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I need legal advice on obtaining full custody of my 2-year-old child. My child's father, who is also my abuser, was released from jail after being convicted of misdemeanor indecent assault and has a prior felony aggravated assault charge against me. There is no custody order in place, and no... View More 
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answered on Mar 13, 2025
I'm so sorry you're going through this. Your concerns for your child's safety are completely valid. In Texas, you can request a protective order for yourself and your child based on a history of family violence and the likelihood of future harm. Given his conviction for indecent... View More
How can I obtain a paternity test when my ex-girlfriend, who is pregnant, refuses to cooperate? I've tried discussing it, but both she and her current boyfriend are combative. There are no court orders in place yet, and I haven't consulted a family law attorney.
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answered on Mar 10, 2025
In Texas, you can file a Petition to Adjudicate Parentage before the child is born, but the court will not order a paternity test until after birth. Texas law does not allow courts to compel prenatal genetic testing.
Filing the petition early can help establish your legal interest in the... View More
I'm in the process of a divorce, and my spouse, who has a documented history of covert narcissistic abuse, has served me divorce papers three times but hasn't followed up with the court. My psychiatrist has documented my spouse's mental abuse. I am concerned that my spouse, who has a... View More
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answered on Mar 7, 2025
You can take control of the divorce process by filing for divorce yourself or filing a counterpetition if your spouse’s petition is still open. This allows you to move the case forward instead of waiting on your spouse. Hiring an attorney who will push the case forward can also help prevent... View More
I've been working on finalizing my divorce, and I have two children with my husband, who was deported to Mexico in 2019. We're dealing with a custody case, and I'm unsure how to proceed given his deportation.
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answered on Feb 26, 2025
You can absolutely move forward with finalizing your divorce and addressing custody in Texas, even though your husband was deported in 2019.
If he was properly served before deportation and has not responded, you may be able to proceed with a default judgment if all legal requirements have... View More
During ex-wife’s periods of possession they stay at their home w/ BF overnight (not restricted in our div decree), or on weekends they stay with him at his home 250 miles away in DFW. My 10 y/o son just told me with certainty that the BF has been smoking marijuana around him in both homes and... View More
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answered on Jun 23, 2024
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
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
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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
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
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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
My husband used his mothers last name on the marriage license to get married but his drivers license has his fathers last name
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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... View More
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
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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... View More
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.
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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... View More
there is no children in common. any way I can speed the process and no press changes?
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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... View More
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
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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,... View More
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
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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... View More
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
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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... View More
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
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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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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
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
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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... View More
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
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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
Will they base his payments on both or only on his primary job.
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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... View More
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
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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... View More
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