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Questions Answered by Sharita Blacknall
2 Answers | Asked in Family Law for Texas on
Q: I want my son back , his father who I have never been married to and is not on the birth certificate , has my son .

My son has lived with me his whole life . Why can't I just go get my son from his dad who has not established paternity ?

Sharita Blacknall
Sharita Blacknall answered on Jul 20, 2020

Hire an attorney immediately to assist you with writ and suit affecting the parent child relationship.

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2 Answers | Asked in Divorce, Family Law and Child Custody for Texas on
Q: Ex decided to not make me be supervised w/my kids anymore. now he’s mad at me and has demanded I now have a supervisor

Divorce decree says I have to be supervised when I have my kids by one of three of my family member's. (this is due to me not showing up for court for our divorce he won by default ) After doing this supervision deal for almost 2 years my ex then decided that there was no reason for me to have... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jul 17, 2020

Hire an attorney to file a modification of your current order. Gather all your documentation and witnesses that can attest to the fact that you have been with the kids on numerous occasions and give it to your attorney. Until you get a new order from the court you are to follow the current order.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How long does a parent have to complete drug test when ordered by judge?

I had TRO signed last month because daughter was sexually assaulted by her mothers boyfriend who's also been arrested for assault on the mom. went to court for TRO and they signed paper I had to go to drug test place and pay for the drug test for the mother to take. She had came and gone from... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 24, 2020

The time to take the test is usually set in the court order.

2 Answers | Asked in Family Law for Texas on
Q: I was served a protective order 2 weeks ago. Hearing was today and my ex nor her lawyer appeared. What happens now?

I was served an ex parte protective order two weeks ago from my ex-wife claiming abuse to my two children. She also opened a CPS case and after investigation it was closed with no findings of abuse. Today was the hearing and she nor her lawyer appeared. I was told by the baliff the case was taken... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 24, 2020

What happens next depends on whether your ex decides to continue with pursuing the protective order or decides to drop it. If your ex decides to to continue then a new date will be set for a hearing and you should receive notice of the new hearing date.

If you cannot afford a lawyer right...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How can i see my children and not go to jail because child support?

I have 5 kids with 2 different women. My first son i have full custody of. My other 4 i am not aloud to even talk to because their mother and her parents. I got another girlfriend and she told me i can no longer speak to her or my kids. If i try they will move to another state. Her parents are... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 22, 2020

A person can go to jail for not paying child support if they fall behind for a significant amount. The only way to get legal visitation rights is to have a court order signed by a judge. That order will include payment of child support. However, the other parent cannot stop visitation just because... Read more »

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: I had filed for a motion to transfer my case should I wait until I get approved to serve a copy to the petitioner

My child father is suing me for full custody of my son or visitation rights and he has never seen my son I also want to know if I do have a chance to terminate his parental rights cause he abandoned his child and has been charged with child endangerment and domestic violence against me and his... Read more »

Sharita Blacknall
Sharita Blacknall answered on Jun 24, 2020

If you feel the child is in danger hire an attorney to file an emergency request for relief. The attorney will take the appropriate steps to make sure that everything is filed in the correct place, that he hearing is set and that the other party receives notice of the hearing.

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2 Answers | Asked in Family Law for Texas on
Q: Do I have to answer every text message the father of my daughter sends me?

I recently left my partner of 8 years. We have a court order in which we share custody of our 6-year-old daughter. He sends me an excessive amount of messages throughout the day constantly asking about my daughter. He has already been advised by Police to not message me unless it's about the... Read more »

Sharita Blacknall
Sharita Blacknall answered on May 20, 2020

You are only obligated to follow your court order.

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2 Answers | Asked in Child Support and Family Law for Texas on
Q: Can I change my texas decree for the non custodial parent to help pay for college tuition, room, books and health ins

Does he have to help pay if he pays for his step kids to make it fair.

Sharita Blacknall
Sharita Blacknall answered on May 20, 2020

I have never seen a court do it unless the parties agree to put it in an enforceable order.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I never signed anything giving up my baby and I hot out off prison can I still get my baby back they do not let me talk

Her dad family has her and his in prision for domestic violence against me how can I get her back

Sharita Blacknall
Sharita Blacknall answered on Apr 30, 2020

You need to consult with an attorney. There are a lot of questions that need answering before a specific plan can be given to you.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Texas on
Q: If a non-custodial parent is absent for 2 years and has not paid child support. How do you prove that he was not there?

Would you be able to ask the child/children of his absence?

Sharita Blacknall
Sharita Blacknall answered on Apr 30, 2020

If this is for the purposes of a court proceeding discovery can be served on that person asking them to state the dates, places, times etc. that they claim to have been there. Next steps would be dependent upon that person's discovery responses.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: How do i write an answer to a motion for enforcement and suit for modification and order to appear and show cause?

I am about 3000 in debt. I have had 2 children since original order and one has a sensory disorder. I have a form from his dr saying i cannot work due to his therapy sessions and there being no one else to care for him. I just cannot afford to pay but do not want to go to jail which is a very real... Read more »

Sharita Blacknall
Sharita Blacknall answered on Apr 29, 2020

Contact court to see if you qualify for a court appointed attorney if you can't afford one. If jail is being requested for enforcement and you are indigent you should be eligible for one.

If they won't give you one go to a probono clinic to seek assistance.

1 Answer | Asked in Child Support and Family Law for Texas on
Q: My dad is paying back pay child support on me, My mom was Receiving all payments until she passed How Do I receive paym

She passed 2014 he’s been paying backpay Cs till this day And the child support payments has been just sitting there How do I go about transferring over the payments to me?

Sharita Blacknall
Sharita Blacknall answered on Apr 29, 2020

Contact the Attorney General for assistance.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: I have only been getting $500 a month for 3 kids since 2010.

My boys are both over 18 now so my ex only sends $400 a month now. We have not been back to court to amend anything. He recently quit his job and moved to Colorado with his his girlfriend. Now that he is out of a job I have gotten one late payment and no payment this month so far. What do I do?

Sharita Blacknall
Sharita Blacknall answered on Apr 28, 2020

Contact the attorney general for assistance.

There are very specific rules regarding child support enforcement for children over 18 so you need to contact attorney general as soon as possible to preserver your rights or retain an attorney.

Disclaimer: This information is for...
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1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: How can I buy a home and have it solely in my name?

My wife and I are planning on selling our home and buying two separate homes with the proceeds, one in Texas and one in Michigan. The mortgage on the Texas home will be solely in my name. Since Texas is a community property state, what can be done to ensure the house remains solely my property in... Read more »

Sharita Blacknall
Sharita Blacknall answered on Apr 28, 2020

You should consult with and retain an attorney.

In general there are different mechanisms that can accomplish this goal. One mechanism may be a partition and exchang agreement.

Disclaimer: This information is for educational purposes only and does not create an attorney-client agreement.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: If i try and pick my baby up from a non family member does that person's have to give me my child back??

My childs father won't let me see my baby or talk to her i have no idea if she is okay its been almost 4 weeks now if my child is at a home with the girlfriend do i have the right to pick up my child since she is mine??

Sharita Blacknall
Sharita Blacknall answered on Apr 28, 2020

There are more details needed to give you advice. You should consult with an attorney.

Do you have a court order in place that gives you specific days and times of visitation? If not, you need to get a court order in place immediately.

1 Answer | Asked in Family Law for Texas on
Q: can I deny my ex husbands fiancé to participate in my autistic sons therapy?

His fiancé has never had kids and my child says she is mean to him. My ex has a revolving door of women. I don’t think they will get married and I don’t want to add more drama unless he gets legally married.

Sharita Blacknall
Sharita Blacknall answered on Apr 28, 2020

In general, if the therapy occurs during the other parents time then they can bring anyone allowed by the therapist.

Unless, it can be shown that the girlfriend is physically and mentally abusive or the therapist says that the girlfriend should not come because it has a negative effect on...
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1 Answer | Asked in Family Law for Texas on
Q: Me, my fiancé & newborn son came to Louisiana from Texas to visit family, can I return home with my son without her?

It was only supposed to be a visit to show her family our son but with the recent covid outbreak we stayed longer that expected well now that we can return home she no longer wishes to live in texas & wants to stay in Louisiana. Can I legally leave with my son & go back home to Texas?

Sharita Blacknall
Sharita Blacknall answered on Apr 27, 2020

You need to consult with and retain an attorney.

There are some specific questions that you need to be asked to ensure that you will not be charged with kidnapping and that you have not been in Louisiana long enough to establish jurisdiction there.

In general, if an unmarried...
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1 Answer | Asked in Family Law for Texas on
Q: Hello I’m in Texas. I bought my home 2 years before we were married. Can my husband take half of my home if we divorce

Been married 3 years with a 1 year old. Can I refinance will that make it worse,

Sharita Blacknall
Sharita Blacknall answered on Apr 27, 2020

Community property is any property purchased or acquired during the marriage.

1 Answer | Asked in Family Law for Texas on
Q: My mother recently passed away, l know i'm the executor of her will but my sibling are trying to bypass me.

Me and my sibling had a falling out a couple yrs back,we havent spoken in yrs. They werent going to tell she passed they only did because of a insurance policy to which i am the primary benefactor and they could not get around that. They even as far as changing her funeral date so nobody got to... Read more »

Sharita Blacknall
Sharita Blacknall answered on Apr 24, 2020

Hire a lawyer to probate the estate.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: How do I go about getting custody back of my children if I signed an authorization for my brother to have them

I was dealing with cps and I signed for a family member to have them so my kids wouldn't possibly go off with someone else

Sharita Blacknall
Sharita Blacknall answered on Apr 24, 2020

Hire an attorney to advise you. There are a lot of factors that go into how to proceed in a matter like this.

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