My ex husband never paid child support. We got arrears and he sued to stop it. He has three lawyers and we cannot afford one. So on our own we responded and waited for a court date. We never got one then were told today that it was yesterday so he won due to us being a no show. We tried telling... Read more »
answered on May 16, 2023
Your best recourse at this point is to file a Motion for New Trial. You have 30 calendar days from the date of the court hearing to file your motion. Once you file your Motion for New Trial, you should contact the Court Coordinator to request a new court date. You will have to provide your... Read more »
Through my bank for the past year to support my son. We are on great terms and communicate everything very well. I am concerned that the Texas laws won't allow me to do this over time and I wanna be sure I'm doing the right thing. She is in a serious relationship who is paying most of the... Read more »
answered on May 12, 2023
If you don't currently have a Texas court order regarding child support, you can continue to do what you are doing (i.e. paying through your bank account) for however long you guys want to do it. The State of Texas doesn't have any say in the matter.
However, if there is a Texas... Read more »
answered on May 11, 2023
Although Texas Family Code Section 85.026 only describes some language that is required to be included in a protective order, a person cannot be prosecuted under that section. However, a person who violates a protective order can be held in contempt, fined and confined in jail for a period of... Read more »
My ex disappeared nearly 5 years ago. No child support dropped insurance . I recently found out he is in prison for a crime against children. I want to know my options for termination of rights or gaining 100% custody. I want to protect my kids . I have no idea if when he is getting out but want to... Read more »
answered on Apr 27, 2023
In Texas, one of the grounds for which a parent's parental rights can be terminated is if that parent has been convicted or placed on community supervision (probation) for being responsible for the death or serious injury to a child under certain sections of the Texas Penal Code or a similar... Read more »
I'm paying for my rent and all expenses so I want to know if filling a child support order is okay when we are not divorced
answered on Apr 20, 2023
Yes, you can file what is called an Original Petition in Suit Affecting Parent-Child Relationship. In Texas, this motion will establish which parent will be the primary parent (i.e., who your child will primarily reside with), and what type of visitation the non-primary parent will have with the... Read more »
My child father been in and out of jail his whole life he is 12 now he got out July 2022 he now sent me a modification for him to get custody of my son say my son is not being raised right what should I do and how do I respond
answered on Apr 5, 2023
It would be very advantageous for you to obtain an attorney to represent you in a custody dispute. There are responsive documents that need to be filed with the Court on your behalf and deadlines that have to be met, or your case could be negatively impacted.
At the very least, you should... Read more »
My daughter had died and the child's bio father isnt in his life nor on his birth certificate. I have raise the child with my daughter since birth. Who is able to get custody of the child? Or does the common in law spouse gets him? We all still live together. The common in law spouse, child,... Read more »
answered on Mar 29, 2023
As a parent of a deceased parent of the child, you do have standing to bring a suit to obtain managing conservatorship (or custody) of the child. Your burden will be to prove that you have had substantial past contact with the child, which it appears that you have if you've raised the child... Read more »
I have to submit the days I want my kids for the summer. Right now, they are 4 and 2. Mom states she isn't sure if she will put the 4 year old in preschool. Our days are due by April 1. This last year, we went by the school district the mom lives in. She said she may put them in a charter... Read more »
answered on Mar 27, 2023
This is a loaded question, but unfortunately, an all too common one. It is an issue that can have a split answer between attorneys
Most standard Texas court orders state that you go by the "elementary or secondary school in which the children are enrolled or, if the children are not... Read more »
One isn't will the irs refund all go to me or will he get some back due to him claiming another child that isnt mine. Best part is he wants me to give him back money even though he would get the credit as if he paid it .
answered on Mar 24, 2023
Any federal income tax return that Father is to receive will be offset against any child support arrears that are owed by Father.
In your situation, it doesn't matter that Father is claiming a child that is not yours on his taxes. If he is to receive a refund, the entire refund will... Read more »
(1) the possessory conservator shall have possession in
even-numbered years, beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall... Read more »
answered on Mar 10, 2023
This is one of these unique possession periods on which not even all attorneys can agree.
The order says that Spring Break possession ends at "6:00 pm before school resumes after that vacation". So, in your situation, since the children are not in school on that Monday, due to the... Read more »
When this is taken in two periods can the total days exceed 30 days? My husband often picks them where the total days are over 40 days due to how he starts and stops after and before his weekends . Everyone is telling me this isn’t right and that they don’t do this, but everyone isn’t a legal... Read more »
answered on Mar 8, 2023
When summer possession is taken in two separate periods, it cannot exceed 30 days. The possession order states that it is 30 consecutive days OR two separate periods not to exceed 30 days, and the periods are to be at least 7 consecutive days each. So, most parents, if they are going to take the... Read more »
Specifically, children sleeping with adults. And is there a requirement for space for a child? Or is it ok for a mom, her “husband” (by title only, no actual marriage), her son (not the son of the “husband”), and their daughter to live in one room in another person’s house?
answered on Dec 1, 2022
Given that this question was posed in the "Family Law" group, I will provide a response from a "family law" perspective.
There is no concrete law in the Texas Family Code that specifically prohibits children from sleeping with adults or a requirement for space for a... Read more »
I'm currently the "Non Custodial Parent", looking to relocate to Kentucky due to lower cost of living (Barely breaking even in Dallas). What modifications might i need to visitation and what is a typical out come to expect? Would it be possible to get over summer visitations,... Read more »
answered on Nov 4, 2022
I would suggest you read through your current court order because in most Texas standard orders, there are already provisions in place for parents to begin residing over 100 miles apart.
The range of modifications that can be made are all case specific, so I would suggest that you consult... Read more »
The child is in texas and the posses. Conservator lives in Arkansas
answered on Oct 28, 2022
I hate to hear that a parent has kicked a 13-year-old child out of the house. If the possessory conservator is in a possession to take their child into their home, then they have every right to take possession of the child, unless there is a reason why the possessory conservator having possession... Read more »
his assets?
Pardon me, but I don't think the woman who answered first read what I stated. He has myself and my sister, not HIS SISTER. Thank you!
answered on Oct 6, 2022
A will is only valid if it is signed by the decedent and witnessed by two disinterested witnesses. If there is not a valid will when the decedent dies, then his assets (estate) passes to his heirs through the Texas laws of intestate succession.
Given that your Father never signed his will,... Read more »
A father of 2 boys that Ive known for almost 4 years in person asked me to cease communication with them for no reason in January. I didn't listen and continued communication, until 2 weeks ago when he said he found out about our communication, and harshly told me to cut contacr and "seem... Read more »
answered on Oct 5, 2022
If you are not in any way related to these children, and sometimes even if you are related, a parent absolutely has the right to prevent you from communicating with their children. Absent certain circumstances, a PARENT of a child(ren) has a more superior right to their child(ren) than ANYONE else.... Read more »
The other parent works nights and won’t tell me a thing. I have 50/50 custody. Is that illegal in Texas.
answered on Sep 20, 2022
Unless your court order states that you must be notified, the custodial parent is not required to inform you. However, good co-parenting would warrant that the custodial parent would want to inform you...in case anything happens with the child.
Are you concerned about your child's... Read more »
I called the police due to being in an emotional drunken state thinking he did it on purpose. I said I wanted to press charges but did not write a statement. Now that I’m sober the next morning I deeply regret calling the police. Is there any way to drop charges if I haven’t made a statement?... Read more »
answered on Sep 20, 2022
If he wasn't taken to jail, the likelihood that any criminal charges will be pressed against him is very slim. However, if it happens that criminal charges are pressed against him, when the Assistant District Attorney reaches out to you, you can inform them that you don't want to press... Read more »
The noncustodial parent is paying child support
answered on Sep 13, 2022
The non-custodial parent should file a suit to modify the current court orders on the ground that the custodial parent has voluntarily relinquished possession of the child. If the custodial parent had not show any intent to return or provide for the child's needs, 3 months is the requisite... Read more »
Today is 09/10/2022 and I received an “ATTY citation IV- D “that states I have been sued and expires 10 AM on the Monday next following the expiration date of 20 days after I was served the citation. The date filed is 8/9/2022 and it said it was issued on 8/15/2022. This is not correct this is... Read more »
answered on Sep 10, 2022
You have been served with court documents and a citation. The citation states that you have until 10:00am on the Monday following the expiration of 20 days from the date you were served. If you were served with the documents today, then you have 20 days to file a "response" with the... Read 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.
