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Questions Answered by Jonathan Tanaka
1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: What kind of proof do I need to show the judge?

I signed for child support i wanted 50/50 custody but father said no he wants full custody he lied to the judge about my child living with him judge took his verbal word from him gave him temporarily full custody and all rights wile i pay for child support and get every 1st 3rd and 5th weekends... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Aug 5, 2021

I would suggest that you hire a family law attorney in the San Antonio area right away. The attorney will be able to assist you in putting forward your best argument for the upcoming final hearing or perhaps assist in settling the matter via mediation.

The fact that your child has been...
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1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Q: Should I let my ex know that I know about her adultery before we go to divorce court, or let it be a surprise?

im going through divorce. we havent gone to court yet. my daughters, 14 and 15, have chosen to live with me, not her. Mothers day weekend, was her first weekend to have them since she moved out a month ago. the very first night she took them to a biker party at her new boyfriends house, got... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on May 13, 2021

I would suggest that you reach out to a local family law attorney in your area (Irving) so the attorney can sit down with you, learn what's been filed so far in the matter and better understand the facts surrounding your situation.

Adultery is not illegal in Texas. However, it may...
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1 Answer | Asked in Child Support for Texas on
Q: Due to Covid I got behind on child support since last year. No income since last July.
Jonathan Tanaka
Jonathan Tanaka answered on May 10, 2021

Thanks for your question! We would need some more context as I'm not sure what your question is exactly. I would suggest that you reach out to a local family law attorney in your area so they can sit down with you and learn more about your situation and review the child support order.... Read more »

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Deadline to request summer possession dates was on 03/15 ex didnt request dates until 04/30, is it valid?

We as conservators get 5 extra days of possession during summer break, we have to summit a written request for the dates of our choosing, but my ex didnt request dates until a month and a half after the deadline. There is no default days in our modified order, order is for 7 days with me, 7 days... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on May 1, 2021

I would agree with what my fellow colleague stated. The final decree will dictate deadlines and rights and duties.

However, even if you technically are correct and your ex missed the deadline, I would encourage that you just allow them to exercise those extra days of possession for the...
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1 Answer | Asked in Divorce, Family Law and Child Support for Texas on
Q: I’ve been divorced and have 50 50 custody of my 2 children, there was no child support in place because of the 50 50

She tells me when I can get the kids and now she wants to take me to court for child support even though I’ve asked for week to week and she refuses

Jonathan Tanaka
Jonathan Tanaka answered on Apr 26, 2021

I would suggest that you reach out to a family law attorney in your area (Dickinson) so they can review the divorce decree with you and discuss what your options are.

It sounds like your ex-spouse is wanting to modify the final order to give her primary custody and to order you to pay...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Can my daughter's mother take my daughter and not let leave with her

She keeps saying I can come down there and visit her but I'm not on any visitation papers or anyting and I don't want visitation I want to actually pick up my daughter and go to my house and bring her back in a day or so I'm on the birth certificate she's my daughter I just... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Apr 22, 2021

Thanks for your question! I would suggest that you reach out to a local family law attorney in your area (Dallas) as soon as possible.

If there has not been prior court orders, you will need to pursue legal action to establish paternity and visitation, custody, and child support matters....
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I need to find out what rights or who to contact. I have to my daughter. Ive never been to court or recieved anything.

The mother of my child took my daughter away from me when she was 3 yrs. old I have not seen her since. I have not been to court at all, but I was ordered to pay child support. I had no knowledge of such order until I came home. I have not had any contact with her mother or her, She refuses. I... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Apr 22, 2021

I would agree with my colleague, Ms. Walter.

The attorney will be able to figure out what the court order states and what your options are. If you can, bring a copy of that order with you so the attorney can review it with you. Best of luck!

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1 Answer | Asked in Landlord - Tenant for Texas on
Q: Tenant delinquent on rent, water pipes burst does the landlord have to fix?

This is in reference too:

Texas Property Code Sec. 92.052 Landlord’s Duty to Repair or Remedy

(a) A landlord shall make a diligent effort to repair or remedy a condition if:

(1)the tenant specifies the condition in a notice to the person to whom or to the place where... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Apr 19, 2021

Yes, it appears to be. This remedy involves more than just these subpoints. I believe there are three additional requirements that need to be also met as well as some other code sections that flesh out what "notice" means.

I am not sure if you are the landlord or the tenant here,...
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1 Answer | Asked in Civil Litigation, Civil Rights, Landlord - Tenant and Small Claims for Texas on
Q: I had my car illegally towed from apartment. What can I do?

Apt did not use contracted towing company as what’s listed in my contract and outside buildings. They will not tell me a reason my car was towed. Who ever took my car did not leave any information on where my car was taken to. They did not register my car as towed, so it has been stolen. I made a... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Apr 9, 2021

Hello, thanks for your question!

Sorry to hear about that! In regards to the fees that you are being charged, on the invoices you are receiving, there should be a phone or email address that you can reach out to figure out what's going on.

I'm a little confused - how do...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do I have to meet my ex halfway during her designated summer weekends?

My ex and I meet half way on my weekends to see my son as it is stated in our MSA to do so on those weekends. However, My MSA states that during my designated summer time with him that my ex can designate 2 non consecutive weekends to have him. It states ""Conservator" may have... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Apr 6, 2021

Thanks for your question! Unless you both negotiated and agreed to meet halfway somewhere else in the MSA, it doesn't appear like it's required.

I would reach out to a local family law attorney in your area (Burnet) so they can review the language of your MSA. Or, reach out to...
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1 Answer | Asked in Child Custody and Child Support for Texas on
Q: On child support, my son has been living with me for 4 1/2 yrs. I have job insurance but she still gets support&Medicaid

What do i do

Jonathan Tanaka
Jonathan Tanaka answered on Mar 31, 2021

Thanks for your question! I would reach out to a family law attorney in your area (I didn't see a city listed on your question) so the attorney can review the final order with you and learn more about the facts surrounding your situation.

It sounds like you are wanting to modify the...
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1 Answer | Asked in Child Support for Texas on
Q: My daughter’s mom requested a child support modification and is also requesting 4 years of retroactive child support.

My original child support order was created in 2009 and supposedly expired in 2011 from what I am being told. However, I continued to pay from 2009 to current through our registry only account until recently when my daughter’s mom requested a modification. I have since agreed to the new amount... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Mar 30, 2021

Thanks for your question! It sounds like it'd be helpful to reach out to a local, family law attorney in the area (New Braunfels) so they can learn more about the facts in this current matter and also review the original child support order from 2009.

How did you agree to a new,...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: When will my court date be?

My child’s father is not allowing me to have visitation with my daughter. I plan on filing motion to enforce. After I file the paperwork, how soon will my court date be scheduled for?

Jonathan Tanaka
Jonathan Tanaka answered on Mar 24, 2021

Thanks for your question!

It really depends. A lot of courts have been significantly affected by COVID. Many hearings here have been pushed out to June/July.

Have you reached out to an attorney yet? I would recommend that you contact a local family law attorney in Katy, TX so the...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: How long do I have to file motion to enforce for child visitation?

In Texas, after I gather all my evidence (police reports, receipts, etc) how long do I have to file motion to enforce for child visitation? Is there a cut off date for filing? After the denied visits, how much time can pass before I file?

Jonathan Tanaka
Jonathan Tanaka answered on Mar 24, 2021

Thanks for your question! I would recommend reaching out to a local family law attorney in your area so the attorney can review your final order with you and discuss the facts surrounding your situation.

The Texas Family Code states that the court retains jurisdiction if the motion for...
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1 Answer | Asked in Juvenile Law, Medical Malpractice and Health Care Law for Texas on
Q: Can a 16 year old minor be prescribed medication with only one parent knowledge and consent in Tennessee?

My wife scheduled mental health counseling for our 16 year old son. Prescription medications SERTRALINE

and FAMOTIDINE were prescribed. I am the father. And was not aware or approved of prescription medications. Can a minor in Tennessee be prescribed these drugs without both parents consent?

Jonathan Tanaka
Jonathan Tanaka answered on Mar 24, 2021

Hello, thanks for your question!

I am not a doctor and am not sure what those prescriptions are for, but since you're both married and this is your son, you both are free to make medical choices regarding your son, either jointly or separately.

I would suggest that you...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: What other legal options do I have?

Me and my ex spouse were married for 12 years and divorced in Texas. This was a uncontested divorce and the decree lists us both as joint managing conservators with her as the custodial parent. There is not a standard possession order it only states that visitation will be agreeable by both... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Mar 23, 2021

Thanks for your question and I'm sorry to hear about your situation.

I would suggest that you reach out to a local family law attorney so the attorney can review your final order with you and learn more about the facts surrounding your situation.

It sounds like you will need...
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1 Answer | Asked in Child Custody and Child Support for Texas on
Q: My childs father won’t help me financially anymore. I have my child more than he does

My child goes to school in the district i reside in, I have my child more days out of the week than he does. He’s decided not to help me financially anymore. He’s going to try an fight for joint custody and not pay child support. What do I need to do

Jonathan Tanaka
Jonathan Tanaka answered on Mar 22, 2021

Hello, thanks for your question!

I would suggest that you reach out to a Houston-area family law attorney as soon as possible. The attorney can review the final order and learn more about the facts surrounding your situation.

If your husband does follow through and attempt to...
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1 Answer | Asked in Family Law for Texas on
Q: I’m the NCP in a standard possession order. Do I get my daughter this weekend?? I’m being told no by the CP.

We have a standard possession order.

Jonathan Tanaka
Jonathan Tanaka answered on Mar 22, 2021

Thanks for your question! It would depend on what your final order states. I am assuming the CP is referring to the fact that they were to have the child for spring break?

In any case, I would suggest reaching out to a family law attorney in Dallas so the attorney can learn more facts...
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1 Answer | Asked in Landlord - Tenant for Texas on
Q: my landlord changed its policies and requiring 2month notice to move....we have been month to month does it apply to me

my landlord changed its policies and requiring 2month notice to move....we have been month to month does it still apply to me since we are not in a lease? I don't mind giving 30 days notice but 2 seems a little excessive

Jonathan Tanaka
Jonathan Tanaka answered on Mar 16, 2021

Thanks for your question! 60 days is fairly standard, at least where I'm from. If you're interested, you could always reach out to a local landlord-tenant attorney in your area (Irving) so the attorney can review your lease and the new policy change. Best of luck!

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Visitation

I have court ordered visitation for my child. My order gives the days and time for my visitation. But My order doesn’t specify anything about the rules for exchange of the child. It does say “It is further ordered that all possession and access by (ME) shall be supervised by (my mother and... Read more »

Jonathan Tanaka
Jonathan Tanaka answered on Mar 16, 2021

Thanks for your question! I would suggest that you reach out to a family law attorney in your area (Katy). See if you can hire one to review your court order and provide some advice. There may be more clarification/details elsewhere in the order.

Also, generally, as long as you and the...
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