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Questions Answered by Sharita Blacknall
2 Answers | Asked in Divorce and Family Law for Texas on
Q: Beyond the Motion, what else do I need in filing a Motion for Interim Attorney Fees?

In March 2023, my wife filed for divorce in Dallas, TX which is where we both live. I responded with my Answer and Counter Petition. We're in the discovery phase after completing Initial Required Disclosures. She hired an attorney using her substantial cash reserves, while I lack financial... Read more »

Sharita Blacknall
Sharita Blacknall
answered on May 23, 2023

When you submit your Motion for Interim Attorney's Fees in Texas, you're essentially asking the court to order your spouse to pay for your legal representation. It's important to understand that most attorneys consider the award of attorney's fees by the other spouse to be a... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: My child’s father has actively given up his visitation time over the past several years. Can I still get child support?

My child is 15. Me & his father were never married and have nothing legal in place. It has always been verbal agreement. I would like to have child support go through the AG but I fear it will appear as I am refusing visitation. But I am not. Dad gives his time up and our child now no longer... Read more »

Sharita Blacknall
Sharita Blacknall
answered on May 3, 2023

You have the right to contact the AG's Child Support Division to establish and enforce child support orders. By doing so, you can initiate the process of obtaining child support from the child's father.

It is important to note that each case is unique, and outcomes can vary based...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Try to see who would get custody of our kids if the mom has history of addiction with drugs and mental health issues has

Trying to see who would get custody of our kids if the mom has history of addiction with drugs and mental health issues has not worked in about 3 years or be involved with the kids much.

The father has been there for the kids day to day things, worked and supported the family financially... Read more »

Sharita Blacknall
Sharita Blacknall
answered on May 3, 2023

When determining custody arrangements, Texas courts prioritize the best interests of the child. The court considers several factors, including the physical and emotional well-being of the child and each parent's ability to provide a safe and stable environment.

In a situation where one...
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1 Answer | Asked in Family Law and Child Support for Texas on
Q: How do I turn my registry only child support case into a full service case?

I have a 50/50 custody agreement and I am trying to get a modification but my ex closed the case with the Attorney Generals office. I don't know which application to fill out to get it back to a full service case.

Sharita Blacknall
Sharita Blacknall
answered on May 3, 2023

Contact the Texas Attorney General's Office: Reach out to the Texas Attorney General's Office or the local child support office handling your case to discuss your situation. You can explain that you want to convert your registry-only case into a full-service case and ask for guidance on... Read more »

3 Answers | Asked in Family Law and Child Custody for Texas on
Q: I'm being denied my court ordered visitation time by the other parent. What do I need to do to file for enforcement?
Sharita Blacknall
Sharita Blacknall
answered on May 3, 2023

If you are being denied court-ordered visitation time by the other parent in Texas, you can take the following steps to file for enforcement:

Review your court order: Carefully review the court order that outlines your visitation rights. Ensure that you understand the specific details and...
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2 Answers | Asked in Family Law, Personal Injury and Civil Rights for Texas on
Q: Even though I am an adult living with my parents, are they allowed to deny me access to water or the bathroom?

Since December 27th of 2022, my parents have been locking me in the garage with no insulation, with no access to water or the bathroom.

Sharita Blacknall
Sharita Blacknall
answered on Apr 24, 2023

Leave and seek assistance if necessary.

In Texas, there are various resources available to help victims of abuse and neglect, including adult protective services, domestic violence hotlines, and legal aid organizations. It is important to know that you have the right to live in a safe and...
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1 Answer | Asked in Family Law for Texas on
Q: How do I find out if an estranged daughter died? I don't have her married name. Her mother and I do not communicate.
Sharita Blacknall
Sharita Blacknall
answered on Apr 21, 2023

If you are trying to find out if your estranged daughter has passed away in Texas, but you do not have her married name, it may be more challenging to obtain this information. However, there are still steps you can take to try and locate her. Here are some options:

Contact other family...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: can I give grandparent poa over my minor child if I have legal and physical custody without the NCP?
Sharita Blacknall
Sharita Blacknall
answered on Apr 21, 2023

Under Texas law, as long as you have legal and physical custody of your minor child and there is no court order to the contrary, you may give a power of attorney (POA) to a grandparent to act on your behalf regarding your child. However, if there is a court order that grants the non-custodial... Read more »

2 Answers | Asked in Family Law for Texas on
Q: My fiancé recently called off our engagement & wants the ring back. We live in Texas. Can I keep the ring?

We have no written agreements or pre-nups in place. Nor have we ever discussed these. From what I have read, Texas is a fault-based state and in my case, my fiance' broke off the engagement and expects me to return the ring. Shouldn't I be allowed to keep it?

Sharita Blacknall
Sharita Blacknall
answered on Apr 21, 2023

Under Texas law, an engagement ring is considered a "conditional gift" given in contemplation of marriage, and ownership does not transfer until the condition of the wedding is met. The Texas conditional gift rule contains an element of fault, meaning that if the engagement is broken off,... Read more »

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1 Answer | Asked in Family Law for Texas on
Q: Can we change my 10 year Olds last name without the father bring involved at all?

My daughter is 10. I gave her the father's last name at birth. He has NEVER been in her life. He also is NOT on the birth certificate. She wants to change her last name to mine. Can we do that without getting the father involved at all? It could potentially be dangerous if he is notified.

Sharita Blacknall
Sharita Blacknall
answered on Mar 13, 2023

In Texas, a parent can petition for a name change for their child, but notice must be given to the other parent, even if they are not listed on the birth certificate.

If the other parent cannot be located, the court will require notice to be given by publication in a newspaper and an...
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Can I press charges on my ex MIL for getting my phone blacklisted because I won’t let her see my child?

I left my narcissistic exboyfriend. His mom has always had a vendetta against me. If she doesn’t get her way , or I withstand my boundaries when she tries to control me, she threatens me with cps, cutting my service off (which I told her to so she couldn’t hold it over my head anymore), and... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Feb 5, 2023

In the scenario presented, the phone is connected to the ex-MIL's account, giving her control over the service, including the ability to remove someone from the account. Based on the information provided, there does not seem to be any illegal activity committed in this case

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1 Answer | Asked in Family Law for Texas on
Q: Am I able to file spousal support by myself and if so, what forms what I need for Texas court

Wife kicked me out the house had an affair

Sharita Blacknall
Sharita Blacknall
answered on Jan 30, 2023

Yes. You will need to file for divorce and make the request.

Either spouse can request spousal support during the divorce process in Texas. However, the court can only award support if the requesting spouse doesn’t have enough property or income at the time of the divorce to provide for...
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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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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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