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Questions Answered by Jon R. Boyd
1 Answer | Asked in Family Law for Texas on
Q: Can I take my daughter out of the new school my wife put her in after abducting her?

Wife moved out and in with boyfriend, left daughter with me and my parents for about 6 weeks. I tried to let her see daughter when she wanted, just not at boyfriends apt overnight or alone. One day when we dropped by to give her some of her things, she locked herself and my daughter in apt with... Read more »

Jon R. Boyd
Jon R. Boyd answered on Feb 3, 2020

Absent a court order, both parents are equally entitled to possession of the child, to enroll the child in school, decide where the child lives, etc.

So you both could snatch the child from each other back and forth forever, theoretically.

This is obviously bad for your child,...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: What do I need to do to get a divorce from my husband who was deported back to Mexico? We have a 9 yr old daughter.
Jon R. Boyd
Jon R. Boyd answered on Jan 24, 2020

File a Petition for Divorce assuming you have lived in Texas the last 6 mos and you have lived in the same county in which you're going to file for for the past 90 days.

Then, though, you run into how to get him legally served.

Best you consult with a lawyer because there are...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: What should I do if my unborn son's mother is already threating me with not being able to see my child be born

She is also threatening me with not being able to see my child and is refusing to give my son my last name

Jon R. Boyd
Jon R. Boyd answered on Jan 14, 2020

You will need to file a petition in suit affecting parent child relationship. Either to establish parentage thru DNA testing or, if you're able to sign an Acknowledgement of Paternity, that will make you the legal father and then you're past having to prove your're the father and you... Read more »

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3 Answers | Asked in Family Law for Texas on
Q: What can I do if my child's other parent has an unsafe home?

My ex's girlfriend has her sister living with them, and has been arrested for things like terrorist threats to a family member. Her ex who I've been informed shot her ( along with a couple of retaliation against police officers arrests), has been with them including my son's baseball... Read more »

Jon R. Boyd
Jon R. Boyd answered on Jan 7, 2020

You can file a Petition to Modify the prior order.

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3 Answers | Asked in Probate for Texas on
Q: My grandmother passed without a will, but left my mother as the guarantor on her checking. Will it still go to probate?
Jon R. Boyd
Jon R. Boyd answered on Jan 4, 2020

Without a Will, there cannot be a “will probate” but it is probably necessary to do an interstate (Ie, no Will) administration or some other procedure to declare heirship, etc.

Depends on what assets she had when she passed. Also depends on whether she contractually passed funds to an...
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1 Answer | Asked in Family Law and Child Support for Texas on
Q: How do I get the money owed for half of my childs medical expenses as court ordered in Texas?
Jon R. Boyd
Jon R. Boyd answered on Jan 2, 2020

File a motion to enforce.

2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: If a father is on supervised visitation, can the mother move to a different state w/o reporting to court

the youngest daughter (13) wants to move with her dad so the mom moved from Texas to Florida without telling anyone. How do the visitation work with this situation? And was the mother supposed to report that she was moving?

Jon R. Boyd
Jon R. Boyd answered on Jan 2, 2020

It depends on your current court order. Usually, most orders contain a geographical restriction which orders that the custodial parent cannot move the child away.

You should immediately call me or consult with an attorney of your choosing. You have options. I am well versed on this issue....
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4 Answers | Asked in Family Law and Child Custody for Texas on
Q: Can anyone come and take my son back from me?

My son had lived with his grandparents in LA for 2yrs with me trying to get him back for the last yr, they have refused, dad is now living there with his parents too, I have joint custody as managing conservator with his father, this last weekend when I was visiting I went and brought my son back... Read more »

Jon R. Boyd
Jon R. Boyd answered on Dec 29, 2019

Yes.

The father always has standing to sue.

You have also now given his parents standing to sue.

Worse, they could argue jurisdiction should be moved to Louisiana, although you may be able to defeat it.

Whether they try all this, who knows?

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3 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My husband and I have just separated, I would like to have primary custody of our daughter. What are the steps for this?
Jon R. Boyd
Jon R. Boyd answered on Dec 23, 2019

Your question is too broad for this forum, but know that her primary custody will be decided based on her ‘best interest.’

What factors are used to determine that?

Many, defined by case law. (Interestingly, the Family Code does not define it.)

You should consult with a...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My daughter passed away n the father of her child has the baby in an unsafe environment how can I get her with out cps

Hes going to court for aggravated assault on a pb servant

Jon R. Boyd
Jon R. Boyd answered on Dec 20, 2019

Hire a lawyer and file for custody but beware, harder for grandparents to win custody against parents. Seek legal advice.

3 Answers | Asked in Divorce and Family Law for Texas on
Q: Who has to pay for my court mandated drug test that my soon to be ex husband wanted me to get done?
Jon R. Boyd
Jon R. Boyd answered on Dec 20, 2019

Whoever the Judge ordered to pay it.

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3 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: My ex-husband is 2 months behind on child support and does not provide health insurance, please advise.

I'm having concerns regarding my children's welfare & safety when they are with their father. He is an alcoholic and I do not know if he follows the court-ordered decree to keep sober during visitation weekends. He is behind on child support and does not pay through the state as he... Read more »

Jon R. Boyd
Jon R. Boyd answered on Dec 18, 2019

Apply for services at the Office of the Attorney General.

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3 Answers | Asked in Divorce and Family Law for Texas on
Q: If you move after you file in a county to another county do you have to refile for a divorce.

My wife filed in Dallas County Texas and has moved to another county in Texas, does she have to refile the divorceor modify it?

Jon R. Boyd
Jon R. Boyd answered on Dec 18, 2019

No, she does not.

However, if she did not reside in Dallas Co for the 90 days preceding her filing, you could filed to have it dismissed or transferred.

You should call me or someone and get legal advice in detail about your case.

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3 Answers | Asked in Child Custody, Criminal Law and Family Law for Texas on
Q: Is the other parent getting arrested and now going thru trail for a 3rd degree felony grounds for custody modification?

Sons father was arrested and is still going thru trial for evading arrest with a motor vehicle it’s been a year and two months since original custody order

Jon R. Boyd
Jon R. Boyd answered on Dec 16, 2019

Probably

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2 Answers | Asked in Child Custody, Divorce and Family Law for Texas on
Q: how old does the child have to be to be able to choose which parent he/she chooses to live with ?
Jon R. Boyd
Jon R. Boyd answered on Dec 12, 2019

At no age does the child “choose”. But at the age of 12 a child may tell the judge with whom she wants to reside.

The judge does not have to do as the child wants, however.

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2 Answers | Asked in Family Law for Texas on
Q: How will I be able to leave an unmarried, living together, emotionally abusive, and controlling relationship with child

I have lived with my boyfriend for an year and we have our two month old son. In which he doesn’t help out with at all. He doesn’t pay for food, clothes, diapers, etc. He even gets mad when I ask him to help with the baby. He is very controlling doesn’t allow me to stay the night with family,... Read more »

Jon R. Boyd
Jon R. Boyd answered on Dec 12, 2019

See a lawyer ASAP and he can guide you thru the process. It can be done.

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2 Answers | Asked in Arbitration / Mediation Law, Child Support, Divorce and Family Law for Texas on
Q: As a dad that has been divorced for 3 years, I have questions on my rights because it seems like i have none.

my son lived with me for 2 years and I did not recieve any financial help from the mother. Now he lives with her and the Attorney general is taking more than 50% of my paycheck to pay back what they think I owe for the 2 years he was with me. I have zero problem paying my child support I just cant... Read more »

Jon R. Boyd
Jon R. Boyd answered on Dec 9, 2019

I understand.

You really need to just talk to a lawyer for an hour, let me/him/her read your prior order, answer your questions and make recommendations.

I've been helping Fathers for 25 years. I'd be glad to help if you want to call me office and set up a time to...
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1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: How will child support be calculated for two orders.

I am paying c/s for 1 child out of marriage. My wife is the mother to one of my child who is the oldest and is expecting another child. My wife plans to file c/s how will the c/s be calculated for the 2 orders. Also who will get the majority of the c/s, my wife or other mother.

Jon R. Boyd
Jon R. Boyd answered on Dec 8, 2019

Multiple children guidelines chart.

For example, one child would normally be 20% of your net, but now it would be 17.5% for the one.

However, the same would apply to the other child of the other mother of you second child. So you end up paying 35% for two rather than 25% for two if...
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3 Answers | Asked in Family Law for Texas on
Q: My spouse and I aren't married, & she wants to move my daughter to another state? Can she do so without the father say?

Currently we reside in Houston, Tx., and I have reasons to believe my spouse wants to move our daughter to New York.

Jon R. Boyd
Jon R. Boyd answered on Dec 7, 2019

Absent a court order saying otherwise, yes she can. You should immediately take legal action by hiring a lawyer.

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1 Answer | Asked in Family Law for Texas on
Q: I would like to have weekend visitation with my grandson. I was getting him every weekend, up until my son preposed.

His mother. Now when I ask for him it is a problem. I want exercise my Grandparents Rights.

Jon R. Boyd
Jon R. Boyd answered on Dec 6, 2019

If your visitation has been previously ordered, you should see a lawyer and file a Motion asking the court to enforce the order.

If there is no prior order, it will be difficult to get due to changes in the law 20 yrs ago. You should consult with an experienced family law attorney about...
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