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Questions Answered by Rahlita D. Thornton
1 Answer | Asked in Family Law for Texas on
Q: I have a court for temporary orders hearing, I want to know if I may make an opposition for hearing and a counter motio?

I was served in March 2019 with a motion to modify child support review order. Which included pleadings for what they will be making in case. Which are temporary orders and temporary restraining orders. I was then served with TRO with injunction and temporary orders but the motion only explained... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 14, 2019

You should retain an attorney in both of these actions. There will be 2 separate actions-one for initial case then if you want to complain about visitation that will be a separate one.

1 Answer | Asked in Child Custody for Texas on
Q: We have primary custody of my step children who are 15 and 17. They are both wanting to live with us full time.

We have primary custody of my step children who are 15 and 17. They are both wanting to live with us full time. Currently, we have 50/50 living schedule. M-Th and Th- M with the exchange time being at 6 p.m. They absolutely hate it there and we have always pushed having a relationship with their... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 12, 2019

You can file a motion to modify. But, the best and most efficient way of doing so would be for both parties to agree and then one party hires an attorney to draft paperwork. Since these kids are 15 and 17 a long drawn out fight would not be productive.

2 Answers | Asked in Divorce for Texas on
Q: TX Uncontested Divorce

No alimony or minor children. Very amicable - agreed on all details. Both of us have IRA's, 401k's but do not currently draw retirement benefits. Is uncontested an option (as is our STRONG preference)? Does this change if my wife buys a house after filing but before finalized (not sure why she... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 12, 2019

The purchase of the house is community property until the divorce is finalized. That means that the court can consider it for purposes of dividing property in case there is a dispute. The property would be awarded to your spouse in the decree, if in fact she purchases it before divorce is... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: What was discussed, agreed and signed in front of judge at my Temporary Custody isn't matching the Final Court Order

Example: We never discussed "Court Ordered Supervised Visitation"

Court was in 2015 ..2 years after ivisitation (50/50) based on our work schedules. 2 years later, after divorce from wife#3 & dating future wife #4 he says I have to follow the court order Supervised Visitation at Kidshare.... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 11, 2019

Certainly, you should have rights to see your daughter. It sounds like you may have grounds for a contempt or enforcement action. If so, you could ask for reimbursement of your attorney fees if you prevail. Let us know if you still need any other legal assistance at 888-343-4529.

1 Answer | Asked in Family Law, Child Custody and Education Law for Texas on
Q: I have legal custody of my kids in Texas, my ex's parents are holding them from me, can I go get my kids from school?

Long story short our house caught fire, I left my kids in LA while we repaired the house, never signed any custody or guardianship, things took longer than expected due to several deaths in my family, since they have had them they tell my kids bad things about me, tell my kids to lie to me,... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 11, 2019

Your issues sound very complicated. I do not think that you should follow legal advice on the internet with your facts. You should sit down with an attorney who can properly evaluate your details and issues. You may well have rights to go to your kids school however. But, you need to make sure... Read more »

1 Answer | Asked in Family Law for Texas on
Q: CPS and Detective closed injury to child case two months ago and now there is a warrant being issued for my arrest, why?

I have four other children all ranging in different ages from 17 to 9. This was my first offense. Both the Sheriffs office and CPS office dropped all charges against me after I completed my parenting classes. But now I am being told that there is a warrant being issued for my arrest and that I... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 9, 2019

You should seek the advice of an attorney who handles criminal cases. 888-343-4529.

1 Answer | Asked in Child Custody for Texas on
Q: My child is 18 years old and I am a divorce parent. Per Texas Code Section 153.314 to what age does the code apply.
Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 9, 2019

If your 18 year old is still in high school you are responsible for child support until they graduate.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Pregnant girlfriend and her stepfather threatening child support for being a lazy bum even tho it's not true.

Please help, my girlfriend is 6 months pregnant, she didn't find out she was pregnant till once she was 2 months. Long story short, she still lives with her parents and so do I, when her stepfather found out she was pregnant he talked to me and said I had till she was 7 months to man up and move... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 9, 2019

Your best bet is to hire an attorney to set out both you and the mother's responsibilites as it relates to the child. I would not suggest you rely on the Attorney General as they follow cookie cutter custody and visitation rules. You may want your own. Let us know if we can assist. 888-343-4529.

2 Answers | Asked in Divorce for Texas on
Q: What is citation by way of ESERVE? Anticipated Server ESERVE in a divorce case?
Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 9, 2019

Attorneys are the ones that normally receive eserved citations. Check with the District Clerk's Office to see if you can receive such. Good luck. 888-343-4529.

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How do I get help finding ex wife to take possession of my children after I was awarded sole custody by default?

Ex wife went into hiding with the children and did not attend the hearing for modification of custody resulting in default judgement. How do I get help locating them to enforce the new order and take possession of the children? Now that I have sole custody, isn’t that technically kidnapping?

Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 6, 2019

You may need a private investigator to locate her. Gather as much information that you have before consulting with them. If you do not already have an attorney then as this is complicated I’d suggest obtains one. Good luck 888-343-4529.

1 Answer | Asked in Child Custody for Texas on
Q: ? I went for child support and got counter sued their was drugs involved in both parts I was full-time mom never with o
Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 4, 2019

You’ll need to hire a lawyer to defend the counterclaim for custody.

1 Answer | Asked in Adoption for Texas on
Q: can an 18 year old from another country be adopted by her uncle living in houston,texas
Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 3, 2019

Texas does allow for adult adoptions so you should proceed accordingly and consult with an attorney. Let us know if you need help. Thanks and good luck. 888-343-4529.

1 Answer | Asked in Child Custody for Texas on
Q: What constitutes child neglect in Texas, or would I have a good chance of gaining joint custody with the examples listed

My children’s mother has consistently founds ways to use our kids against me, because I won’t be with her. She also does the minimum to care for them, and I find I am having to do all the “not fun” parenting when I have them during my time. I am wondering what my chances are of getting... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 3, 2019

You have valid concerns and if it has been more than 1 year since the last order then you sound like you have grounds for a modification. The court will have to determine if it is in the best interest of the child. We agree with you that children should not be in the middle of conflict and chaos.... Read more »

3 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can I get a marriage assault bodily injury charge put on me instead of my wife?

I admitted to the officer that I hit my wife in the altercation her and I had, so the Officer said to me that someone has to go to jail and I said it's going to be me (the husband) that's going into jail because I admitted to hit my wife but the officer took my wife to jail instead when it should... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 3, 2019

We understand that you may not want your wife to be prosecuted and sounds like you intend on staying together. The DA is prosecuting this case in a criminal court not a family court. I suggest you retain your own criminal attorney as to how you should proceed. DAs sometimes will accept an... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: What are the consequences of being unable, not unwilling, to follow a court order?

I moved my two children out of their home state of TX to SC roughly 4 weeks ago. My family took us in & have supported us. The father filed a SAPCR, where @ the first hearing in TX, the judge granted me temporary full custody, orally ordered the father to pay child support and orally ordered me to... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Nov 3, 2019

It sounds like you’re in need of an attorney and I would suggest that you contact the State Bar of Texas to see if there are legal resources that you can qualify for. Good luck.

1 Answer | Asked in Divorce, Family Law and Civil Litigation for Texas on
Q: Case dropped by opposing attorney

I drove just over 2hrs to court this morning only to have the opposing attorney tell me she has to drop the case due to another bigger case. Do I have any recourse in this situation? She said that eventhough it was dropped I would have to return to court around mid December time frame. Is this... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 30, 2019

The case just may just be reset. Call the court coordinator to confirm the court date and what it is set for. Good luck 888-343-4529.

2 Answers | Asked in Family Law for Texas on
Q: My girlfriend's parents want to put a restraining order on me because she doesn't want to stop talking to me.

I'm 21 and she's 19. Do they still have the authority to do so or is there a way we can fight it?

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 28, 2019

They have no authority over her to do so unless she had special needs where they may still have some rights to make decisions for your girlfriend. Good luck.

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1 Answer | Asked in Divorce for Texas on
Q: I want divorce but she said she will never sign what can i do

we have been seperated over a year i want to move on with my life but my divorce is stopping me

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 27, 2019

Find an attorney and make sure you have her address for her home and work would be good too. Then get her served with the petition and move on. She does not have to sign for you to get a divorce. Good luck. 888-343-4529.

1 Answer | Asked in Family Law and Domestic Violence for Texas on
Q: My 16 year old girlfriend is being beaten by her mother. She only has me to stay with.

Her other family is also abusive, and we are both the same age, and my family wants her to stay with us. She wants the help, but we have no clue on how to ensure she can stay with us.

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 27, 2019

Has this conduct been reported to the police and CPS? If not, that would be the first things to do. CPS could set up a plan for her and CPS could consider your parents instead of foster parent(s) for her care. Of course there is no guarantee. But, violence should be addressed by the authorities.... Read more »

4 Answers | Asked in Child Custody and Family Law for Texas on
Q: Custody hearing in Texas

In a custody hearing in Texas, is everything said by everyone in the court room recorded or documented? If so is it public record? Or is there any way to obtain a copy of it if it was my custody case? (My lawyer that represented me at the time of the custody case is now deceased)

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 27, 2019

Not all that is said during court proceedings are recorded unless required by the court or requested by either attorney. But, contact the court and request a transcript of what it is that you are trying to obtain. If it just the final order in your case that you are interested in, then just... Read more »

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