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Texas Child Custody Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Texas on
Q: In a civil case (child custody) is there a deadline for submitting evidence that will be used at the final trial?
John Michael Frick
John Michael Frick
answered on Dec 9, 2022

Yes. What that deadline is depends on whether there is a formal written scheduling order signed by the judge entered in the case or whether the parties are operating under the disclosure deadlines in the Texas Rules of Civil Procedure.

It is safe to assume in most cases that any documents...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Regarding my daughter’s “VERY REASONABLE” request for a TRO denying visitation from her former significant other …

(cont.) was rejected by the judge handling her case, however, a Modification hearing has been scheduled for 12/20/2022 so is she likely to be in trouble, if she has already withheld his visitation with their daughter for a “very good” reason (i.e., substance abuse) and continues withholding his... Read more »

John Michael Frick
John Michael Frick
answered on Dec 8, 2022

If there is a court order awarding possession of the child to the other parent and your daughter violated that order, she can be held in contempt of court and fined or jailed for up to six months or both for each period of possession she withheld from the child’s other parent.

It is very...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can I amend my answer to a SACPR to add a counter petition before the court date?

I had filed an enforcement of visitation on the mother of my son but was unable to get her served in time. She then filed her own cases against me. I filed my answer assuming the visitation enforcement would be a part of it, but I'm not sure about that now. Can I still request the enforcement... Read more »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Dec 6, 2022

Your Motion to Enforce is separate. You can file a Counterclaim to her motion, You need to retain al alwyer,

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: Can I request a drug test and psychological exam for my exes boyfriend who recently moved in with her and my 2yo?

We are about to go to court for an SACPR where the custodial parent has requested a drug screening and psychological exam for me, among many other requests. Am I allowed to request the same of her recently moved in boyfriend? I have concerns because he has a criminal history that includes arrests... Read more »

John Michael Frick
John Michael Frick
answered on Dec 5, 2022

You can request them, but be prepared to pay for them. A basic psychological exam will cost you about $5,000. That will not include any testimony.

The facts asserted by you in your question suggest you likely don’t need them. Your money would be better spent hiring a competent attorney...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What is a joint managing conservator?

I don’t want to lose my song because of something that happened that was out of my control. I had PPD after my son was born and became suicidal. But that’s not happening anymore.

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 25, 2022

Both parents have rights and duties, Both parents have periods of possession. The Childs parent but th eother parent primary residence may be with one gets every thursday over night during school year and 1st3rd and 5th weekends from thursday to monday morning, 30 days in summer and every other... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Is there an attorney in Abilene Texas that can do a pro bono case for me
John Michael Frick
John Michael Frick
answered on Nov 21, 2022

https://www.justia.com/lawyers/texas/abilene/legal-aid-and-pro-bono-services

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I'm a petioner in a child custody. The resp. Has asked for a continuance on second hearing. Judges signed motion so I go

To court and ask for temp orders again?

John Michael Frick
John Michael Frick
answered on Nov 21, 2022

Ordinarily, temporary orders in a child custody case remain in full force and effect until further orders of the court. Therefore, it is typically not necessary to ask for temporary orders again but it is permissible to do so if you want something in the current temporary orders changed before... Read more »

3 Answers | Asked in Family Law and Child Custody for Texas on
Q: Do I need to hire a lawyer or can I file to enforce an order myself?

The custodial parent is denying me(non custodial) access to school teachers to check to see how my children are doing academic wise. She will not let me speak with anybody at the school and they are scared because there was a writ of attachment back a year ago due to her dropping the children off... Read more »

John Michael Frick
John Michael Frick
answered on Nov 18, 2022

With respect to school, your custody decree likely contains language that gives both parents the right to consult with school officials concerning the child's welfare and educational status, including school activities, and the right to attend school activities, including school lunches,... Read more »

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Is untreated lice a form of neglect?

Every time my children come with me, they are infested with lice. At what point can I get them help for this? I bring it up to the other parent and the excuses come rolling in on how they get it. The children have scabs in their heads from scratching. What can I do? This has been ongoing for years.... Read more »

John Michael Frick
John Michael Frick
answered on Nov 18, 2022

Lice can play a role in getting a child removed from their parents for neglect. Lice is extremely easily spread, and many kids get lice from their classmates or friends at some point. Lice isn’t necessarily a sign of neglect in 99% of cases. On the other hand, lice is one issue that gets worse... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How do I prove that an agreement 11 has been revoked

It's is for a custody case and it was revoked before the judge signed it and there aren't any prior orders nor new ones

John Michael Frick
John Michael Frick
answered on Nov 17, 2022

As phrased, the question is non-sensical.

When the parties / attorneys enter into a Rule 11 Agreement, nothing happens until one a party asks the court to enforce the Rule 11 Agreement in some fashion. The other party then may communicate to the court that he/she is revoking their...
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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 Family Law, Child Custody and Child Support for Texas on
Q: Hi I need a lawyer to go with me on 14 if this month are help reschedule my court date

I need to hire a lawyer

John Michael Frick
John Michael Frick
answered on Nov 11, 2022

If your case is pending in North Texas, I recommend Konnor Lee of Law Offices of Mark Childress in Fort Worth or Carla Rankin of Rankin Law PLLC in Rockwall.

1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Q: What is needed to file for a de novo hearing in Travis county

I had a judge sign off on temporary orders on Friday. But they are not fair or just. They were written by my husbands attorney since I do not have one.

John Michael Frick
John Michael Frick
answered on Nov 7, 2022

If the temporary orders were made by an Associate Judge, you should file a proper and timely objection to the specific parts of the order which with you disagree and promptly set it for hearing before the district judge.

1 Answer | Asked in Child Custody for Texas on
Q: Expanded Visitation- what happens if Monday and Tues are both Holidays? When does the child have to be returned and wher

Orders state return of child to school on Tues if Monday is a holiday. What happens if Monday and Tues is a holiday on my weekend? Do I return the child on Monday Pm ? Tues am/pm? Or take her to school when it resumes on Wed?

John Michael Frick
John Michael Frick
answered on Nov 7, 2022

Most possession orders do not have any provision specifically addressing if Tuesday is a holiday because few holidays fall on Tuesday. While you can request mediation or file a motion for clarification with the court that issued the order, it would be less expensive and cause less controversy if... Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can a non biological “parent” get rights to a child that is not his if he’s been involved in child’s life for 6 years?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 3, 2022

You may have standing . Contact a lawyer and go over the facts of your case

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 »

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I was never served or notified of a parental child Relationship suit. There was a restraining order why is me

The parent child Relationship suit was filed 20 after the restraining order with and emergency order attached. My child was never formally removed from my care. My mother the person who filed this suit has had control and has my chikd living with someone I do not know I no contact with these people... Read more »

John Michael Frick
John Michael Frick
answered on Oct 24, 2022

It is not a condition precedent to a SAPCR (Suit Affecting the Parent-Child Relationship) that the Petitioner first file a report with CPS or with law enforcement.

Filing such a suit is only the first step. Before proceeding further, your mother would have to formally serve you with...
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1 Answer | Asked in Child Custody and Child Support for Texas on
Q: How to file a judges temporary child custody order as a pro se?

My child’s father and I went to court in March 2022 for a temporary hearing I was granted primary custody and child support. I was pro se and he had a lawyer the judge ordered his lawyer to file the order. However, after about six months of waiting, I finally found out that he stopped paying his... Read more »

John Michael Frick
John Michael Frick
answered on Oct 21, 2022

The preparation of an enforceable child custody and child support order requires the knowledge and experience of an attorney practicing in the area of family law.

Unless you are fully familiar with what is required from past experience (for example, from working as a paralegal or legal...
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2 Answers | Asked in Child Custody and Child Support for Texas on
Q: Any chance i could get custody of my child if i haven't been in his life for 9 years?

Birth Cert signed by us (Both parents) but the mom decided to cut me off from the child for all these years. I respected that and gave her space, now i want the child back so he can grow with his other siblings( i have a new family now). We live in different states. Any chance i could get custody... Read more »

John Michael Frick
John Michael Frick
answered on Oct 14, 2022

Every child custody case is unique and is judged on its own particular facts using the legal standard what is in the best interests of the child.

In my experience, being absent from the child’s life for nine years is not a favorable fact for you to win custody.

But, in most...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Is it possible for an adult child to lift a restraining order against someone restrained by the child's legal guardian

My fiancée has a heavy past with CPS, trauma, abuse, etc. She recently unlocked a repressed memory, one where she meets with a foster worker who offers her a new home to be in, that lead her down an info trail, through Ancestry, revealing the name of who is likely her real father. She contacted... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Oct 10, 2022

It may be a protective order not a TRO. You can contact him and ask any question that you want

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