Lawyers, Answer Questions  & Get Points Log In
Texas Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I have no clue where my spouse is. I’m trying to terminate parental rights and get a divorce.

The non-custodial parent is not in the picture we live in two different states and he only wants to be a family if I wanted to be with him. I have proof of no help, or wanting nothing to do with our child but, he’s been abusive to me and holding the marriage over my head. I don’t know where he... View More

Joshua Frank Andor
Joshua Frank Andor
answered on Jan 9, 2024

In Texas, if you are unable to locate your spouse, you can file for a divorce by publication. This involves legally notifying your spouse of the divorce proceedings through a notice published in a newspaper in the area where they were last known to reside. This method is used when all other... View More

1 Answer | Asked in Criminal Law and Child Custody for Texas on
Q: I've been falsely accused of sexual assault of a minor as a minor over the age of 14. I am now 30. Can you help me?

My sister has falsely accused me of assaulting her when we were younger in August of 2023. Juvenile had me come in for fingerprints September of 2023 and an assessment January 3rd 2024 , and January 5th 2024 I was called and given a court date for the case on January 19th 2023. I have evidence this... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024

Do NOT talk to anyone else about your case or the circumstances surrounding it. Get a great lawyer ASAP!

These cases are terrible and the State and the people working for the State are going to steam-roll you! Do not talk to any police, or detectives. Tell everyone that you want a lawyer...
View More

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Texas on
Q: Can my girlfriend's mother sue for grandparents rights in Texas if she lives in Oklahoma

She's been harassing and making false accusations for one year

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

In Texas, grandparents can potentially sue for visitation rights, but Texas law sets high standards for granting these rights. The grandparents must demonstrate that their visitation is in the best interest of the child and that denying visitation would significantly impair the child's... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Grandparent has filed summons regarding my child to appear in Bexar county family court, but I live in Georgia.

My niece used to live in San Antonio but after her boyfriend was murdered, she moved to Georgia. She shared a child with him. His mother is now filling for rights to their child in Bexar county on 22 Dec. 2023 for 02 Jan. 2024. She received notice via email. She doesn't have funds to travel or... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2023

In this situation, it's important to respond to the summons, even if your niece cannot physically appear in court in Bexar County, Texas. Ignoring the summons or failing to respond can result in a default judgment against her, potentially impacting her custody rights.

She should...
View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Waive the 60 day divorce period?

Hello, I have a question in regarding to waiving the 60 day period. My spouse has been convicted of domestic violence and we have children together is there a time frame that he had to be convicted.

John Michael Frick
John Michael Frick
answered on Dec 28, 2023

The Family Code provision for waiving the 60-day waiting period does not specify a time frame for the domestic violence conviction. It only requires that the offense was committed against you or a member of your household. While the court has the authority to grant such a waiver, it is... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: I moved from another state to Texas and still haven’t received support nor has the parent tried to see our child

Is there something I can file, or remove his parental right? He has another child and currently supporting that one without a court order and we are married (I’ve got nothing but 20 dollars from them) I’m a survivor of DV and I’m about to reach 6 months of residency what should I do? I’ve... View More

John Michael Frick
John Michael Frick
answered on Dec 28, 2023

Assuming you have a court order for support of your child from the state you left, you can contact the local Office of the Attorney General and provide them with a copy of that court order and ask for their assistance in registering and enforcing your existing support order here in the State of... View More

2 Answers | Asked in Criminal Law, Child Custody, Federal Crimes and Family Law for Texas on
Q: The biological father has no rights and stole my son from the park is that a felony. Can I press charges.

The biological father is not on the birth certificate and has not proven paternity. There is a pending cps case against him. Me and my son were at the park he lives two hours away. He walked up grabbed my son and ran and got into a get away vehicle. The local police did nothing since I had no... View More

John Michael Frick
John Michael Frick
answered on Dec 26, 2023

It depends on other factors such as whether the man is presumed to be the father of the child or has acknowledged paternity. For example, if the man was married to you and you gave birth to the child either during the marriage or within 301 days of the date that the marriage ended, he is the... View More

View More Answers

2 Answers | Asked in Criminal Law, Child Custody, Federal Crimes and Family Law for Texas on
Q: The biological father has no rights and stole my son from the park is that a felony. Can I press charges.

The biological father is not on the birth certificate and has not proven paternity. There is a pending cps case against him. Me and my son were at the park he lives two hours away. He walked up grabbed my son and ran and got into a get away vehicle. The local police did nothing since I had no... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

The biological father's lack of paternity establishment and absence from the birth certificate may impact his legal rights. However, the specific legal actions you can take can vary depending on your state's laws and the circumstances of your case.

Regarding the incident at the...
View More

View More Answers

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I have full custody of my 8 year old her granny will not let me talk to her or see her
John Michael Frick
John Michael Frick
answered on Dec 26, 2023

In the absence of a court order, a grandparent does not have the legal right to prevent a parent with full custody from talking to or seeing a child. If the grandparent is wrongfully detaining the child, you can file an application for writ of habeas corpus requiring the parent to produce the... View More

1 Answer | Asked in Family Law, Immigration Law and Child Custody for Texas on
Q: My sister tragically passed in a fire (10/12/23). Do we have visitation rights to her daughter (12 yrs. old) ?

Her father has never done much for her and she stayed with us ALL the time for months on end. We fed her, clothed her, housed her, etc. Her dad came and stole her from us (lied and said someone was looking for her and came by his house in an unmarked car and left a note from the city). He did this... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 16, 2023

In Texas, grandparents and other close relatives can seek visitation rights, especially under circumstances where the child's welfare is a concern. Since you've been a significant part of your niece's life, providing care and support, this can strengthen your case. However, obtaining... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: What do I need to file along with Respondents original answerMotion to compel mediation

Is there some type of respondents counter offer type form

John Michael Frick
John Michael Frick
answered on Dec 8, 2023

You can file a simple Motion to Compel Mediation.

In most counties throughout Texas, family law courts will enter a mediation order sua sponte without a specific request from either party because mediation is proven to be a very effective way to resolve family law disputes.

I...
View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can my ex-husband take my kids to the bahamas without my permission and without a passport? Its a closed circuit cruise.

We share custody. My daughter is 11, has a sensitive stomach and will be placed in a room without an adult on the cruise. I'm afraid that she will get sick on the boat and is also expected to share a room with two young boys without an adult present. My concern is for her safety and well... View More

John Michael Frick
John Michael Frick
answered on Dec 6, 2023

Typically, a divorced parent can take his/her children on vacation during his/her respective time of possession without the necessity of securing permission from the other parent.

If there is a genuine reason to believe that a parent may abscond to another country with the children, a...
View More

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I was served paper from a constable today stating the state is filing chapter 161 on me for a child I did not know I had

I dated a woman briefly in 2010 according to the paperwork she has put her children in extreme danger, she has a 13 yr old son that she is claiming is mine we have never taken a paternity test and I have not heard for this woman in 13 yrs. The child is currently in custody with the state and they... View More

John Michael Frick
John Michael Frick
answered on Nov 10, 2023

Assuming you were not married to the mother when the child was born, you can deny paternity. If the mother or the state desire to prove your paternity, they can require a paternity test.

Or you can admit / claim paternity, and intervene for custody of the child.

Or you can...
View More

View More Answers

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can my ex-spouse take away my Spring Break possession by taking away Spring Break from my child? Thank you

I have my child for Spring Break 2024 per my decree. My ex is now homeschooling my child. Could she decide to continue school through Spring Break and take away my child’s break so I don’t have possession?

Here’s the decree on Spring Break:

Except as otherwise expressly... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Nov 1, 2023

If your child was not being homeschooled at the time your Final Decree was rendered, but is now being homeschooled, this could be a material and substantial change in the circumstances of the parties and could warrant a modification of the final decree. Especially if the possibility of him being... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I have custody papers that has him with that says he has supervised visitation that I can choose when and who due to his

Drug use. He is in prison. My papers say I have to live in Denton county Texas or surrounding area but if I move to another state wile he is in prison is this a kidnapping situation or a civil matter where he would have to get a lawyer and take me to court

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 23, 2023

If your current order states you must live in the county you are located in or contiguous counties and you move out of state you are in violation of the courts order. He would have to file an enforcement of the order but a court could make you return in order to keep custody of your child. It... View More

1 Answer | Asked in Divorce, Immigration Law, Child Custody and Family Law for Texas on
Q: I’m military spouse, I’m on my spouse military order, my Green Card still pending but he filed for divorce

He filed for divorce as he been threatening me and abusing me mentally and financially, I reached out to the base to help me as I have a daughter and I can’t work without green card, first he wanted me to sign the proxy divorce I never sign, then I filed for child support after receiving child... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2023

I'm sorry to hear about your situation. In circumstances involving abuse, you might be eligible to self-petition for a green card under the Violence Against Women Act (VAWA). This allows victims of abuse by a U.S. citizen or permanent resident spouse to seek legal status without relying on the... View More

1 Answer | Asked in Divorce, Child Custody and Family Law for Texas on
Q: Weekend Possession Extended by a Holiday during the School term. What is Thursday time?

The decree states, " Except as otherwise expressly provided in this Modified Expanded Standard

Possession Order, if a weekend period of possession by (the father)

begins on a student holiday or a teacher in-service day that falls on a Friday during

the regular school... View More

John Michael Frick
John Michael Frick
answered on Oct 13, 2023

Correct. The father picks the child up from school on Thursday when school is dismissed and retains possession until the end of his regular weekend possession, which is typically either when school resumes Monday morning or at 6:00 p.m. Sunday evening depending upon the terms of the order.

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Can the designated competent adult in a divorce pick the children up from school if not on the official school list?

The father has designated the step-mother as a competent adult(although she is a convicted felon). Is she permitted to pick the children up from school if she has not been designated on the school access list? What steps do I take at the school for them not to release the children to her?

John Michael Frick
John Michael Frick
answered on Oct 13, 2023

No, the school will not allow anyone not on the school access list to pick up a child from school.

You, however, should do nothing. He has the right to designate any competent adult to pickup the child on his behalf. But it is incumbent on him to add stepmom to the school access list....
View More

2 Answers | Asked in Child Custody and Immigration Law for Texas on
Q: Can an illegal that was deported, illegally returned (Texas), have his same custody agreement before being picked up?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2023

A prior custody agreement does not automatically become invalid due to a parent's deportation or illegal reentry. However, if the individual is discovered to have returned to the U.S. illegally, they could face legal consequences related to immigration, which could indirectly impact the... View More

View More Answers

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: an an illegal that was deported, illegally returned (Texas), have his same custody agreement before being picked up?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2023

Custody arrangements are generally determined by the best interests of the child. However, illegal re-entry can be a criminal offense that might impact a court's decision on custody. The original custody agreement would not automatically reinstate without a court order.

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.