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Questions Answered by Sharita Blacknall
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: 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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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 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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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: can I give grandparent poa over my minor child if I have legal and physical custody without the NCP?
Sharita Blacknall
Sharita Blacknall
answered on Apr 21, 2023

Under Texas law, as long as you have legal and physical custody of your minor child and there is no court order to the contrary, you may give a power of attorney (POA) to a grandparent to act on your behalf regarding your child. However, if there is a court order that grants the non-custodial... View More

2 Answers | Asked in Family Law for Texas on
Q: My fiancé recently called off our engagement & wants the ring back. We live in Texas. Can I keep the ring?

We have no written agreements or pre-nups in place. Nor have we ever discussed these. From what I have read, Texas is a fault-based state and in my case, my fiance' broke off the engagement and expects me to return the ring. Shouldn't I be allowed to keep it?

Sharita Blacknall
Sharita Blacknall
answered on Apr 21, 2023

Under Texas law, an engagement ring is considered a "conditional gift" given in contemplation of marriage, and ownership does not transfer until the condition of the wedding is met. The Texas conditional gift rule contains an element of fault, meaning that if the engagement is broken off,... View More

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1 Answer | Asked in Family Law for Texas on
Q: Can we change my 10 year Olds last name without the father bring involved at all?

My daughter is 10. I gave her the father's last name at birth. He has NEVER been in her life. He also is NOT on the birth certificate. She wants to change her last name to mine. Can we do that without getting the father involved at all? It could potentially be dangerous if he is notified.

Sharita Blacknall
Sharita Blacknall
answered on Mar 13, 2023

In Texas, a parent can petition for a name change for their child, but notice must be given to the other parent, even if they are not listed on the birth certificate.

If the other parent cannot be located, the court will require notice to be given by publication in a newspaper and an...
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Can I press charges on my ex MIL for getting my phone blacklisted because I won’t let her see my child?

I left my narcissistic exboyfriend. His mom has always had a vendetta against me. If she doesn’t get her way , or I withstand my boundaries when she tries to control me, she threatens me with cps, cutting my service off (which I told her to so she couldn’t hold it over my head anymore), and... View More

Sharita Blacknall
Sharita Blacknall
answered on Feb 5, 2023

In the scenario presented, the phone is connected to the ex-MIL's account, giving her control over the service, including the ability to remove someone from the account. Based on the information provided, there does not seem to be any illegal activity committed in this case

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1 Answer | Asked in Family Law for Texas on
Q: Am I able to file spousal support by myself and if so, what forms what I need for Texas court

Wife kicked me out the house had an affair

Sharita Blacknall
Sharita Blacknall
answered on Jan 30, 2023

Yes. You will need to file for divorce and make the request.

Either spouse can request spousal support during the divorce process in Texas. However, the court can only award support if the requesting spouse doesn’t have enough property or income at the time of the divorce to provide for...
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1 Answer | Asked in Family Law for Texas on
Q: Can my husband keep my kids from me by going to my in laws out of state and locking me out while married?
Sharita Blacknall
Sharita Blacknall
answered on Jan 27, 2023

In the absence of a court order, both parents have equal rights to their children and both spouses have equal access to the home. However, if one parent is preventing the other parent from having access to the children or the home, it may be necessary to seek a court order to establish these rights... View More

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