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Questions Answered by Sharita Blacknall
1 Answer | Asked in Family Law and Child Custody for Texas on
Q: my kids dad is refusing to give my youngest son back what can i do i have possession of the kids
Sharita Blacknall
Sharita Blacknall answered on Jan 4, 2021

If a court order is being violated there are several options. You can hire an attorney to file for enforcement of the order and/or a writ of habeas corpus/writ of attachment.

Please note that what I am saying is for general information and education only.

1 Answer | Asked in Family Law for Texas on
Q: daughter is going to their fathers, my husband is diabetic and worried due to covid they are having family gathering

Many other relative by fathers house will be attending, I'm concerned what if she get the visit and bring it back home, can I require him to have her tested before returning home

Sharita Blacknall
Sharita Blacknall answered on Dec 21, 2020

No. If it is not court ordered you cannot require anything.

2 Answers | Asked in Criminal Law, Family Law, Real Estate Law and Child Custody for Texas on
Q: Does a child custody order override a criminal trespassing warning?

My roommate's ex picks up the kids from our place. I have a criminal trespassing warning telling him he can't come onto the property. He says he doesn't have to follow that because he has a custody agreement. I read the custody agreement and it doesn't say he has to be on the... Read more »

Sharita Blacknall
Sharita Blacknall answered on Dec 15, 2020

You could call the police to state that he violated the trespass warning. But, he could file a motion to enforce his visitation rights against you.

If you want your court order to change the place to exchange the children you will need to file a motion to modify your current court order....
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My ex is in jail. His wife is saying that the custody order is still on. Do I have to send them with her if he's gone?

She's saying it's a violation of our custody agreement if I don't let them go to their house for Christmas break. He's not there, he's in jail and has been for 3 months. I don't feel comfortable leaving them there for 3 weeks without their father present.

Sharita Blacknall
Sharita Blacknall answered on Dec 3, 2020

A judge can consider a person in jail to have voluntarily relinquished their right to possession. Thus, making a person not in violation of a court order.

Please keep in mind what I am saying is general information and is for educational purposes only. You should hire an attorney to assist...
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1 Answer | Asked in Family Law for Texas on
Q: ex is trying to take me to court for paternity year later but she admitted to being married & cheating. What can I do?

Ex is trying to take me to court for a baby I didn’t know she was having in 2019 and it’s been over a year I just got a letter about court during the pandemic. what can I do to have the case dropped?

Sharita Blacknall
Sharita Blacknall answered on Dec 3, 2020

You should hire an attorney to assist you.

If you do not answer the lawsuit timely she will get a default judgment against you. Which means she gets what she is asking for.

You need to get a DNA test to see if the child is yours.

If the child is not yours the case will be...
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I filed a SAPCR case in March 2019. There’s been no movement is there anything I can do?

I filed to have my daughters last name changed and to get full custody. Since filing it has now been over a year since we’ve had any contact from her biological dad. We are at the point where an attorney ad litem has been appointed and paid but it’s been 6 months and she refuses to file the... Read more »

Sharita Blacknall
Sharita Blacknall answered on Dec 3, 2020

More information is needed to determine why the ad litem is refusing to submit paperwork to the court.

It is the job of the publication ad litem to make sure that the other party is properly before the court and all efforts have been made to find that person.

The court will not...
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2 Answers | Asked in Criminal Law for Texas on
Q: 14 year old living in my home for 2M. Min contact with biomom. Can biomom force her to come home if she doesn’t want to

14YO has expressed she doesn’t want to go back to her mom. Mom and 2 brothers are in a 1BR RV. 14YO has been here for over 2 months. Not sure what to do.

Sharita Blacknall
Sharita Blacknall answered on Dec 3, 2020

Yes, bio-mom can force 14 year old to come home.

If the child is being abused or neglected the proper step is to contact child protective services.

If you keep the child without taking proper steps you could be charged with a criminal offense for harboring a runaway....
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Do I have to relinquish my kids to the mother without a court order? Cps has called and said i have to.

I am a father of two boys, ages 3 and 4. Recently their mother and I seperated because she confessed to infidelity. About two weeks have passed and she has made false claims against me that involves abuse. These are false, neither her nor i have obtained an attorney due to financial issues. It is... Read more »

Sharita Blacknall
Sharita Blacknall answered on Dec 3, 2020

More information is needed before an answer can be given.

If CPS has a court order that must be followed.

If CPS does not have a court order and you and the mother have an existing court order in place that must be followed.

If CPS does not have a court order, you and the...
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1 Answer | Asked in DUI / DWI, Family Law and Child Custody for Texas on
Q: My name is lisa and my daughter just had a baby and he tested positive for meth, which ;) shouldn't have because she

Can a person be denied guardianship over a child that has an 8 year old or longer dui charge?

Sharita Blacknall
Sharita Blacknall answered on Nov 18, 2020

It depends on the totality of the circumstances and the person's current situation. The person seeking guardianship can file with the court under certain circumstances in order to show that they are a good candidate for guardianship.

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Can I judge take my kids and all my rights away without having proof that I'm unfit
Sharita Blacknall
Sharita Blacknall answered on Nov 18, 2020

More information is needed. However, in general, the court needs clear and convincing evidence that a person is mentally or physically abusive to their child before the termination of parental rights. If child protective services is involved in the case there are numerous reasons that a... Read more »

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1 Answer | Asked in Family Law for Texas on
Q: My 15 year old daughter lives with her father and his wife has pshyically and verbally abused her over the years

My son is 18 and he lives with me now because of the same issues as my daughter how can i get rights to see her and pick her up or her stay with me where she is happy and safe she is so depressed

Sharita Blacknall
Sharita Blacknall answered on Nov 18, 2020

If you and the father have a court order in place already, you will have to file for a modification from the court. If you and the father do not have a court order in place you will need to file to get one. You are also going to likely need a child custody evaluation, a request for Judge to... Read more »

1 Answer | Asked in Child Support and Family Law for Texas on
Q: Who can I talk to if I have any questions about my current court order (child support)?

Custodial parent is making their own schedule rather than going by court order she moved to NV from TX and refuses to tell me where she is so I can go by court order and pick him up from her residence or meet me at the airport but without the date for school let out I don’t know when I’m... Read more »

Sharita Blacknall
Sharita Blacknall answered on Nov 9, 2020

If you have a current court order that is not being complied with by the other party you need to hire a lawyer to file an enforcement action.

If you need help understanding your current order, pay a lawyer to review it and explain the parts you don't understand.

2 Answers | Asked in Adoption and Family Law for Texas on
Q: how can my husband adopt my 11and 12 year old?

there father hasnt been around since they were 2yrs old hasnt paid child support or given anything financial. was given the oppertunity to write the state that he was the father and agreed that the sate help mee and its been 10yrs

Sharita Blacknall
Sharita Blacknall answered on Nov 4, 2020

The children's father's parental rights have to be terminated and an adoption filed for your husband.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can my partner take my kids.

After agreeing on split custody of our 2 kids we got back together not much later. Our court orders were one week me one week with him, and both had to stay residents of Ector County. 2 years ago we moved to San Antonio because of His job. We have decided to split again.He has now been w/o a job... Read more »

Sharita Blacknall
Sharita Blacknall answered on Nov 2, 2020

I suggest you hire a lawyer immediately. If the Ector Co. order is the last court order then it is in effect until a judge says otherwise.

If you want to get a new court order in your new county you will need to legally get your order transferred to the county you are in and then have the...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Modification of divorce Decree "Urgent Matter" Divorced 2 Months ago and had no Legal Representation.

Modification of divorce Decree "Urgent Matter"

Divorced 2 Months ago and had no Legal Representation.

Change of Circumstances

1- He kept the family business, and I was legally working there, the decree does not state I was going to be left without job.

2-... Read more »

Sharita Blacknall
Sharita Blacknall answered on Nov 2, 2020

The best advice I can honestly give you at this time is to hire a lawyer.

If you cannot afford a lawyer go to legal aid for your county to see if you qualify for a free lawyer.

Your situation is complicated and time-sensitive so you will need someone with legal expertise to help.

1 Answer | Asked in Family Law for Texas on
Q: I was wondering if a 17 year old that's being abused can leave home and move in with her biological mom

Her biological mom has joint custody of her along with her father and aunt and uncle

Sharita Blacknall
Sharita Blacknall answered on Oct 26, 2020

The best course of action is for the Mom to hire an attorney to file a modification of the current court order. If the child is being abused an emergency hearing can be requested.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Hi I'm primary custodian of my daughter and about a month ago cps put her in her dad's temporary care my case is gonna

Close in the next week but recently he let me know that he was going to take me to court for custody and he said he was going to keep her even if my case is closed & even if I have court order from the judge saying I'm primary custodian till we go to court and they decided..can he do that... Read more »

Sharita Blacknall
Sharita Blacknall answered on Oct 18, 2020

You should hire an attorney to assist you with this matter. There are a lot of issues going on in the scenario you are describing.

You are required to operate under the last court order signed by a Judge until that order is changed.

If there is a restraining order against a person...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can a lawyer broker a child support agreement when he knows his client is returning to prison and won’t live up to it?

Would this constitute any ethics violation?

Sharita Blacknall
Sharita Blacknall answered on Oct 18, 2020

No. Going to prison doesn't negate the fact that a person is obligated to pay child support.

***This is for educational purposes and does not constitute an attorney-client relationship***

1 Answer | Asked in Family Law for Texas on
Q: I live in texas and my kids live with my here in texas their father lives in Mississippi and I called and reported him

for abuse. our finaly custody was done in Mississippi. do I need a new lawyer in Mississippi or here in texas

Sharita Blacknall
Sharita Blacknall answered on Oct 18, 2020

A lawyer is needed in both Texas and Mississippi.

One approach is to get a lawyer in Texas to file to register the Mississippi order in Texas. At the same time, a lawyer in Mississippi can file a plea to jurisdiction or whatever the equivalent is in Mississippi.

****This is for...
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2 Answers | Asked in Family Law for Texas on
Q: If a father has acknowledgment of paternity and he is on the birth certificate can the mother keep the child from him?
Sharita Blacknall
Sharita Blacknall answered on Oct 18, 2020

No. But, the father should hire a lawyer to establish himself as a legal father and get a court order that outlines who the child will live with, where the child is allowed to live, visitation, child support, and medical support.

***This is for educational purposes and does not constitute...
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