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Questions Answered by Sharita Blacknall
1 Answer | Asked in Family Law for Texas on
Q: Can my husband keep my kids from me by going to my in laws out of state and locking me out while married?
Sharita Blacknall
Sharita Blacknall
answered on Jan 27, 2023

In the absence of a court order, both parents have equal rights to their children and both spouses have equal access to the home. However, if one parent is preventing the other parent from having access to the children or the home, it may be necessary to seek a court order to establish these rights... Read more »

2 Answers | Asked in Family Law for Texas on
Q: my step daughter turns 16 next month. can her father just go pick her up . she wants to live with father not mom
Sharita Blacknall
Sharita Blacknall
answered on Jan 25, 2023

If there is a court order, it must be followed until a Judge changes it. A request for modification should be filed with court.

If there is no court order in place, then both parents have equal rights until a court order says otherwise.

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3 Answers | Asked in Child Custody and Family Law for Texas on
Q: I have a great opportunity to go to Germany for a year or two. Can my ex keep me from leaving with our child?

I have primary custody and she prefers to be with me. We no longer are able to communicate amicably. He recently married and has all of a sudden tries to make me seem as though I am not a good parent. When he only became more involved with our child 2 yrs ago. I want her to have the experiences of... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Jan 24, 2023

Review your court order for a geographic restriction. If there is a geographic restriction that limits the child's residence to a particular geographic area, then you cannot leave with the child without getting a new court order allowing it.

It is extremely difficult to get a court...
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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: What are the chances of the father of my baby getting full custody?

I’m currently pregnant. My ex-boyfriend has two kids from other women, which he has full custody of. I’m not unfit In any way, shape or form. No drug or alcohol abuse, I make good money, house will be paid for in a few years, not abusive an any kind of way. I know if I don’t want to work... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Jan 22, 2023

In Texas, sole custody is typically only considered when there is evidence of abuse, neglect, drug use, or alcoholism by one of the parents that would place the child in danger. This is because the state's primary concern is the safety and well-being of the child.

In cases where there...
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4 Answers | Asked in Family Law and Child Custody for Texas on
Q: I'm looking for clarity on the "Parents who reside more than 100 miles apart".

My son's mother is claiming that she lives more than 100 miles because 1 of the 3 routes to her house is 102 miles. The other 2 routes are 82 and 87 miles.

Sharita Blacknall
Sharita Blacknall
answered on Jan 19, 2023

If you possess documentation demonstrating that the distance between the residences is less than 100 miles and if your court-ordered visitation rights are being denied, you may file a motion for enforcement. In this motion, you may request that the mother be held in contempt of court. Additionally,... Read more »

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2 Answers | Asked in Family Law for Texas on
Q: Hi, Texas Law, My grand daughter is 13, my daughter has custody. My grand daughter doesn't wish to visit her father.

On scheduled days, he is mentally abusive, ignores her playing on-line video games 24/7 while she is with him. My daughter is willing to give up child support to end this situation. He is behind twenty grand. he would not contest this. Is there anything she can file to change current custody... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Jan 17, 2023

She can file a motion to modify her current court order.

Regarding the visitation, she will need to show that there is a material and substantial change in circumstances since the last order and that the change is not in the child's best interest.

Regarding the child support,...
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2 Answers | Asked in Family Law for Texas on
Q: My kids are staying with there mother and the mother sister reached out to me I am the father of the children I need hel

My children have not been getting feed as needed and there mother has been letting them drink alcohol my children are 14 and 15 my daughter does not feel comfortable with the guy her mother has in the home because he has made her uncomfortable by looking under her shirt while thinking she’s... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Jan 14, 2023

Take immediate action to protect your children.

Here are a couple of general options:

1. Hire a lawyer to get you custody, request supervised visitation for the mother, and an injunction that keeps the boyfriend away from kids; or

2. Contact Child protective services. But,...
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2 Answers | Asked in Estate Planning, Family Law, Child Custody and Child Support for Texas on
Q: My son's father filed writ of attachment and TRO against me claimig false abuse and neglect. I need help. Idk what to do

He has filed false claims in another state as well and I showed proof of his lies and the state not having jurisdiction. The judge's statement ruling states he frauded himself in that court. That was in Sep. He has brought basically the same accusations it an unknowing judge in Texas and now... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Jan 14, 2023

In general, you can show up at court to ask the Judge to reset the hearing to give you time to either hire a lawyer or apply for pro bono services.

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2 Answers | Asked in Family Law for Texas on
Q: Family Law Question

My child’s father is not on his birth certificate, nor he signed it. If for any reason I decide to remove child support, does he have any rights on my child after that?

Sharita Blacknall
Sharita Blacknall
answered on Jan 14, 2023

If he is on child support he has been declared the legal father with rights. In order to take those rights away from him you will have to give the court a valid reason such as abuse or neglect.

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I don’t want my son seeing his dads mom due to past abuse, can that be court ordered?

When my son was 2 his dads mom abused him, contact was cut - no cops called & dad agreed. 5 years later noncustodial parent (dad) is brought him back around her. I have a custody order in place, I am primary. His ex wife filed for divorce for full custody due to his inability to care for their... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Jan 14, 2023

It can be court ordered if the Judge agrees that it is not in the best interest of the child to have contact with the grand mother.

You will be asked to present evidence regarding the abuse if a hearing is held.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How does the pickup and drop off work with a child who lives 110 miles from the non-custodial parent?

My daughter and I live in San Antonio and her dad is in Victoria. He works some weekends and his family is not wanting to work with me on the halfway point for pickup and drop off and I've told them that I'm being nice offering because I've always read that pick up and drop off is... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Nov 15, 2022

Read your order. If your order was done correctly, it should have instructions on pick up and drop off for visitation when the parent lives more than 100 miles away. If that language is not in there then you must follow the instructions that are in your order.

If that language is not in...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for Texas on
Q: How do I find all pending charges against my cousin?

Need some good advice for my cousin to get him back on track he needs a good pro bono lawyer cuz he is caught up in some nonsense

Sharita Blacknall
Sharita Blacknall
answered on Nov 15, 2022

There is no central place for him to look for all charges. He will have to contact each county that he thinks he has pending charges. Many counties have websites where this information can be obtained. If the county does not have a website with this info, he can call the county clerk, district... Read more »

1 Answer | Asked in Family Law for Texas on
Q: What can I do if the person that has my son terminates our visit every time she doesn't like something

I get supervised visits but the lady gets mad when my son calls me mom or I let him she screams at him saying I am no one to him and if I allow him to know I'm his mom she will terminate our visits yesterday she made a huge seen at the park screaming in front of all the kids and my son he was... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Nov 7, 2022

You can file a motion to modify and ask to change the person who supervises.

You may also be able to get off supervised visitation if you can show that it is no longer necessary.

3 Answers | Asked in Child Support and Family Law for Texas on
Q: “The situation is appearing in court for a Motion for Enforcement and suit of Modification of Support Order”

My wife and I are the ones that have been trying to go to court about child support from her ex husband. My wife is wondering if we need a lawyer because of that question I posted.

Sharita Blacknall
Sharita Blacknall
answered on Sep 8, 2022

If you can afford an attorney you should get one. Enforcements and modifications are very technical. An experienced attorney will be able to help you navigate, prepare, strategize, and execute a plan based on your goals for the situation.

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My nephew who is 14 was kicked out of his home by his mother with no money, no shoes or food. Can I get custody?

He was on the streets for 19 hours before we were able to reach him, he was in North Carolina, we took him back to Texas and it took his mother two days to reach out asking about his whereabouts. She struck him in the face before the incident and she has an ongoing cps investigation when she... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Jul 18, 2022

In a situation like this, a petition for a suit affecting the parent-child relationship can be made to the court alleging abuse and neglect.

1 Answer | Asked in Family Law for Texas on
Q: Conservatorship and child support in texas for child living with godparents

Daughter has been living with them for six months, They are now filling for conservatorship even though this was supposed to be a temporary agreement.

Sharita Blacknall
Sharita Blacknall
answered on Jul 18, 2022

Yes, they have the right to file for a conservatorship if the child has lived with them for at least six months. But, that does not mean they will get it. Retain an attorney as soon as possible if you can.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My wife’s custody case with her ex might be in the process of transferred. How long do we have to find new attorney

They made a motion to transfer and we’ve been here for over a year so more than likely it will be transferred. Our attorney on this case is over 5 hours away and we will more than likely hire a new one up here in new location. Do we have a little time or can we file something to get us some time... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Jul 18, 2022

The transfer doesn't happen immediately so you will have a little time.

You should check the court website for the county the case is being transferred to at least once a week to see if it has been transferred. If the county does not have a court website contact the district clerk...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I’m in the state of Texas, non custodial parent no longer visits children, and has not paid his child support.

Will Seeking full custody be hard to get? Parent has not paid child support ever. It been 3years.

Sharita Blacknall
Sharita Blacknall
answered on Jul 18, 2022

There are a few options depending on what direction you want to go. Here is a couple: 1. You can request termination of his parental rights or 2. You can file for a modification to make you the sole managing conservator with exclusive right to make the major decisions and ask for enforcement of the... Read more »

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2 Answers | Asked in Criminal Law, Family Law and Civil Rights for Texas on
Q: My husband was cleared by CPS for the charges he is sitting in jail for, shouldn't his attorney have gotten him out?

Nasty custody battle long story short- ex husband started rumors about new husband, told police and they never investigated,they just put warrants out and arrested him. CPS sent me the ruling that HE IS INNOCENT and went to the jail to apologise to him. He has been in county for 16 MONTHS for... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Jul 18, 2022

CPS cases and criminal cases are 2 different systems. They have different standards and are trying to do different things. However, you can provide the cps disposition to your husband's attorney to provide to the prosecutor to request dismissal of the criminal charges. But, the prosecutor... Read more »

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1 Answer | Asked in Family Law and Child Support for Texas on
Q: How do I get a final order finalized if the attorney withdrew from the case? It’s been 2 yrs since we went to court.

AG is telling me come April the child support will end even though my daughter is only 12, because they only have a temp order in file. It seems my ex attorney didn’t finalize the final order after we went to court due to a past due invoice. What are my options to get them finalized?

Sharita Blacknall
Sharita Blacknall
answered on Mar 5, 2022

Hire a lawyer to assess where the case is procedurally, determine next steps for finalization and get a signed final order.

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