Get free answers to your legal questions from lawyers in your area.
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 
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?
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
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 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.
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... View More
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.
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
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
Wife kicked me out the house had an affair
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... View More
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
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
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.
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
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.
