I am a paternal grandmother of two girls age 15 & 17. My son has joint managing conservatorship with the mother who is primary. CPS involved cases w/mother and most recently with step father. 15 year old told mother she does not want to live with her. mother has consented via email to let... Read more »
I have a signed final divorce with kids 9/22 in Texas.My ex was in default but filed a form contesting the ruling. I am the pro se petitioner but I found out today and I was never served. Court was in December and 3/7. I have a dismissal of hearing for 3/27 and Motion 5/9
answered on Mar 22, 2023
You should have an experienced attorney carefully review your court file.
If a final decree was signed 9/22 and no order has been entered setting it aside or granting a new trial, the trial court likely has lost plenary power to do so.
If you weren’t served with your ex’s... Read more »
Already did temp orders and now have a final order. The opposite party now wants a jury trial because they never pay out of pocket for attorney. There attorney stated he is pro bono in open court.I spent everything I had for attorney to get final court order naming me primary custodian. If he is... Read more »
answered on Mar 21, 2023
You don't have a final order or they would not be asking for a jury trial. Life is not fair
One parent is on drugs and girlfriend on antipsychotic meds hears voices telling her to harm herself other parent has abuse the child neither have a stable home
answered on Mar 14, 2023
Hello. You just need to hire a lawyer to file a suit affecting parent child relationship and have both parents served.
My grand daughter has lived with me since she was born, her mother has child abuse record and father is unstable no house no car smokes weed and his girlfriend is on antipsychotic medications she hears voices telling her to harm her self. The baby has lived with me all but 2 months of her life... Read more »
answered on Mar 14, 2023
Texas law does not grant automatic visitation or custody rights to grandparents. However, if the child has been living with you for more than six months, you are be eligible to ask for custody of the child as a non-parent under Texas Family Code section 102.003.
(1) the possessory conservator shall have possession in
even-numbered years, beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall... Read more »
answered on Mar 10, 2023
This is one of these unique possession periods on which not even all attorneys can agree.
The order says that Spring Break possession ends at "6:00 pm before school resumes after that vacation". So, in your situation, since the children are not in school on that Monday, due to the... Read more »
When this is taken in two periods can the total days exceed 30 days? My husband often picks them where the total days are over 40 days due to how he starts and stops after and before his weekends . Everyone is telling me this isn’t right and that they don’t do this, but everyone isn’t a legal... Read more »
answered on Mar 8, 2023
When summer possession is taken in two separate periods, it cannot exceed 30 days. The possession order states that it is 30 consecutive days OR two separate periods not to exceed 30 days, and the periods are to be at least 7 consecutive days each. So, most parents, if they are going to take the... Read more »
I hired an attorney in 2015 to get full custody of my son, with no results. I am no longer being represented by the attorney, but they failed to file for dismissal of the case. I need to have that submitted before the attorney general's office will review my case.
I just moved to Texas and she had filed an objection to move on 2 22 23 . she filed objection to move in august of 2022 and the commissioner asked me to move with full custody to Texas. Her newest filling is requesting full custody be given to her.
answered on Mar 7, 2023
The procedure is set forth in Chapter 11 of the Texas Civil Practice and Remedies Code.
The defendant has 90 days after filing an original answer to file a motion to determine that the plaintiff is a vexatious litigant.
The required criteria to prove that a plaintiff is a vexatious... Read more »
My ex-husband and I share custody of our 2 boys. He met a woman on a dating app about 7 weeks ago. He said they met on Tinder, but I believe it was on a sexual fetish site. She is from Columbia (the country not the city) and speaks no English. She came to the US to visit her sister in Austin... Read more »
answered on Mar 7, 2023
Every custody case is judged on the full facts and circumstances presented by the evidence. The details you included in your question are not favorable for your ex-husband. But whether they are enough standing alone to justify a change in custody depends on the trier of fact, whether that is a... Read more »
i am almost 15 my brothers almost 16, and our mother is deceased and my dad is very unstable as in we never go to school. i never went to 8th grade because he didn't want me to and my dad is pretty physical. we have whiteness. For that he abuses alcohol he has also beat my biological and his... Read more »
answered on Mar 7, 2023
Your grandparents need to retain a lawyer and file for custody,
Cps has made several allegations, they only have endangering my kids, which i habe proof that it was not the case, they also acused.me of doing drugs, which i have a prescription for the drug that showed up in the result. "Their allegation is that I was a drug and not a prescription. Now that... Read more »
answered on Feb 28, 2023
Any time CPS initiates an investigation of you or your spouse, I strongly recommend you and your spouse retaining separate attorneys to represent each of you.
When choosing as attorney, you need to focus on family law attorneys in or near your county with prior recent experience handling... Read more »
my daughters no longer want to live their mom but they aren't 12 yet. I have had cps called on their mom a couple of times already and the first time they made her move from her apartment because it was filthy and had roaches everywhere. the second time they gave her time to clean the new place.
answered on Feb 27, 2023
Hire a lawyer to file a motion to modify you current order. If you do not have an order you can hire a lawyer to get an order for the kids to live with you.
My sister was attacked in a public space by her husband (in process for divorce) who is a trained MMA fighter. He broke her leg and left her in a parking lot. Details are currently being gathered but from what we know:
-bar was closed (2am)
-both were drinking
-husband... Read more »
answered on Mar 6, 2023
He should be charged with a felony and she should get a protective order
We have joint custody but I am primary custodian. Texas.
answered on Feb 22, 2023
Yes, unless your custody order precludes it and that would not be typical.
My kids are living with her parents 4 hours away from her residence. She visits them on the weekends. I could not have custody for because she wanted it. Now I find out this. What can I do? She should be watching the kids if that’s what she wanted. Now I’m being punished. I wanted my kids.
answered on Feb 20, 2023
File a motion to modify and ask for custody
My spouse left our home and went to a different country for business without discussing this with me. He comes back for a week or two every month, sometimes every other month. I want family counseling before a divorce happens. I also want custody of our children with scheduled visitation. No... Read more »
answered on Feb 21, 2023
No . It is valid. The date will be corrected
The grandmother has sold managing conservative ship by in the father have conservative rights. I believe this is what she is trying to do. I am not sure what my next step is supposed to be as she is, I’m assuming trying to give our child up to the state
answered on Feb 17, 2023
If your parental rights have not been terminated, you should file to have managing conservatorship of your child.
Consult an attorney with family law experience in your county. If CPS is involved, be sure to consult one with CPS experience as many family law attorneys do not often deal with CPS
My mother is my main guardian, and she put my dad onto child support. I am currently not attending school , and a soon to be full time worker? Would it be possible in Texas ?
answered on Feb 15, 2023
As long as both parents agree, yes it should be possible. I strongly recommend getting the agreement in writing in case either parent attempts to back out and enforce the terms of their current court order.
He's my step dad and it's his new wife but he died yesterday my mom has had my oldest daughter since September of 2022 because my step dad slapped her but my question is how do I go about my children being with my mom permanently where I originally asked for them to be
answered on Feb 11, 2023
If your parental rights have not been terminated, you can file a suit affecting the parent-child relationship requesting a change of custody and possession based on your step dad’s recent death.
The outcome will depend on the facts and circumstances of your particular situation.... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.