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Questions Answered by Rafee'a S. Majeed
2 Answers | Asked in Child Support and Family Law for Texas on
Q: My wife and I are separated, not divorced. Who provides services to develop a separation agreement?
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Nov 1, 2024

You should seek out a family law attorney to discuss getting a divorce in Rexas.

Texas law does not allow for "legal separation" for which a separation agreement would be needed. In Texas, you are married until you are divorced.

Also, Texas is a community property state,...
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2 Answers | Asked in Family Law for Texas on
Q: For standard visitation under a rule 11 agreement, what are the scheduled weekends for this month of June 2024?

Standard visitation schedule for this month of June 2024

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jun 13, 2024

Under a Standard Possession schedule, the weekends in June are as follows:

Friday, June 7 was the 1st weekend of June.

Friday, June 14 starts the 2nd weekend of June. It's is also Father's Day weekend, so Father's get this weekend regardless if it would normally be...
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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: My husband cheated and had a baby during our marriage

Hi, my husband had an affair and had a baby during our marriage him and I have a kid together but, doesn’t give me support. Instead he neglects our child and gives more attention to the one he had with another woman. Is there anything we can get out of the divorce?

Not to mention... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Apr 6, 2024

Provided you are able to provide proof of the domestic violence and the other baby, these would be grounds to ask for a disproportionate share (more than 50/50) of the community estate.

The community estate consists of any property that was acquired during the marriage (except for...
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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: At what age can a child choose who they want to live with?

And if the dad doesn't have his own place and live with 8 other people in a 2 bedroom trailer house can he still get custody of the child?

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 22, 2024

A child can decide who they want to live with at the age of 18, when they are no longer considered a minor. In Texas, a Judge is required to speak with a child on who they would prefer to live with when that child reaches the age of 12. Between the ages of 10-12, the Judge can determine if... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Terminating Parental Rights

Is there a Publication for Termination of Parental Rights? I’m not sure where the man is and I’m over trying to negotiate with him.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

Yes, you can petition the court to allow you to serve the Father via publication in a Termination of Parental Rights lawsuit. You will need to attach an affidavit to your petition stating the steps that you've taken to attempt to locate the Father.

I hope this information helps. Good luck to you.

2 Answers | Asked in Divorce and Family Law for Texas on
Q: My husband is planning to tank my credit.

My husband is leaving me, no divorce, just up and disappearing and has said he is going to ruin my credit. We have a mortgage and a car in both our names plus I have a car in just my name. I can not afford all three on my own plus other bills. I don’t even think I can afford the mortgage plus... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

Since both of your names are on these debts, you are both responsible for the obligations. If you believe that he will follow through with the threat, the best option for you is to file for divorce to minimize the damage to your credit.

In a divorce, if the house is community property, the...
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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: Why am I being asked to take a paternity test for child conceived last year, after being divorced for 7 years?

We have been divorced for 7 years and share one child together that was conceived while we were married. She just had a baby last year and has been living with the same man for more than 5 years. I received a court order saying I need to take a paternity test for a child that is 4 months old when I... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Feb 9, 2024

If you are being asked to take a paternity test after you've already been divorce, that likely means that your ex-wife is asserting that you are the father of the child. It may be beneficial for you to take the paternity test to have documented proof that you are not the father of the child.

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2 Answers | Asked in Family Law for Texas on
Q: Am I able to take my son back to Cali with me

We’re not married, no custody order in place, he has bad anger issues and will scream and slam doors etc, right in front of our son. And I’ve had enough but all my support and family is in California.

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jan 19, 2024

As long as there are currently no court orders in place requiring the child to remain in Texas, you are able to travel/move with your child as you determine is in the child's best interest.

If there is domestic or family violence in the situation, you should consider putting a...
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1 Answer | Asked in Family Law for Texas on
Q: What are the grounds of terminating father parental rights? How do I go through SAPCR? What’s the best way?
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 29, 2023

Just based on what you've posted, this would leave any family law attorney with a host of other questions. Because of this, it makes it a little difficult to answer your question without presenting you with additional questions.

I would suggest you schedule a consultation with an...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: I'm going to get married in Texas. But own a house in Puerto Rico. Should I still do a prenup?
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 29, 2023

You could do a pre-nupnif you'd like, but it's not required if you're only doing to protect your interest in your house in Puerto Rico.

In Texas, and property owed prior to marriage is considered that spouses separate property. However, there are some actions that you MIGHT...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: How do I get a lawyer removed from my case if they’re retired and no longer practicing law but never withdrew?

The lawyer is no longer answering his phone or responding from emails. His information doesn’t show up on the Texas state bar website either so I have no way to reach him. This is the last thing I need to finish my divorce everything has been signed and filed but I can’t get it in front of a... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 29, 2023

I am sorry you're going through this. I would suggest that you print off all information that you have showing how you've tried to reach rhe attorney (i.e. screenshot of blank State Bar website page, screenshot of attorney's non-active webpage, etc., documented proof that you have... View More

1 Answer | Asked in Family Law for Texas on
Q: I hired an attorney in a civil case and I'm the plaintiff, and he missed the court date. I lost my case. what can I do?

I served my ex-husband papers with Motion to Modify to get standard visitation rights to see my kids. My lawyer failed to notify me of the court date nor did he show up for court either. My ex-husband and his attorney were the only ones there. So the judge ruled in his favor with prejudice against... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 6, 2023

In this case because neither yourself (nor your attorney) showed for the court hearing, a default judgment was entered against you. Depending on when the Judge signed the default order, you may be able to file a Motion for New Trial to request that you be granted another hearing. You have 30 days... View More

1 Answer | Asked in Family Law for Texas on
Q: I have been pro se and filed everything within my case. I have a final trial approaching and am seeking to have a lawyer

I have done ALL he leg work and have built a good case for the final trial. I am in need of an attorney for 3 hours for this trial. Is this possible just to have representation for courtroom purposes?

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jan 15, 2024

It is highly unlikely that a family court attorney will accept representation on to your case for the purpose you seek for a bench trial.

If you've done all the leg work and believe you've pulled together a good case, then you should probably continue to proceed pro se.

Good luck to you!

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can my ex-spouse take away my Spring Break possession by taking away Spring Break from my child? Thank you

I have my child for Spring Break 2024 per my decree. My ex is now homeschooling my child. Could she decide to continue school through Spring Break and take away my child’s break so I don’t have possession?

Here’s the decree on Spring Break:

Except as otherwise expressly... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Nov 1, 2023

If your child was not being homeschooled at the time your Final Decree was rendered, but is now being homeschooled, this could be a material and substantial change in the circumstances of the parties and could warrant a modification of the final decree. Especially if the possibility of him being... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: I have legal custody of my son who is 17 years old and he recently got his girlfriend pregnant. what shall I do?

father is paying child support and now wants to stop child support payments. My son want to move in with his girlfriend and parents. What legal rights do I and my son have, I want him to continue living with me until he finishes High School. Please I need legal help. Is their some type of... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 17, 2023

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....
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3 Answers | Asked in Family Law and Civil Litigation for Texas on
Q: What is an “amended pleading”? When can it be filed?

7 months after the final decree was signed the defendant has now filed a new petition using the old cause number: Defendant's Petition for Judgment Nunc Pro Tunc. Of course, they are claiming a "clerical error" but asking the Court to modify the 7 month old final order. In the... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 14, 2023

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

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3 Answers | Asked in Divorce and Family Law for Texas on
Q: Recently filed for divorce but pregnant with partner's baby (not spouse's). Do I have to reveal pregnancy?

My partner and I are planning to get married at the courthouse before the baby is born in February. No cheating involved; my ex and I have been long-term separated/agreed to divorce so there is absolutely no question of paternity, we only delayed filing til recently because we were figuring out... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Aug 9, 2023

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

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: What actions do I need to take to ensure my ex pays Child Support and doesn't endanger our daughter on his motorbike?

My ex-husband refuses to pay the child support that we agreed to in divorce (has previously sent some money when he feels like it but it was never through proper child support routes, and he decides when and if he sends the money, and he is around $20,000 behind over the last 6 years)... and he is... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jul 25, 2023

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...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Two years ago my son-in-law was arrested for assaulting my daughter and putting a gun in her mouth.

She was manipulated by him and his family and dropped the charges. (He has been arrested for assault in the past for fights.) Now he is again having an affair and acting like he did then. He was just medically retired from Air Force. He stays home with three children (9, 7, and 3) while she works.... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jul 11, 2023

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...
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1 Answer | Asked in Family Law and Child Support for Texas on
Q: To whom the Subpoena should be served?

I want to file for child support and request a copy of my ex-bank statements. She has accounts in at least 3 different banks and doesn't know any information about her bank accounts, I want to file a subpoena request to get her financial records but do I have to serve my ex since I have no... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jun 28, 2023

You do not have to serve your ex with the subpoena; however, depending on the bank, it could be hard for you to subpoena bank records if you do not know the account numbers.

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