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Questions Answered by Jon R. Boyd

1 Answer | Asked in Family Law and Child Custody for Texas on

Q: Right of first refusal

My daughter is with her dad 7/1-7/31. We all live in Texas. He left my daughter with his wife and came back to Texas to go to work. Was he supposed to exercise right of first refusal?

Right of First Refusal

The parties have agreed and the Court therefore ORDERS if a parent is... Read more »

Jon R. Boyd answered on Jul 31, 2019

Thank you very much for including the language from your Order or Decree!!! Very few people think to include it and without it we cannot answer these kinds of questions.

I'm a bit confused, though, about the facts- you said "we all live in Texas" but then you said dad left his child and...
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1 Answer | Asked in Appeals / Appellate Law, Family Law and Child Custody for Texas on

Q: I was seeing if someone is able to help with a appeal case

Jon R. Boyd answered on Jul 31, 2019

Very few attorneys handle appellate woik because it is so highly specialized and a totally different animal from trial work.

If you are in the DFW area, I often refer people to Georgeanna Simpson in Dallas.

I hope this helps and good luck.

1 Answer | Asked in Divorce and Family Law for Texas on

Q: Could we choose the previous marriage date if remarrying under common law after the divorce in Texas?

We were married overseas on July 08, 2007 and declared our marriage under the common law marriage as per Texas law on February 02, 2008.

we got divorced on September 16, 2015. After the divorce, we started living together as husband and wife again. Now, we want to declare, once again,... Read more »

Jon R. Boyd answered on Jul 24, 2019

Hi, interesting question and one I don't see every day!

No, you cannot go back to the previous date of marriage and nor would you want to, in my opinion.

Hope this helps. Thanks- Jon R Boyd

1 Answer | Asked in Family Law and Child Support for Texas on

Q: I'm a non custodial parent, and i owe child support for 1 child. i am a single mother with 2 other children

i do not receive child support for the 2 that live with me. i have tried 2 times to modify my orders with no help. I owe $17,000. I'm very low income, on food stamps and on medicaid. i have an auto immune disease, fibromyolia and a few other problems. my middle child has asthma and my youngest is... Read more »

Jon R. Boyd answered on Jul 19, 2019

Hi, I'm very sorry for your predicament.

My best advice is that you hire an attorney if at all possible. Depending on where you live, there may be Pro Bono (free) legal services available.

It sounds like you are going through the Attorney General to collect the child support owed...
Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Texas on

Q: Custody/guardianship of 17 yr old in Texas

I have the 17 year old best friend of my daughter currently living with me. One of her parents is incarcerated, the other on drugs. Her grandmother has guardianship of her but can no longer care for her and is willing to relinquish those rights to me. In Texas, I’ve been told that minors in... Read more »

Jon R. Boyd answered on Jul 16, 2019

Call CPS.

1 Answer | Asked in Adoption and Family Law for Texas on

Q: Do I have to travel to California from Texas to request that my sons biological fathers rights be terminated?

He is in prison in California, and my family and I live in Texas. We want my husband to adopt my son, but having to travel back and forth will be expensive and time consuming. Is there a way I can request his rights to be terminated while being in a different state? My sons biological dad hasn't... Read more »

Jon R. Boyd answered on Jul 16, 2019

Hello. I'm Jon R. Boyd, Family Law Attorney. Let me see if I can help....

I can't tell from your question - has there ever been a court order establishing parentage/paternity? If so, where?

I need to know whether a court anywhere has ever taken jurisdiction over your child. If so,...
Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on

Q: Does my ex get the following weekend if his weekend and the holiday fall on the same weekend?

Does my ex get the following weekend if his weekend and the holiday fall on the same weekend? Example: He gets the second half of Christmas vacation this year: Dec 28, 2019-Jan 6, 2020, but he also gets the 1st, 3rd and 5th weekends each month. Would he get the weekend of the 10th of January 2020... Read more »

Jon R. Boyd answered on Jul 15, 2019

Without seeing your Decree, I can' give you a definitive answer. However, based on your question, he would not get the second weekend of January since it would be a second weekend.

Hope this helps!

-Jon R Boyd, attorney

1 Answer | Asked in Family Law and Child Custody for Texas on

Q: My grandchildren were placed in my home 12 years ago by CPS. Can they decide to go back with either parent?

Their parents are no longer together. But, live in Texas.

Jon R. Boyd answered on Jul 12, 2019

Hello, this is Jon R Boyd, attorney. Let me see if I can help -

I assume the children live in Texas and the case is here in Texas.

Under Texas Family Law, in a child custody case, a child of 12 years of age or older may be interviewed by the Judge in his/her office to ascertain the...
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3 Answers | Asked in Family Law and Domestic Violence for Texas on

Q: How do I get my 21 yo daughter out of her dad's house w/her stuff safely?

He is very controlling and possibly violent as he was abusive to me when married. She says he has become unstable and she is afraid now. She wants out and needs help to move her things out. She knows that he would either break things, block her way or just become a "mess" so that she can't move... Read more »

Jon R. Boyd answered on Jul 12, 2019

I am so sorry to hear about your daughter! I hope she will be ok. I can see how that would be scary for you as her parents as well.

Under Texas family law, if her husband has been violent or has threatened her with family violence, she may file for a Protective Order which would order him...
Read more »

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2 Answers | Asked in Child Support and Family Law for Texas on

Q: The mother of my child is remarried, does that affect the amount of child support that I pay?

She also will not allow me to see my daughter for father's day, is that allowed? Tx

Jon R. Boyd answered on Jun 24, 2019

Almost certainly not, unless she has remarried to some person who is affluent or there are other extenuating facts.

Here's why:

In Texas, child support is rebuttably presumed to be set in accordance with the "child support guidelines", which simply are percentages of income. For...
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2 Answers | Asked in Family Law for Texas on

Q: Can parents of the children stop the grandparents visiting? Grandparents are really good people..

Jon R. Boyd answered on Jun 24, 2019

Yes. Grandparents have no legal right to visitation unless they obtain a court order allowing it and it is a difficult process for grandparents seeking court ordered access. -Jon R Boyd

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