Texas Family Law Questions & Answers

Q: My son is with me for the summer, and he does not want to go back with his mom. How do I start the custody battle?

2 Answers | Asked in Family Law for Texas on Aug 12, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
Many children say this during the summer. You need to really determine what is going on. In the meantime, you need to talk to a family law attorney in your county about your options. You might consider mediation. If you don't have it yet, you can ask for an expanded standard possession order and automatically receive it -- that would get you 48% time with the child -- a fellow attorney in Houston calculated the hours of an expanded SPO and told me that it's really 48.5% of the time. Good...

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Q: Can my husband legally put his new girlfriend on his medical insurance with his last name if we are not divorced yet?

1 Answer | Asked in Family Law for Texas on Aug 8, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
No. That might get him fired for insurance fraud. He needs to talk to a family law attorney about divorce law and bigamy laws in the State of Texas. It is illegal to be married to 2 people at a time. He cannot be common law married to her if he is still married to you. I hope this is helpful.

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Q: If we have no custody paper do I have to give my child to the father?

1 Answer | Asked in Family Law for Texas on Aug 7, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
No. I urge you to immediately talk to a family law attorney. If he takes the child and disappears many times the police won't help you. I beg you to talk to an attorney before you surrender the child to him. You need court orders.

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Q: My ex and I live in texas and we have joint custody or our son,can he move to california and still have the same rights?

1 Answer | Asked in Family Law for Texas on Aug 11, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
If you and the child remain in Texas then the Texas orders control. You might need to sit down and meet with a family law attorney to understand the new changes with his long distance move. The child can skype or facetime the dad in order to keep in touch. Of course, you need to determine the travel arrangements since many airlines won't let a small child fly without an adult - airline policy. You might need to modify your current court order. Mediation is definitely an option to save time...

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Q: Mom died at when I was 10yrs, met dad at 21yrs for first time, can I file for back child support?

1 Answer | Asked in Family Law for Texas on Aug 8, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
No. The child support was for your mother to support you. Plus, you are now over the age of 18. I'm sorry for the loss of your mother. Whoever raised you had the right to ask for child support from him. I can only assume that no one ever talked to an attorney. Pity.

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Q: can alleged father be force to pay even of he wants no rights

1 Answer | Asked in Family Law for Texas on Aug 11, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
If he is the bio dad of the child, then he will be ordered to pay child support and provide health insurance for the child. But no one can force him to visit or participate in the child's life. In Texas, both bio parents are expected to take care of their children. I urge you to talk to a family law attorney in your county immediately. Most judges require DNA testing to determine bio dad.

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Q: A u.s.citizen minor mother passed away,can the illegal father get any legal status cause of the minor?

1 Answer | Asked in Family Law for Texas on Aug 12, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
Dad can be granted primary conservatorship of the child. In Texas normally a person's legal status is irrelevant. In the Houston area, we deal with this type of case on a daily basis. Good luck! Sorry for your loss. Please hire an attorney immediately.

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Q: How can court preceding's occur without being officially served papers?

1 Answer | Asked in Family Law for Texas on Aug 13, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
Being served is to give you notice that you are being sued. I think that you asked this question on another website and I've already answered it. File an Answer with your name, address, email and phone number clearly printed on it. Otherwise, the case can go forward without you. Then you could have a true legal "mess" on your hands and it can be expensive to fix. I urge you to hire an attorney. Quite frankly, I don't repair my own appliances, fix my own car or do my own dental work - hire...

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Q: non custodial parent plays European basketball are they required to pay child support for the child that lives in Texas?

1 Answer | Asked in Family Law for Texas on Aug 15, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
Parents in Texas are supposed to support their children. You might have a problem serving him with notice of a child support case. But he has to come back to the US sometimes. I urge you to talk to a family law attorney in your county about your options. Good luck!

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Q: what happens when you receive child support but don't have your kids

1 Answer | Asked in Family Law for Texas on Aug 15, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
Who has the kids? Technically the child support is for raising the minor children. You can give him the money back via a check or other form so that you have proof that he received it. You guys might want to modify custody legally. If agreed, it's only doing paperwork and should not be that expensive. Good luck!

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Q: In the state of Texas can a family service plan be enforced when initial complaint is unfounded?

1 Answer | Asked in Family Law for Texas on Aug 18, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
If CPS is involved, then you have to fight with the giant and wealthy elephant in the room. Please hire an attorney immediately to help you. Otherwise, you are looking at months before you get your kids back and CPS can change the service plan any time they feel like it to just make it difficult for you. Good luck!

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Q: Can I get sole custody of my twins?

1 Answer | Asked in Family Law for Texas on Aug 10, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
In Texas it is presumed that it will be Joint Custody. What is important are the rights and duties that each parent receives. I assume that you want to have the right to establish the children's primary residence and select their school.

I cannot tell if there are court orders in place. Normally dad can designate who picks up the children. I assume that you want to eliminate his parents in order to end their visits.

You desperately need to talk to a family law attorney in...

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Q: What are some reasons why a Dad (vs mom) would get custody of a 2 yr old who lives @moms. No drugs/criminal hist here.

1 Answer | Asked in Family Law for Texas on Aug 13, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
I've seen judges transfer custody due to lice. Also, sex offender in the home. Or, someone in the home is on drugs. So there are many reasons how a mom can lose custody of a 2 year old.

In your case, the threat is often made as a form of punishing and scaring you. I highly recommend that you hire a family law attorney immediately. You need to talk to someone in person about your case.

It is presumed joint custody in the State of Texas. Rights & Duties are what is...

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Q: I was receiving government assistance but no longer get it do I still have to put my kids father on child support?

1 Answer | Asked in Family Law for Texas on Aug 14, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
If you received government money then you assigned the TX A G office to collect the money from the father on behalf of all Texas taxpayers. You probably cannot stop the TX A G from pursuing him until they have been repaid in full. I hope this is helpful. If not, talk to an attorney in your county.

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Q: What are my options?

1 Answer | Asked in Family Law for Texas on Aug 14, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
Options for what? You might want to talk to a family law attorney in your county. There are many excellent free booklets on family law on the internet. Look under "Houston Bar Association" for a wonderful free booklet that explains basic family law. The TX A G website is also helpful. The Texas Young Lawyers Association has published many free booklets for the internet on family law matters. I hope this is helpful. If not, repost with more details.

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Q: If I take my kids dad off of child support, will he still have rights?

1 Answer | Asked in Family Law for Texas on Aug 15, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
Yes, only terminating his parental rights will end his parental rights. Judges want parents to support their kids so you might not be able to find a judge willing to sign your paperwork. I urge you to talk to a family law attorney immediately before you do anything.

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Q: My husband and I have his three children for the last six months,support is still taken from his check what do we do?

1 Answer | Asked in Family Law for Texas on Aug 17, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
Talk to a family law attorney in your county about filing for a modification and asking for legal custody. Look around for an attorney that will work with you regarding price. If mom agrees to the modification, it's only preparing paperwork for the judge to sign and stop the child support coming out of his check. Normally you have to have possession of the children for 6 months in order to change custody but if it is an emergency situation, you need to let the court know with an Affidavit...

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Q: i have a court order for my childrens father to pay child support but he refuses how do I get him to pay?

1 Answer | Asked in Family Law for Texas on Aug 17, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
Contempt. If he won't pay then he can be fined or jailed. Perhaps 6 months in jail might make him more interested in paying his child support. Please call a family law attorney in your county for more assistance.

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Q: No court order in place. I am not on birth certificate.Its proven Im the father. My child is in danger. Can i keep her?

1 Answer | Asked in Family Law for Texas on Aug 18, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
Call a family law attorney tomorrow. You need the advice of an attorney in your county. I assume no court has declared that you are the bio father of this child. If you have a DNA test, that is a good place to start but a court must determine that you are the bio dad. Good luck! Lastly, I would avoid calling CPS -- they might remove the child from your home & then you will have to "fight" to try to get her back in court.

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Q: My son in law said he would give us custody of a child but his ex wife is not my daughter how do I go about getting cust

1 Answer | Asked in Family Law for Texas on Aug 19, 2014

Answered on Aug 21, 2014

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Fran Brochstein's answer
If you have possession of the child for 6 months then you have legal standing to go to court and ask a judge for custody. It is irrelevant if you are a relative or not. I once got a "babysitter" custody because mom left and did not come back for over 6 months. I urge you to immediately talk to a family law attorney in your county about your special set of facts.

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