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Questions Answered by Sharita Blacknall
1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How does the pickup and drop off work with a child who lives 110 miles from the non-custodial parent?

My daughter and I live in San Antonio and her dad is in Victoria. He works some weekends and his family is not wanting to work with me on the halfway point for pickup and drop off and I've told them that I'm being nice offering because I've always read that pick up and drop off is... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Nov 15, 2022

Read your order. If your order was done correctly, it should have instructions on pick up and drop off for visitation when the parent lives more than 100 miles away. If that language is not in there then you must follow the instructions that are in your order.

If that language is not in...
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1 Answer | Asked in Criminal Law, Divorce and Family Law for Texas on
Q: How do I find all pending charges against my cousin?

Need some good advice for my cousin to get him back on track he needs a good pro bono lawyer cuz he is caught up in some nonsense

Sharita Blacknall
Sharita Blacknall
answered on Nov 15, 2022

There is no central place for him to look for all charges. He will have to contact each county that he thinks he has pending charges. Many counties have websites where this information can be obtained. If the county does not have a website with this info, he can call the county clerk, district... Read more »

1 Answer | Asked in Family Law for Texas on
Q: What can I do if the person that has my son terminates our visit every time she doesn't like something

I get supervised visits but the lady gets mad when my son calls me mom or I let him she screams at him saying I am no one to him and if I allow him to know I'm his mom she will terminate our visits yesterday she made a huge seen at the park screaming in front of all the kids and my son he was... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Nov 7, 2022

You can file a motion to modify and ask to change the person who supervises.

You may also be able to get off supervised visitation if you can show that it is no longer necessary.

3 Answers | Asked in Child Support and Family Law for Texas on
Q: “The situation is appearing in court for a Motion for Enforcement and suit of Modification of Support Order”

My wife and I are the ones that have been trying to go to court about child support from her ex husband. My wife is wondering if we need a lawyer because of that question I posted.

Sharita Blacknall
Sharita Blacknall
answered on Sep 8, 2022

If you can afford an attorney you should get one. Enforcements and modifications are very technical. An experienced attorney will be able to help you navigate, prepare, strategize, and execute a plan based on your goals for the situation.

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My nephew who is 14 was kicked out of his home by his mother with no money, no shoes or food. Can I get custody?

He was on the streets for 19 hours before we were able to reach him, he was in North Carolina, we took him back to Texas and it took his mother two days to reach out asking about his whereabouts. She struck him in the face before the incident and she has an ongoing cps investigation when she... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Jul 18, 2022

In a situation like this, a petition for a suit affecting the parent-child relationship can be made to the court alleging abuse and neglect.

1 Answer | Asked in Family Law for Texas on
Q: Conservatorship and child support in texas for child living with godparents

Daughter has been living with them for six months, They are now filling for conservatorship even though this was supposed to be a temporary agreement.

Sharita Blacknall
Sharita Blacknall
answered on Jul 18, 2022

Yes, they have the right to file for a conservatorship if the child has lived with them for at least six months. But, that does not mean they will get it. Retain an attorney as soon as possible if you can.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My wife’s custody case with her ex might be in the process of transferred. How long do we have to find new attorney

They made a motion to transfer and we’ve been here for over a year so more than likely it will be transferred. Our attorney on this case is over 5 hours away and we will more than likely hire a new one up here in new location. Do we have a little time or can we file something to get us some time... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Jul 18, 2022

The transfer doesn't happen immediately so you will have a little time.

You should check the court website for the county the case is being transferred to at least once a week to see if it has been transferred. If the county does not have a court website contact the district clerk...
Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I’m in the state of Texas, non custodial parent no longer visits children, and has not paid his child support.

Will Seeking full custody be hard to get? Parent has not paid child support ever. It been 3years.

Sharita Blacknall
Sharita Blacknall
answered on Jul 18, 2022

There are a few options depending on what direction you want to go. Here is a couple: 1. You can request termination of his parental rights or 2. You can file for a modification to make you the sole managing conservator with exclusive right to make the major decisions and ask for enforcement of the... Read more »

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2 Answers | Asked in Criminal Law, Family Law and Civil Rights for Texas on
Q: My husband was cleared by CPS for the charges he is sitting in jail for, shouldn't his attorney have gotten him out?

Nasty custody battle long story short- ex husband started rumors about new husband, told police and they never investigated,they just put warrants out and arrested him. CPS sent me the ruling that HE IS INNOCENT and went to the jail to apologise to him. He has been in county for 16 MONTHS for... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Jul 18, 2022

CPS cases and criminal cases are 2 different systems. They have different standards and are trying to do different things. However, you can provide the cps disposition to your husband's attorney to provide to the prosecutor to request dismissal of the criminal charges. But, the prosecutor... Read more »

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1 Answer | Asked in Family Law and Child Support for Texas on
Q: How do I get a final order finalized if the attorney withdrew from the case? It’s been 2 yrs since we went to court.

AG is telling me come April the child support will end even though my daughter is only 12, because they only have a temp order in file. It seems my ex attorney didn’t finalize the final order after we went to court due to a past due invoice. What are my options to get them finalized?

Sharita Blacknall
Sharita Blacknall
answered on Mar 5, 2022

Hire a lawyer to assess where the case is procedurally, determine next steps for finalization and get a signed final order.

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...
Read more »

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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