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Questions Answered by Sharita Blacknall
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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2 Answers | Asked in Child Support and Family Law for Texas on
Q: I pay child support, and my kids refuse to see me. What rights do I have to enforce visitation?

I'm being told by their mother that they don't have to talk to me or see me if they do want to. They are 17,15,14 years old.

Sharita Blacknall
Sharita Blacknall answered on Oct 18, 2020

If you have an existing court order, hire an attorney to file for enforcement of the court order.

I would also suggest asking your attorney to file something so that the children can be interviewed by the court to find out if it is true that they don't want to come to visitation. If...
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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: Do I have enough to ask for full custody?

My question has been answered. Thank you!

Sharita Blacknall
Sharita Blacknall answered on Oct 18, 2020

You guys should probably sit down and have a rational conversation about a schedule that would be less stressful for him. If you guys come to an agreement, you can hire an attorney to turn your agreement into a legally binding court order.

If you guys cannot come to an agreement you can...
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Mother with custody was deported, Me the father without custody Will keep child, how can get custody?
Sharita Blacknall
Sharita Blacknall answered on Oct 18, 2020

Hire an attorney to assist you with getting a court order that gives you primary custody.

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

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I live with the father of my kids and I want to leave and take my kids with me. I no longer feel like it’s safe for us.

Can I do that without his consent

Sharita Blacknall
Sharita Blacknall answered on Sep 27, 2020

Anyone in fear of the safety of themselves and their children must get themselves out of harm's way.

I suggest that if you do not have a court order in place already regarding custody, visitation, and financial support that you hire a lawyer as soon as possible to get one.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Have court order for 2 hour weekly visitation Saturdays 2-4pm. Just told we, the custodial and courts cant force kids

Have been "allowed" facetime visits only since March due to Covid. Been Sundays 1230 - 230 but kids started to just hang up with no explanation after 15mn to an hour. Told them next visit will be 2pm - 4pm Saturday inperson wherever they want. Replied we couldnt force them to go or stay????

Sharita Blacknall
Sharita Blacknall answered on Sep 22, 2020

Hire a lawyer to assist you with enforcing your custody rights. You may also want to consider getting a court order for family counseling to figure out why the children are resisting attending visitation.

1 Answer | Asked in Family Law for Texas on
Q: My parents have conservatorship of my daughter. I just took a nail drug test and passed. What steps do I take now?

After I got in some legal custody my parents took me to court and the judge gave them conservatorship of my daughter. It has been over a year and I have taken a nail drug test at their request. What do I do now?

Sharita Blacknall
Sharita Blacknall answered on Sep 22, 2020

Consult with an attorney to see if a modification is likely at this time. There are a lot of factors to be considered other than the nail test result.

2 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My wife and I are separated and are planning on divorce but she has kept my daughter from me for 3 weeks What can I do ?

I have tried contacting her multiple ways and she ignores all communication when I ask about our daughter ... we are still married just seperated and she filled for divorce 3 days after the baby was born in may but has not furthered the process, my two sons cry to see their sister almost... Read more »

Sharita Blacknall
Sharita Blacknall answered on Sep 21, 2020

You should hire a lawyer to assist you with moving the divorce forward and get your legal visitation rights started.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Do I need a lawyer if I filed for modification of custody/ divorce decree? I haven’t heard from the court about a court.

I filed for modification of custody. My ex husband drove drunk to police station with our child, assaulted me, and evaded arrest. Before that, he was sending me threatening and harassing text messages constantly. He also refuses to refinance the car that he was awarded in the divorce so its... Read more »

Sharita Blacknall
Sharita Blacknall answered on Sep 22, 2020

I would advise you to get a lawyer. There are a lot of issues involved in your case. A lawyer will be able to assist you in addressing each of them in the correct way.

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3 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Can I get custody changed if child claims they were hit by other parent? And another person living in home?
Sharita Blacknall
Sharita Blacknall answered on Sep 9, 2020

If you can prove a material and substantial change and that the change is in the best interest of the child.

Keep in mind that there is nothing illegal per se about corporal punishment. Therefore, this situation will be dependent upon the totality of the circumstances.

If you...
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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: can a custodial parent leave to another state with child if a child support order exist, we are still married

my wife and i are separated and she moved from San Antonio TX to Henderson NV, she did not notify me that she was moving. I have not seen my son since April, because she has been using covid as a reason, but she sent my mother a letter that she left town along with photos of my son from trips she... Read more »

Sharita Blacknall
Sharita Blacknall answered on Sep 3, 2020

Check your order to see if there is a geographic restriction that does not allow her to move to another state. If there is you can hire a lawyer to file an enforcement action. In addition, COVID cannot be used as an excuse to deny visitation generally.

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2 Answers | Asked in Child Support and Family Law for Texas on
Q: If the non custodian parent filed for a modification on child support can he cancel it if it hasn't gone through yet?

If the non custodian parent filed for a modification due to being laid off and he got his job back can he cancel the request for a modification if it hasn't been established yet? It didn't help any to ask for a modification because it took forever and I got my job back before it was even modified.

Sharita Blacknall
Sharita Blacknall answered on Sep 3, 2020

Yes if you initiated it.

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3 Answers | Asked in Criminal Law for Texas on
Q: I'm asking on behalf of a friend. If his girlfriend is 13 and the boyfriend 18. And the girlfriend is pregnant. But the

Parents have them consent. Is that ok or?......

Sharita Blacknall
Sharita Blacknall answered on Aug 25, 2020

Parents cannot consent to illegal activity. Girlfriend cannot consent to illegal activity.

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1 Answer | Asked in Family Law for Texas on
Q: I need help on revoking some papers I signed some time back and now my daughter is being abused where is now
Sharita Blacknall
Sharita Blacknall answered on Aug 24, 2020

If you think your daughter is being abused you should contact the police or cps.

In addition, you can hire an attorney to assist you with filing a modification of the parent-child relationship or an original suit affecting parent-child relationship if there has never been one.

1 Answer | Asked in Family Law for Texas on
Q: Can my son’s mom not let me have my ordered visitation due to unpaid medical expenses.

My son is 17 and injured his elbow playing baseball back in March, their have been MRI’s and Dr visits involved. I provide insurance and my company set up an account to when EOB’s are filed, i can submit them to an AHR account provided by my employer and get reimbursed 80% of all out of pocket... Read more »

Sharita Blacknall
Sharita Blacknall answered on Aug 24, 2020

Payment of child support and medical support is not linked to visitation. Hire a lawyer to enforce your visitation, but understand that an enforcement action can be brought against you also for failure to pay medical support.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: Hello , i was wondering if i can get some information on what i should do about rights of my children

My wife and i have been separated for about 4 years now. i haven't seen or talked to my kids in 2 years. She has cut off all communication to where i cant talk to the. All i want is something to do with my kids

Sharita Blacknall
Sharita Blacknall answered on Aug 24, 2020

If you guys are not divorced, you need to hire a divorce attorney to file for divorce and get court-ordered visitation.

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