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Questions Answered by Sharita Blacknall
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.

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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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

Sharita Blacknall
Sharita Blacknall answered on Jul 1, 2021

You can request full custody and a protective order in your divorce.

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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 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 »

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can i ask for temporary removal of my child from her father in a temporary child support hearing?

My child is currently with her father and our case is pending in court, his attorney is requesting i pay temporary child support and his attorney fees right now, can my response to this ask that my child be temporary removed out of his care and for him to pay child support i do have proof he is not... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 1, 2021

You can file a counter-petition and request temporary orders. Request what you want and set a temporary order hearing requesting what you want.

1 Answer | Asked in Child Support and Family Law for Texas on
Q: How does child support payments work when your staying at home to care for my daughter with an illness?

I lost my job due to having to stay home to care for my four year old daughter recently diagnosed with epilepsy. I have always paid for child support for my two older children and unemployment denied me because my old job instead of firing me put I quit showing up. Which is true, I had to care for... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 1, 2021

Contact the child support office and tell them your situation. Tell them you need to modify or abate your child support.

Please note that if you are unemployed you are still responsible for paying some amount of child support. However, you may be able to get it lowered to the amount of a...
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2 Answers | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Texas on
Q: Do grandparents have custody rights in this situation? Texas

My friends sister has a 2 year old. They live with their parents. Without telling anyone, the sister checked herself into a mental health facility. She gave her son to a coworker to watch. The coworker does not normally interact with her son. The parents (parents of sister) want him to be back at... Read more »

Sharita Blacknall
Sharita Blacknall answered on May 24, 2021

No. The police will not get involved unless the child is being abused or neglected.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Mother's day weekend 2021, did it supercede dad's weekend on an expanded SPO in Texas?
Sharita Blacknall
Sharita Blacknall answered on May 21, 2021

Yes holidays like Mother's Day supersede the Texas standard possession order.

Pursuant to the Texas Standard Possession Order, if you are a mom, you are entitled to possession of your children beginning at 6:00 p.m. on the Friday preceding Mother’s Day. You then get to celebrate...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My child is 12 and has told us she wants to live in our home as opposed to her mom. How would a judge handle this?

Would they go by what my daughter has requested or would it be a big case to modify?

Sharita Blacknall
Sharita Blacknall answered on May 21, 2021

A request for modification and interview of the child can be filed.

Although a child requests to live with one parent versus another it is still at the discretion of the Judge to do what is in the best interest of the child.

1 Answer | Asked in Family Law for Texas on
Q: Me and my boyfriend split up. He has my son and will not give him to me. I don’t know how my son is. What can I do

I gave him my son on the weekend because we agreed he would bring him back. It didn’t turn out that way. All I want is to see my son and get my son back. Please help me

Sharita Blacknall
Sharita Blacknall answered on May 19, 2021

If you have a court order in place already you need to hire a lawyer to enforce that order. If you do not have a court order in place you need to hire a lawyer to get one.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: am I wrong for being scared to allow my child around his father due to inconsistency, aggression, and initially drugs?

I had my son 2017. His father and I were in a relationship. It ended a month after he was born due to him cheating. My son remained in my custody. He came to see him about 3 times before he disappeared for 4-5 months. I tried to contact him in the process and was not able to do so. His mother... Read more »

Sharita Blacknall
Sharita Blacknall answered on May 11, 2021

You are not wrong to be scared. However, if there is ever a court proceeding regarding custody and visitation that you can document all the things you are saying.

1 Answer | Asked in Family Law for Texas on
Q: In texas is May 14-16, 2021 considered the 2nd weekend of the month?
Sharita Blacknall
Sharita Blacknall answered on May 10, 2021

Yes

1 Answer | Asked in Family Law for Texas on
Q: If a person is married do she have to change her last name
Sharita Blacknall
Sharita Blacknall answered on May 10, 2021

No.

2 Answers | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Texas on
Q: I was attacked in my hotel room after door busted in and my child kidnapped the suspect went to jail yet Cps came

Why would Cps have the right to take my child if we were the victims and what can I do

Sharita Blacknall
Sharita Blacknall answered on Apr 30, 2021

There will be an initial court date where you can tell the Judge that you contest the removal of your children by CPS. The court will ask you if you need a court-appointed attorney or if you will be hiring your own attorney.

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1 Answer | Asked in Adoption and Family Law for Texas on
Q: How do I change my child’s name if I do t know who the father is?

The man I thought was my child name is not the father. Paternity test confirmed that and he left . I am in a relation an that man has raised my child since he was approximately 5 months old. How do I change my sons name. If I do not know who the father is. I traced the time line and only came up... Read more »

Sharita Blacknall
Sharita Blacknall answered on Apr 28, 2021

The court will likely want to appoint what is known as a publication attorney for the unknown father. Some courts will require you to file a motion for that and pay that attorney's fee.

Courts are not allowed to give you legal advice. So, you will have to research how to do it or you...
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1 Answer | Asked in Family Law and Child Support for Texas on
Q: Should I sign a dismissal if I'm pro se and want the petitioner who filed a motion to confirm child support, to pay the

Amount due allocated by OAG.? If I sign it he will still have to pay

Sharita Blacknall
Sharita Blacknall answered on Apr 27, 2021

This question cannot be answered without a review of the court file, the facts of the case, the law applicable to the facts of the case, what the other side is requesting, and your goal for the case.

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Child Support - Medical Expenses

I live in Texas - I have a friend who's ex-wife just popped up and said that he needed to pay 5 years of back medical expenses. I believe the ex-wife carries the daughter on her insurance since it was better originally. These would be additional medical expenses that he was completely unaware... Read more »

Sharita Blacknall
Sharita Blacknall answered on Apr 26, 2021

He needs to read his order to see what it says about giving notice to the other party of the expense owed. If the requirements in order were not followed he will need to make that argument to the court. The OAG is not going to argue anything on his behalf.

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