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
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... View More 
I'm currently paying child support as a non-custodial parent however, the mother of my children's grandmother also receives $500 a month for "child care". I'm also currently having to go to the custodial parent's home in order to spend time with our children because... View More
answered on Apr 11, 2024
You are only responsible for child care if you have a contractual arrangement with the child care provider to pay that provider or a court order that orders you to pay child care in addition to child support. Unless the court order specifies that you are only allowed to spend time with your... View More
The motion to enter was a final order that was agreed to in court on record and approved by judge. We just needed judge,plaintiff and defendant to sign but defendant didn’t show.
answered on Apr 11, 2024
"Order to come" is not a technical legal term with a defined meaning, so that phrase should be given its ordinary and customary meaning in the context in which it is being used.
There is a legal document called an "Order to Appear" which is commonly used to compel a... View More
Hi, my husband had an affair and had a baby during our marriage him and I have a kid together but, doesn’t give me support. Instead he neglects our child and gives more attention to the one he had with another woman. Is there anything we can get out of the divorce?
Not to mention... View More
answered on Apr 6, 2024
Provided you are able to provide proof of the domestic violence and the other baby, these would be grounds to ask for a disproportionate share (more than 50/50) of the community estate.
The community estate consists of any property that was acquired during the marriage (except for... View More
Hi, my husband had an affair and had a baby during our marriage him and I have a kid together but, doesn’t give me support. Instead he neglects our child and gives more attention to the one he had with another woman. Is there anything we can get out of the divorce?
Not to mention... View More
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answered on Apr 6, 2024
I'm sorry you're going through this situation and dealing with an abusive, selfish spouse. You're not alone, and you're not without options. But, there are no quick or easy solutions. Rather, all roads lead in one direction -- a divorce. Here are the steps I would suggest:... View More
answered on Apr 1, 2024
Prepare a Final Order in Suit Affecting the Parent-Child Relationship based on the AJ report using the standard language set forth in the Texas Family Law Practice Manual (3rd ed. or 2022 ed.). Submit the proposed Final Order to opposing counsel to determine if there are any objections. If there... View More
They also have to go to summer school as it's demanded my the state can he still be able to take them
answered on Mar 20, 2024
In the absence of a court order, yes either parent can have possession of his or her own children. That does not excuse their absences from school and you both will be liable for any truancy that may occur as parents of the children without court-ordered separate periods of possession.
You... View More
answered on Mar 13, 2024
You can contact the Office of the Attorney General through the following link: https://www.texasattorneygeneral.gov/child-support
If, for any reason, you do not want to use the OAG, you need to hire an attorney in or near the county where you live to enforce the child support order. This... View More
My son was physically harmed by his dad during a visit. It left bruises and welts from his back down his legs. CPS was called via hospital and a pending DA case is still open. I have photos and documentation of the incident. My son is 7 and blames himself because he loves his dad and said if he... View More
answered on Mar 13, 2024
Since you have a current custody order, you should 100% follow the terms of that order unless and until a modification is granted. Nothing will derail a good motion to modify faster than not following the existing court order. Not following the order demonstrates to the court that a parent does... View More
My kids live with their mom and her parents. On Saturday the kids called me saying that their mom was arguing with her parents. I showed up to pick them up and called the police because she got physical with her parents and she got arrested. Only spend 1 day in custody. Can I just keep the kids... View More
answered on Mar 11, 2024
As long as there is not already a custody order in place and you are the legal father of the children, you can retain possession of the children until a court tells you otherwise. That being said, you'd be wise to retain an experienced and competent attorney practicing in the area of family... View More
Non custodial parent asked for later pick up date but agreement was not made. There was no mutual agreements for later pick up date. Can interference charge be made?
answered on Mar 11, 2024
No, a conservator does not "forfeit' his right if he is late, but cannot successfully pursue a motion for contempt or enforcement against the other parent for refusing to surrender the child.
An "interference" charge can only be pursued if a conservator takes or... View More
They live on opposite sides of Houston. About 2 hours round trip. Mom travels often and always makes the father pick up and drop off the child from her house even though she's the one leaving town forgoing her possession. Nothing in their orders address this since she didn't travel for... View More
answered on Mar 11, 2024
If there is nothing in the custody order addressing pick up and return of the child--which is an extremely unusual situation--there is no automatic default. Texas Family Code 153.316 provides various alternatives, one of which the court "shall" order. The parties can either agree upon... View More
I’m military and my daughter went with my mom then dad while I was deployed now he doesn’t want to give her back and filed custody and he’s withholding the child from me
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answered on Mar 9, 2024
I'm sorry to hear about your difficult situation. Custody disputes can be stressful, especially when one parent is withholding the child from the other. Here are a few important points to consider:
1. Deployment orders: If your child was staying with your parents due to your military... View More
The petition was filed I'm just filling out orders , I'm doing this pro se. I want to ensure paperwork is done properly. Since I'm doing it through efile when do I file order . Hearings in March
answered on Feb 26, 2024
A custody lawsuit is not a DIY project. Unless you have substantial experience working in a law firm that practices in the area of family law, it is a very bad idea to try to represent yourself in this type of proceeding.
If you are still married to your husband and your husband is the... View More
The custodial parent has moved to Texas from another state with our child. Neither custodial or non custodial parent live in the state that has jurisdiction over our case. I had moved from that state over 10 years ago.
Can we get the case jurisdiction transferred to Texas now that neither... View More
answered on Feb 23, 2024
Yes. If you have a pending proceeding in the other state, the party filing that proceeding can non-suit the proceeding and refile it here in Texas.
A modification of an out-of-state custody order will be determined under Texas law because Texas is now the home state of the child.... View More
And if the dad doesn't have his own place and live with 8 other people in a 2 bedroom trailer house can he still get custody of the child?
answered on Feb 22, 2024
A judge can confer with the child at the age of 12 but the judge does not have to honor the child's wishes. The judge determines what the best interest of the child. Father could still get custody even if he only has two bedrooms. It is best to work custody cases out. If you go to... View More
And if the dad doesn't have his own place and live with 8 other people in a 2 bedroom trailer house can he still get custody of the child?
answered on Feb 22, 2024
A child can decide who they want to live with at the age of 18, when they are no longer considered a minor. In Texas, a Judge is required to speak with a child on who they would prefer to live with when that child reaches the age of 12. Between the ages of 10-12, the Judge can determine if... View More
My boyfriend's lawyer, while my boyfriend was in prison, said it would be best to sign as noncustodial parent. He is out now, and doing the right things to live a good life and wants to have rights to his daughter again. What steps need to be taken to make this happen? Who can we call? We... View More
answered on Feb 21, 2024
In order to change the custody arrangement, your boyfriend will need to file a SAPCR ("suit affecting the parent-child relationship") seeking a modification of the current custody arrangement with the court in the county where the child lives in California. While the outcome of every... View More
She attempted suicide 12/23/23. Woke up and bit my abdomen, an agg assault I have not supplemented the report with. She destroyed our 2700sf home in front of my 16yo daughter and 19 yo son, as well as our then 1.5yo.. she smashed glass all over the tiled floors and my daughter’s bathtub. She... View More
answered on Feb 19, 2024
It is unclear what your question is. With the exception of a legislative continuance (which would not apply in December 2023), continuances are usually within the sound discretion of the trial judge. In my experience, most trial judges are more likely to grant a trial continuance if the case has... View More
took a dna test and it came back that the child is his. I haven’t had support at all since separating and now he’s asking for another test but, at this point I don’t want to deal with him. The non custodial parent denies to do anything regarding support or seeing the child. There’s abuse in... View More
answered on Feb 12, 2024
You should contact an attorney who regularly practices in your county family court. It sounds if you wish to file for divorce. This Attorney can help prepare divorce complaint and the motion for temporary orders including spousal support and child support. This will come at a substantial cost,... View More
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