answered on Jan 25, 2023
If there is a court order, it must be followed until a Judge changes it. A request for modification should be filed with court.
If there is no court order in place, then both parents have equal rights until a court order says otherwise.
I have primary custody and she prefers to be with me. We no longer are able to communicate amicably. He recently married and has all of a sudden tries to make me seem as though I am not a good parent. When he only became more involved with our child 2 yrs ago. I want her to have the experiences of... View More
answered on Jan 24, 2023
Review your court order for a geographic restriction. If there is a geographic restriction that limits the child's residence to a particular geographic area, then you cannot leave with the child without getting a new court order allowing it.
It is extremely difficult to get a court... View More
I’m currently pregnant. My ex-boyfriend has two kids from other women, which he has full custody of. I’m not unfit In any way, shape or form. No drug or alcohol abuse, I make good money, house will be paid for in a few years, not abusive an any kind of way. I know if I don’t want to work... View More
answered on Jan 22, 2023
In Texas, sole custody is typically only considered when there is evidence of abuse, neglect, drug use, or alcoholism by one of the parents that would place the child in danger. This is because the state's primary concern is the safety and well-being of the child.
In cases where there... View More
My son's mother is claiming that she lives more than 100 miles because 1 of the 3 routes to her house is 102 miles. The other 2 routes are 82 and 87 miles.
answered on Jan 19, 2023
If you possess documentation demonstrating that the distance between the residences is less than 100 miles and if your court-ordered visitation rights are being denied, you may file a motion for enforcement. In this motion, you may request that the mother be held in contempt of court. Additionally,... View More
On scheduled days, he is mentally abusive, ignores her playing on-line video games 24/7 while she is with him. My daughter is willing to give up child support to end this situation. He is behind twenty grand. he would not contest this. Is there anything she can file to change current custody... View More
answered on Jan 17, 2023
She can file a motion to modify her current court order.
Regarding the visitation, she will need to show that there is a material and substantial change in circumstances since the last order and that the change is not in the child's best interest.
Regarding the child support,... View More
My children have not been getting feed as needed and there mother has been letting them drink alcohol my children are 14 and 15 my daughter does not feel comfortable with the guy her mother has in the home because he has made her uncomfortable by looking under her shirt while thinking she’s... View More
answered on Jan 14, 2023
Take immediate action to protect your children.
Here are a couple of general options:
1. Hire a lawyer to get you custody, request supervised visitation for the mother, and an injunction that keeps the boyfriend away from kids; or
2. Contact Child protective services. But,... View More
My daughter and I live in San Antonio and her dad is in Victoria. He works some weekends and his family is not wanting to work with me on the halfway point for pickup and drop off and I've told them that I'm being nice offering because I've always read that pick up and drop off is... View More
answered on Nov 15, 2022
Read your order. If your order was done correctly, it should have instructions on pick up and drop off for visitation when the parent lives more than 100 miles away. If that language is not in there then you must follow the instructions that are in your order.
If that language is not in... View More
Need some good advice for my cousin to get him back on track he needs a good pro bono lawyer cuz he is caught up in some nonsense
answered on Nov 15, 2022
There is no central place for him to look for all charges. He will have to contact each county that he thinks he has pending charges. Many counties have websites where this information can be obtained. If the county does not have a website with this info, he can call the county clerk, district... View More
I am disabled, have many health issues covid related(coma 2021) then fell and broke my hip 2022. Have long covid and stay in pain. Need the other hip replaced. My covid got so bad because my husband did not take me to hospital until was almost dead. I did not even know my name and went into a coma... View More
answered on Jul 30, 2023
Legal Help: The complexity of your situation warrants the help of a legal professional. I highly recommend you to consult a family law attorney as soon as possible. They can help you navigate through the divorce process, if that's the path you choose to take, and ensure your rights and... View More
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.
the changes. Some of what the decree says is old and not updated. I dont know how to go about it.
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
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
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
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.
I am 36(f) with two children under the age of 18. My assets are worth about 700k. My kids father and I do not have any sort of relationship. If something happens to me before my kids turn 18 my ex there father will have access to everything. My question is this: to avoid my ex getting his hands on... View More
answered on Mar 27, 2023
Consult with an estate planning attorney to set up a complete estate plan for your and your children that includes a trust, will, medical power of attorney, financial power of attorney and HIPAA authorization.
One parent is on drugs and girlfriend on antipsychotic meds hears voices telling her to harm herself other parent has abuse the child neither have a stable home
answered on Mar 14, 2023
Hello. You just need to hire a lawyer to file a suit affecting parent child relationship and have both parents served.
My grand daughter has lived with me since she was born, her mother has child abuse record and father is unstable no house no car smokes weed and his girlfriend is on antipsychotic medications she hears voices telling her to harm her self. The baby has lived with me all but 2 months of her life... View More
answered on Mar 14, 2023
Texas law does not grant automatic visitation or custody rights to grandparents. However, if the child has been living with you for more than six months, you are be eligible to ask for custody of the child as a non-parent under Texas Family Code section 102.003.
my daughters no longer want to live their mom but they aren't 12 yet. I have had cps called on their mom a couple of times already and the first time they made her move from her apartment because it was filthy and had roaches everywhere. the second time they gave her time to clean the new place.
answered on Feb 27, 2023
Hire a lawyer to file a motion to modify you current order. If you do not have an order you can hire a lawyer to get an order for the kids to live with you.
He has filed false claims in another state as well and I showed proof of his lies and the state not having jurisdiction. The judge's statement ruling states he frauded himself in that court. That was in Sep. He has brought basically the same accusations it an unknowing judge in Texas and now... View More
answered on Jan 14, 2023
In general, you can show up at court to ask the Judge to reset the hearing to give you time to either hire a lawyer or apply for pro bono services.
My child’s father is not on his birth certificate, nor he signed it. If for any reason I decide to remove child support, does he have any rights on my child after that?
answered on Jan 14, 2023
If he is on child support he has been declared the legal father with rights. In order to take those rights away from him you will have to give the court a valid reason such as abuse or neglect.
When my son was 2 his dads mom abused him, contact was cut - no cops called & dad agreed. 5 years later noncustodial parent (dad) is brought him back around her. I have a custody order in place, I am primary. His ex wife filed for divorce for full custody due to his inability to care for their... View More
answered on Jan 14, 2023
It can be court ordered if the Judge agrees that it is not in the best interest of the child to have contact with the grand mother.
You will be asked to present evidence regarding the abuse if a hearing is held.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.