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Questions Answered by Elisa Reiter
2 Answers | Asked in Divorce, Child Custody and Family Law for Texas on
Q: My ex-wife is scheduling extra-curricular activities for my 12 year old son in Texas after I told her not to. Recourse?

I told my ex-wife (she is primary custodial parent) that she did not have my permission to schedule extra-curricular activities for my son during my custody time (I have every Thursday and every other weekend), she schedule my son for karate every Monday and Thursday and is harassing me to take him... View More

Elisa  Reiter
Elisa Reiter
answered on Sep 7, 2023

I encourage parents to do their utmost to put their children first. Part of that process is for parents to confer with frequency about what is going on in their children's lives. Note - I have a bias here, as my 17 year old son is a second-degree black belt in Tae Kwon Do. The exercise,... View More

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Texas on
Q: is there some law or right thats says this is wrong

im 14 and got my girlfriend pregnant her parents are saying she has to have an abortion because having the baby can kill her and seriously hurt her and i looked it up and if that was the case it would be a mandatory abortion and now they dont even wanna tell if us shes gonna end up getting a... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 31, 2023

Even after the Dobbs decision, a woman has the right to choose. A minor woman would need to work with her parents to obtain a timely abortion. If your girlfriend chooses to have the baby, keeps the baby, and gives you information, you could have the option of signing off on the baby's birth... View More

4 Answers | Asked in Family Law and Child Custody for Texas on
Q: Need help understanding a court order.

IT IS ORDERED that the conservators shall have possession of the child at times

mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is ORDERED that the conservators shall have possession ofthe child under the specified terms set out in this Modified... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 29, 2023

You and the other conservator may mutually agree to deviate from the terms outlined. If you do not agree to deviate, the specific terms outlined in the order control.

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3 Answers | Asked in Civil Litigation, Small Claims, Divorce and Family Law for Texas on
Q: Common law yes or no?

I bought half an acre while married to an ex and in a relationship with my new girl.

i then divorced my ex 3 yrs later.the lot is only under my name.while being in a the relationship with my new girl i started building a house with only my money and money my dad gave to me.10 yrs later we... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 23, 2023

Under the Texas Family Code, an informal or “common law” marriage may be proved with evidence that:

a declaration of marriage has been signed; or the parties:

agreed to be married, and

after the agreement they cohabitated (lived) together, in Texas, as a married couple,...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I need legal representation asap and I need pro bono or cheap payment plan for child custody I've tried legal aid

Please if someone can help me I don't make but 994 a month and I raise my grandchild I need help I have court on the 1 St for tro and the 26 for custody please help

Elisa  Reiter
Elisa Reiter
answered on Aug 22, 2023

Howdy. Try https://texaslawhelp.org/directory/texaslawhelporg. Most law schools in Texas have pro bono clinics - try contacting the Houston law schools for assistance. https://www.law.uh.edu/probono/ Good luck to you.

3 Answers | Asked in Child Custody and Family Law for Texas on
Q: How do I contest a motion to confer with child?

I'm suing for custody of my youngest son. My ex is attempting to use the judge to make a decision since she brainwashed him. I want to challenge her motion, I do not want this done.

Elisa  Reiter
Elisa Reiter
answered on Aug 22, 2023

A motion to confer with child is a request to the court to interview the child in chambers to determine the child’s wishes as to possession, access, or any other issue in the suit affecting the parent-child relationship. This motion can be filed by a party, the amicus attorney, or the attorney ad... View More

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: What should my first steps be in this situation? Note: other parent refuses to communicate

My ex-husband and father of my 14 year old and I share joint managing conservatorship of our daughter with me being the primary parent. She lives with me and he has visitation whenever we agree or per our standard possession order. In the last year there have been a couple incidents that have... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 17, 2023

Frankly, some judges remain sticklers about not condoning marijuana use. Others don't care. Here is a link to pertinent law on prosecution for possession. https://texas.public.law/statutes/tex._health_and_safety_code_section_481.121

You can try to file a motion to modify, with a...
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1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Civil Rights for Texas on
Q: I'm being listed as a witness for my domestic partners ex wife. Do I need a lawyer, can they do this, my options?

My domestic partner is divorced for the last 6 years. The divorce was based on her inability to be in a partnership with her controlling and narcissist behaviors (i.e., she had him pull away from his own family for several years). When they had their child after a decade of trying she continued... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 17, 2023

Your domestic partner is presumably represented by counsel, as is the child's mother.

You should retain counsel. Neither of the parties' attorneys will represent you, nor your interests in the case.

You should count on a "woodshedding" session with your...
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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: Can I file for a temporary orders hearing after a re trial is granted and not happening until next year?? (Child custody

the motion for a retrial was granted in my custody case, taking me from 50/50 with my child back to once a month per the old order. It is extremely high conflict.

I am extremely worried about my children’s emotional well-being and physical well-being. It is being re tried because I... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 15, 2023

Are you presently represented by counsel? Has there been any counseling in regard to parental alienation or reunification therapy? Please realize that if a person fails to exercise access to which they are entitled, that can be taken into consideration in a modification proceeding. It is unclear... View More

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: How can I get to see my daughter at least one day out of the week
Elisa  Reiter
Elisa Reiter
answered on Aug 11, 2023

Too little detail here; was your daughter born during marriage, or out of wedlock? Have you ever been the subject of a referral to CPS? If your daughter was previously the subject of a suit affecting the parent child relationship, and that court issued orders regarding the child, that court is the... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: HOW CAN I GET MY SON BACK FROM MY SISTER IF I DON'T HAVE ANY CPS CASE NOTHING AT ALL

My case has been closed for a year but the cos worker didn't bother to pick up my son at my sister's n bring him to me or even called me to pick him at the office nothing at all so now I'm trying to get him back cuz my sister doesn't want to give him back to me i had called to... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 11, 2023

There may be an information gap here. If there was a pending CPS case, it is possible that a judgment was entered by default. Check with the District Clerk's office where the case was pending, and see if you can obtain a copy of the final order. If your sister was named a conservator of the... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on
Q: My grand daughter's ex boyfriend and father of her little girl is stalking, harassing and threatening to kill her.

She has filled harassment charges with the town in which she lives to no avail. She can't afford an attorney. What can she do? This man is crazy and scary!

Elisa  Reiter
Elisa Reiter
answered on Aug 11, 2023

If your granddaughter is being stalked in Texas, there are several options available to you and to your family. Here are some steps that can be taken:

File a police report: If the granddaughter is being stalked, the family should contact the police immediately. The police can investigate...
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2 Answers | Asked in Child Custody and Family Law for Texas on
Q: how can i afford a lawyer to get custody of my girls
Elisa  Reiter
Elisa Reiter
answered on Aug 11, 2023

Ascertain if there are pro bono services in Kaufman County. It's unclear if you've been married, are divorce, or seek a post divorce modification of conservatorship.

Custody cases are not easy matters to resolve. Keep the best interests of your girls first and foremost.

Good luck to you.

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1 Answer | Asked in Family Law for Texas on
Q: Can i travel with my daughter who is 10 months old without her fathers permission letter? we are married/live together

i would like to take my daughter to Mexico to meet my family she does have passport but would like to know if we can go and come back without having a permission letter from my husbands

Elisa  Reiter
Elisa Reiter
answered on Aug 8, 2023

If the child is traveling to Mexico alone or with a third party of legal age as tourists or with a short stay for study purposes (up to 180 days), authorization or a letter of consent from their parents or guardians is required

When departing from Mexico, apart from presenting a valid...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can I get primary custody if ex refuses to let me see 1 child and ESO for others? Not mature (Neglect) & alienation?

Extended standard order in county over for Previous kids (twins 2yr) who are only 1yr older. I use to watch all the children while ex worked, yes including the one I’m being kept from from birth until 7 months (when we separated) Now won’t let me keep them while working instead let’s friend... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 8, 2023

As someone who is double Board Certified in Family Law and Child Welfare Law by the Texas Board of Legal Specialization, I want to explain that I cannot provide any guarantees regarding the outcome of your case. The Texas Family Code governs family law matters in the state, and it is important to... View More

2 Answers | Asked in Probate and Family Law for Texas on
Q: Can my deceased daughter's boyfriend keep her ashes and urn and refuse to give them to her father or myself??

My daughter was living with this man and had a child. Since shortly after her death, we have been denied the ability to see or visit with the child. Furthermore, the boyfriend has closed all her accounts, transferred the title of her car, and is withholding her other property (specifically the... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 11, 2023

These are delicate situations. You may find the following sections of the Texas Estates Code helpful:

Disposition of Remains: According to Texas law, a person may provide written directions for the disposition of their remains. This means that if your deceased daughter had expressed her...
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1 Answer | Asked in Family Law and Child Support for Texas on
Q: Does Money sent via cashapp not labeled have to be claimed as child support with no orders in place yet ?

Only 2 transactions have a memo “for child”. He with holds money when he is mad or tries to bribe me to do something in order for him to send it or says he will only give me cash in person and I won’t meet him to get ir. He’s borrowed money from me and not returned it and claimed a... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

In Texas, child support payments can be made electronically through various methods, including online platforms like Cash App

However, the fact that money is sent via Cash App without a specific label does not automatically make it child support. The determination of whether a payment...
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1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Texas on
Q: Ex has custody in Washington state. I live in Texas. Daughter is 16. Extremely bad living situation. Wants to live w/me

Dad bans her from contact w/me. Horrible neglect and abuse. She's in chins petition with placement with a friend mine but placement is no longer going to work and chins is being dropped. She cannot go back to her dad's care. She wants to live with me in Texas. What is the fastest way to... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

Discourage your child from running away. There are civil and criminal penalties for kidnapping a child. In the given situation, where the daughter is currently in Washington state with her father and wants to live with you in Texas due to an extremely bad living situation, there are legal options... View More

2 Answers | Asked in Car Accidents, Insurance Bad Faith, Criminal Law, Family Law and Personal Injury for Texas on
Q: Can a person use a car accident photo as abuse and also use it in their settlement claim?
Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

It is unclear from your question whether any claim of child abuse has been lodged, and further, whether the photo somehow includes a child whose custody is at issue. Evidence takes many forms both in civil matters and in family law cases. If a photo is properly authenticated (taken at the time... View More

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2 Answers | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Texas on
Q: Per the AJ report, with no dates, I was awarded standard possession order, but no attorney filed the SPO w/courts

With no SPO or any other orders stating custody, what does this mean? My attorney disagrees with my research, ignores my calls. The custody filling started with an ex Parte order that shouldn’t have been ordered as the judge was misled with insufficient evidence. I have tons of evidentiary... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

Wow, many items to unravel here. First, if you are having difficulties communicating with your attorney, it may be time for a change. Before you change, email, and request a conference - either in person or via zoom. Use that session not only to catch up, but to establish strategy for your case... View More

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