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Texas Child Custody Questions & Answers
0 Answers | Asked in Criminal Law, Appeals / Appellate Law, Child Custody and Gov & Administrative Law for Texas on
Q: I'm searching for Epitacio CapetilloJr and for some reason it only shows me the appeal. Im trying to find the arraignmet

An Epitacio Capetillo Jr comes up but it is from a case in Florida which involves a $50 million dollar methamphetamine drug bust involving multiple states.

0 Answers | Asked in Child Custody for Texas on
Q: My son’s mother has primary custody. I just have been informed by her friend. That she’s neglecting him

She’s been suicidal. Using drugs while pregnant. Leaves our son in the middle of the night to party all night. Then sleeps during the day.

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: in 2015 i was never served to go to divorce court. i have evidence to prove they never served.

it has caused me legal issues, and financial burdens with no legal merit, evidence of income, or any other burdens of proof.

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

If a divorce was granted without proper service of process, you have only four years from the date of the divorce decree to file what is called a bill of review to challenge the decree. Particularly when you mention things like child custody and child support, most people would learn of the... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How and what do I need to start a custody case?

No court orders. Not married. 3 children.

John Michael Frick
John Michael Frick
answered on Jul 23, 2024

Typically, you would need to locate an attorney who practices in the area of family law in or near the county where your children reside and a reasonable initial retainer of $15-25,000 if you and the other parent have not reached an agreement on child support and a parenting plan.

0 Answers | Asked in Child Custody and Family Law for Texas on
Q: What are my rights regarding child custody in Oklahoma if my ex-partner is preventing me from seeing my son?

I don't know where to get a copy of my records.

0 Answers | Asked in Child Custody for Texas on
Q: How do I start the step up visitation? I can’t find it on Texas Law Help but an attorney told me about it.

I’ve recently spoke to an attorney regarding child custody because the father hasn’t been around in years. I’m finally getting a divorce and I rather do the step up visitation then long distance co parenting. How do I find the paper regarding step up visitation though?

1 Answer | Asked in Child Custody, Divorce and Family Law for Texas on
Q: My spouse filed an answer and majority of their answer they lied and also had a child during our marriage.

We don't have property but, a child together. They called Child Protection Services but, lied to them also. In their answer they said that my new lover is abusive but, the lover doesn’t even live with me. They’re not fighting for full custody but, is there a punishment if they lie in their answer.

John Michael Frick
John Michael Frick
answered on Jul 18, 2024

An answer contains allegations, not evidence. If they make an allegation in their answer which is not true, prove that it is not true at any hearing or trial using evidence.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What can I do if my ex-wife won't let me pick my son up for my parental time. She says I can only visit him in her home

Ex wife is refusing my parental time and won't let me leave to my house with him. Custody agreement states I get him from Friday to Sunday evening.

John Michael Frick
John Michael Frick
answered on Jul 18, 2024

Pick him up and leave with him. Your ex-wife does not have the power to prevent it. She may not like it. She may yell and argue and stomp her foot. She may threaten to call the police or to take you to court. But she is powerless to prevent it.

0 Answers | Asked in Family Law and Child Custody for Texas on
Q: What can I do if my ex-wife won't let me pick my son up for my parental time. She says I can only visit in her home.

Ex wife is refusing my parental time and won't let me leave to my house with him. Even though the custody agreement states I get him Friday to Sunday night. Can I get in trouble for taking him back to my home per custody order?

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Do I have grounds to try to get majority custody of my son and off child support.

I have 5050 custody of our son. I pay her 980 a month in child support. she was arrested 2x once in may for a bench warrant and then this weekend for a DWI with a minor in the vehicle. (her 4 month old, not my son) she was on the way to her friends house to pick him up. CPS has been open and will... View More

John Michael Frick
John Michael Frick
answered on Jul 16, 2024

It sounds like you have good grounds to request a modification under the facts stated in your question.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: How do I file for sole of primary custody? The father is homeless and has substance abuse issues as well as my mother-in

My husband and I are separated. I live in Texas. My spouse lives in Louisiana. We currently have joint custody. I don’t want to return my children to their father because the environment isn’t good for their well being and the father isn’t fit.

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

You need to hire an attorney in or near the county where you live who practices in the area of family law or divorce to file a divorce proceeding in which you can seek full custody of your children. While cases seeking full custodial possession of children can be difficult and expensive, the facts... View More

0 Answers | Asked in Family Law and Child Custody for Texas on
Q: Can My brother call law enforcement and have his children removed from my home?

My (estranged)brother and sister in law have a divorce and custody agreement in TX that is a standard posession order. He moved to GA where I live without informing the courts so good ex is now following the long distance standard order. The order states that my brother should pick up their kids... View More

2 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Do 1,3,5 weekend visitations still happen during summer after NCP had their consecutive 30 days for summer?

We have a standard TX child support agreement. Written notice was given in time for summer dates (5/24-6/24). NCP was planning on 1,3,5 schedule visitation for July.

Does holiday vacation override weekend visitation for summer?

Is NCP entitled to weekend visitations?

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

In a typical Texas possession order, the NCP continues to have weekend possession typically on the 1st, 3rd, and 5th weekends during the summer subject to the CP's summer possession rights. Typically, the CP is entitled to designate one weekend of the NCP's during the summer as the... View More

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Help I don't know what to do to protect son

Son came home 3 weeks ago I have photos with bruise. Son told me who did it I asked dad and that person. Person did say she rough played with him. My son don't want to be around this person (he is 9 yrs old) the lady is in her late 30s early 40s. Also his dad puts him in situations even when... View More

John Michael Frick
John Michael Frick
answered on Jul 19, 2024

You have done the right thing by addressing these matters with his father and the other person.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I just got severed last Friday for Motion For Enforcement of Possession or Access. How do I response to it?

The dates go all the way back to 2018. But, what I don't get that we don't have police reports for any of the days he is claiming that I didn't let the kids go. Also I'll like to turn the case into I change in child custody because I don't feel like my children are safe at his place.

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

Police reports aren't required and are rarely offered into evidence in a post-decree enforcement proceeding for denial of possession or access.

You can file a motion to modify if you feel that your children are not safe at his place. While is is unlikely that a court would forbid...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How to get legal help for Child custody when CPS is doing nothing?

Child is being neglected by the mother and CPS will not do anything. Child and mother live in Texas and the custody case is in Tarrant county.The mother's home is not clean we have pictures. The Child has reported to many family members that he only gets one meal a day and that laundry soap... View More

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

You should retain an attorney who practices in the area of family law in or near Tarrant County to file a custody lawsuit. If reports of abuse or neglect have been made by someone other than you or your family members, you should subpoena records from CPS to use in your custody case and try to... View More

2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Texas on
Q: In Texas, can I remove my child from a dangerous environment (home of my ex-wife’s convicted felon BF)

During ex-wife’s periods of possession they stay at their home w/ BF overnight (not restricted in our div decree), or on weekends they stay with him at his home 250 miles away in DFW. My 10 y/o son just told me with certainty that the BF has been smoking marijuana around him in both homes and... View More

John Michael Frick
John Michael Frick
answered on Jun 21, 2024

Because you have an existing court order and a new case seeking primary custody, you need to file a motion for temporary orders or, if there is an imminent threat to your child, a motion for a TRO. The facts stated in your question do not justify your violation of an existing court order in my... View More

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