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Questions Answered by Sharita Blacknall
1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Child Support - Medical Expenses

I live in Texas - I have a friend who's ex-wife just popped up and said that he needed to pay 5 years of back medical expenses. I believe the ex-wife carries the daughter on her insurance since it was better originally. These would be additional medical expenses that he was completely unaware... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Apr 26, 2021

He needs to read his order to see what it says about giving notice to the other party of the expense owed. If the requirements in order were not followed he will need to make that argument to the court. The OAG is not going to argue anything on his behalf.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can cps keep ur kids if u have done everything they have asked and more??

my problem was drinking and i quit and have done everything they asked plus extra. i have an 11 yr old almost 12 yr old and a 6 mo old baby.i think they are trying to give me my baby back cuz my husband is the biological father and leave my son with my parents cuz he loves and trusts them and wants... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Apr 23, 2021

A 12 year old can make his wishes known through his appointed guardian ad litem. It is still up to the Judge to decide whether what the child wants is in the child's best interest.

If you want someone involved in the case drug tested you can file a motion requesting the drug test and...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can my daughter's mother take my daughter and not let leave with her

She keeps saying I can come down there and visit her but I'm not on any visitation papers or anyting and I don't want visitation I want to actually pick up my daughter and go to my house and bring her back in a day or so I'm on the birth certificate she's my daughter I just... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Apr 22, 2021

Hire a lawyer to establish paternity, child support, a geographic restriction and a visitation schedule.

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1 Answer | Asked in Divorce and Family Law for Texas on
Q: I got married in usa and divorced in india. How do i update my marital status in usa?

I got married in usa in 2015 and my husband was a indian citizen who lives in usa as a temporary resident. 2 years after marriage we got separated due to reasons. And while i was visiting india we got divorced there. I am back to usa but my records still shows that i am still married to my ex... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Apr 20, 2021

I am not sure what records you are trying to update. But, contact someone where you are trying to update the records and ask them what they need in order to update your records. Also, you should order a certified copy of your divorce decree just in case you need it.

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: f I leave town to stay with my mother or sister with my son could I face legal consequences from my husband?

I need to leave my husband and he had threatened to take my son if I ever try to leave. I have no family or friends. No where to leave to in town.

Sharita Blacknall
Sharita Blacknall
answered on Apr 15, 2021

If there is no court order in place restricting your residence you can move. However, your spouse could file a motion requesting you move back because it is not in the best interest of the child to be moved. But, you get to also counter his argument that it is in the best interest of the child.... Read more »

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Can i get visitation to see my 4 grandkids from my bipolar daughter?

My daughter is bipolar, is off her meds, 10 years now. My husband and I have been in their lives for 10 years. She just cut us off. I am scared for the kids. She does not take proper care of them. We are heart broken. I was at every birth.

We just want to spend time with the kids.... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Apr 12, 2021

Grandparents do not have visitation rights just because they are grandparents. Grandparents have to meet other conditions of the family code in order to have the right to file for custody or visitation. And even then the Judge has wide discretion on whether to grant custody or visitation to a... Read more »

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2 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Constitutional Law for Texas on
Q: If you have a prior felony conviction, does it impact your eligibility for a last name change?

If you have a prior felony conviction, does it impact your eligibility for a last name change? If the case is 10 years old but the person wants to change his/her last name to match their family surname, will a prior conviction hurt these chances?

Sharita Blacknall
Sharita Blacknall
answered on Apr 13, 2021

Here are some of the requirements for name change in Texas:

-You are at least 18 years old.

-You file a petition asking for a name change in the Texas county where you live.

-You provide the court with complete information about all felonies and Class A or B misdemeanors...
Read more »

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My sister is in jail and I have her kids. Their dad is threatening to come pick them up. Do I have any legal rights?

I know he is not on one of the birth certificates but is on the other two.

Sharita Blacknall
Sharita Blacknall
answered on Apr 7, 2021

If you do not have a court order giving you the right to the children you do not have legal rights.

Biological parents have a superior right to the children.

Below are some of the categories of people who can file for custody if they are not the biological parent. Please note that...
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2 Answers | Asked in Civil Litigation, Divorce and Family Law for Texas on
Q: How do I prove I am common law married in texas? The narcissist partner says they aren't as it doesn't serve need

had bank acct now closed. Current truck together, opened business with a partner while wife financially supported. Purchased motorcycle in his name and she paid payments and insurance, she or his mother paid storage intro as husband and wife. Received packages with spouse last name(packages not... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Apr 8, 2021

According to Chapter 2.401 the Texas Family Code, a common-law marriage must have these three elements:

1.The couple has agreed to be married;

2. The couple has agreed to live together as husband and wife;

3. The couple has represented themselves as a married couple to...
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3 Answers | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: How do I get my children back when non-custodial parent will not release

Non-custodial parent signed children up for daycare without my authorization, when I went to daycare they would not release them. Since there has been some abuse in this case, I did not want to go to Ron custodial parents home so my mother went to pick them up and she was abused. 911 was called... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Apr 9, 2021

A writ of habeas corpus and enforcement should be filed.

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2 Answers | Asked in Family Law for Texas on
Q: My wife has a son from previous marriage and now she wants her son to go live with us even though I'm not agree.

Follow up question. Do I have any rights to say no?

Sharita Blacknall
Sharita Blacknall
answered on Mar 29, 2021

If I read your question correctly that sounds like a marital issue and not a legal issue.

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1 Answer | Asked in Child Support and Family Law for Texas on
Q: Custodial parent, mother, in Texas agreed to end child support . What are the steps to do so now?

Had a conference to adjust child support payments and custodial parent agreed to end payments. Judge said it's a private attorney matter. Does this just involve putting this in writing with an attorney or what are the steps?

Sharita Blacknall
Sharita Blacknall
answered on Mar 25, 2021

You will need an order of termination signed by Judge.

Here are some options:

1. Research how to get this done on your own.

2. Contact the attorney general to see if they will help.

3. Hire an attorney to complete the process.

Please note that although the...
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1 Answer | Asked in Family Law for Texas on
Q: How do I request an officer as a witness for a family violence protective order case. I am defending myself

I can't find a probono lawyer near me my lawyer dropped my case last min

Sharita Blacknall
Sharita Blacknall
answered on Mar 23, 2021

You will have to subpoena the officer.

1 Answer | Asked in Family Law for Texas on
Q: Can a CP move out of state if order says "determine the childs primary residence without regard to geographic Iocation"

I live in San Antonio for 2 years now, my ex lived in Midland, moved to colorado in mid-January, has not let me see my son in 4 1/2 years because my job requires me to travel. Divorce not filed, she has child another child with another man, I want to know if I have to get divorced in Midland... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Mar 22, 2021

It is unclear whether you already have an order in place based upon the way you worded the question and the description below the question.

So, I will give you some general information. A divorce can be filed in Tesas if at least one of the spouses has lived in Texas for 6 months prior to...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: My husband and I are going through a divorce we have court order documents for visitation but which is the regular SPO.

He has SPO orders but he lives with his sister who does not have a job and they are being taken care of by her boyfriend. The house has 2 bedrooms but there are 5 people in the house. 2 boys sleep in one bedroom and his sister and boyfriend sleep in the other. My husband sleeps in a pullout couch... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Mar 18, 2021

One solution is to ask court for a temporary restraining order to prevent visitation until a hearing is held on your modification.

1 Answer | Asked in Family Law for Texas on
Q: I have temporarily guardianship of a teenager we aren't related its more like a poa her mom and dad have no rights to

The woman that had full custody killed her self Kirsten the teenagers aunt went to court and got custody she didn't want her anymore so now I have her how would I go about getting permanent custody?

Sharita Blacknall
Sharita Blacknall
answered on Mar 17, 2021

Your location says Louisiana so I am not sure if the case is in Texas or Louisiana.

But, you will need to file for custody in the state and county that has jurisdiction over the child. More information is needed to determine the jurisdiction.

I suggest that you set up a...
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Visitation

I have court ordered visitation for my child. My order gives the days and time for my visitation. But My order doesn’t specify anything about the rules for exchange of the child. It does say “It is further ordered that all possession and access by (ME) shall be supervised by (my mother and... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Mar 16, 2021

More information is needed to answer this question.

But, in general, if the order is unclear on any term you can file a motion to clarify and the Judge can clarify the issue and the order can be redone with the clarification.

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1 Answer | Asked in Family Law for Texas on
Q: My son father or grandmother have not returned my son home from a weekend visit. What can i do?

I do have child support orders signed

Sharita Blacknall
Sharita Blacknall
answered on Mar 15, 2021

Contact the person that has the child. Request return in writing by email or text.

If not returned, get a certified copy of the order that says you are supposed to have the child.

Contact the police in the area that the child is being held and tell them that your child is being...
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1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Texas on
Q: I need help filling out paperwork and how to navigate a sapcr in Texas.

The non custodial parent lives in New York and just visited the kids this year after being away since January 2020. The other parent refuses to co-parent with me and chooses to speak with my toxic family members. Just recently on March 10, he lied to a family member and it resulted in a false CPS... Read more »

Sharita Blacknall
Sharita Blacknall
answered on Mar 12, 2021

You should hire an experienced family law attorney.

The issues you outline will require some knowledge and experience with the law and procedure in order to be done correctly.

1 Answer | Asked in Family Law for Texas on
Q: I have a modification case out of Dallas County Texas. During the course of my case, multiple judges have heard bits

and pieces of my case. Last judge stated, "one case one judge" is there case law or texas rule that supports this?

Sharita Blacknall
Sharita Blacknall
answered on Mar 10, 2021

Your question is not really clear.

But, let me give a general principle. You get whichever judge is sitting in the court your case is assigned to unless you are successful at getting that Judge recused from the case due to a conflict of interest or grossly inappropriate behavior....
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