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: My kids dad thinks I broke my morality clause and is refusing to let me have them the month of July. What can I do?

I haven't received a temp custody order or anything - Can I show up and get my kids since the paper works states that is what I'm supposed to do for the month of July. Can he keep them from me?

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

It is better if you have a copy of the court order, signed by the Judge. The Law says that you have to exercise your visit in order to be denied visitation. So, if you are to pick the kids up at Dad's residence, you have to go there to pick them up (even if you know he's not gonna release... Read more »

View More Answers

1 Answer | Asked in Divorce, Family Law and Child Support for Texas on
Q: Serving texas subpoena on a GA based company by serving it's registered agent in texas.

I have an enforcement action against my Ex in Texas court. My ex lies to court that he earns just $40,000 per year but I know he gets over $150,000 per year.

I want to secure payment records via subpoena from his work place to prove to court.

My ex works at newell company in GA.... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jun 30, 2022

Are you serving a Motion for Enforcement? Or a subpoena? Those are two different documents

If you are serving a Motion for Enforcement and if your ex is an employee of the company in Georgia, you cannot serve a Motion for Enforcement for your ex, by serving the company that they work for or...
Read more »

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: What are my options as the custodial parent (mother) who wants to move out of state and share 50/50 custody? See below.

My ex-husband and I share 50/50 custody of our 12 and 13 year old sons. The 13 year old has been living with his father during the school since 2021 and the 12 year old has lived with me full time, still maintaining the every other weekend agreement. While this agreement does not pose an immediate... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jun 27, 2022

If you wish to change any Texas court order, you must file a Petition to Modify Parent-Child Relationship and set it for a hearing before the Court of exclusive jurisdiction.

You should read your current court order thoroughly because it is unclear from your post if there is a geographic...
Read more »

View More Answers

3 Answers | Asked in Criminal Law and Family Law for Texas on
Q: Hello I filed a false report on someone and they had charges pressed. I recently was charged with filing a false report

I was just wanting to know what could be the outcome of both situations. Since I was recently charged with filing a false report does that mean the charges against the other person will be dismissed?

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

If a police report you made was determined to be false, then the charges against the accused will be dismissed because the report was not truthful.

If you were subsequently charged with making a false police report, you will be prosecuted for the charge.

Under Section 37.08 of the...
Read more »

View More Answers

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I am having a hard time filing for a continuance. The only form I find includes a Notice of Hearing & that won't work.

I have tried to file, but the clerk says i can't file without Judge's signature on that particular form. I can't find a request for continuance form that doesn't include the Notice of Hearing. (It is objected to by opposing party.)

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jun 9, 2022

You may not be able to find the document you are looking for through self help forms.

However, why do you need a continuance? Is this the first time you've requested a continuance? How long have you known about the upcoming court date? These are all questions the Judge/Court will...
Read more »

1 Answer | Asked in Family Law and Child Support for Texas on
Q: If I don’t agree with a waiver of service of noncustodial parent’s attorney has typed up for confirmation of arrearages

Will the court send me information of the date and time. And will they offer a appointed attorney

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jun 7, 2022

If you do not agree to sign a Waiver of Service, the Court will not send you any information. The non-custodial parent's attorney will simply send a sheriff, constable or private process server to serve you with the Motion to Confirm Child Support Arrearages. That should also come with a... Read more »

2 Answers | Asked in Family Law for Texas on
Q: If custodial parents want to move closer to the non-custodial parent, do we need to get a geo restriction modification?

We, the custodial parents, are allowed to live in Houston (Harris County) and the surrounding counties. If we want to move closer to the non-custodial parent, but slightly outside of the allowed counties, do we need to get permission from the court?

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

If there is currently a geographic restriction in your court order, you can remove the geographic restriction either by agreement of the parties or by Court order.

If by agreement of the parties, you could draft a document that states something like "both parties agree that [custodial...
Read more »

View More Answers

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: My possession order states that if the custodial parent moves to a different county.

What happens if the custodial parent moves back to the same county? Am I then required to do the pick up and drop off once again? She has moved 4 times in the last 2 years and I do not see it to be fair for this to keep changing.

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

It is unfortunate that the custodial parent keeps moving with the child(ren). I can only imagine, if they are school aged, how it's affecting their schooling.

If the court order requires you to pick up and drop off at the custodial parents residence, then would have to do that until...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: A 14yr old left alone to parent his 12yr old and 4yr old autistic brother while his physical custodial parent leaves

Them unattended. Recently the 12 year old has been complaining about his mother leaving them alone and making the 14 year old cook and clean for them, alongside taking care of their 6or 7 dogs in their 3 bedroom apartment. She shares a custody agreement with the father who has the 1.3,5 weekends... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 24, 2022

If Father is in a position to take over custody of his children, he should file a Petition to Modify the Parent-Child Relationship in the county that the original court order was issued. This situation certainly sounds like there are circumstances that would significantly impair the physical and... Read more »

1 Answer | Asked in Family Law for Texas on
Q: Can I leave the state if I am in financial difficulties?

The custody order binds me and my kids to live in Collin county and the surrounding areas..... But the mother of my kids has abandoned my kids she hasn't been around and over 2 years.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 24, 2022

If Mother hasn't been active in your children's lives for over two years, you should have good grounds to request that the geographic restriction be removed from your court order.

The part of your court order that requires you to remain in "Collin County or contiguous...
Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can my ex wife keep making excuses to miss court ordered visitations without proof?

Me and my wife have a court agreement that I have all day visitations with my son every 1st, 3rd and 5th Saturday. This Saturday will be the 3rd one she has missed in a row. She claims sickness and surgeries but how do I know she is telling the truth without proof and that she just doesn’t want... Read more »

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

I am sorry to hear that you are missing your possession periods with your son. In your situation, it would not be your burden to prove that Mother is not telling the truth about her sickness and or surgeries. It is her burden to prove to the Judge that is why she has been denying court ordered... Read more »

1 Answer | Asked in Family Law for Texas on
Q: Do the attorneys for a state Agency(Texas) in a civil proceeding, have to follow tx rules of Civil prcdr for Discovery?

Sapcr

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

This is an interesting post as it begs a couple of questions:

1. From what state agency are you trying to obtain discoverable documents?

2. Is this state agency a party to the Suit Affecting the Parent-Child Relationship proceeding?

Typically, all parties to a lawsuit must...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: TX law. If custody papers say I am not requesting child support from father can I request child support later on?

Custody papers say that I didn’t request child support from the father. Can I later request child support? If so what would have to be done. Thank you

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 15, 2022

Texas law allows you to request a modification of a parent's child support obligation if there has been a "material and substantial change" in the circumstances of either parent or the child since the current order was entered OR 1) three years have passed since the original ordered... Read more »

1 Answer | Asked in Family Law, Adoption and Civil Rights for Texas on
Q: Hello I have a family law question.

My daughter just had a baby in November and baby tested positive for methamphetamines. Child protective services were called and she almost lost her baby to them but she had a good friend that she signed over Power of attorney to so her friend could take the baby. I didn't know about this... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 15, 2022

Based on these facts, CPS has likely been granted temporary custody of the baby due to the fact that drugs were found in its system at birth. CPS likely ran a background check on the friend and found that the friend posed a safe environment for the baby, so they've placed the baby with the... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: can my ex and texas court determine custody of my children without inviting me to attend? Cause they did!!

said I was served and wasnt.... therfore gave her everything she asked for and she raped me basically and I had no clue there was even a hearing

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

Depending on when the hearing was held, you may have a couple of options for getting back to court. In either of these situations, you should seek a family law attorney to assist you as they will know how to navigate through either of these options.

The court has basically issued a...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Do I have to answer my exs texts and calls when he asks about our baby without a court order

Do I have to let him come around and see her without a court order if he’s emotionally and verbally abusive? Or answer his texts or calls when he asks how she’s doing?

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

Absent a court order, both parents have an equal right to possession of or access to their child. The family law Judges would hope that both parents are able to effectively communicate and co-parent in the raising of their children. If you have substantial proof or evidence of emotional or verbal... Read more »

1 Answer | Asked in Family Law for Texas on
Q: In Burnet Texas how can parental rights be terminated?

Mother established paternity through a dna test by the court and court granted biological father supervised visitation and child support in 2019. Biological father has not made any attempts

To go to the visitation or pay child support. No contact with mother and child. Mother would like to... Read more »

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

A request can be made to terminate a parent's parental rights through the family courts. It's not a simple process and it's also not as easy as some may thing. You have understand that you are requesting that a biological parent's legal rights to their child be forever... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Questions about check boxes on order forms.

If I have two options on my child custody oder papers and one is empty and the other is marked with an x. Which one is the one I'm supposed to go by? Is it marked because that's not an option?

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jan 31, 2022

The option that is marked with the "x" is likely the option that applies to your case and the one that you should follow. It's hard to say without knowing what the options are.

I hope this information helps. Good luck to you.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I am divorced and have joint custody of my child. My question is regarding my pick up times.

The Texas standard order states that I am to pick up my daughter by 6:00pm on Friday and drop her off by 6:00pm on Sunday. My ex wife is saying that if I don’t make it by 6:00pm on Friday, then I can’t have her. I no longer live in Texas and fly in to see her on Fridays. Sometimes the plane is... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jan 31, 2022

First, you should make every attempt to pick up and drop off on time, even if this means that you have to catch an earlier flight to make sure you pick up by 6:00p.m.

There is not a hard and fast rule that says if you are not there by 6:00pm "on the dot" you lose your visitation....
Read more »

1 Answer | Asked in Family Law for Texas on
Q: What can I do to help my husband from an assault charge that didn't even happen and they're still charger him with it .
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jan 31, 2022

The best thing to do is get him a good criminal defense attorney.

The next thing is to see if the "alleged victim" (the person whom the alleged assault was against) will get notarized an Affidavit of Non Prosecution. This can be presented to the Assistant District Attorney to let...
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.