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Questions Answered by Rafee'a S. Majeed
1 Answer | Asked in Family Law and Child Support for Texas on
Q: Do I need a lawyer if I got served a modification for custody

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

Rafee'a S. Majeed
Rafee'a S. Majeed
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...
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Can a common in law spouse get custody of a non biological child?

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,... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
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... View More

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: What school schedule do we go by for submitting summer days for the NCP? Do both parents need to go by the same one?

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... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
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...
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2 Answers | Asked in Family Law and Child Support for Texas on
Q: If my childs father owes over $10k in child support and finally decides to file taxes and claims 2 children one is mine

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 .

Rafee'a S. Majeed
Rafee'a S. Majeed
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...
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Does spring break visitation end on Sunday at 6pm if there is a teacher work day the following Monday?

(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... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
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...
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3 Answers | Asked in Family Law and Child Custody for Texas on
Q: In the summer schedule for less than 100 miles it states 30 consecutive days or two separate periods .

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... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
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... View More

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2 Answers | Asked in Family Law and Juvenile Law for Texas on
Q: Is there a law in Texas regarding sleeping arrangements for biological children?

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?

Rafee'a S. Majeed
Rafee'a S. Majeed
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...
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2 Answers | Asked in Family Law for Texas on
Q: Visitation modification

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,... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
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...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: If the sole managing conservator kicks the child out at age 13 does can the poss. Cons. Gain rights and pick up the kid

The child is in texas and the posses. Conservator lives in Arkansas

Rafee'a S. Majeed
Rafee'a S. Majeed
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... 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 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.

2 Answers | Asked in Family Law for Texas on
Q: My fiancé recently called off our engagement & wants the ring back. We live in Texas. Can I keep the ring?

We have no written agreements or pre-nups in place. Nor have we ever discussed these. From what I have read, Texas is a fault-based state and in my case, my fiance' broke off the engagement and expects me to return the ring. Shouldn't I be allowed to keep it?

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Apr 20, 2023

The ring is considered a gift to the recipient and thus is not required to be returned.

Even if you guys were to get married and then you got divorced, you would not be required to return the ring.

I hope this information helps. Good luck to you.

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1 Answer | Asked in Family Law, Domestic Violence and Landlord - Tenant for Texas on
Q: Need help and assistance from lawyer legally help me to have my son abide by the house rules or move out of the house

i have a 18 yr old son who has been very disrespectful, abusive and threatening to me and my wife with bad behaviour. He doesnt want to follow any house rules. Have dropped out of the college, being out whole night, comes back in the morning and sleeps whole day. When we ask him to change is... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 14, 2022

Unfortunately, there is not a court with jurisdiction over an 18-year-old adult. This is not an issue that can be resolved within the legal system (nor should you want it to). If he doesn't want to abide by the house rules, then he should no longer be allowed to live in the house.

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: My father never signed his will. He only has myself and my sister as far as family goes. What will happen to all of hi

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!

Rafee'a S. Majeed
Rafee'a S. Majeed
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,...
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1 Answer | Asked in Family Law, Criminal Law, Juvenile Law and Libel & Slander for Texas on
Q: Can a father legally keep me, an unrelated adult, from communicating with his kids, even if there is no bad intentions?

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... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
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.... View More

1 Answer | Asked in Family Law for Texas on
Q: I have a cps case that I need help with from a pri bono lawyer because I have no momey
Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Sep 28, 2022

If you are a parent of the child and cannot afford a lawyer, you can request that the Court appoint you a lawyer in a CPS case.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I have joint managing conservatorship but I’m a non custodial parent do I have the right to know who babysits my child?

The other parent works nights and won’t tell me a thing. I have 50/50 custody. Is that illegal in Texas.

Rafee'a S. Majeed
Rafee'a S. Majeed
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...
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2 Answers | Asked in Family Law for Texas on
Q: Me and my baby’s father got into an argument and he opened a door on my face by mistake because I was trying to get in.

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?... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
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... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: If a custodial parent drops off their kids and doesn’t return for four months to the non-custodial parent what can they

The noncustodial parent is paying child support

Rafee'a S. Majeed
Rafee'a S. Majeed
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... View More

1 Answer | Asked in Family Law for Texas on
Q: What can you do when you receive a late modification notice “ATTY Citation IV-D”

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... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
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... View More

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