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 mother passed away, can my dad get custody of my sister even if my parents were divorced?

My mother passed away last month. My youngest sister is 15, the only thing is that she had a different biological dad. And my mom has never lived with him. My mom had 4 children with my dad, so she always stuck around with him, so my youngest half sister got attached to my father and considers him... Read more »

Sharita Blacknall
Sharita Blacknall answered on Dec 4, 2019

The most peaceful way to do it is for both dads to talk and decide that they agree. Then, hire a lawyer to get a court order that makes it legal.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What is a registry only case?

The oag said I had a registry only case than it turned Into a full service case. My kids dad was in prison for long time. It was marked at 0 & only thing done was conservatorship. When I went to court 2 gentlemen pulled me to side & made sure I understood we would get nothing lottery winnings... Read more »

Sharita Blacknall
Sharita Blacknall answered on Dec 4, 2019

The attorney general's office has 2 different types of child support cases in their system: Full service and registry only. In a registry only case, the attorney general just collects the child support payment at the state disbursement unit and keeps a record of receiving it. A full-service case... Read more »

2 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Texas on
Q: What is made wholly default? What kind of cases can one make ahold default?
Sharita Blacknall
Sharita Blacknall answered on Dec 4, 2019

Default means a person was properly served and failed to submit a written answer or appear.

A person that has been defaulted can file a motion for new trial or a bill of review if they meet the requirements.

View More Answers

4 Answers | Asked in Family Law for Texas on
Q: Do i need a lawyer to file a written answer, or should I do it myself?

I've received a citation for personal service from the county clerk for a cps case. They've eliminated the perpetrator of no neglect, but is trying to force myself and my daughter to take agree to therapy, which I feel we do not need. I'm unsure of what I should do next.

Sharita Blacknall
Sharita Blacknall answered on Dec 4, 2019

Yes you can prepare and file your own answer.

View More Answers

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: how does a dad get Joint Physical and legal Custody of his child.
Sharita Blacknall
Sharita Blacknall answered on Dec 3, 2019

Hire a lawyer to file a suit affecting the parent child relationship and the lawyer will take it through the process until a final order is obtained.

During the process it must be shown that it is in the best interest of the child for the mother and father to have joint physical and legal...
Read more »

View More Answers

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: How strongly do courts try and grant joint custody?Parents were not wed and have not been together since before pregnanc

Have been trying to coparent. Child has lived with the mother the entire time. In efforts to keep the father included she allowed him to live with them for a little over 6 months although he didn't change his mailing address for another year because he has not had a place to live. He was kicked out... Read more »

Sharita Blacknall
Sharita Blacknall answered on Dec 2, 2019

In general, if there is no court order in place that restricts the mother and child's residence then the mother can move. In light of the scenario you described, the mother should consult with a lawyer about filing a suit affecting the parent child relationship and injunction that will address the... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I live in texas my child lives in louisiana with her mother. What state do i get a lawyer from to get joint custody?

I'm in a miserable situation with my child's mother. She is still bitter from our relationship that ended 6 yrs ago and she makes it hard for me to talk or see my child. I even bought her a cell phone that i pay the bill on every month and she takes and controls that. I send her montly every month... Read more »

Sharita Blacknall
Sharita Blacknall answered on Dec 2, 2019

Hire a lawyer in the state and county where the child resides. An original suit affecting the parent child relationship should be filed where the child resides.

You need to get a court order in place that tells you and the mother where the child will reside, what the visitation schedule...
Read more »

2 Answers | Asked in Family Law for Texas on
Q: My daughter is living in Cooke County. She is not married but living with the father of her 4-month-old. They signed an

Acknowledgement of Paternity form and the father's name is on the birth certificate. She does not know what her rights are as far as leaving Texas with the baby for a short amount of time- or for the long term. Please advise and direct me to any pertinent resources.

Thanks

Sharita Blacknall
Sharita Blacknall answered on Dec 2, 2019

A person can move with a child if there is no court order restricting moving.

View More Answers

2 Answers | Asked in Family Law and Juvenile Law for Texas on
Q: My daughter is 22 and now pregnant. Boyfriend is 17 can they be married without his parents signing that he can
Sharita Blacknall
Sharita Blacknall answered on Dec 2, 2019

He can petition the court to be emancipated as an adult. If his order is granted he can then apply for a marriage license as if he were 18 or older.

View More Answers

2 Answers | Asked in Family Law for Texas on
Q: Parents never married, father is on birth certificate, both parents signed AOP at hospital.

Father has child on health insurance. No court agreement or child support. Can the mother move away and not tell the father where they are?

Sharita Blacknall
Sharita Blacknall answered on Dec 2, 2019

If there is no order in place the mother can move. The father needs to hire an attorney to get an order in place to stop the move before the move happens and jurisdiction is established in place that the child is moved to.

View More Answers

2 Answers | Asked in Family Law for Texas on
Q: Cps took my 3 kids and placed the older two with their father. He is not allowing me to see or talk to them.

The youngest child is in foster care but we already have went to court about him. I’m only asking about my older two.

Sharita Blacknall
Sharita Blacknall answered on Nov 26, 2019

If you have an order that allows you to have visitation and you are not getting it you can hire a lawyer to file an enforcement action on your behalf.

Make sure that you are doing everything that you are supposed to do under the order.

If the order says you are supposed to do...
Read more »

View More Answers

3 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Is visitation different for children 3 months old? My sons dad moved 3 or more hrs away and now wants to be involved.

My sons dad was not involved during the pregnancy and even wanted to give up his rights at one point. I am having a hard time wanting to send my son 3 hrs away. However, I let his dad come get him last weekend and that whole week after my son came home his sleep schedule was off. His dad wants to... Read more »

Sharita Blacknall
Sharita Blacknall answered on Nov 25, 2019

Visitation for children under the age of 3 is usually done in phases that are designed to eventually lead up to the non-custodial parent getting the standard visitation with overnights on the first, third and fifth weekend, summer visitation, holidays, and spring break.

The phases usually...
Read more »

View More Answers

3 Answers | Asked in Family Law for Texas on
Q: What form do I file to terminate my parental rights to a child
Sharita Blacknall
Sharita Blacknall answered on Nov 24, 2019

Terminating your rights to a child is not as simple as it may seem. It depends on the situation and why a person wants to terminate their rights. Judge's have a lot of discretion when determining whether or not to allow a person to terminate their rights to a child. If the child is being adopted... Read more »

View More Answers

2 Answers | Asked in Divorce and Family Law for Texas on
Q: We lived in Texas for about 1.5 years. I left the the US to go to my home country in August 2019.

My husband filed for divorce after I left after in August.

I haven't received any papers from the court yet. My green card expires in December. After my green card expired will the divorce still take place in Texas? Has Texas still juristiction over me in this case or will it be my home... Read more »

Sharita Blacknall
Sharita Blacknall answered on Nov 24, 2019

In general, there are 2 types of jurisdiction to look at in the scenario you describe: 1. Jurisdiction over the divorce 2. jurisdiction over the custody of the children.

1. Jurisdiction over the divorce: The court can take jurisdiction over the divorce if at least one party's domicile was...
Read more »

View More Answers

2 Answers | Asked in Child Custody and Family Law for Texas on
Q: I will be movin. My 15 yr old doesn't want to leave because of his girlfriend. Can he legally chose to stay?

his dad wants to fight for custody so he can stay. Can he do that?

Sharita Blacknall
Sharita Blacknall answered on Nov 23, 2019

If you currently have an order in place that states your son is to live with you, his father can file to modify that order so that your son will be ordered to live with him. He can also ask the court to consult with your son about whether he wants to live with him. If the judge feels that it is in... Read more »

View More Answers

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I stopped my child support order back in 2017 because the kids went to live with their dad. Now I have them back and the

Dad is getting a lawyer to get the kids back. One point he told me to take them with me. At the time of the child support order I was living in Tyler. Now I have moved and the kids are enrolled in the town where I live. My kids were in a unstable situation so I did what any mother would do and took... Read more »

Sharita Blacknall
Sharita Blacknall answered on Nov 21, 2019

You definitely need to hire a lawyer as soon as possible.

2 Answers | Asked in Divorce, Family Law and Child Custody for Texas on
Q: What if his not following the joint custody agreement?
Sharita Blacknall
Sharita Blacknall answered on Nov 21, 2019

If it is a court ordered agreement hire a lawyer to file to enforce the order.

If it is an informal agreement then hire a lawyer to get a court ordered custody plan.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can my kid's dad keep me from info or picking them up from school if we have joint custody?

He has not let me have any of my visits. And he has on the paper work at the school that I'm not allowed to pick them up. My daughter is having behavior issues and I can't even help her because he gets a call if I try. Then he doesn't inform me of any thing medical or otherwise. What can I do?

Sharita Blacknall
Sharita Blacknall answered on Nov 21, 2019

If you have a custody order read it to see what you have been given the right to do. If the order gives you the right to pick the kids up and get information then no you cannot legally be stopped from doing it. if you have an order that allows it and you are being denied you need to hire a lawyer... Read more »

1 Answer | Asked in Family Law and Child Support for Texas on
Q: A woman has just put me on child support and paternity of the child hasn't been established yet a judge signed the order

I haven't signed any document saying child mine believe she forged my signature saying put me on child support..now they finna take money out my check

Sharita Blacknall
Sharita Blacknall answered on Nov 21, 2019

Hire a lawyer to help you get the order set aside.

4 Answers | Asked in Child Custody and Family Law for Texas on
Q: Custody hearing in Texas

In a custody hearing in Texas, is everything said by everyone in the court room recorded or documented? If so is it public record? Or is there any way to obtain a copy of it if it was my custody case? (My lawyer that represented me at the time of the custody case is now deceased)

Sharita Blacknall
Sharita Blacknall answered on Oct 27, 2019

Everything that is said is not recorded. What is said is recorded if there is a court reporter and the Judge tells the court reporter to start recording. Contact the court reporter for the court that your case was in and ask if there is a transcript for the date that you are interested in.

View More Answers

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.