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Texas Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Texas on
Q: My son 16 lives in Tx with Father I live in Louisiana how can I get visitation for my son can come with his mother

I haven't had visitation since 2013 I lost my son by default a court date I had no clue about. I'm on block his keeping my son from me to get back at me for leaving him. Is it to late to get visitation

Penny Wymyczak-White
Penny Wymyczak-White answered on May 14, 2022

Retain a lawyer in Louisiana and have the petition the court.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My son's mother (the custodial parent) has been arrested for murder, I now have my son. What happens to my arrears?

She was arrested and indicted for murder and a few other charges. I now have my son. What happens to my child support arrears?

Penny Wymyczak-White
Penny Wymyczak-White answered on May 3, 2022

If your ex is on bond one way to handle the arrears would be she does not pay you child support until. She gets credit for your arrears. If the arrears us owed for Medicaid you still will have to pay that portion

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: If my ex’s birthday falls on my Friday that i pick up my child does she need to drop her off to my residence?

Since based on standard orders in Texas, she gets her from 7 to 9 p.m. Also, standard orders say my time starts at 7 p.m.

Penny Wymyczak-White
Penny Wymyczak-White answered on Apr 26, 2022

Without reviewing the order no one can tell you for sure. But by the facts you stated she would have to drop her off if she chooses to exercise the birthday possession

1 Answer | Asked in Education Law, Family Law, Personal Injury and Child Custody for Texas on
Q: I am the custodial parent of a 10 yr. old, the NCP withdrew her from school w/out my permission and moved, can I sue?

He has been violating judges orders and I am in the middle of filing a Petition for Habeas Corpus. I have no idea where he moved. How can the school allow that?

Penny Wymyczak-White
Penny Wymyczak-White answered on Apr 15, 2022

File a police report and have him arrested for interfering with custody it is a felony .

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can one party of teen parents decide what last name my child has?

My girlfriends father doesn’t want my child to have my last name and doesn’t want me to be on the birth certificate can he decide that?

Penny Wymyczak-White
Penny Wymyczak-White answered on Apr 14, 2022

The judge will decide if there is a dispute. The child usually have the dad's last name

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: The father of my child doesn't want to be added to the birth certificate despite the court order requirement.

What should I do? And what would happen if I don't follow through?

Penny Wymyczak-White
Penny Wymyczak-White answered on Apr 11, 2022

You don't need his permission if you have a court order. Put him on the birth certificate .

1 Answer | Asked in Family Law, Adoption and Child Custody for Texas on
Q: My step daughter is having a baby but is giving me and my husband the baby. What all should we know.

We are wanting to take the baby home within the first few hours of her being born and we dont want CPS or any problems. How should we go about it

Penny Wymyczak-White
Penny Wymyczak-White answered on Apr 8, 2022

Retain a lawyer now and have the father of the baby sign his rights away. Start adoption proceedings now.

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 and Child Custody for Texas on
Q: I need help with filling out paperwork for an emergency hearing to modify orders. I'm not sure how to do this on my own

My daughter is in need of outpatient mental health care, she's 13. But her dad can't do it, who she lives with, because she keeps running away from his house. So I want to bring her to Texas so I can get her proper treatment.

Penny Wymyczak-White
Penny Wymyczak-White answered on Apr 2, 2022

You need to retain a lawyer in the county your daughter lives and they can file the necessary pleadings

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: I Trying to See who can lead me in the right direction with my cps case

my mom had temporary custody of my daughter but she past away an now is in state custody and I talked to the caseworker and stuff but they make it seem like if she got taken from me and what makes me look bad cuz I have one dirty UA but I haven't had my daughter and my custody for years so my... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 29, 2022

If your rights have not been terminated retain a lawyer. You will need to stay drug free. It doesn't not matter if your child not in your possession when you use. You can't use drugs

1 Answer | Asked in Child Custody for Texas on
Q: Can my husband legally have me stay at my parents after 13 years of marriage after a trip my youngest took here

We have been married since 2013 and he has always financially and medically and emotionally supported me now I’m with my elderly parents and my mom is abusive. is this unfair ?

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 29, 2022

You husband cant kick you out of your martial home without a court order, Go back home.

1 Answer | Asked in Child Custody for Texas on
Q: My ex has custody of my kids, can my kids get the covid vaccine without his permission?

I’m taking the kids on a cruise in July and is require that the kids have their covid vaccine, my ex said no because the school doesn’t require it, do I need permission?

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 26, 2022

Review your divorce decree under the section rights and duties .

1 Answer | Asked in Child Custody for Texas on
Q: How can i get my 2 daughter from my ex if shes on drugs and has done child abandonment left in apartments and hotels

I recently received a call from exs sister saying that my daughters where picked up by theyre uncle and grandfather from California to take to el paso , they where left in hotel alone for a week . Her sister found out by one of my exs friend that got in contact with them . Ex is taking drugs and... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 21, 2022

If they said you can go get them the sooner the better. Once you have possession file a emergency petition and get custody.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Texas on
Q: Can I request transcripts of prior court case and enter it as evidence of perjury in a new case? And if so, how?

My ex-wife was caught lying to a judge a few years ago regarding violating an order of protection against her then-boyfriend. She was confronted, admitted to it, and then verbally reprimanded by the Court. Later she married the guy, and he ended up involved in four DCFS cases against my son (whom... Read more »

John Cucci Jr.
John Cucci Jr. answered on Mar 17, 2022

You can request the transcript of the proceedings wherein your ex lied to the court. Because you were a party to the former proceeding, you are entitled to get it. However, not every court has every proceeding recorded in Texas. You should make sure there is such transcript first. Then you can... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: When charges are pressed on someone for falsely filing a child on their taxes what happens?
Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 16, 2022

They need to get an attorney if this really happen, They will alos have to pay back the tax money they received.

1 Answer | Asked in Family Law, Tax Law and Child Custody for Texas on
Q: My son turned13on 2-03-22 His dad has lived 20 minutes away made his choice not to be part of his life, plz read belw

Seeing him less than 5 or 6 times yearly.Hes a journeyman electrician of 25+ yrs, makes very good money but always lied about it and when he did pay c. Support, it was 500 at its highest.The woman he lives with is a P.Assist.On 6-13-2021 I was in a terrible car wreck.My poor son, who had spent the... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 16, 2022

If they supported him more than 50 percent of the time they can claim him, If you think you are entitled to exemption call the IRS and there is a form you can fill out to contest your ex claiming your son,

1 Answer | Asked in Divorce and Child Custody for Texas on
Q: If the PC wants to breaks their Summer Extended possession into two 15 day periods, does the day of pickup become day 1?
Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 16, 2022

Yes it counts as day one, So it would be for example pick up July 1 and drop off on July 15. They could include a weekend and that would extend there time,

1 Answer | Asked in Family Law, Child Custody, Child Support and Libel & Slander for Texas on
Q: My youngest daughter's paternal grandparents basically kidnapped her, bribed me into signing rule 11, nothing finalized

I have been bullied into this arrangement and I'm still actively custodial parent. They had money for an attorney and the father signed a waiver.

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 16, 2022

Retain a lawyer. You may be able to revoke the Rule 11 agreement,

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: My ex filed for divorce but it is not legally done. I’ve been paying child support for my son, but now she is refusing

To let me see him. What immediate recourse do I have to see him until this is final? She states that until I agree to all her financial terms I will not see my son.

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 16, 2022

Retain a lawyer and get a temporary order in place,

1 Answer | Asked in Child Custody for Texas on
Q: If the non custodial parent just moved more than 100 miles away, is he the one that has to pick up the child?

The non custodial parent wants to send his girlfriend to pick up the child for spring break but the child does not know her. The noncustodial parent just moved 8 hours away

Penny Wymyczak-White
Penny Wymyczak-White answered on Mar 16, 2022

It depends what your order states. If I had to guess my answer would be yes and you would be able to exercise over 100 miles visitation,

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