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My ex-husband and I share 50/50 custody of our 12 and 13 year old sons. The 13 year old has been living with his father during the school since 2021 and the 12 year old has lived with me full time, still maintaining the every other weekend agreement. While this agreement does not pose an immediate... View More
answered on Jun 27, 2022
If you wish to change any Texas court order, you must file a Petition to Modify Parent-Child Relationship and set it for a hearing before the Court of exclusive jurisdiction.
You should read your current court order thoroughly because it is unclear from your post if there is a geographic... View More
I was just wanting to know what could be the outcome of both situations. Since I was recently charged with filing a false report does that mean the charges against the other person will be dismissed?
answered on Jun 28, 2022
If a police report you made was determined to be false, then the charges against the accused will be dismissed because the report was not truthful.
If you were subsequently charged with making a false police report, you will be prosecuted for the charge.
Under Section 37.08 of the... View More
I have tried to file, but the clerk says i can't file without Judge's signature on that particular form. I can't find a request for continuance form that doesn't include the Notice of Hearing. (It is objected to by opposing party.)
answered on Jun 9, 2022
You may not be able to find the document you are looking for through self help forms.
However, why do you need a continuance? Is this the first time you've requested a continuance? How long have you known about the upcoming court date? These are all questions the Judge/Court will... View More
Will the court send me information of the date and time. And will they offer a appointed attorney
answered on Jun 7, 2022
If you do not agree to sign a Waiver of Service, the Court will not send you any information. The non-custodial parent's attorney will simply send a sheriff, constable or private process server to serve you with the Motion to Confirm Child Support Arrearages. That should also come with a... View More
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?
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... View More
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.
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... View More
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... View More
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... View More
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.
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... View More
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... View More
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... View More
Sapcr
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... View More
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
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... View More
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... View More
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... View More
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
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... View More
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?
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... View More
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... View More
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... View More
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?
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.
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... View More
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.... View More
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... View More
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?
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... View More
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... View More
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... View More
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