The decree states she can designate any competent adult to pick the kids up on her behalf. My issue is her sending her boyfriend to pick them up from me without notifying me beforehand every time that he is there on her behalf. She has said (after my prompting) that he is “designated” by her.... Read more »
You are not breaking any laws by asking the question. If you do not allow her to exercise her possession schedule, then you will be in violation of your order and open for an enforcement action. Maybe you can ask her, in writing, if you can send the children with him unless she tells you...Read more »
My daughter's father passed before she was born. My son receives the social security survivors benefits. Social security told me to get a legal sibling DNA test and to send them the sealed document. They rejected her application because I did not amend her birth certificate. I was told to... Read more »
If you have lived in Texas for 90 days and in your county for 6 months, you can file for divorce in your county. Once you file, you will have to serve the other party or obtain a waiver of service from the other party.
After 60 days has passed you can enter the final decree of divorce...Read more »
I left the father. Who i was never married to. He is still legally married to another woman. However he is on my daughters birth certificate. There are no court orders for custody or anything. So is it illegal for me to move myself and daughter out of state?
If you have no current orders, either parent has rights to the child. If you move without his agreement, he could file something in Texas and the court could order you to return. If you are in the new state long enough and he has not filed anything, you may be successful in filing yourself in...Read more »
My husband was given custody of his three kids when he divorced his ex-wife, she had the every-other-weekend, Saturday and Sunday, 2-6pm. Over the past year or so she has started being back in the kid's lives, and it has slowly gone back to basically 50/50 visitation, at my husband's... Read more »
Courts do not generally change custody unless it is in the best interest of the children. If there is no reason to change the current situation, then the court will not likely do so. However, the courts do expect parents to work together and most orders include language such as, "or as the...Read more »
Father did not give notice by April 1st. Still hasn't. I'm trying to make summer plans but he isnt communicating won't let me know when he's getting the kids. Is there a deadline for his court order summer visit w/out notice for June 15-july 27th? He is not communicating and my... Read more »
If your order says he has a default possession, then he has a default possession. I am sure it is inconvenient, but be where your order says to be on the day you he starts his possession. Otherwise you are in violation of the order.
he has been making all of the payments on the house out of his personal account. Recently he refinanced the house put it in his name ( kept me on the tittle) took cash out and bought a boat. in a divorce in texas is the boat legally half mine?
In Texas, everything earned during the marriage by each party is considered to be community property unless it can be shown otherwise. If he purchased the boat with community funds, it is presumed to be community property. Having an account in his name does not mean the account is his money....Read more »
This is an unfortunate but not uncommon situation. Provided the allegations regarding your maternal fitness are untrue, it is unlikely he will be successful. You do, however, need an attorney representing you to protect your interests.
My Niece is a 17 yr old Single Mom of a 4 yr old girl. My niece, was recently sexually assaulted and moved in with me (35 yr old Single Mom as well) but, The mother to my Niece filed for temp custody of her granddaughter (the 4 yr old) on terms that the mother isn't mentally able to take care... Read more »
Virginia Mother's 12/31/1998 Will leaves daughterX Texas land. Siblings Y & Z receive separate equivalent value bequests. On same date, lawyer presents for Mom's signature an irrevocable trust that removes Texas land from her estate to avoid estate tax exposure. Also, to avoid GSTT... Read more »
You are looking at significant litigation if the parties are not in agreement. In order to advise you, your attorney will have to review all of the documents. Time is of the essence; contact a local probate attorney right away.
A step-parent adoption is a relatively simple process, provided the biological mother and father agree to the adoption. The father can be served in prison; there is a very specific way to do that. Contact a local family law attorney who can walk you through all the steps and ensure that...Read more »
Contact a local family law attorney to work with you on the adoption. The attorney will prepare the appropriate documents for the biological father to sign, and prepare the documents needed for the court.
Your spouse will have to submit to a criminal background check and the court will...Read more »
I've tried putting her on child support but she wants to go to court and fight for full custody, even though shes neglected him in the past and has been very inconsistent with calling my son and she never visits him. Is it possible for her to actually achieve full custody?? And when I say... Read more »
If she files anything, contact a local family law attorney right away. In the meantime, keep good records of her contact with your son and any other information you might need if you had to go to court.
Texas courts prefer that children have the opportunity to establish a relationship with...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.