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2 Answers | Asked in Family Law for Texas on
Q: Do I legally have to tell my ex partner that I am going into labor if i do not want him there?
Sharita Blacknall
Sharita Blacknall
answered on Jul 30, 2023

No, in Texas, there's no legal requirement to inform your ex-partner that you're going into labor. However, if he's the biological father and seeks rights after the baby is born, he can pursue this legally. Always consult with a local family law attorney for advice specific to your situation.

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1 Answer | Asked in Family Law for Texas on
Q: How can I go about changing my sons lastname? His father isn’t in his life and he left to another country

His father left when my son was 3 months , but his name is on the birth certificate

Sharita Blacknall
Sharita Blacknall
answered on Jul 13, 2023

Generally...........

Petition for Change of Name: You will need to file a petition with the court for a name change. This must be filed in the county where the child resides.

Service and Notification: Texas law requires that you notify the absent parent of the pending name change....
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My girlfriends ex said she has been served for custody ( not seeing her daughter for 3 months) but hasn't seen papers.
Sharita Blacknall
Sharita Blacknall
answered on Jul 10, 2023

If your girlfriend hasn't physically received any papers, she may not have been served properly. A proper service typically involves the papers being delivered personally by a process server or constable, as you mentioned. In cases of alternative service approved by a court, they could be left... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Need help with custody of a 15 year old who will turn 16 in Nov 2023. Dad is fighting. I need a pro bono please.

My daughter currently visiting me (mom) for the summer in TX. She decided to stay with me and not go back to dad after summer in Maryland who has the primary custody. She will be turning 16 in November. She can decide where she can live but Dad completely disregarded her decision. He has been... View More

Sharita Blacknall
Sharita Blacknall
answered on Jul 9, 2023

The first step in this process would be to consider filing a modification of the existing custody order. Since the original order is from Maryland, you would typically need to file the modification there, unless the child has been in Texas for at least 6 months. In that case, you may be able to... View More

1 Answer | Asked in Family Law for Texas on
Q: How do I file a motion to revoke community supervision because the NCP is not paying pursuant to the orders?

I've filed an enforcement, he was found guilty of contempt and given a 30 suspended sentence and he has still not complied.

Sharita Blacknall
Sharita Blacknall
answered on Jul 9, 2023

If the non-custodial parent (NCP) is not complying with the court's order, and you've already taken the initial steps of enforcement and the NCP was found in contempt but is still not complying, you have several options:

Office of the Attorney General: You can seek assistance from...
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1 Answer | Asked in Family Law for Texas on
Q: How do I obtain temporary guardianship of my adult daughter who has had a mental breakdown and is starving herself

I have put her in the hospital on an EDW five times in the past 3 yrs. She refuses all mental health care. They stabilize her physically and discharge her. She comes home and starts the starvation again. She does not take care of her son or her personal affairs. I need to be able to make medical... View More

Sharita Blacknall
Sharita Blacknall
answered on Jul 7, 2023

Here are the general steps you might need to take:

Consult with a Guardianship Attorney: This is a complex area of law, and it's important to get advice from a professional who understands the nuances of Texas law.

File an Application for Guardianship: This is done in the...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can a judge overturn another judge's decision document after it has been enforced for 4 years in a child's custody case?

Judge signed a Temporary Custody order in 2019 in favor of the father. Father being appointed the Sole Temporary managing Conservator. Mother states she did not receive document in time to respond. She was aware of this document for 4 years and she had Supervised visitation during that 4 years... View More

Sharita Blacknall
Sharita Blacknall
answered on Jul 3, 2023

When it comes to child custody orders, it's crucial to understand that the paramount consideration is always the best interest of the child. That said, here's some information that might be helpful:

In Texas, once a judge has issued a custody order, it can be quite difficult to...
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1 Answer | Asked in Civil Rights, Constitutional Law and Family Law for Texas on
Q: My step kids have told me things about their father and i would like to see what my options are for my privacy

my wifes ex who i have never met or have had communication with up to third party, told the kids that he knows i bought a gun recently and that if i show up to the pick up and drop off that he would call the cops on me. The kids have also told me that he has driven 3 hours to my house that is on a... View More

Sharita Blacknall
Sharita Blacknall
answered on Jul 3, 2023

In your situation, which involves elements of family law, privacy law, and potentially harassment, here are a few possible steps you could consider:

Document Everything: Maintain a record of all incidents, noting the exact dates, times, and specifics of what happened. This could be crucial...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: Cps showed up after I had my nose broken in a domestic violence incident. Told me that I was not a perpetrator in the

Not a perpetrator in the case. Asked me to take a drug test which I failed....what are they going to do?

Sharita Blacknall
Sharita Blacknall
answered on Jul 1, 2023

After a failed drug test, CPS may take a number of steps. These could include:

Developing a Safety Plan: CPS might create a plan with actions that you need to follow to ensure your child's safety. This could include things like drug treatment, counseling, or participation in other...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Hello. I am separated and have 50 50 with my 9 year old daughter. The father is very controlling. He says that I need

His permission to take her places. For example, I want to take her to a museum for an exhibit that she will love, although he said no because it is too dangerous because it is in the city. He says that he can take her there and anywhere because he is a man and can protect her. Does he have the... View More

Sharita Blacknall
Sharita Blacknall
answered on Jul 1, 2023

Under Texas law, when parents have joint managing conservatorship (Texas's term for joint custody), both parents typically share the rights and duties of a parent. This means that unless otherwise specified by a court order, each parent has the right to make decisions about the child's... View More

2 Answers | Asked in Divorce and Family Law for Texas on
Q: Beyond the Motion, what else do I need in filing a Motion for Interim Attorney Fees?

In March 2023, my wife filed for divorce in Dallas, TX which is where we both live. I responded with my Answer and Counter Petition. We're in the discovery phase after completing Initial Required Disclosures. She hired an attorney using her substantial cash reserves, while I lack financial... View More

Sharita Blacknall
Sharita Blacknall
answered on May 23, 2023

When you submit your Motion for Interim Attorney's Fees in Texas, you're essentially asking the court to order your spouse to pay for your legal representation. It's important to understand that most attorneys consider the award of attorney's fees by the other spouse to be a... View More

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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: My child’s father has actively given up his visitation time over the past several years. Can I still get child support?

My child is 15. Me & his father were never married and have nothing legal in place. It has always been verbal agreement. I would like to have child support go through the AG but I fear it will appear as I am refusing visitation. But I am not. Dad gives his time up and our child now no longer... View More

Sharita Blacknall
Sharita Blacknall
answered on May 3, 2023

You have the right to contact the AG's Child Support Division to establish and enforce child support orders. By doing so, you can initiate the process of obtaining child support from the child's father.

It is important to note that each case is unique, and outcomes can vary based...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: Try to see who would get custody of our kids if the mom has history of addiction with drugs and mental health issues has

Trying to see who would get custody of our kids if the mom has history of addiction with drugs and mental health issues has not worked in about 3 years or be involved with the kids much.

The father has been there for the kids day to day things, worked and supported the family financially... View More

Sharita Blacknall
Sharita Blacknall
answered on May 3, 2023

When determining custody arrangements, Texas courts prioritize the best interests of the child. The court considers several factors, including the physical and emotional well-being of the child and each parent's ability to provide a safe and stable environment.

In a situation where one...
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1 Answer | Asked in Family Law and Child Support for Texas on
Q: How do I turn my registry only child support case into a full service case?

I have a 50/50 custody agreement and I am trying to get a modification but my ex closed the case with the Attorney Generals office. I don't know which application to fill out to get it back to a full service case.

Sharita Blacknall
Sharita Blacknall
answered on May 3, 2023

Contact the Texas Attorney General's Office: Reach out to the Texas Attorney General's Office or the local child support office handling your case to discuss your situation. You can explain that you want to convert your registry-only case into a full-service case and ask for guidance on... View More

3 Answers | Asked in Family Law and Child Custody for Texas on
Q: Im the non-custodial parent, I moved to California. In order for my daughter to come visit me her mom wants me to make

the changes. Some of what the decree says is old and not updated. I dont know how to go about it.

Sharita Blacknall
Sharita Blacknall
answered on May 2, 2023

You need to file a modification. Review your order, make note of all the provisions you want changed, gather any evidence that is relevant to the requested changes, and hire a lawyer in the county that your order is based on or the county where the child lives if the child is no longer in the... View More

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3 Answers | Asked in Family Law and Child Custody for Texas on
Q: I'm being denied my court ordered visitation time by the other parent. What do I need to do to file for enforcement?
Sharita Blacknall
Sharita Blacknall
answered on May 3, 2023

If you are being denied court-ordered visitation time by the other parent in Texas, you can take the following steps to file for enforcement:

Review your court order: Carefully review the court order that outlines your visitation rights. Ensure that you understand the specific details and...
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1 Answer | Asked in Family Law for Texas on
Q: Wife left me a week after getting married in 98, was the marriage still valid after 17 years? She left w prior boyfrien

She left with prior boyfriend and she was never found by the court or investigators or Internet, only sister died 10 years ago of cancer and never found her either. I’m divorced from her now, Again. the question is: After 17 years was the marriage still valid if it was never consumed and never... View More

Sharita Blacknall
Sharita Blacknall
answered on Apr 27, 2023

Hire a lawyer to do a divorce by publication.

2 Answers | Asked in Family Law, Personal Injury and Civil Rights for Texas on
Q: Even though I am an adult living with my parents, are they allowed to deny me access to water or the bathroom?

Since December 27th of 2022, my parents have been locking me in the garage with no insulation, with no access to water or the bathroom.

Sharita Blacknall
Sharita Blacknall
answered on Apr 24, 2023

Leave and seek assistance if necessary.

In Texas, there are various resources available to help victims of abuse and neglect, including adult protective services, domestic violence hotlines, and legal aid organizations. It is important to know that you have the right to live in a safe and...
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1 Answer | Asked in Contracts, Divorce and Family Law for Texas on
Q: i REALLY NEED TO KNOW IF IM REALLY MARRIED. I HAVE BEEN TRICKED

WHEN I LOOK IT UP ON PUBLIC RECORDS IT DONT COME UP UNDER MY NAME BUT IT DO HERS. IVE NEVER SIGNED NO PAPERS. AND ITS LOCKED ON THE PUBLIC RECORDS

Sharita Blacknall
Sharita Blacknall
answered on Apr 24, 2023

Go to the records building to request a copy of the marriage license. Ask for it under your name and hers.

Here is the address for Dallas: Records Building - 500 Elm Street, Suite 2100, Dallas, TX 75202.

1 Answer | Asked in Family Law for Texas on
Q: How do I find out if an estranged daughter died? I don't have her married name. Her mother and I do not communicate.
Sharita Blacknall
Sharita Blacknall
answered on Apr 21, 2023

If you are trying to find out if your estranged daughter has passed away in Texas, but you do not have her married name, it may be more challenging to obtain this information. However, there are still steps you can take to try and locate her. Here are some options:

Contact other family...
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