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Questions Answered by Sharita Blacknall
1 Answer | Asked in Family Law and Child Custody for Texas on
Q: custody / visitation question

My son has 4 court order supervised visits by someone that the mother chooses. Every person we pick she says no about. Her excuses is she doesn’t know them. Which is not true because one of them has been in my child’s life since she was born and my ex’s life as well. Every time it is time for... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jan 20, 2020

You need to file a motion to enforce and modify the current order.

If you your funds are low I would suggest that you start thinking about how you can gather funds to hire a lawyer. Maybe you can save it up, borrow it, sell something, or pick up a side hustle. It may take you awhile, but...
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1 Answer | Asked in Adoption and Family Law for Texas on
Q: How can I stop an adoption process from an ex?

I was in a relationship for x years and I received conservativorship over my niece and during the process I was in a relationship which we are no longer together. I've been taken to court to modify an order that they weren't a part of and they requested standing, judge didn't rule and case went... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jan 19, 2020

You have a very complicated situation that cannot be answered in this forum.

You should hire an attorney to assist you with this.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: What does a father need to have for a compelling case in order for him to have custody of his children.

Mother and father were never married. And mother chose to leave

The father has a stable income and a house for the children. He also has a minimal criminal record in the past.

Sharita Blacknall
Sharita Blacknall answered on Jan 19, 2020

Mothers and fathers are equal under the law. It boils down to what the past history of caretaking has been, what the future caretaking plan is and what is in the best interest of the children.

There are also factors related to financial ability to care for the children, living...
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4 Answers | Asked in Divorce and Family Law for Texas on
Q: Can I file a divorce case in dallas if I was not physically living there for the past 6 months ?? it was my home before

Lived in dallas for about 10 months then went to canada on a vacation and now in Virginia for 2 months.. can I still file a case in dallas for divorce as it was my marital home. Will the residency issue stop me from filing ? Current expecting my first child so cannot travel immediately

Sharita Blacknall
Sharita Blacknall answered on Jan 19, 2020

You will not be granted a divorce in Texas while pregnant.

You must live in Texas for 6 months preceding the filing of divorce and in the county you want to file for 9-0 days prior to the filing of the divorce.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: What should I do if my unborn son's mother is already threating me with not being able to see my child be born

She is also threatening me with not being able to see my child and is refusing to give my son my last name

Sharita Blacknall
Sharita Blacknall answered on Jan 19, 2020

File a suit affecting the parent child relationship, ask for DNA test, and get a visitation schedule.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: If a father is on supervised visitation, can the mother move to a different state w/o reporting to court

the youngest daughter (13) wants to move with her dad so the mom moved from Texas to Florida without telling anyone. How do the visitation work with this situation? And was the mother supposed to report that she was moving?

Sharita Blacknall
Sharita Blacknall answered on Jan 2, 2020

If there is a court order in place, read the court order to see what is allowed. If the move is not allowed under court order then hire an attorney to enforce the order and make the mother return to Texas with child.

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3 Answers | Asked in Family Law for Texas on
Q: Mother still refuses to do what is court ordered for me to start my supervised visitation.

I was granted short term supervised visitation in august of 2018. General attorney had us go to court on october 3rd of 2019 to redo my child support. The judge learned my ex refused to do her part for me to see my daughter. On october 3rd the judge court ordered her within 7 days to have all paper... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jan 2, 2020

I understand your financial situation, but the longer you wait to enforce this order the harder it will be. Sometimes courts will look at your lack of enforcement for a long period of time negatively.

I also find when you have a parent that does not follow court orders and you do not...
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1 Answer | Asked in Family Law for Texas on
Q: What happens if ex does not respond to a summons for child custody

My ex did not respond to a summons. I have a hearing in 2 weeks. Is she able to show up to the hearing and request to set aside default judgement? If so, what reasons can she give.

Sharita Blacknall
Sharita Blacknall answered on Dec 31, 2019

If she shows up it will not be a default.

2 Answers | Asked in Divorce and Family Law for Texas on
Q: Do I need a lawyer to subpoena my ex-husband's financial records, who lives in another state?

I need my ex's financial records for two separate court cases, regarding child support modification and divorce. Do I need a lawyer to subpeona this information legally? We have been separated for two years and I am now unemployed and barely able to keep a roof over my daughters head. Long story... Read more »

Sharita Blacknall
Sharita Blacknall answered on Dec 31, 2019

It is not required to have a lawyer to apply for a subpoena. However, you are required to follow the same rules that attorneys are required to follow.

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2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for Texas on
Q: My husband is currently in prison for continuance family violence with me. Can my husband live with me when he is parole
Sharita Blacknall
Sharita Blacknall answered on Dec 30, 2019

He is to look at the terms and conditions of his release.

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4 Answers | Asked in Family Law and Child Custody for Texas on
Q: Can anyone come and take my son back from me?

My son had lived with his grandparents in LA for 2yrs with me trying to get him back for the last yr, they have refused, dad is now living there with his parents too, I have joint custody as managing conservator with his father, this last weekend when I was visiting I went and brought my son back... Read more »

Sharita Blacknall
Sharita Blacknall answered on Dec 30, 2019

Read your order to see who has the right to determine the child's residence.

If you have the right to determine the child's residence the grandparents can file a motion to modify that order based upon the fact that the child has lived with them for the past 2 years.

They may not do...
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2 Answers | Asked in Family Law for Texas on
Q: How can I stop my baby momma from taking my son wile I'm at work
Sharita Blacknall
Sharita Blacknall answered on Dec 30, 2019

Generally if you have a court order in place that says you are to have your son during that period and his mother picks him up in violation of that order you can file a motion for contempt, a motion for enforcement or contact the District Attorney's office to file a criminal complaint for... Read more »

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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Texas on
Q: I wanna sign my rights over on my daughter. Does there gotta be someone to take my spot for me todo so?
Sharita Blacknall
Sharita Blacknall answered on Dec 27, 2019

Generally in most cases a person will not be allowed to terminate their rights unless another person is taking their spot.

However, if CPS has an open case, a voluntary relinquishment is allowed in most cases without another person stepping in.

2 Answers | Asked in Family Law for Texas on
Q: a mother wrote and signed giving guardianship of her children to the grandmother and changes her mind 6 yrs like later

What should the grandmother do?

Sharita Blacknall
Sharita Blacknall answered on Dec 27, 2019

Hire a lawyer to file a suit affecting the parent child relationship if there was never a court order giving the grandmother guardianship.

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3 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My husband and I have just separated, I would like to have primary custody of our daughter. What are the steps for this?
Sharita Blacknall
Sharita Blacknall answered on Dec 27, 2019

File for divorce and request primary conservatorship.

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3 Answers | Asked in Divorce and Family Law for Texas on
Q: Who has to pay for my court mandated drug test that my soon to be ex husband wanted me to get done?
Sharita Blacknall
Sharita Blacknall answered on Dec 27, 2019

The person the judge ordered to pay.

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3 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: My ex-husband is 2 months behind on child support and does not provide health insurance, please advise.

I'm having concerns regarding my children's welfare & safety when they are with their father. He is an alcoholic and I do not know if he follows the court-ordered decree to keep sober during visitation weekends. He is behind on child support and does not pay through the state as he should, but to... Read more »

Sharita Blacknall
Sharita Blacknall answered on Dec 27, 2019

The Attorney General will assist you with filing a motion to enforce the child support and medical support order. You can also check with the probono section of the county bar association for the county you live in or check with legal aid.

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3 Answers | Asked in Divorce and Family Law for Texas on
Q: If you move after you file in a county to another county do you have to refile for a divorce.

My wife filed in Dallas County Texas and has moved to another county in Texas, does she have to refile the divorceor modify it?

Sharita Blacknall
Sharita Blacknall answered on Dec 27, 2019

No, as long as she initially met the qualifications to file in the county that she filed in.

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2 Answers | Asked in Adoption and Family Law for Texas on
Q: Hello, What would o need to enroll my sister in school with out my mother? Or how do I take temporary guardianship?

My sister is 10 and I'm 20. She lives in Mexico with my mom, but is a US born citizen. I would like to bring her to live with me( El Paso Tx) and go to school. What do I need to show I'll be her temporary guardian? Either for school, medical or just any other reason..

Sharita Blacknall
Sharita Blacknall answered on Dec 27, 2019

I cannot tell what county you are in from your post, but there is an attorney in my office that is experienced in both immigration and family law. We are in Dallas. Email me if you are near us. The consultation will not be free, but you will get the info you need. info@blacknallfirm.com.

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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: What are my rights? My chances at either type of custody? What Should my next step be? Am I Correct on all of this?

To sum up the situation the mother and largely her parents have put outrageous limits on when, where, and how long I can see my child. I’ve already met with a lawyer about my concerns with the age gap laws and there is no worry there.

1. I’m the father 18, the mother is 16. The mother... Read more »

Sharita Blacknall
Sharita Blacknall answered on Dec 27, 2019

HIre a lawyer to file suit affecting the parent child relationship to establish your legal rights.

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