Texas Family Law Questions & Answers

Q: How do I get my rights to my son that lives with his dad? We never married and we have A little girl too, that lives with me...

1 Answer | Asked in Family Law for Texas on Jun 24, 2013

Answered on Jul 4, 2013

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Shawn H. Smith's answer
In order to get rights to your children, you will need to file a suit affecting the parent child relationship asking for custody. Contact a couple of family law attorneys in your area to find out what you need to do specifically in your case. Good luck.

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Q: What will terminate child support payments if the parents reunite?

1 Answer | Asked in Family Law for Texas on Jun 10, 2013

Answered on Jun 23, 2013

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Shawn H. Smith's answer
There is usually a clause in the divorce decree that terminates child support payments upon remarriage of the parents. You will need to inform the attorney general of the change in circumstances to get them to stop any wage withholding etc.

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Q: If my husband was abusive, can I get a settlement?

1 Answer | Asked in Family Law for Texas on May 15, 2013

Answered on May 16, 2013

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Shawn H. Smith's answer
This is a pretty vague question, we would need a few details at least to answer fully. If you are talking about a settlement as part of a divorce, then yes. Abuse during the marriage can cause the judge to award you more of the property than they would otherwise, but it is not automatic and you would need an attorney to help you make your case to the judge.

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Q: How can my common law husband file a petition for joint custody which states my child cannot leave the state?

1 Answer | Asked in Family Law for Texas on May 15, 2013

Answered on May 16, 2013

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Shawn H. Smith's answer
He can file a petition asking for whatever he wants, that doesn't mean that the judge will grant it. Joint custody agreements often contain geographical restrictions, but they usualy refer to the child moving outside of an area, not just leaving Texas to visit another place. It sounds like you should probably get an attorney to look this over, particularly if he has a history of violence. Don't try to go in there on your own, especially if he is represented.

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Q: How much time will my husband be facing if he got arrested in Garland, Texas for aggravated assault against his father...

1 Answer | Asked in Family Law for Texas on May 4, 2013

Answered on May 11, 2013

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Shawn H. Smith's answer
If the aggravated assault was not due to the fact that he used a weapon, then they must be alleging that he caused serious bodily injury. This is a second degree felony in Texas, carrying a punishment range of 2 to 20 years in prison, with a possible fine of $10,000. The actual amount of punishment he receives will depend on several factors, including the severity of the injury and the circumstances of the assault. They will also take his criminal history into account. I see that you say he...

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Q: My husband and I were split up we have 2 boys and he fathered a child how much child support does he have to pay

1 Answer | Asked in Family Law for Texas on May 8, 2013

Answered on May 10, 2013

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Shawn H. Smith's answer
The amount of child support will be based on his income. You may want to speak with an attorney about getting an order together to handle both child support and visitation/custody assuming he wants to be in the child's life. It is always best to get this type of situation under control early so he doesn't get stuck paying back support, and you want the payments to be official, because if he is just handing her a check it may not count and she could still try to come after him later. Good...

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Q: Spouse is in jail on a family violence charge. he turned down his crt appointed attorney. will this put off court date?

1 Answer | Asked in Family Law for Texas on Apr 17, 2013

Answered on Apr 27, 2013

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Shawn H. Smith's answer
That depends on the Judge. He will still be brought before the court and admonished by the judge to either hire an attorney or accept a court appointed one. Most of the time judges will not allow this to delay things for very long, if at all. If he is doing it to delay, it will not work out well for him. The last thing you want is for the judge to be annoyed with you before the case even really starts. Also, there are probably things an attorney would be doing for him at this point that...

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Q: Can my ex husband renew his greencard?

1 Answer | Asked in Family Law for Texas on Apr 24, 2013

Answered on Apr 27, 2013

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Shawn H. Smith's answer
I am sorry, but we would probably need a good deal more information before answering this question. Try being a bit more specific.

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Q: Do i need a attorney for child support court? and will they discuss custody and visitation?

1 Answer | Asked in Family Law for Texas on Apr 25, 2013

Answered on Apr 27, 2013

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Shawn H. Smith's answer
If you don't have a court order yet you should definitely get an attorney to help you get what you want. The only situation that you would possibly want to go in without one is if you had a complete agreement as to all of the terms of the order for custody already worked out and just needed to get a judge to sign off on it. Even then, it is probably a good idea to have an attorney look over it to make sure you are not missing anything. Most attorneys will give you a free consultation if you...

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Q: I am looking for clarification on this term: conservator

1 Answer | Asked in Family Law for Texas on Apr 19, 2013

Answered on Apr 24, 2013

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Patricia Jo Holloway's answer
No, I am sorry, that is not correct. As primary, you do not have "weekend periods of possession" ordered for you. I am assuming that you are trying to cancel the other parent's Thursday evening visits when Friday is a school holiday. A Friday holiday does not cancel the Thursday visits prior to weekends that he/she does NOT have possession of the child.

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Q: Do I need family Lawyer? Would this be something regarding a custody law?

1 Answer | Asked in Family Law for Texas on Apr 9, 2013

Answered on Apr 20, 2013

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Shawn H. Smith's answer
You should definitely hire a family law attorney for this. You need to check your decree or final custody order to see if there is a residency restriction keeping them in Texas. If not, you may need to file a modification. Good luck.

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Q: Where or how can I locate a Family service center for having supervised visits with my child in a neutral setting?

1 Answer | Asked in Family Law for Texas on Sep 3, 2012

Answered on Sep 5, 2012

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Eric Stephen Lafleur's answer
Try looking here:

http://www.svdirectory.com/

The directory has three listings for Longview.

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Q: A woman I was divorced from years ago had a child and gave it my last name. It is not my child.

1 Answer | Asked in Family Law for Texas on Aug 12, 2012

Answered on Aug 14, 2012

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Eric Stephen Lafleur's answer
I think the issue will be whether she retained your last name after the divorce. Did she?

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Q: My wife and I had a verbal agruementshe left and took the kids from Austin to Houston, I am on probation for bi/fv-a

1 Answer | Asked in Family Law for Texas on Aug 12, 2012

Answered on Aug 14, 2012

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Eric Stephen Lafleur's answer
You have rights, but its not entirely clear to me what they are. First, I'm assuming that when you say you're on probation for "bi/fv-a" you mean "Assault Causing Bodily Injury - Family Violence". The next question is whether you're on probation for assaulting your wife, or someone else. I'm assuming it's your wife and, if so, it means she'll probably be named the "sole managing conservator" of the kids and you'll be named the "possessory conservator." As sole managing conservator, your...

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Q: My wife and I have had temporary custody of our niece since she was born.

1 Answer | Asked in Family Law for Texas on Aug 7, 2012

Answered on Aug 9, 2012

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Eric Stephen Lafleur's answer
Well, it would help to have a little more detail about what you mean by temporary custody, and how long you've had it/how long your niece has been living with you. Do you mean that the niece has simply been living with you, or that there was a court order granting you temporary custody? If there was a temporary order, then you will want to go back to the court that issued it and try to get a final order. If not, you need to file a petition to adopt your niece.

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Q: What constitutes common law marriage in Texas?

1 Answer | Asked in Family Law for Texas on Aug 6, 2012

Answered on Aug 9, 2012

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Eric Stephen Lafleur's answer
Texas Family Code Sec. 2.401 sets out the requirements for a common law, or informal, marriage. They are:

1. A man and woman agreed to be married;

2. After the agreement, the man and woman lived together; and

3. They represented themselves to others as husband and wife.

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Q: I moved from tx to nc when my son was 3 wks old. Never married to father. Been in NC for 11 months and had temp orders

1 Answer | Asked in Family Law for Texas on Apr 26, 2012

Answered on May 7, 2012

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Daniel Abasolo's answer
The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) governs where child custody cases are heard and what courts have jurisdiction in all 50 states. When a court issues orders concerning conservatorship, visitation, or support of a child it becomes the "court of continuing exclusive jurisdiction" under the UCCJEA. In your case, the TX court apparently issued temporary orders concerning the child. Under the UCCJEA temporary orders alone are enough for continuing exclusive...

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Q: Is there anything that would allow a grandparent to file for a motion to access their grandchilder in Texas law?Housto

1 Answer | Asked in Family Law for Texas on May 4, 2012

Answered on May 7, 2012

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Daniel Abasolo's answer
The Supreme Court and Texas law recognizes the overwhelming interest parents have in raising their children. The court will not usurp parental authority and judgment without a good reason. Still, grandparents have some limited ability to seek conservatorship or access:

Conservatorship is a bundle of rights that allows a person to act sort of like a legal parent to a child. Grandparents can seek managing conservatorship under specific circumstances. TFC (Texas Family Code)§ 102.004...

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Q: There are not custody papers in place can I take my child to out of state without it being chil abduction?

2 Answers | Asked in Family Law for Texas on Apr 23, 2012

Answered on Apr 25, 2012

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Mr. Min G Kim's answer
If there is no court order regarding child custody, than as the father of the child, you have equal rights to the child's welfare just as much as the mother of the child. Its just as if the mother of the child took the child and moved to another state. Unless there is a court order regarding child custody, than she would be able to legally do so.

Consult with your ex spouse to make sure she doesn't raise an issue. She could file for child custody here in Texas if the child has been...

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Q: Am order to pay child support to my mom for my son for both me and my ex and my ex gets him every other weekend and i

1 Answer | Asked in Family Law for Texas on Apr 8, 2012

Answered on Apr 9, 2012

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Mr. Min G Kim's answer
In Texas, generally the primary custodian of the child will be entitled to receive child support. From you facts, it sounds like you are the parent with visitation rights or supervised visitation. You court order should state what your visitation rights are. A person's right to see the child may be restricted if that person has been alleged to have done some sort of violence towards the other spouse and/or the child.

In regards to receiving the court date, you should have been given...

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