
Property Division vs. Children’s Welfare
Importantly, the court denied the mother’s request to suspend other property awards in the decree. The court distinguished between:
- Child-related living arrangements: Protected under Section 109.002(c) when children’s welfare is at stake
- General property division: Governed by different statutes (Family Code Section 6.709) with stricter requirements and deadlines
The Dissenting Opinion’s Concerns
Justice Ellis’s dissent raised important procedural points, arguing that:
- Section 109.002(c) was historically intended only for custody and conservatorship issues, not property division
- The mother should have sought relief under Section 6.709, which specifically addresses temporary orders for property during appeals
- The trial court is better positioned than appellate courts to make fact-specific determinations about children’s best interests
What This Case Means for Dallas Families
Key Takeaways for Parents
This case illustrates several crucial principles that affect families going through divorce in Dallas and throughout Texas:
1. Courts Prioritize Children’s Stability When there’s a conflict between adult property rights and children’s living stability, Texas courts will generally err on the side of protecting children from unnecessary disruption.
2. Timing Matters in Legal Strategy The case shows the importance of acting quickly when circumstances threaten children’s welfare. Emergency motions can provide crucial relief, but they require proper legal framework and compelling evidence.
3. Multiple Legal Avenues Exist Different statutes provide different types of relief. An experienced family law attorney serving Dallas can identify the most appropriate legal strategy for your specific situation.
4. Documentation Is Critical The mother’s success partly relied on documentation from professional counselors supporting her position. Maintaining records of your children’s needs, school performance, and professional recommendations can be crucial evidence.
How This Affects Different Types of Divorce Cases
High Net Worth Divorces
For families with substantial assets, this case demonstrates how property complexity can intersect with children’s needs. When you’re dealing with high net worth divorce issues, having multiple properties or international assets can complicate custody arrangements.
Cases Involving Child Custody Disputes
The case shows how child custody arrangements can be affected by property decisions. When one parent has the right to designate the children’s primary residence but the other owns the family home, careful legal planning is essential.
International or Interstate Elements
With the father living outside the United States, this case highlights unique challenges when divorce involves international elements. These situations require attorneys familiar with both local Texas law and interstate/international complications.
Red Flags: When You Need Immediate Legal Action
Based on this case and my experience representing Dallas families, watch for these warning signs that require immediate legal attention:
Housing-Related Red Flags
- Receiving notice to vacate the family home during pending appeals
- Threats of trespassing charges for remaining in the marital residence
- Pressure to move children away from their schools or established routines
- Disputes over who pays utilities, maintenance, or mortgage during separation
Children-Related Red Flags
- One parent threatening to disrupt children’s schooling or activities
- Conflicts between custody arrangements and property orders
- Attempts to force geographical moves during sensitive transition periods
- Disagreements about which parent can make decisions about children’s residence
Legal Procedure Red Flags
- Missing deadlines for emergency motions or appeals
- Receiving contradictory court orders about property and custody
- Being told you have no options for protecting children’s living arrangements
- Facing property decisions that weren’t properly coordinated with custody arrangements
Strategic Considerations for Your Case
Building Your Emergency Motion
If you face similar circumstances, consider these elements that made this mother’s case successful:
1. Professional Support Documentation
- Letters from counselors, teachers, or child development professionals
- Evidence of children’s established routines and activities
- Documentation of special needs or circumstances
2. Practical Impact Evidence
- School district information and enrollment requirements
- Distance calculations to alternative housing
- Cost analysis of relocation impacts
- Evidence of the other parent’s availability and involvement
3. Legal Timing Strategy
- Understanding deadlines for different types of motions
- Coordinating emergency relief with ongoing appeal processes
- Balancing multiple legal procedures effectively
Working with Your Attorney
This case demonstrates why choosing the right Dallas divorce lawyer consultation is crucial. Look for attorneys who:
- Understand the interplay between property law and family law
- Have experience with emergency motions and appellate procedures
- Can navigate complex family situations involving multiple jurisdictions
- Will provide honest assessments about your options and likely outcomes
The Appeals Process: What to Expect
Timeline Considerations
Appeals in family law cases can take months or even years. This case shows why protecting your family’s immediate needs during that time is crucial. The court’s decision to remand for a hearing demonstrates that:
- Emergency relief is available but often comes with conditions
- Courts prefer detailed hearings to establish fair arrangements
- Temporary solutions must balance all parties’ interests
Costs and Planning
Emergency motions and appeals involve significant costs. Consider:
- Legal fees for emergency procedures
- Ongoing costs of maintaining disputed property
- Potential security or bond requirements
- Long-term financial planning during uncertain legal proceedings
Protecting Your Children’s Interests
Best Practices for Parents
Based on this case and similar situations I’ve handled in Dallas, Mesquite, DeSoto, and surrounding areas:
1. Document Everything
- Keep detailed records of children’s school performance, activities, and social connections
- Maintain evidence of your involvement in their daily routines
- Document any disruptions or proposed changes to their living arrangements
2. Prioritize Stability
- Maintain consistent routines during legal proceedings
- Avoid unnecessary changes to children’s schools or activities
- Communicate with teachers and counselors about the family situation
3. Seek Professional Support
- Consider family counseling to help children process the divorce
- Work with child development professionals who can provide expert opinions
- Maintain relationships with pediatricians and other care providers
When Mediation vs. Court Action Is Appropriate
Mediation Benefits
Many family disputes can be resolved through mediation services without requiring emergency court intervention:
- Faster resolution of immediate housing concerns
- More flexibility in crafting solutions that work for both parents
- Lower costs than emergency litigation
- Better preservation of co-parenting relationships
When Court Action Is Necessary
However, this case demonstrates situations where court intervention becomes essential:
- When one parent refuses to consider children’s needs in decision-making
- If there are threats or actual attempts to force disruptive changes
- When emergency circumstances require immediate legal protection
- If mediation has failed to resolve fundamental disagreements
Financial Implications and Support Issues
Child Support Considerations
The case mentions that the mother receives $8,472 per month in combined child support and spousal maintenance. This highlights important financial planning considerations:
- How housing costs affect support calculations
- Whether temporary living arrangements impact support obligations
- The interplay between property use and financial support
- Planning for changing circumstances during appeals
Spousal Support Factors
For families dealing with spousal support issues, this case shows how living arrangements can affect:
- The need for ongoing financial support
- Calculations of reasonable living expenses
- Temporary vs. permanent support arrangements
- Geographic restrictions on residence
FAQ: Common Questions About Divorce Appeals and Children’s Rights
What happens if my ex-spouse owns our home but I have custody of the children?
Texas courts recognize that children’s stability often outweighs property rights during divorce proceedings. You may be able to seek emergency relief allowing you to remain in the home temporarily, especially if moving would disrupt the children’s schooling or established routines. However, this relief typically comes with specific conditions about property maintenance and financial responsibilities.
Can I be forced to move during a divorce appeal?
Not necessarily. If you can demonstrate that moving would harm your children’s interests, Texas Family Code Section 109.002(c) may provide protection. Courts will consider factors like school enrollment, the other parent’s availability, professional recommendations about the children’s needs, and the practical impact of relocation.
How long can I stay in the marital home if my spouse owns it?
The duration depends on several factors, including the specific terms of your divorce decree, whether appeals are pending, and the court’s assessment of your children’s needs. In this case, the court allowed the mother to remain until the appeal process concludes, but required a hearing to establish appropriate conditions.
What if my children’s other parent lives in another state or country?
When one parent lives far away, courts are often more protective of children’s local stability. This can strengthen your case for remaining in the family home or maintaining local custody arrangements, especially if the children have established schools, activities, and social connections.
Do I need an attorney for an emergency motion about housing?
Yes, absolutely. Emergency motions require proper legal framework, compelling evidence, and understanding of complex procedural requirements. An experienced Dallas family law attorney can identify the most appropriate legal strategy and help you meet critical deadlines.
What evidence do I need to protect my children’s living arrangements?
Document everything related to your children’s established routines: school enrollment and performance, extracurricular activities, social connections, and professional recommendations from counselors or teachers. Evidence of the other parent’s involvement level and availability can also be crucial.
Why Experience Matters in Complex Family Law Cases
This case illustrates why choosing an experienced attorney is crucial when facing complex family law issues. As someone who has practiced divorce law in Dallas for over 25 years, I understand that every family situation is unique and requires a strategic approach tailored to your specific circumstances.
My Approach to Family Law
I believe in providing honest, realistic assessments rather than empty reassurances. When you’re facing difficult decisions about your family’s future, you need:
- Clear, factual analysis of your legal options and likely outcomes
- Strategic planning that considers both immediate needs and long-term consequences
- Aggressive advocacy when court action becomes necessary
- Compassionate guidance through emotionally challenging processes
Serving the Greater Dallas Area
Whether you’re in Dallas, Irving, Garland, Richardson, Mesquite, DeSoto, Grand Prairie, Lakewood, Highland Park, Forest Hills, White Rock, North Dallas, Farmers Branch, Cockrell Hill, Lancaster, Seagoville, or Duncanville, I’m committed to protecting your family’s interests with the same dedication and attention to detail.
Taking Action: Your Next Steps
If you’re facing a situation similar to the one in this case—where property decisions conflict with your children’s needs—don’t wait to seek legal guidance. Emergency situations require immediate professional attention, and delays can limit your options.
What to Bring to Your Consultation
Come prepared with:
- All court orders and legal documents related to your case
- Documentation of your children’s current schools, activities, and routines
- Financial information about housing costs and support arrangements
- Any professional recommendations or assessments about your children’s needs
- Timeline of significant events and any threats or ultimatums you’ve received
The Consultation Process
During our initial meeting, I’ll provide:
- A realistic assessment of your legal options
- Clear explanation of relevant deadlines and procedures
- Strategic recommendations based on your specific circumstances
- Transparent discussion of likely costs and timeframes
- Honest evaluation of your case’s strengths and challenges
Conclusion: Protecting What Matters Most
The Schvartz-Poludniewska case reminds us that while divorce involves complex legal and financial issues, courts recognize that children’s welfare must remain the primary consideration. When you’re facing similar challenges, having skilled legal representation can make the difference between protecting your family’s stability and being forced into arrangements that harm your children’s interests.
As your Dallas divorce attorney, I’m committed to fighting for solutions that prioritize your children’s well-being while protecting your legal rights. Every family deserves representation that combines legal expertise with genuine understanding of the human cost of family conflict.
Don’t face these challenges alone. Contact our office today to schedule a consultation and learn how we can help protect your family’s future. With over 25 years of experience in Dallas family law, I’m here to provide the strategic guidance and aggressive advocacy your family needs during this difficult time.
Remember: when children’s welfare is at stake, acting quickly and with proper legal guidance can make all the difference in achieving a positive outcome for your family.
