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Questions Answered by Rafee'a S. Majeed
2 Answers | Asked in Family Law for Texas on
Q: If custodial parents want to move closer to the non-custodial parent, do we need to get a geo restriction modification?

We, the custodial parents, are allowed to live in Houston (Harris County) and the surrounding counties. If we want to move closer to the non-custodial parent, but slightly outside of the allowed counties, do we need to get permission from the court?

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Apr 5, 2022

If there is currently a geographic restriction in your court order, you can remove the geographic restriction either by agreement of the parties or by Court order.

If by agreement of the parties, you could draft a document that states something like "both parties agree that [custodial...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: My possession order states that if the custodial parent moves to a different county.

What happens if the custodial parent moves back to the same county? Am I then required to do the pick up and drop off once again? She has moved 4 times in the last 2 years and I do not see it to be fair for this to keep changing.

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Apr 3, 2022

It is unfortunate that the custodial parent keeps moving with the child(ren). I can only imagine, if they are school aged, how it's affecting their schooling.

If the court order requires you to pick up and drop off at the custodial parents residence, then would have to do that until...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: A 14yr old left alone to parent his 12yr old and 4yr old autistic brother while his physical custodial parent leaves

Them unattended. Recently the 12 year old has been complaining about his mother leaving them alone and making the 14 year old cook and clean for them, alongside taking care of their 6or 7 dogs in their 3 bedroom apartment. She shares a custody agreement with the father who has the 1.3,5 weekends... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Feb 24, 2022

If Father is in a position to take over custody of his children, he should file a Petition to Modify the Parent-Child Relationship in the county that the original court order was issued. This situation certainly sounds like there are circumstances that would significantly impair the physical and... Read more »

1 Answer | Asked in Family Law for Texas on
Q: Can I leave the state if I am in financial difficulties?

The custody order binds me and my kids to live in Collin county and the surrounding areas..... But the mother of my kids has abandoned my kids she hasn't been around and over 2 years.

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Feb 24, 2022

If Mother hasn't been active in your children's lives for over two years, you should have good grounds to request that the geographic restriction be removed from your court order.

The part of your court order that requires you to remain in "Collin County or contiguous...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can my ex wife keep making excuses to miss court ordered visitations without proof?

Me and my wife have a court agreement that I have all day visitations with my son every 1st, 3rd and 5th Saturday. This Saturday will be the 3rd one she has missed in a row. She claims sickness and surgeries but how do I know she is telling the truth without proof and that she just doesn’t want... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Feb 17, 2022

I am sorry to hear that you are missing your possession periods with your son. In your situation, it would not be your burden to prove that Mother is not telling the truth about her sickness and or surgeries. It is her burden to prove to the Judge that is why she has been denying court ordered... Read more »

1 Answer | Asked in Family Law for Texas on
Q: Do the attorneys for a state Agency(Texas) in a civil proceeding, have to follow tx rules of Civil prcdr for Discovery?

Sapcr

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Feb 17, 2022

This is an interesting post as it begs a couple of questions:

1. From what state agency are you trying to obtain discoverable documents?

2. Is this state agency a party to the Suit Affecting the Parent-Child Relationship proceeding?

Typically, all parties to a lawsuit must...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: TX law. If custody papers say I am not requesting child support from father can I request child support later on?

Custody papers say that I didn’t request child support from the father. Can I later request child support? If so what would have to be done. Thank you

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Feb 15, 2022

Texas law allows you to request a modification of a parent's child support obligation if there has been a "material and substantial change" in the circumstances of either parent or the child since the current order was entered OR 1) three years have passed since the original ordered... Read more »

1 Answer | Asked in Family Law, Adoption and Civil Rights for Texas on
Q: Hello I have a family law question.

My daughter just had a baby in November and baby tested positive for methamphetamines. Child protective services were called and she almost lost her baby to them but she had a good friend that she signed over Power of attorney to so her friend could take the baby. I didn't know about this... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Feb 15, 2022

Based on these facts, CPS has likely been granted temporary custody of the baby due to the fact that drugs were found in its system at birth. CPS likely ran a background check on the friend and found that the friend posed a safe environment for the baby, so they've placed the baby with the... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: can my ex and texas court determine custody of my children without inviting me to attend? Cause they did!!

said I was served and wasnt.... therfore gave her everything she asked for and she raped me basically and I had no clue there was even a hearing

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Feb 8, 2022

Depending on when the hearing was held, you may have a couple of options for getting back to court. In either of these situations, you should seek a family law attorney to assist you as they will know how to navigate through either of these options.

The court has basically issued a...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Do I have to answer my exs texts and calls when he asks about our baby without a court order

Do I have to let him come around and see her without a court order if he’s emotionally and verbally abusive? Or answer his texts or calls when he asks how she’s doing?

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Feb 4, 2022

Absent a court order, both parents have an equal right to possession of or access to their child. The family law Judges would hope that both parents are able to effectively communicate and co-parent in the raising of their children. If you have substantial proof or evidence of emotional or verbal... Read more »

1 Answer | Asked in Family Law for Texas on
Q: In Burnet Texas how can parental rights be terminated?

Mother established paternity through a dna test by the court and court granted biological father supervised visitation and child support in 2019. Biological father has not made any attempts

To go to the visitation or pay child support. No contact with mother and child. Mother would like to... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Feb 4, 2022

A request can be made to terminate a parent's parental rights through the family courts. It's not a simple process and it's also not as easy as some may thing. You have understand that you are requesting that a biological parent's legal rights to their child be forever... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Questions about check boxes on order forms.

If I have two options on my child custody oder papers and one is empty and the other is marked with an x. Which one is the one I'm supposed to go by? Is it marked because that's not an option?

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Jan 31, 2022

The option that is marked with the "x" is likely the option that applies to your case and the one that you should follow. It's hard to say without knowing what the options are.

I hope this information helps. Good luck to you.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I am divorced and have joint custody of my child. My question is regarding my pick up times.

The Texas standard order states that I am to pick up my daughter by 6:00pm on Friday and drop her off by 6:00pm on Sunday. My ex wife is saying that if I don’t make it by 6:00pm on Friday, then I can’t have her. I no longer live in Texas and fly in to see her on Fridays. Sometimes the plane is... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Jan 31, 2022

First, you should make every attempt to pick up and drop off on time, even if this means that you have to catch an earlier flight to make sure you pick up by 6:00p.m.

There is not a hard and fast rule that says if you are not there by 6:00pm "on the dot" you lose your visitation....
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1 Answer | Asked in Family Law for Texas on
Q: What can I do to help my husband from an assault charge that didn't even happen and they're still charger him with it .
Rafee'a S. Majeed
Rafee'a S. Majeed answered on Jan 31, 2022

The best thing to do is get him a good criminal defense attorney.

The next thing is to see if the "alleged victim" (the person whom the alleged assault was against) will get notarized an Affidavit of Non Prosecution. This can be presented to the Assistant District Attorney to let...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: In Texas on a child visitation order can the father (non custodial parent) change the date of a pick up due to weather

3 weeks ago i emailed my daughters mother about picking up my daughter last week for my visitation. But due to snow storms in the Charlotte North Carolina area (where I live) I was unable to get her. Now she is saying it doesn't count as a refusal. Is this true?

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Jan 31, 2022

If you did not exercise your visitation, for whatever reason, that is not a refusal on the Mother's part.

Maybe you and she could reach an agreement where you could make up that missed visit. However, if she doesn't agree, then you should just exercise your next visit.

I...
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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: Can I be ordered to relocate for my baby?

My ex lived in dallas at the time of pregnancy , got an apartment in houston (Where i live) around the due date , Baby was born in dallas. Moved to houston for 8 months until issues arised in our relationship causing us to split. She then moved back to dallas 4 hours away . And although she has... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Jan 28, 2022

You cannot and will not be ordered to move to Dallas if you decide to put yourself on child support. representation. A visitation schedule can be established with you still living in Houston.

However, know that if you go through the Attorney General's Office (commonly known as the...
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1 Answer | Asked in Family Law, Cannabis & Marijuana Law and Child Custody for Texas on
Q: How to find a family law lawyer licensed in both Arkansas and Texas? And go. Thanks in advance
Rafee'a S. Majeed
Rafee'a S. Majeed answered on Jan 27, 2022

You may be able to go to the State Bar of Texas website and do a search for attorney that have reported they are also licensed in Arkansas. You MIGHT be able to do the same thing on the Arkansas State Bar website.

I hope this information helps. Good luck to you.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I’m a father lived in texas won custody them I moved to Virginia and boys mother took me too court again and I won in

Virginia too now we have moved back to texas been here for almost a year and they want me to go back to Virginia for a appeal but I lived in Virginia and the boys mom never resides in Virginia she resides in Washington state so neither one of us is even in Virginia didn’t get served so do I need... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Jan 19, 2022

If you didn't get served, how do you know that there is an appeal in Virginia?

Either way, if no party resides in Virginia, you would need to file a motion to transfer the case to Texas. However, until the case is transferred, the Virginia court can still make a ruling in the case....
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1 Answer | Asked in Family Law for Texas on
Q: I started a Harris County Civil Family SAPCR case to get my child back. Can I cancel or postpone the court date?

My sister is abusive and lies a lot and people believe her. We had a mediated agreement in Travis County, I'm pro se, he attorney moved the case to Harris County, where she lives, and then my dad died, and she never even told me, and all of my pro se advocate help is overwhelmed due to Covid,... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Jan 13, 2022

You can file a Motion for Continuance to postpone the court date and the court will issue you another court date. Your sister can agree with the continuance without court interference. If she doesn't agree to the continuance, you would need to get a court date and ask the Judge to grant you a... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Is it required to let the other parent know of change of residence within 60 or 90 days before move?

What if I need to move before 60 days? Is that not allowed? I just found out I have to move and it needs to be done before that amount of time. I did not see any statement on papers Indicating when I have to let the other parent know.

Rafee'a S. Majeed
Rafee'a S. Majeed answered on Jan 12, 2022

If there is not a geographical restriction in your court order, preventing you from changing the primary residence of the child without further orders from the court or without the other parent's consent, then typically court orders require the primary parent to notify the other parent of a... Read more »

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