If you believe your child is being abused, neglected, or exposed to harmful conduct due to your ex-wife's boyfriend's behavior, you should file for a modification of the custody order and request a temporary order. Present evidence of the boyfriend's drug use and criminal history.... View More

Mutual Agreement Takes Precedence: The court order begins by stating that if both conservators can agree on when each of them will have possession of the child, then that mutual agreement will take precedence. This means they can decide on any schedule that suits them both, regardless of what the... View More

Given the gravity of your situation, it's essential to first emphasize a critical point: If the children and the temporary guardianship proceedings are in Texas, you should immediately consult with and retain a family law attorney in Texas. If the proceedings or the children are in a different... View More

Given the information provided and the grounds for void marriages outlined in the Texas Family Code:

Using a different last name on the marriage license from what appears on a driver's license does not fall squarely under any of the specified categories that make a marriage void, such... View More

Alright, considering what you've shared and the nuances of the Texas Family Code, here's some general information:

Legally Married vs. Common-Law: If you were legally married to your ex when you began your relationship with your new girlfriend, then you couldn't have... View More

Regarding child interviews in Texas, the Texas Family Code has specific sections that address your concerns:

When Can a Child Be Interviewed?: Per the Texas Family Code §153.009(a), the court can choose to interview a child in chambers to find out the child's wishes concerning who... View More

1. Divorcing Without His Consent:

Yes, in Texas, you don't need your spouse's consent to file for divorce. If one party believes the marriage is insupportable (has an irretrievable breakdown), then that's enough for the court to grant a divorce.

2. The 60-Day Waiting... View More

Retain an Attorney: Given the seriousness of the situation, it would be wise to retain a family law attorney who can advise you on the specifics of your case. They can guide you on the potential legal avenues available to you.

Document Everything: Begin keeping a detailed record of events,... View More

In Texas, family law matters such as child custody are guided by the principle of the "best interest of the child."

Temporary Orders: Temporary orders are designed to provide a short-term solution to immediate issues while a case is pending. Either party can request a hearing for... View More

Based on the Texas Family Code:

Duration of an Ex Parte Order: In Texas, an ex parte protective order lasts for a maximum of 20 days unless a hearing is scheduled within that period. If a hearing is scheduled, the order can be extended to the hearing date.

Terms of the Order: Always... View More

In Texas, when someone submits a document to the court to explain what they want or defend themselves, it's called a "pleading." Sometimes, after submitting the first document, they might need to change or add something. This changed document is called an "amended... View More

The information provided here is general advice. If parental rights have been terminated, different legal standards and procedures apply. Additionally, if there are allegations of abuse or neglect, the approach and factors the court considers can differ. Always consult with a licensed attorney in... View More

In Texas, if a child was born during the marriage but is not the biological child of the husband, consider the following aspects of the Texas Family Code:

Paternity: Texas Family Code § 160.204 states that when a child is born during a marriage, there's a legal presumption that the... View More

It's wonderful to hear about the support from your family. The complexities surrounding surrogacy, parental rights, and birth certificates would best be handled by consulting with a family law attorney in Houston who specializes in reproductive law. Here's a general outline of the steps... View More

In Texas, child support is generally calculated based on the obligor's net resources, which include all sources of income such as wages, commissions, overtime pay, rental income, and self-employment income (including 1099 income).

The Texas Family Code typically considers all available... View More

In Texas, an adult adoption (where the person being adopted is 18 years or older) is a much simpler process than adopting a minor. The consent of the adoptee is typically the main requirement.

Since your niece is 18, the adoption process doesn't require the consent of her biological... View More

Legal Representation: As you're currently undergoing military training, it's crucial to retain an attorney who specializes in family law as soon as possible. They can represent you in your absence and make sure your rights are protected.

Servicemembers Civil Relief Act (SCRA): As... View More

Given the complexity of family law cases, the details you've shared aren't sufficient for me to provide a comprehensive response. It's important to know why your son was removed, who has custody now, and what actions you've already taken. Please consult with a local attorney who... View More

Child Support Enforcement: If your ex-husband is not abiding by the child support agreement outlined in the divorce settlement, you can seek help from the Texas Attorney General’s Child Support Division. They have the authority to enforce child support orders and can use various methods to... View More

Generally...........

Petition for Change of Name: You will need to file a petition with the court for a name change. This must be filed in the county where the child resides.

Service and Notification: Texas law requires that you notify the absent parent of the pending name change.... View More