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Texas Family Law Questions & Answers
0 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Texas on
Q: My wife and I justwent through an awful cps case and the court lacked jurisdiction and they proceeded as though they had

There was another court that had ccej and they were aware and denied us a dismissal.

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Texas on
Q: Do I have to file from Texas?

I finally got an address for the dad that’s been absent for a year can I file in his state or is it better to file in Texas? If so what do I file to keep my child and I safe from domestic violence on my end.

John Michael Frick
John Michael Frick
answered on Apr 30, 2024

Under the Uniform Child Custody Jurisdiction Act, the state which is the "home state" of the child has jurisdiction over any court proceeding to establish paternity or conservatorship and possession of the child. A child's "home state" is the state where the child has... View More

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1 Answer | Asked in Divorce, Legal Malpractice and Family Law for Texas on
Q: Can I sue the lawyer who handled my divorce for malpractice in TX?

The lawyer who handled my divorce did not do anything I asked and she promised, she behaved unethically and lied to me. Please, can you provide me with the names of divorce malpractice lawyers in Texas?

John Michael Frick
John Michael Frick
answered on Apr 29, 2024

If your divorce lawyer's conduct fell below the standard of care and caused you to sustain damages, you can sue her for legal malpractice. How strong your case is depends on the particular facts and circumstances, the nature of your damages, and the likelihood you would have prevailed on the... View More

0 Answers | Asked in Family Law and Appeals / Appellate Law for Texas on
Q: Does a mother's appeal of vacated & dismissed, include the father's terminated rights if he didn't appeal?

I filed an appeal with the 3rd Court of Appeals regarding the Termination of my Parental Rights. I won the appeal and the trial court's orders were "vacated & dismissed". ONLY MY NAME is everywhere in the appeal and was wondering if ... since the father did NOT appeal, does my... View More

0 Answers | Asked in Family Law for Texas on
Q: Can CPS keep temporary conservatorship for 4 more months JUST for me to attend Nurturing Parenting Classes?

A Petition to Request Court Order for Services was filed. A petition under this does NOT ALLOW for my son to be placed outside the home, correct? And jurisdiction is to be "the county where the child lives", correct? My son was removed because my son said he didn't want to talk to... View More

1 Answer | Asked in Family Law for Texas on
Q: What portion of medical bills is the non custodial parent responsible for if the cost is higher bc he failed to keep ins

We are responsible for half and half on medical bills . But because he has failed to keep the insurance current I have had to pay out of pocket a lot more than if they had insurance. Is he legally responsible for the full amount as we are supposed to split 50/50 cost as the order states which is if... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 30, 2024

Many decrees have language that if the person ordered to carry insurance fails to provide insurance that they are 100 percent responsible. Review your order

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do I get my kids for the last weekend in May after school ends?

My papers say that I get my kids the 1st, 3rd, and 5th Friday of every month. My summer possession are as follows I get two weeks in June and two weeks in July. The papers also state that I get them in the summer for my regularly weekend visits, but that is not what I was told when they where... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

First and most importantly, your summer possession schedule is determined by exactly what your possession order says.

Normally, under the standard possession schedule in Texas, you get your weekDAY (typically Thursday) period of possession only during the school year, but you get your...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What do we need to do if we feel the custodial parent household is not safe for children.

We have been having difficulty with the custodial household. We have had instances where the child has been neglected in hygine, health, and possible excessive punishments for small things. We have had to get in touch with cps several times and nothing is being done.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

You need to hire an attorney with experience in family law to file a Motion to Modify in Suit Affecting the Parent-Child Relationship and ask for temporary orders. I strongly recommend that you stop communicating with CPS unless one of your children suffers a serious bodily injury or medical... View More

0 Answers | Asked in Libel & Slander and Family Law for Texas on
Q: My husband filed a restraing order claiming physical and mental abuse. I had to leave my home of 9years

I have no criminal record his allegations are false. I had to leave my crying twins with a alcoholic and pill addict.

0 Answers | Asked in Family Law and Domestic Violence for Texas on
Q: Can I file restraining orders on my ex husbands family?

He is in jail, hold without bond, on felony charges VOPs. Retaliation runs in his family and they are just TOXIC people. I fear for my daughter and my safety at this point.

0 Answers | Asked in Family Law for Texas on
Q: Can my lawyer give my paperwork to the courts for the other party without me agreeing in court custody case?

Paternal grandfather now wants custody/ adoption of grandson after my daughter passed away. Came & took him from my home few weeks after I buried her in Texas. Their son was killed in Dec 2022, my daughter passed from breast cancer in July 2023. The two were never married and I took care of... View More

0 Answers | Asked in Criminal Law and Family Law for Texas on
Q: What do I do if my husband and I was accused of molestation of our 17 year old and didn't do it but we left town

My husband is a felon and I've never been in trouble and we didn't do anything it's all a lie but we ran cuz he won't go back to prison what r my options

0 Answers | Asked in Family Law and Child Support for Texas on
Q: I need legal advice / or assistance taking some one off child support

I had put the father of my child on child support over a yr ago and we have reconcile I have went to attorney general office to have child support removed and they can’t seem to help

0 Answers | Asked in Civil Litigation and Family Law for Texas on
Q: can I sue family and get a restraining order?

2-3 years ago my vehicle was burglarized and items were stolen(firearm was one of them). went to my criminal defense attorney who filed paperwork over a prior incidence and thats how we caught potential leads on who burglarized the car. considering giving it to the police department. want this... View More

1 Answer | Asked in Family Law and Appeals / Appellate Law for Texas on
Q: What are the reasons a family court would issue an Omnibus Order and what entity would verify the reason if there are me

What are the reasons a family court would issue an Omnibus Order? What entity would verify the reason?

John Michael Frick
John Michael Frick
answered on Apr 16, 2024

It depends on the nature and content of the Omnibus Order. For example, an Omnibus Order might transfer a number of cases from one court to another to equalize their dockets or when a new court is created for a particular county. Some family courts enter an Omnibus Order that is really nothing... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: When initiating a divorce, if the wife asks you to pack your bags and leave and you comply.canthisbe used againstulater?

Both names on the mortgage. One doesn’t want to lose any rights to house, kids, or assets.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

It can be used against you in a temporary order hearing to award the wife temporary exclusive use and possession of the house during the pendency of the divorce action. It will not affect a final disposition of the property in your divorce decree.

1 Answer | Asked in Criminal Law, Family Law and Real Estate Law for Texas on
Q: My question is how can i fix and hold acountable for a fraud that my stepdad committed and filed with the Bexar County.

I have NO Knowledge of these two loans he filed against me none whatsoever the only way I found these is that he's going through a personal divorce with his wife and I Looked up my mom's house and I found these two file numbers with my name on 'em again against me from him using my... View More

Anthony M. Avery
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answered on Apr 15, 2024

Initially you need to hire a TX attorney to search that title. Just looking on the internet is only a start. If you are going to file suit to set aside fraudulent encumbrances, then you will need to know the title and the liens verbatim. If actual forged instruments were recorded, then a... View More

0 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: How do I file an emergency custody/support order?

I need help with money and the other parent hasn’t been in the picture in over a year or given money. What’s required or how do I do it by myself?

1 Answer | Asked in Family Law for Texas on
Q: My judge is requesting a filed document that is from the AJ ruling that includes the temporary orders.m but not sure

Not sure where I can retrieve this document or what exactly this is called

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

It depend on what the document is as to where it most likely is filed. You should ask your family law attorney's paralegal who will most likely be able to tell you exactly where to go and how to retrieve the requested document.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: my child’s father won’t sign our custody order after we have been to court and it’s been finalized.

hi my child father and I settled a custody agreement on December 1 of 2023. I I have signed my portion of the custody agreement, but he has not even though child support was supposed to go into effect on January 1, 2024. What will happen to him if he does not sign

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

It depends on whether the "agreement" arises out of mediation and is commemorated in a signed mediation settlement agreement or whether it was announced in open court and expressly irrevocable.

In many cases involving child custody, agreements reached between the parties are...
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