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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law for Texas on
Q: My sister wants to add me to a Statutory Durable Power of Attorney that she has already signed and executed for my Dad.

She lives in Lubbock TX and I live in Austin TX .

Teri A. Walter
Teri A. Walter answered on Aug 20, 2021

She can either execute a new POA for you (which may have different provisions than what she put on the one she gave to your father), or she can sign a new POA with both of you.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Texas on
Q: What to do if other party not found to serve Texas Tem Exparte Protective Order and notice of hearing ?

I am trying to serve Texas Temporary Exparte Protective Order and notice of hearing in GA through sherif dept. But can't find Defendant. What's next step?

Can I ask judge for eservice to defendant? At his email address?

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 20, 2021

Texas Family Code 82.043(c) has your answer.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Texas on
Q: What would happen to my stepdaughter (6yo) in the event of her mother's death in Texas?

I have been married to my stepdaughter's mother for 5 years. My stepdaughter has lived with her mom, myself, and her younger half-sister (my bio-daughter) that entire time. Her bio dad lives 1300 miles away and sees her 2 times a year, however, he does facetime 3-4 times a week. My... Read more »

Sharita Blacknall
Sharita Blacknall answered on Aug 20, 2021

There is a presumption that biological parents have a superior right to their children over anyone else. You would have to file for custody and show the court why it is in the best interest of the child that the court ignore that presumption in favor of you.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Power of Attorney to act in legal matters in texas court?

Hi, I am in texas and I want my brother to act of my behalf in my childsupport and alimony cases in court. I am so tired of the defendant s threats and harassments.

I donot want to see his face during hearings anymore or talk. I want my brother to act and attends court hearings on my... Read more »

Teri A. Walter
Teri A. Walter answered on Aug 16, 2021

I suppose you could do this, but it's unlikely that having someone else act for you would end any "threats and harassments" by the other side. In addition, there will likely be times when your personal presence is required - such as for testimony. Your absence even at other times is... Read more »

1 Answer | Asked in Family Law for Texas on
Q: I just found out I am the father of a baby boy in state care in Mn I live in TX . He is 9 months old what can I do

His mother has had her rights taken away and social services is trying to demand I go back to mn and leave my job and home everything basically in order to fight for my son who they are trying to have adopted I only found out 1 1/2 ago

Teri A. Walter
Teri A. Walter answered on Aug 16, 2021

You need to talk to a family lawyer in MN. While it will likely be necessary for you to appear at a hearing, it should not be necessary to move.

2 Answers | Asked in Family Law, Adoption, Antitrust and Appeals / Appellate Law for Texas on
Q: How do I file my evidence in appeallant federal court if my Attorney's not responding nor submitted ever
Charles William Michaels
Charles William Michaels answered on Aug 9, 2021

First, I am not a Texas attorney. That being said, generally there is no evidence presented at the appellate level. The case proceeds from a final judgment of the trial court and whatever evidence was presented there.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: What kind of proof do I need to show the judge?

I signed for child support i wanted 50/50 custody but father said no he wants full custody he lied to the judge about my child living with him judge took his verbal word from him gave him temporarily full custody and all rights wile i pay for child support and get every 1st 3rd and 5th weekends... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Aug 5, 2021

I would suggest that you hire a family law attorney in the San Antonio area right away. The attorney will be able to assist you in putting forward your best argument for the upcoming final hearing or perhaps assist in settling the matter via mediation.

The fact that your child has been...
Read more »

1 Answer | Asked in Divorce and Family Law for Texas on
Q: What should I do to protect my son and I if my wife just left to another city without saying anything and left my

What should I do to protect my son and I if my wife just left to another city without saying anything and left my son behind with me

Juan G Ramos
Juan G Ramos answered on Aug 5, 2021

Every divorce and child custody case is very unique. So keep in mind that my response is general. If your wife has truly abandoned you and your child, you can immediately file a divorce or suit affecting child relationship petition requesting a temporary restraining order. This restraining order... Read more »

1 Answer | Asked in Federal Crimes, Family Law, Civil Rights and Juvenile Law for Texas on
Q: cps lied in affidavit, lied on the notice of removal, attorney isnt responding to my calls, false drug test ? what to do

allegation were physical abuse, in which in the affidavit my child stated to not be true, presumptive marijuana test when i delivered my child but my baby passed all testing for drugs and mental issues but i was reported by a mental dr that i didnt qualify for mental services. the judge who signed... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jul 24, 2021

We hear these kinds of pleas for help far too often in Texas due to the nature of our system. I won't go into all the systemic problems which contribute to the CPS nightmare which you find yourself in. The good news is this: there is help out there. The bad news is this: the help you need is... Read more »

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Texas on
Q: An elderly friend is being kept in a rehabilitation facility against her will. Who can help?

She became critically ill 3 months ago. She was hospitalized then sent to a rehabilitation facility when she began to recover. Her daughter has a medical power of attorney. She has been okayed by her doctors for release but her daughter will not allow the facility to do so. The daughter (and other... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 6, 2021

Other than your friend herself, the only person who can decide where she lives is a guardian of her person. An agent under a Medical Power of Attorney does not have this authority. An agent under a Medical Power of Attorney only has the authority to convey someone's wishes when they cannot... Read more »

1 Answer | Asked in Family Law and Criminal Law for Texas on
Q: Do I need a lawyer to file a restraining order? Residential issues

Harassment and death threats. I'm getting nowhere attempting to file order for my safety of myself and children. Also i have a home in my name that my ex and her husband has been living in for over 6 years that keeps me from moving forward in my Life. A case is filed with KPD and i have heard... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 1, 2021

Sometimes the office of the District Attorney in the county where you live will agree to do the legal work of filing an application for a family violence protective order. If that happens, you won't have to pay for attorney's fees because the D.A.'s office is on the government... Read more »

2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Texas on
Q: If my ex gets charged for domestic violence can I get full custody? She only lets me get my son every other weekend now

She’s going to loose her job the investigator said she will be charged with a Class A misdemeanor and she will loose her job

Sharita Blacknall
Sharita Blacknall answered on Jul 1, 2021

If you currently have a custody order from a court you will need to apply to modify it. If you do not have a current custody order from a court you will need to get one.

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1 Answer | Asked in Family Law for Texas on
Q: Yes I understand you need to speak with a family lawyer see how do I go about trying to get help with pressing charges

The person is my daughters aren't I already have file two police reports and she's currently doing thingsI

Teri A. Walter
Teri A. Walter answered on Jun 29, 2021

If she's doing things that are a crime, you start by calling the police. The District Attorney will determine whether charges will be filed.

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Texas on
Q: my soon to be ex wife attacked me in my sleep while kids was in the home she’s being questioned soon

Can I get full custody this isn’t the first incident i just want my son so he can be raised by me his father she is extremely toxic we are going through a divorce

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 29, 2021

Talk to your divorce attorney about filing an application for a family violence protective order.

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2 Answers | Asked in Wrongful Death, Estate Planning, Family Law and Real Estate Law for Texas on
Q: The Frail Elderly Family Protection Act: Can it over turn the appointment of the POA & MPA due to wrongful death?

Forensic pathologist reported youngest sibling murder my mother.

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 24, 2021

A power of attorney expires with the person who granted it.

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1 Answer | Asked in Family Law for Texas on
Q: I was denied a child name change because I was told that the father has not technically been identified as the father.

Although there is an active child support case however when it started 7 years ago he opted out of getting a dna test, but he is on the birth certificate. What can I do now to get it approved

Sharita Blacknall
Sharita Blacknall answered on Jun 22, 2021

In general, you will need his agreement to the name change or you will have to go through the legal process for people who are not in agreement. That usual means serving him with the petition for the name change, setting a hearing for the name change, and giving him notice of the hearing.... Read more »

1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Constitutional Law for Texas on
Q: Did Trevor go around LH after she left the ER?

There isn't enough information that proves Copeland seen the child after the visit to the ER. The ER doctor didn't mention anything about the child being strangled then. How can one say for sure that the mother didn't hurt the baby in the time from the ER discharge to the arrival of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 18, 2021

The conviction was affirmed on appeal. See: https://law.justia.com/cases/texas/sixth-court-of-appeals/2013/06-13-00044-cr.html

1 Answer | Asked in Family Law for Texas on
Q: Can we do anything about bio mom taking stepson with her to do audition rotations for med school?

Bio mom is wanting to take stepson with her and have him do virtual school for her audition rotations that could last for up to a year and isn't sure if she will be able to get him to us for our visitation weekends. They have joint managing conservatorship. Some of her rotations that she has... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 10, 2021

If you want to change the current order you will need to file for a modification.

If the current order is being violated you will need to file for enforcement of the current order.

A person can do anything that does not violate the current order or violate the law.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My son's father has gave me my son back. How do I get myself taking off child support

Can I get some of my back child support money taken off since I have had my child more than the father

Sharita Blacknall
Sharita Blacknall answered on Jun 7, 2021

FIle for modification of your current order.

The attorney general will help you if both parents are in agreement.

1 Answer | Asked in DUI / DWI, Family Law and Child Custody for Texas on
Q: My boyfriend is currently on probation for 3 dwi’s, can I stop him from getting unsupervised visits when our son is born

Boyfriend has a blower in car and continues to get drunk almost daily. He is now also smoking the CBD vape pens. The thought of him having unsupervised visits with our newborn in November terrifies me

Sharita Blacknall
Sharita Blacknall answered on Jun 2, 2021

When the child is born you can file a suit affecting the parent-child relationship. That will allow you to get an order from the court regarding where the child will live, who the child will live with, visitation, child support, health insurance, and medical expenses not covered by insurance.... Read more »

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