Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Rafee'a S. Majeed
2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Does spring break visitation end on Sunday at 6pm if there is a teacher work day the following Monday?

(1) the possessory conservator shall have possession in

even-numbered years, beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Mar 10, 2023

This is one of these unique possession periods on which not even all attorneys can agree.

The order says that Spring Break possession ends at "6:00 pm before school resumes after that vacation". So, in your situation, since the children are not in school on that Monday, due to the...
Read more »

View More Answers

3 Answers | Asked in Family Law and Child Custody for Texas on
Q: In the summer schedule for less than 100 miles it states 30 consecutive days or two separate periods .

When this is taken in two periods can the total days exceed 30 days? My husband often picks them where the total days are over 40 days due to how he starts and stops after and before his weekends . Everyone is telling me this isn’t right and that they don’t do this, but everyone isn’t a legal... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Mar 8, 2023

When summer possession is taken in two separate periods, it cannot exceed 30 days. The possession order states that it is 30 consecutive days OR two separate periods not to exceed 30 days, and the periods are to be at least 7 consecutive days each. So, most parents, if they are going to take the... Read more »

View More Answers

1 Answer | Asked in Family Law, Domestic Violence and Landlord - Tenant for Texas on
Q: Need help and assistance from lawyer legally help me to have my son abide by the house rules or move out of the house

i have a 18 yr old son who has been very disrespectful, abusive and threatening to me and my wife with bad behaviour. He doesnt want to follow any house rules. Have dropped out of the college, being out whole night, comes back in the morning and sleeps whole day. When we ask him to change is... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 14, 2022

Unfortunately, there is not a court with jurisdiction over an 18-year-old adult. This is not an issue that can be resolved within the legal system (nor should you want it to). If he doesn't want to abide by the house rules, then he should no longer be allowed to live in the house.

2 Answers | Asked in Family Law and Juvenile Law for Texas on
Q: Is there a law in Texas regarding sleeping arrangements for biological children?

Specifically, children sleeping with adults. And is there a requirement for space for a child? Or is it ok for a mom, her “husband” (by title only, no actual marriage), her son (not the son of the “husband”), and their daughter to live in one room in another person’s house?

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 1, 2022

Given that this question was posed in the "Family Law" group, I will provide a response from a "family law" perspective.

There is no concrete law in the Texas Family Code that specifically prohibits children from sleeping with adults or a requirement for space for a...
Read more »

View More Answers

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

I'm currently the "Non Custodial Parent", looking to relocate to Kentucky due to lower cost of living (Barely breaking even in Dallas). What modifications might i need to visitation and what is a typical out come to expect? Would it be possible to get over summer visitations,... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Nov 4, 2022

I would suggest you read through your current court order because in most Texas standard orders, there are already provisions in place for parents to begin residing over 100 miles apart.

The range of modifications that can be made are all case specific, so I would suggest that you consult...
Read more »

View More Answers

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: If the sole managing conservator kicks the child out at age 13 does can the poss. Cons. Gain rights and pick up the kid

The child is in texas and the posses. Conservator lives in Arkansas

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Oct 28, 2022

I hate to hear that a parent has kicked a 13-year-old child out of the house. If the possessory conservator is in a possession to take their child into their home, then they have every right to take possession of the child, unless there is a reason why the possessory conservator having possession... Read more »

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: My father never signed his will. He only has myself and my sister as far as family goes. What will happen to all of hi

his assets?

Pardon me, but I don't think the woman who answered first read what I stated. He has myself and my sister, not HIS SISTER. Thank you!

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Oct 6, 2022

A will is only valid if it is signed by the decedent and witnessed by two disinterested witnesses. If there is not a valid will when the decedent dies, then his assets (estate) passes to his heirs through the Texas laws of intestate succession.

Given that your Father never signed his will,...
Read more »

View More Answers

1 Answer | Asked in Family Law, Criminal Law, Juvenile Law and Libel & Slander for Texas on
Q: Can a father legally keep me, an unrelated adult, from communicating with his kids, even if there is no bad intentions?

A father of 2 boys that Ive known for almost 4 years in person asked me to cease communication with them for no reason in January. I didn't listen and continued communication, until 2 weeks ago when he said he found out about our communication, and harshly told me to cut contacr and "seem... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Oct 5, 2022

If you are not in any way related to these children, and sometimes even if you are related, a parent absolutely has the right to prevent you from communicating with their children. Absent certain circumstances, a PARENT of a child(ren) has a more superior right to their child(ren) than ANYONE else.... Read more »

1 Answer | Asked in Family Law for Texas on
Q: I have a cps case that I need help with from a pri bono lawyer because I have no momey
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 28, 2022

If you are a parent of the child and cannot afford a lawyer, you can request that the Court appoint you a lawyer in a CPS case.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I have joint managing conservatorship but I’m a non custodial parent do I have the right to know who babysits my child?

The other parent works nights and won’t tell me a thing. I have 50/50 custody. Is that illegal in Texas.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 20, 2022

Unless your court order states that you must be notified, the custodial parent is not required to inform you. However, good co-parenting would warrant that the custodial parent would want to inform you...in case anything happens with the child.

Are you concerned about your child's...
Read more »

2 Answers | Asked in Family Law for Texas on
Q: Me and my baby’s father got into an argument and he opened a door on my face by mistake because I was trying to get in.

I called the police due to being in an emotional drunken state thinking he did it on purpose. I said I wanted to press charges but did not write a statement. Now that I’m sober the next morning I deeply regret calling the police. Is there any way to drop charges if I haven’t made a statement?... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 20, 2022

If he wasn't taken to jail, the likelihood that any criminal charges will be pressed against him is very slim. However, if it happens that criminal charges are pressed against him, when the Assistant District Attorney reaches out to you, you can inform them that you don't want to press... Read more »

View More Answers

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: If a custodial parent drops off their kids and doesn’t return for four months to the non-custodial parent what can they

The noncustodial parent is paying child support

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 13, 2022

The non-custodial parent should file a suit to modify the current court orders on the ground that the custodial parent has voluntarily relinquished possession of the child. If the custodial parent had not show any intent to return or provide for the child's needs, 3 months is the requisite... Read more »

1 Answer | Asked in Family Law for Texas on
Q: What can you do when you receive a late modification notice “ATTY Citation IV-D”

Today is 09/10/2022 and I received an “ATTY citation IV- D “that states I have been sued and expires 10 AM on the Monday next following the expiration date of 20 days after I was served the citation. The date filed is 8/9/2022 and it said it was issued on 8/15/2022. This is not correct this is... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 10, 2022

You have been served with court documents and a citation. The citation states that you have until 10:00am on the Monday following the expiration of 20 days from the date you were served. If you were served with the documents today, then you have 20 days to file a "response" with the... Read more »

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.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 8, 2022

If you are unsure what your legal rights are, you should seek legal counsel to represent you in a suit like this one. At the very minimum, you should pay for a consultation with a family law attorney to discuss the case and determine if you really need legal representation or not. They may be... Read more »

View More Answers

2 Answers | Asked in Civil Litigation, Family Law and Probate for Texas on
Q: Common law marriage 7 years. Male spouse passed. Left no will. Only son of husband evicting wife. Selling off property

Husband been gone 2 weeks. What legal grounds are there. For inheritance of property. This will leave her homeless.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 3, 2022

"Wife" would have to prove that she was married to the deceased "husband". If she is successful, then she would entitled to inherit through intestate succession. If the home was purchased during the "marriage", then she could claim it as her homestead and continue to... Read more »

View More Answers

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can i request a de novo hearing on line
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 1, 2022

You cannot request a de novo hearing online. You must file a proper request with the court.

Also, a request for a de novo hearing must be filed no later than three (3) days after the Judge's ruling or is not considered timely filed and your request could get denied.

I hope...
Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: If my brother has primary custody of his minor daughter, can he designate POA or does mom automatically get authority?

My brother has primary custody of my 9 year old niece. Her mother lives over an hour away and has standard visitation orders. My mother lives with him and my niece. His question was, if he is incapacitated for any reason, can he designate someone (my self, my mother or my brother) to act on his... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 17, 2022

If your brother is incapacitated for any reason, whomever he wants to make decisions regarding your niece would have to intervene into their current custody case and present to the court why it is in the child's best interest that they are allowed to make decisions regarding your niece, over... Read more »

2 Answers | Asked in Civil Litigation and Family Law for Texas on
Q: in a pretrial of a contested will(family law) can it be dismiss?
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 11, 2022

This is a better question for a Wills, Trust & Estate lawyer. Or an Estate Planning lawyer.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I had a lawyer file everything, but I cannot afford them to be at the trial/pre-trial for visitation. What should I do?

I paid a lawyer company more than $8000 to represent me, but the mother keeps adding things into the case, like a mental health exam, 2-3 interrogatories, and discoveries, etc. The company charged me for each of these, and now I am just about broke. I cannot afford them to be at the pre-trial, or... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 4, 2022

Please do not give up on fighting for your daughter. Family law cases can be costly, so if there is any way you get the additional funds that you need to proceed with your current legal counsel, I would suggest you try. Also, maybe you can have a discussion with your current attorney and see if... Read more »

1 Answer | Asked in Family Law for Texas on
Q: Will i be able to cancel a notarized letter giving a family member legal rights of my child at any time?

My daughter will be living with my aunt. She will attend school in texas and my aunt is asking that i sign a notarized letter to give up legal rights decision making of my daughter along with social security card.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 2, 2022

You should certainly speak with an attorney before you proceed with this course of action. You want to ensure that you are not giving to your Aunt more rights or responsibilities for your child than you intend to in this situation. An attorney may be able to help you draft a document that... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.