If Father is court ordered to pay child support, he continues to pay child support until your son reaches age 18 or graduates (or is no longer attending) high school, whichever occurs later.

With your son being 17 years old, there is not a real need to get in family court to get counseling.... View More

A Petition for a Judgment Nunc Pro Tunc is a court document that is filed when a party notices that there was a clerical error in the order that was signed. The party wants to get an order signed that corrects the clerical error. This filing cannot go back and change (or modify) a material issue in... View More

In the State of Texas, a child born during a marriage is presumed to be the child of the husband (even if it is not). In your Final Decree of Divorce, you must state whether there were any minor children born or adopted during the marriage. Additionally, when you finalize the divorce, the Wife... View More

If Father is not paying child support as court ordered, then you would need to file an enforcement/contempt action against him and take him to court for nonpayment of child support. If held in contempt, the Judge could sentence him to jail time.

If there is not a law against a child that... View More

I am sorry this is happening to your family member.

If she is ready to file for divorce, but is not financially able to hire an attorney, she could contact legal aid in her county. As long as she meets the income requirements, they may be able to accept her case and provide legal... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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,... View More