Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Sharita Blacknall
1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My sister is in jail and I have her kids. Their dad is threatening to come pick them up. Do I have any legal rights?

I know he is not on one of the birth certificates but is on the other two.

Sharita Blacknall
Sharita Blacknall answered on Apr 7, 2021

If you do not have a court order giving you the right to the children you do not have legal rights.

Biological parents have a superior right to the children.

Below are some of the categories of people who can file for custody if they are not the biological parent. Please note that...
Read more »

2 Answers | Asked in Civil Litigation, Divorce and Family Law for Texas on
Q: How do I prove I am common law married in texas? The narcissist partner says they aren't as it doesn't serve need

had bank acct now closed. Current truck together, opened business with a partner while wife financially supported. Purchased motorcycle in his name and she paid payments and insurance, she or his mother paid storage intro as husband and wife. Received packages with spouse last name(packages not... Read more »

Sharita Blacknall
Sharita Blacknall answered on Apr 8, 2021

According to Chapter 2.401 the Texas Family Code, a common-law marriage must have these three elements:

1.The couple has agreed to be married;

2. The couple has agreed to live together as husband and wife;

3. The couple has represented themselves as a married couple to...
Read more »

View More Answers

3 Answers | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: How do I get my children back when non-custodial parent will not release

Non-custodial parent signed children up for daycare without my authorization, when I went to daycare they would not release them. Since there has been some abuse in this case, I did not want to go to Ron custodial parents home so my mother went to pick them up and she was abused. 911 was called... Read more »

Sharita Blacknall
Sharita Blacknall answered on Apr 9, 2021

A writ of habeas corpus and enforcement should be filed.

View More Answers

2 Answers | Asked in Family Law for Texas on
Q: My wife has a son from previous marriage and now she wants her son to go live with us even though I'm not agree.

Follow up question. Do I have any rights to say no?

Sharita Blacknall
Sharita Blacknall answered on Mar 29, 2021

If I read your question correctly that sounds like a marital issue and not a legal issue.

View More Answers

1 Answer | Asked in Child Support and Family Law for Texas on
Q: Custodial parent, mother, in Texas agreed to end child support . What are the steps to do so now?

Had a conference to adjust child support payments and custodial parent agreed to end payments. Judge said it's a private attorney matter. Does this just involve putting this in writing with an attorney or what are the steps?

Sharita Blacknall
Sharita Blacknall answered on Mar 25, 2021

You will need an order of termination signed by Judge.

Here are some options:

1. Research how to get this done on your own.

2. Contact the attorney general to see if they will help.

3. Hire an attorney to complete the process.

Please note that although the...
Read more »

1 Answer | Asked in Family Law for Texas on
Q: How do I request an officer as a witness for a family violence protective order case. I am defending myself

I can't find a probono lawyer near me my lawyer dropped my case last min

Sharita Blacknall
Sharita Blacknall answered on Mar 23, 2021

You will have to subpoena the officer.

1 Answer | Asked in Family Law for Texas on
Q: Can a CP move out of state if order says "determine the childs primary residence without regard to geographic Iocation"

I live in San Antonio for 2 years now, my ex lived in Midland, moved to colorado in mid-January, has not let me see my son in 4 1/2 years because my job requires me to travel. Divorce not filed, she has child another child with another man, I want to know if I have to get divorced in Midland... Read more »

Sharita Blacknall
Sharita Blacknall answered on Mar 22, 2021

It is unclear whether you already have an order in place based upon the way you worded the question and the description below the question.

So, I will give you some general information. A divorce can be filed in Tesas if at least one of the spouses has lived in Texas for 6 months prior to...
Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: My husband and I are going through a divorce we have court order documents for visitation but which is the regular SPO.

He has SPO orders but he lives with his sister who does not have a job and they are being taken care of by her boyfriend. The house has 2 bedrooms but there are 5 people in the house. 2 boys sleep in one bedroom and his sister and boyfriend sleep in the other. My husband sleeps in a pullout couch... Read more »

Sharita Blacknall
Sharita Blacknall answered on Mar 18, 2021

One solution is to ask court for a temporary restraining order to prevent visitation until a hearing is held on your modification.

1 Answer | Asked in Family Law for Texas on
Q: I have temporarily guardianship of a teenager we aren't related its more like a poa her mom and dad have no rights to

The woman that had full custody killed her self Kirsten the teenagers aunt went to court and got custody she didn't want her anymore so now I have her how would I go about getting permanent custody?

Sharita Blacknall
Sharita Blacknall answered on Mar 17, 2021

Your location says Louisiana so I am not sure if the case is in Texas or Louisiana.

But, you will need to file for custody in the state and county that has jurisdiction over the child. More information is needed to determine the jurisdiction.

I suggest that you set up a...
Read more »

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Visitation

I have court ordered visitation for my child. My order gives the days and time for my visitation. But My order doesn’t specify anything about the rules for exchange of the child. It does say “It is further ordered that all possession and access by (ME) shall be supervised by (my mother and... Read more »

Sharita Blacknall
Sharita Blacknall answered on Mar 16, 2021

More information is needed to answer this question.

But, in general, if the order is unclear on any term you can file a motion to clarify and the Judge can clarify the issue and the order can be redone with the clarification.

View More Answers

1 Answer | Asked in Family Law for Texas on
Q: My son father or grandmother have not returned my son home from a weekend visit. What can i do?

I do have child support orders signed

Sharita Blacknall
Sharita Blacknall answered on Mar 15, 2021

Contact the person that has the child. Request return in writing by email or text.

If not returned, get a certified copy of the order that says you are supposed to have the child.

Contact the police in the area that the child is being held and tell them that your child is being...
Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Texas on
Q: I need help filling out paperwork and how to navigate a sapcr in Texas.

The non custodial parent lives in New York and just visited the kids this year after being away since January 2020. The other parent refuses to co-parent with me and chooses to speak with my toxic family members. Just recently on March 10, he lied to a family member and it resulted in a false CPS... Read more »

Sharita Blacknall
Sharita Blacknall answered on Mar 12, 2021

You should hire an experienced family law attorney.

The issues you outline will require some knowledge and experience with the law and procedure in order to be done correctly.

1 Answer | Asked in Family Law for Texas on
Q: I have a modification case out of Dallas County Texas. During the course of my case, multiple judges have heard bits

and pieces of my case. Last judge stated, "one case one judge" is there case law or texas rule that supports this?

Sharita Blacknall
Sharita Blacknall answered on Mar 10, 2021

Your question is not really clear.

But, let me give a general principle. You get whichever judge is sitting in the court your case is assigned to unless you are successful at getting that Judge recused from the case due to a conflict of interest or grossly inappropriate behavior....
Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I was recently arrested and my charge is injury to a child .The allegations are from my son. I need help quick.

I have two kids a 13son and 15year old daughter . I have been divorced from my ex-husband for 10 years we have been to court just about every year since we have divorced. We just got out of court October 29,2020. He has been trying to take my kids from me for years and now he called CPS and I... Read more »

Sharita Blacknall
Sharita Blacknall answered on Feb 26, 2021

If you sitll need help go to my website to look at an estimate of costs and to schedule a consultation. www.blacknallfirm.com.

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I am a non-custodial parent with my sister being the custodial parent of my twin girls who are 10 years old.

My girls have stayed with me for the last two summers including holidays, weekends, and days off from school. I have no transportation and she has been dropping them off for visits. Last weekend I cancelled the weekend visit because of a winter storm. I have never cancelled before and this was the... Read more »

Sharita Blacknall
Sharita Blacknall answered on Feb 26, 2021

If her conduct is in violation of your current court order you can file a motion for enforcement and contempt.

View More Answers

2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My son has 2 boys 9 and 10 years old. He and the mother were together for 4 years. He paid everything including ins.

insurance and her mothers rent and taxes. They split and she only allowed him 1 hour on Sunday to see them and only what she said they can do. Now its at 2 hours but he has not seen them in 10 months. He try to call them at the assigned time she gave them but has instructed boys they dont have to... Read more »

Sharita Blacknall
Sharita Blacknall answered on Feb 10, 2021

Your son needs to hire an attorney to file a suit affecting the parent-child relationship. This will give him an enforceable order regarding visitation and child support. If the mother does not follow the court's order the Judge has the option to give your son extra visitation days to make up... Read more »

View More Answers

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: my kids dad is refusing to give my youngest son back what can i do i have possession of the kids
Sharita Blacknall
Sharita Blacknall answered on Jan 4, 2021

If a court order is being violated there are several options. You can hire an attorney to file for enforcement of the order and/or a writ of habeas corpus/writ of attachment.

Please note that what I am saying is for general information and education only.

1 Answer | Asked in Family Law for Texas on
Q: daughter is going to their fathers, my husband is diabetic and worried due to covid they are having family gathering

Many other relative by fathers house will be attending, I'm concerned what if she get the visit and bring it back home, can I require him to have her tested before returning home

Sharita Blacknall
Sharita Blacknall answered on Dec 21, 2020

No. If it is not court ordered you cannot require anything.

2 Answers | Asked in Criminal Law, Family Law, Real Estate Law and Child Custody for Texas on
Q: Does a child custody order override a criminal trespassing warning?

My roommate's ex picks up the kids from our place. I have a criminal trespassing warning telling him he can't come onto the property. He says he doesn't have to follow that because he has a custody agreement. I read the custody agreement and it doesn't say he has to be on the... Read more »

Sharita Blacknall
Sharita Blacknall answered on Dec 15, 2020

You could call the police to state that he violated the trespass warning. But, he could file a motion to enforce his visitation rights against you.

If you want your court order to change the place to exchange the children you will need to file a motion to modify your current court order....
Read more »

View More Answers

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My ex is in jail. His wife is saying that the custody order is still on. Do I have to send them with her if he's gone?

She's saying it's a violation of our custody agreement if I don't let them go to their house for Christmas break. He's not there, he's in jail and has been for 3 months. I don't feel comfortable leaving them there for 3 weeks without their father present.

Sharita Blacknall
Sharita Blacknall answered on Dec 3, 2020

A judge can consider a person in jail to have voluntarily relinquished their right to possession. Thus, making a person not in violation of a court order.

Please keep in mind what I am saying is general information and is for educational purposes only. You should hire an attorney to assist...
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.