Texas Family Law Questions & Answers

Q: Can a good mother in tx who has had their child loose custody of them for not being able to obtain/afford a lawyer?

1 Answer | Asked in Family Law for Texas on Nov 9, 2014

Answered on Nov 16, 2014

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Adam Kielich's answer
If you do not hire counsel you will be at a significant disadvantage if the other parent has an attorney. You will be held to the same standard as an attorney before the court although you know that you do not have the same training, experience, or knowledge about the legal system that the opposing attorney has. So yes, it is definitely possible that you lose custody of your child in a case where you may have won had you had a level playing field by hiring your own attorney.

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Q: In filing a divorce is it better to be the one to file first?

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

Answered on Nov 16, 2014

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Adam Kielich's answer
Attorneys disagree about this issue. My position is that there are situations where it makes a difference but in the majority of cases it does not. I would suggest if the situation is getting complicated that you talk to an attorney now about how to proceed rather than waiting to see what happens where you may not be able to make the decision about whether your situation is one where you would benefit from filing first.

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Q: If temp. Order is dismissed can attorney general revert to previous order?

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

Answered on Nov 16, 2014

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Adam Kielich's answer
If the temporary order was dismissed the the original order becomes effective on the date of the dismissal.

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Q: What can I do if my daughters dad gets laid off and he is the one who provides her with her insurance?

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

Answered on Oct 9, 2014

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Fran Brochstein's answer
You need to read your court document. It probably says that he needs to get more insurance. If he cannot or won't, then you get it. You can then ask a court to modify the current court order and have him reimburse you for the cost of insuring the child. If no insurance, read decree if see if he is ordered to pay 100% of medical bills for letting insurance lapse.

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Q: How can I get my kids dad off child support..or is that even possible?

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

Answered on Oct 9, 2014

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Fran Brochstein's answer
Impossible to answer without more info. Have you ever accessed any state or federal monies such as WIC or food stamps? If so, he owes the taxpayers of Texas and TX A G won't let him stop paying child support until they are reimbursed in full. Take form to an attorney to review.

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Q: Can someone explain the court process for establishing paternity?

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

Answered on Oct 9, 2014

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Fran Brochstein's answer
It appears you are in TX A G court. Most are handled very quickly. They establish child support. Their paperwork regarding visitation cannot be modified. I don't like their paperwork. I highly recommend that you hire an attorney to assist you or perhaps move the case away from TX A G court. TX A G does a form of mediation that is unique to them. They really don't care about what you have to say - they don't have time - they only want to set up child support. If mom alleges that you are...

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Q: how long is does it take for child support to stop coming out of your check after a woman drops child support?

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

Answered on Oct 9, 2014

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Fran Brochstein's answer
The person with possession of the child needs to modify the current court order. You need to have the child for aporox. 6 months or have an emergency. I would hire an attorney to serve mom, ask for temporary orders to stop the child support and then have her ordered to pay your child support.

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Q: I got divorced back in '96 yet i kept my married name. i now want my maiden name back. i have a divorce decree. Now what

1 Answer | Asked in Family Law for Texas on Oct 9, 2014

Answered on Oct 9, 2014

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Fran Brochstein's answer
If the divorce decree said you can go back to your maiden name then it's done. So to social security then TX Driver's license, etc.

If not done in your divorce, then you need to file an adult name change and have a criminal background check done by submitting finger prints. It is a slow process.

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Q: if im 17 and have no guardian what am i considered?

2 Answers | Asked in Family Law for Texas on Oct 6, 2014

Answered on Oct 6, 2014

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Nancy Hui's answer
You are underage until age 18 (unless you are emancipated by the court). Your parents are your natural guardians while you are underage.

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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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