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Questions Answered by Sharita Blacknall
4 Answers | Asked in Family Law and Child Custody for Texas on
Q: Need help understanding a court order.

IT IS ORDERED that the conservators shall have possession of the child at times

mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession ofthe child under the specified terms set out in this Modified... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 28, 2023

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

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: can i remove my kids from syepmother temporay guardianship. father drown saving son she got a lawyer norified 7days late

the children where not supervise one was drowning.father dies saving him. base on lies the wife has my kids. she turn the accident all on me i dint even live in that state. she went a got a lawyer open a case for emergency guardianship and i dint even know whats going on. she threaten my kids if... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 28, 2023

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

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3 Answers | Asked in Family Law for Texas on
Q: Is my marriage valid or invalid?

My husband used his mothers last name on the marriage license to get married but his drivers license has his fathers last name

Sharita Blacknall
Sharita Blacknall
answered on Aug 24, 2023

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...
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3 Answers | Asked in Civil Litigation, Small Claims, Divorce and Family Law for Texas on
Q: Common law yes or no?

I bought half an acre while married to an ex and in a relationship with my new girl.

i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 24, 2023

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...
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3 Answers | Asked in Child Custody and Family Law for Texas on
Q: How do I contest a motion to confer with child?

I'm suing for custody of my youngest son. My ex is attempting to use the judge to make a decision since she brainwashed him. I want to challenge her motion, I do not want this done.

Sharita Blacknall
Sharita Blacknall
answered on Aug 22, 2023

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...
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2 Answers | Asked in Divorce and Family Law for Texas on
Q: in Texas. Can I divorce if the was fiscal abuse with out his consent, not waiting the 60 days. no protection order.

there is no children in common. any way I can speed the process and no press changes?

Sharita Blacknall
Sharita Blacknall
answered on Aug 22, 2023

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...
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: What should my first steps be in this situation? Note: other parent refuses to communicate

My ex-husband and father of my 14 year old and I share joint managing conservatorship of our daughter with me being the primary parent. She lives with me and he has visitation whenever we agree or per our standard possession order. In the last year there have been a couple incidents that have... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 17, 2023

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,...
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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: Can I file for a temporary orders hearing after a re trial is granted and not happening until next year?? (Child custody

the motion for a retrial was granted in my custody case, taking me from 50/50 with my child back to once a month per the old order. It is extremely high conflict.

I am extremely worried about my children’s emotional well-being and physical well-being. It is being re tried because I... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 15, 2023

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...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: After the 20 day waiting period of an Ex Parte Order, can I go get my kids?

Ex wife filed an Ex Parte Order against my husband. It was signed July 24th. It is now 21 days since it was signed. The order states that it is only in place for 20 days or unless the judge terminates it. Judge has yet to make any moves on our case. Since the 20 days is up, can I legally go get my... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 14, 2023

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...
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3 Answers | Asked in Family Law and Civil Litigation for Texas on
Q: What is an “amended pleading”? When can it be filed?

7 months after the final decree was signed the defendant has now filed a new petition using the old cause number: Defendant's Petition for Judgment Nunc Pro Tunc. Of course, they are claiming a "clerical error" but asking the Court to modify the 7 month old final order. In the... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 14, 2023

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

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: How can I get to see my daughter at least one day out of the week
Sharita Blacknall
Sharita Blacknall
answered on Aug 14, 2023

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

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3 Answers | Asked in Divorce and Family Law for Texas on
Q: Recently filed for divorce but pregnant with partner's baby (not spouse's). Do I have to reveal pregnancy?

My partner and I are planning to get married at the courthouse before the baby is born in February. No cheating involved; my ex and I have been long-term separated/agreed to divorce so there is absolutely no question of paternity, we only delayed filing til recently because we were figuring out... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 10, 2023

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...
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2 Answers | Asked in Adoption, Child Custody, Contracts and Family Law for Texas on
Q: My sister-in-law and brother have offered to have a baby for us. How do we do it legally without courts and agencies?

My husband and I have been together for 15yrs and in that time we adopted a 4yr old who is now 10. We've always wanted more kids but the agency route just didn't fit our situation. My sister-in-law and brother have kids of their own and know they don't want anymore but have offered... View More

Sharita Blacknall
Sharita Blacknall
answered on Aug 1, 2023

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

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2 Answers | Asked in Family Law and Child Support for Texas on
Q: I just filed for child support. The other parent is a first responder and most of his income is from 1099.

Will they base his payments on both or only on his primary job.

Sharita Blacknall
Sharita Blacknall
answered on Aug 1, 2023

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...
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1 Answer | Asked in Family Law and Adoption for Texas on
Q: I have raised my Niece for the past 5 years since my sister passed. Can I adopt her since she's 18 without my husband?

I want to adopt my Niece, but am married. I want to know if I adopt her would my husband need to be involved, or is this something I can do without him? He knows about the adoption, but I don't want him to be on the adoption paperwork. Her biological father hasn't been involved in her... View More

Sharita Blacknall
Sharita Blacknall
answered on Jul 30, 2023

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...
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1 Answer | Asked in Family Law, Military Law and Child Custody for Texas on
Q: ex husband trying to take kids away, restraining order. I’m in military training now. What should I do ?

I’m in the middle of military training and my ex served me papers trying to get child support, pay for his attorney and put a temporary restraining order. I am 2 week away from moving training to another state and I have 20

Days to answer

Sharita Blacknall
Sharita Blacknall
answered on Jul 30, 2023

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...
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: What else should I do get my son back I been talking to district attorney's to court cps n they can't help me out
Sharita Blacknall
Sharita Blacknall
answered on Jul 30, 2023

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

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: What actions do I need to take to ensure my ex pays Child Support and doesn't endanger our daughter on his motorbike?

My ex-husband refuses to pay the child support that we agreed to in divorce (has previously sent some money when he feels like it but it was never through proper child support routes, and he decides when and if he sends the money, and he is around $20,000 behind over the last 6 years)... and he is... View More

Sharita Blacknall
Sharita Blacknall
answered on Jul 30, 2023

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

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1 Answer | Asked in Family Law for Texas on
Q: How can I go about changing my sons lastname? His father isn’t in his life and he left to another country

His father left when my son was 3 months , but his name is on the birth certificate

Sharita Blacknall
Sharita Blacknall
answered on Jul 13, 2023

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....
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My girlfriends ex said she has been served for custody ( not seeing her daughter for 3 months) but hasn't seen papers.
Sharita Blacknall
Sharita Blacknall
answered on Jul 10, 2023

If your girlfriend hasn't physically received any papers, she may not have been served properly. A proper service typically involves the papers being delivered personally by a process server or constable, as you mentioned. In cases of alternative service approved by a court, they could be left... View More

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