Most family law cases are settled, including child custody cases. But it’s one thing to settle child custody cases, and another thing to make binding settlement agreements. Texas law contains specific requirements for settlement agreements involving children. The experienced child custody lawyers of Boudreaux Hunter & Associates, LLC, know how to make enforceable child custody settlement agreements.
The founding partners of Boudreaux Hunter & Associates, LLC, are Shannon Boudreaux and Kevin Hunter. Ms. Boudreaux was named to the Dean’s list at South Texas College of Law from which she graduated in 2003. She has received a perfect “10” rating from Avvo, an attorney rating service. She has also received the Avvo Clients’ Choice Award. Mr. Hunter also graduated from South Texas College of Law. As a student, he participated in moot court advocacy contests in Georgia and in Southern California. Prior to becoming a lawyer, Mr. Hunter served in the United States Air Force.
Binding settlement agreements require more than just a handshake under Texas law. They must be in writing and also have other requirements. Three types of these agreements are commonly used in Texas. Parties can settle some of their differences by attending an informal settlement conference. Attorneys sometimes use “Rule 11” agreements. Finally, there is the mediated settlement agreement.
An informal settlement agreement is the result of a conference between the parties with or without attorneys being present. The informal settlement agreement is binding if:
However, there is a major limitation to informal settlement agreements: they are not binding settlement agreements on issues of custody. They can deal only with the parties’ divorce and the division of their property.
Of course, settlement of any part of a divorce case is desirable, but only the property side is subject to settlement under an informal settlement agreement. If the parties try to resolve custody issues under an informal settlement agreement, that agreement is not binding.
Family law cases are civil cases and therefore are subject to the Texas Rules of Civil Procedure. Rule 11 of the Texas Rules of Civil Procedure provides a way for parties and attorneys to make binding settlement agreements. Under Rule 11, the agreement must meet the following requirements to be enforceable: the agreement must be in writing, signed, and either filed with the court or recited in open court so that the court reporter can make a record of the agreement.
Civil cases cover a lot of territory, so Rule 11 is applied to many areas of law. One of those areas of law is family law. But Rule 11 agreements have drawbacks. First, they are supposed to be limited to the facts of the case, not legal conclusions, such as the best interest of the child. Second, a Rule 11 agreement can be revoked before the court signs a judgment based upon it.
Rule 11 agreements can be regarded as binding settlement agreements only to the extent that the parties do not successfully contest them. Within their limitations, Rule 11 agreements, like informal settlement agreements, can help to settle part of a case but should be utilized taking into consideration the fact that they are revocable.
Mediated settlement agreements are the best way to make binding settlement agreements regarding custody issues. With a narrow exception, mediated settlement agreements are binding, irrevocable and not subject to modification. Further, mediated settlement agreements result from mediation which is one of the best ways to settle family law disputes.
The signing requirements for mediated settlement agreements are the same as those for informal settlement agreements: The statutory no-revocation warning, the parties’ signatures and the signatures of any attorneys present. If a mediated settlement agreement meets these requirements, the party is entitled to judgment on the mediated settlement agreement notwithstanding Rule 11 or any other rule of law.
Most family law cases include settlement attempts. You should take care to retain attorneys who are experienced child custody attorneys to make sure you enter into binding settlement agreements.
Attorney Kevin Hunter at Boudreaux Hunter & Associates, LLC has experience with child custody, spousal support, high conflict divorce, and is fully equipped to guide you through the process. Learn more about Kevin on his profile here.
By Boudreaux Hunter & Associates, LLC | Posted on May 12, 2020What We Can Do For You
This review is a long time coming. I've worked with and relied on Shannon on three separate occasions over custody disputes of my eldest daughter. On all three occasions she was able to improve my situation and on two of… Jacob - AVVO REVIEW August 21, 2024
My case was a child support modification case, in the mix of other things as well. I had previously hired Shannon for my divorce case but due to personal reasons had to stop the process. I eventually was able to… Maria M. - Google May 10, 2024
Going through this time in my life was not an easy task. As a man we all know how the system can be. After speaking with Ms. Boudreaux she made me aware of my options. Her Associate Attorney Dena work… Demetrick G. - Google April 24, 2024
I cannot speak more highly of Kevin Hunter and how he performed in my family law case and I couldn't be more impressed with the level of professionalism and dedication they brought to my case. I have gone thru approx.… Joshua S. February 08, 2024
Divorce is never easy, but with Boudreaux Hunter & Associates it was less stressful. I felt that I had people who understood me and had my back. They fought for me throughout the entire process. As a father this meant… Bryan S. January 12, 2024
We had our child via surrogate; however, during the height of covid the number of guests in the hospital was limited. Our gestational carrier agreement was in another state and our child was birth in TX. The hospital couldn't do… Toyin - AVVO Review September 04, 2023
She is so intelligent and has so much knowledge, she takes the time to understand her clients and is a great active listener. Even though the pretense for me hiring her was serious and scary, Shannon was very personable and… Anonymous - AVVO REVIEW August 17, 2023
Shannon Boudreaux and her team provided my daughter and I extraordinary customer service throughout the entire process. They exemplified superior knowledge regarding the subject matter and the process, working efficiently and effectively throughout the entire process. Communication was clear and… Kim Johnson - Avvo review July 19, 2023
I reached out to Attorney Boudreaux law office regarding a very complicated interstate child custody matter. She was very hospitable, patient, and also a very good listener. She is very knowledgeable and was able to advise me on the best… ANONYMOUS April 14, 2023
Kevin Hunter did a great job, and I would recommend him to anyone going through a divorce. Ryan - AVVO REVIEW March 26, 2023
Kevin was such a pleasure to work with. He has a warm and personable demeanor and works diligently to answer all questions. His team is also amazing and always sounds happy to help. anonymous February 06, 2023
Shannon and her team were extremely supportive and helpful through my entire process. If you are looking for a lawyer who will treat you like you are their only case, and always has your best interests in mind, Shannon is… Cory - AVVO Review February 06, 2023
Kevin and his team handled the entire process exactly how we discussed during the consultation. I wanted to move quickly, and his team made it happen. Additionally, they were very responsible with my retainer, and did what they said they… Benjamin - AVVO REVIEW January 12, 2023
Shannon Helped me with my divorce, I highly recommend her! Unlike a lot of attorneys out there she is an ethical attorney who follows the letter of the law. My case was pretty straight forward with a couple curves from… Matthew - Avvo Review November 29, 2022
Kevin represented me throughout my stressful divorce. He was very professional, attentive and thorough during every step of the process. I would definitely recommend Kevin for anyone wanting a conscientious, patient and highly skilled attorney! His paralegal, Lauren, was also… Anonymous September 03, 2022
I am a father that has never been on the side of even "break even". With the terms of my divorce. This applies to every thing: visitation and support. Always felt the system was stacked against me. But after meeting… Chris - Avvo Review July 01, 2022
Shannon and her team are nothing short of amazing. I am so grateful to have had her as my attorney. She is professional, compassionate, and fierce. She made sure I knew all of my options before we proceeded and that… Lynne - Avvo Review June 24, 2022
Professional and dependable. Exceeded all expectations. Thanks to Shannon and her team for their commitment. Cezar A. - Facebook Review December 28, 2021
Shannon, Marie and rest of the team are Responsive, knowledgeable, & easy to communicate with, and a pleasure to work with – Shannon,Thank you! Mike T. - Facebook Review December 28, 2021
Professional and trustworthy Colleen M. - Facebook Review December 28, 2021Marie is very personable and quick to respond to all questions. I would highly recommend Marie for any divorce. Marie and the entire team go above and beyond. SCOTT - AVVO REVIEWER December 20, 2021
Kevin & his team were very professional from the first day I came in for their help until the very end. He showed genuine care for my case & always responded promptly to any questions or concerns I had. I… Michael N. June 30, 2021
Let’s be honest, divorce (whether you filed or your spouse filed) isn’t easy; those who’ve been through it might even say it’ll drive you crazy (or crazy-er). That’s where Boudreaux & Hunter comes in…from the initial contact with their client… Megan W. - Google Reviewer June 24, 2021
The first day I walked into Shannon's office, I was a broken man, lost, scared and unsure of what my relationship with my son would look like. That same day she listened, heard and hugged me. Sadly, my ex-wife's actions… James - Avvo Reviewer May 06, 2021
They truly care about their client/work and it shows by their work product. When you hire Boudreaux and Hunter, your hiring a team that will walk with you through your cases conclusion. They truly set the bar high through my… R. E. - Google Reviewer March 06, 2021
I’m so glad to have connected with Shannon for my legal needs. She was very professional, courteous, and quickly responded to all of my questions. I felt I had an advocate in my corner with her legal service. I highly… John – Avvo Reviewer January 20, 2021
I am very grateful for the compassion, guidance, and advocacy from Shannon Boudreaux and her team. They were very accessible when I had questions and treated me with great respect as their client. I would recommend this team to my… Jerome – Avvo Reviewer October 13, 2020
Kevin & his team were very professional from the first day I came in for their help until the very end. He showed genuine care for my case & always responded promptly to any questions or concerns I had. I… Michael N. - Google Reviewer October 06, 2020
Smart. Attentive. Caring. Shannon and her Team will help you through what could be your most difficult time. She will advocate and fight for you, but also not sugar-coat everything when and if that is necessary, which is also helpful.… Mike S. Avvo Reviewer September 11, 2020
We went through a very complex multi-year case with consistent and reliable support from Shannon, Marie, and the whole office there. They are highly skilled and capable! I am thankful to have had their support with such a stressful case… Anonymous – Avvo Reviewer July 28, 2020
I recently went through a divorce decree modification and request to remove a geo restriction. Marie was my attorney and was so kind and helpful every step of the way. She knew the realities of my case and was very… Katharine F. – Facebook Reviewer October 28, 2019
My case was a child support modification case out of bad faith and I was served the lawsuit last year. This April Shannon made the case a non-suit one. Last year I used Avvo, read reviews and shortlisted a few… Anonymous – Avvo Reviewer September 11, 2019
I live in Seattle and Miss Garcia handled a family matter on my behalf. She kept me updated and provided sound advice. She kept me confident in her abilities and everything she did for me in my absence. Most importantly,… John W. – Lawyer Legion Reviewer August 13, 2019
A number of friends and acquaintances have needed the services provided by Boudreaux Hunter & Associates. The help they needed had to do with divorce and custody. The outcomes I observed could not have been better. I received a great… Jerry D. June 30, 2019
I hired Kevin to help me with modifications that I needed to make to my divorce decree that had to do with my child. I just wish I would have found Kevin and his team when I was going through… Jennifer – Avvo Reviewer May 20, 2019
Kevin was great and was exactly what I needed. I had another attorney previously, and they were doing a poor job. Within 2 days of Kevin being on my case, my wife’s lawyer stopped bullying and harassing me and my… Josh – Avvo Reviewer May 14, 2019
I had another attorney previously, and they were doing a poor job. Within 2 days of Kevin being on my case, my wife’s lawyer stopped bullying and harassing me and my visits were restored immediately. I don’t know what I… Josh – Avvo Reviewer May 13, 2019
Professional and trustworthy. Colleen M. – Facebook Reviewer March 22, 2019Julia Cradock really helped me out in a time of need and gave me great advise. Julia is honest and trustworthy! Anonymous – Avvo Reviewer March 21, 2019
Boudreaux Hunter & Associates definitely went above and beyond this soldier’s expectations. Marcus – Facebook Review March 04, 2019
Kevin helped me on legal questions I had related to jurisdiction and alimony in other states. He was very knowledgeable and did it in a timely manner. Great job and thank you. Jay – Avvo Reviewer December 21, 2018
Shannon Boudreaux is the best family law attorney around! She was fair and honest and always kept us informed. I’d recommend her to anyone looking for a great attorney! James D. – Facebook Reviewer August 28, 2018
Shannon is an amazing woman let alone how intelligent she is, Shannon was amazing, she made sure she explained everything possible and went over and beyond especially with me not living in the Houston area. She makes sure her clients… Victoria – Avvo Review August 14, 2018
Shannon, and her team are Responsive, knowledgeable, & easy to communicate with. She will listen to you carefully, acknowledge your expectations and will sincerely tell you whether is realistic/possible to achieve your goals, according to the law and your circumstances.… Mike – Avvo Reviewer July 16, 2018
I worked with Kevin Hunter – of Boudreaux, Hunter & Associates – during my high-conflict divorce. Having to go to court in hopes of protecting my rights as a father against my ex wife was one of the scariest and… Marcus – Avvo Reviewer June 07, 2018
I worked with Kevin Hunter and Shannon Boudreaux during my high-conflict divorce. Having to go to court in hopes of protecting my rights as a father against my ex-wife was one of the scariest and nerve racking things I’ve ever… Marcus – Avvo Reviewer June 07, 2018
The best family lawyer money can buy! Guys if you’re looking for a family lawyer, she’s the one to get. I hired Shannon back in 2013. My ex-wife was taking me back to court. Shannon did her research on my… David – Avvo Reviewer June 07, 2018
Shannon, Marie and rest of the team are Responsive, knowledgeable, & easy to communicate with, and a pleasure to work with – Shannon,Thank you! Mike Tareef – Facebook Reviewer February 27, 2018
After… consultations with a couple of different attorneys from other firms and not being 100% set on hiring them, I was lucky to have finally found Shannon Boudreaux. From our very first meeting, I knew I wanted to work with… Suzanne – Avvo Reviewer June 26, 2017
I worked with both Shannon Boudreaux and Kevin Hunter – of Boudreaux, Hunter & Associates – during my high-conflict divorce. Having to go to court in hopes of obtaining a Protective Order against someone was one of the scariest things… Marcus – Avvo Reviewer June 26, 2017
I worked with both Shannon Boudreaux and Kevin Hunter - of Boudreaux, Hunter & Associates - during my high-conflict divorce. Having to go to court in hopes of obtaining a Protective Order against someone was one of the scariest things… Anonymous June 26, 2017
I have known Shannon for over 5 years and have hired her thrice….and that should sum it all ! In Shannon, one could not ask for more in terms of professionalism, positive attitude and most important…..extremely caring…..and abundant with smiles…..… Rohan – Avvo Reviewer June 08, 2017
Shannon helped me with my divorce. She is very knowledgeable and a good strategist. We were extremely prepared for our mediation. The opposing side was not prepared at al Kris – Avvo Reviewer June 02, 2017
When I was faced with divorce, I quickly hired an attorney who was eager to take my money but did absolutely nothing for me! I quickly realized I needed to hire another attorney who actually listened to my concerns and… Ginette – Avvo Reviewer June 01, 2017
Shannon and her team were excellent during all my process. I give ample recommendation of her and her firm. Thanks Shannon. Alan – Avvo Reviewer June 01, 2017
Ms. Boudreaux stands out as a respectful, professional attorney with a very kind hearted disposition in an emotionally draining and taxing environment. Family separation is filled with such charged situations – [she] displays an array of skills necessary to navigate… Lance – Avvo Reviewer June 01, 2017
Shannon listened, understood & fought for me like no other. She went above & beyond at every turn. I would recommend her to any person needing help. She is compassionate, understanding & committed. Allison – Avvo Reviewer June 01, 2017
Shannon represented me through my divorce proceedings. She is highly ethical, results-driven and obviously an expert in divorce law. Even though she has a busy practice, she was available when I had questions, patient, and focused on the success of… Katherine – Avvo Reviewer May 31, 2017
I recommend Shannon because she fought for what was right and also she took the time to clearly understand my specific needs. I turned my case over to Shannon after repeatedly getting bad results from my previous attorney. I’m glad… Laura January 25, 2017
Words can’t even begin to express my gratitude to Shannon and all her associate’s, They are so top notch… throughout the entire process of family law. Amanda – Avvo Reviewer January 24, 2017
I AM WRITING TO PROVIDE A PROFESSIONAL REFERENCE FOR KEVIN HUNTER OF HOUSTON, TEXAS. I RETAINED MR. HUNTER IN 2015. I FOUND KEVIN TO BE THE UTMOST PROFESSIONAL. HE WAS PATIENT, NONJUDGMENTAL, AND PROVIDED ME WITH THE INFORMATION I NEEDED… DR. B – AVVO REVIEWER March 10, 2016
Knowing no one for a thousand miles she made me feel like a really had not just an advocate but a friend she actually cared about. Shannon and her whole team cared about me as a person in need of… Laura – Avvo Reviewer December 24, 2015
Shannon came into my case when it was a mess from three other lawyers who did everything wrong, and the situation was very grave. But Shannon stayed positive–while keeping an eye on practical realities–and worked hard to straighten out my… Elizabeth – Avvo Reviewer December 01, 2015
[Shannon] has been there through thick, and thin. She reviewed everything thoroughly before court. Prepared me perfectly for what was to come. I could not have asked for a better lawyer, and there’s no way I’m letting her go! Kendra – Avvo Reviewer November 26, 2015
I am so thankful that I found Shannon. I had met with two other attorneys before I hired Shannon; I felt like she actually cared about my situation and that she would very competently handle my case. I was right.… Kristi – Avvo Reviewer November 23, 2015
Kevin assisted in settling my child custody case. He is extremely knowledgeable regarding very complex child custody issues. If you are going through a difficult complex custody issue you want Kevin on your side. His insight is invaluable. If you… Anonymous – Avvo Reviewer November 20, 2015
Shannon was very helpful with my issue. Modifying an agreement is not something to be done on one’s own, as I quickly learned during the first few minutes of meeting with Shannon. She explained everything, answered all my questions, and… Scott Guelker – Avvo Reviewer June 23, 2014
I recommend Shannon because she fought for what was right and also she took the time to clearly understand my specific needs. I turned my case over to Shannon after repeatedly getting bad results from my previous attorney. I’m glad… C. Smith – Avvo Reviewer June 09, 2014
After coming to terms with the unfortunate fact that my very personal familial problems needed legal consultation, I grew anxious over the idea of having to share my personal history with a complete stranger. After days of sincere research, I… Benjamin – Avvo Reviewer February 12, 2013
Shannon ended up taking on my case when I didn’t feel that my original attorney had my best interest at heart. Shannon took on my case and handled it to my satisfaction. Terry – Avvo Reviewer October 18, 2012
This case was the most terrifying thing I have faced in a long time. Shannon always ensured that I had a say in how we proceeded. She truly cared about me and my daughter! She was amazing in trial and… Missy – Avvo Reviewer October 02, 2012
It’s scary to go to an attorney having no experience with any others, and hearing all the stories you do about attorneys, but from the beginning Shannon was straightforward, honest, and I had confidence in her. She was very proactive… Wanda – Avvo Reviewer February 16, 2012
Shannon is very knowledgeable on the law. She has appeared at every hearing, early and at one time even feeling under the weather. Nothing will keep her from her cases. She was easy to reach and if you couldn’t get… Dawn – Avvo Reviewer February 15, 2012
Ms. Boudreaux represented me in divorce proceedings in the spring of 2008. Her careful attention to detail, trustworthiness, and proficiency during my trial speaks well for her profession. Paul U – Avvo Reviewe February 15, 2012
Shannon is very knowledgeable in the fields she practices in and will do everything in her power to ensure your needs are taken care of. She genuinely cares for her clients and is always there for you. It was my… Eddie – Avvo Reviewer February 15, 2012
We love Shannon and thank God she came into our lives. I have nothing but great things to say about Shannon. She is as fierce as they come and will fight like no other…glad she is on our side. She… Janet January 25, 2012