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Texas Child Custody Questions & Answers
2 Answers | Asked in Child Custody, Child Support, Tax Law and Family Law for Texas on
Q: Custody tax claim issue with ex in Texas; no child support due to 50/50 custody, and ex-wife claimed both kids against our verbal agreement. How do I resolve this?

I share 50/50 custody of 2 children with my ex-wife, with an alternating weeks schedule. We have no child support obligations due to the shared custody. Our court paperwork doesn't specify who can claim the children for income tax purposes. We verbally agreed that each of us would claim one... View More

Sharita Blacknall
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answered on Apr 1, 2025

I understand your frustration. It sounds like your verbal agreement with your ex-wife regarding claiming the children on taxes wasn’t honored, which can be incredibly frustrating.

Since your court order doesn’t specify who can claim the children, it’s best to consult with a tax...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How can a non-custodial parent in Texas give up parental rights without agreement from the custodial parent?

I am a non-custodial parent of a 10-year-old child and am considering giving up my parental rights because my work schedule prevents me from seeing the child. There is a court order in place, and the custodial parent is not in agreement with me giving up my rights. Additionally, I have requested a... View More

Sharita Blacknall
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answered on Mar 31, 2025

In Texas, a non-custodial parent cannot voluntarily terminate their parental rights solely due to personal reasons, such as a busy work schedule or financial obligations. Parental rights can only be terminated by a court order, typically when it is in the best interest of the child. This generally... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can I refuse daycare for children during non-custodial parent's summer possession?

I am the custodial parent, and the non-custodial parent cannot personally care for our children during their first summer possession. There is nothing specifically stated about daycare in our custody orders. I believe it's in the children's best interest to be with a parent, rather than... View More

Sharita Blacknall
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answered on Mar 31, 2025

The custodial parent usually can't refuse the non-custodial parent their court-ordered possession time, even if the non-custodial parent decides to use daycare during their time.

If the custody order doesn’t specifically address daycare or who gets to care for the kids during the...
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1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Texas on
Q: Why are people trying to serve papers at my door, possibly related to custody?

For the past year and a half, people have been coming to my door to serve papers, claiming to be looking for me. I have seen them on my Ring camera but haven't been able to answer. I have no ongoing legal issues and have received no written notices that could indicate what this is about. I... View More

Sharita Blacknall
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answered on Mar 31, 2025

The best way to find out what’s going on is to check with the clerk’s office in your county to see if there’s a lawsuit. Some counties have court records online, but if yours doesn’t, you’ll need to go in person.

Disclaimer: This response is for informational purposes only and...
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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: How can a minor in Texas seek full custody for their mother due to emotional abuse from their father?

I'm a 15-year-old in Texas dealing with emotional abuse from my dad, who has partial custody. I realized about 5 years ago how serious the situation was, and last summer, I was hospitalized following a suicide attempt partly due to his actions. My counselor, therapist, and mom all agree that... View More

John Michael Frick
John Michael Frick
answered on Mar 31, 2025

It depends entirely upon the particular behavior that you consider "emotional abuse." You should turn over all of the evidence you have to your mom's attorney, who is more familiar with the facts and circumstances of your particular case than any attorney in a Q&A forum online.... View More

0 Answers | Asked in Child Custody, Civil Litigation and Family Law for Texas on
Q: Help needed with forced custody agreement signing and upcoming court dates in Texas.

I need help with a temporary custody agreement that I was forced to sign without mutual consent. There were witnesses present at the time I signed the orders. I'm currently facing legal deadlines and some upcoming court dates related to this agreement. I have already sought legal advice, but... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Is it legal for a grandparent to email my child's teachers without including me in the communication?

I am the custodial parent with primary custody of my child under a standard possession order in Texas. My ex-mother-in-law is emailing my child's teachers but does not include me in those communications. Despite asking my ex-husband to have his mother include me, I have been told she is not... View More

John Michael Frick
John Michael Frick
answered on Mar 28, 2025

Yes, it is perfectly legal for your child's grandparent to email your child's teachers without including you on the emails.

It may, however, be illegal for your child's teachers to communicate certain types of personal and protected information about your child's...
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0 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Concern about child custody and support with child's father wanting to take child to Mexico.

I am no longer with my daughter's father, and I'm planning to file for child support next month. I am concerned because he wants to take our daughter to Mexico, and I don't trust him to bring her back. We do not have any formal custody agreements in place. How should I proceed to... View More

0 Answers | Asked in Child Custody, Landlord - Tenant and Family Law for Texas on
Q: Can my kids' father evict me and keep the kids if we have joint custody?

I live in Abilene, Texas, and share joint custody of my children with their father as per a court order. We are not married, but I've been living with him for a year and contribute to some bills and mortgage payments. He recently told me via text to find my own place. Can he legally kick me... View More

1 Answer | Asked in Child Custody and Child Support for Texas on
Q: Can I require ex to handle visitation transport if he stopped child support?

I have joint custody of my child, and I am the primary custodial parent. My child's father has stopped paying child support, and he currently owes over $9,000. According to the court orders, I am responsible for driving 1.5 hours to drop off and pick up my child for his visitation weekends.... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2025

You can file a motion to modify the transportation provisions of your custody order.

1 Answer | Asked in Child Support, Child Custody and Family Law for Texas on
Q: Default child support order and paternity uncertainty in Texas.

I was put on child support by default without being informed about any court proceedings, and I'm unsure if the child is biologically mine. How can I address this situation, contest the child support order, and request a paternity test?

John Michael Frick
John Michael Frick
answered on Mar 20, 2025

You need to challenge the court order entered without notice to you. The best method for such a challenge depends upon the procedural facts of your case. You need to consult an attorney experienced in both family law and appellate law as soon as possible because all of your available remedies... View More

0 Answers | Asked in Family Law and Child Custody for Texas on
Q: Can the father take the child away from the mother if the mothers getting threats

The mother of my child is getting threats, death threats because her husband drove drunk and kill someone now the husband in jail and people are threatening the mother of my child they know where she lives where her parents live and I don’t like that my sons in the middle of all that what if... View More

1 Answer | Asked in Divorce and Child Custody for Texas on
Q: Ex-husband made medical decisions without informing me despite 50/50 conservatorship and divorce terms.

My divorce was finalized in December 2023, and I was served with temporary orders in September 2024. Today, I discovered my ex-husband made medical decisions, specifically vaccinating our children, without informing me. We have 50/50 conservatorship, and the temporary orders state that the children... View More

John Michael Frick
John Michael Frick
answered on Mar 13, 2025

Ordinarily, during a parent’s time of possession, that parent can independently make medical decisions for the child which do not require invasive procedures like surgery. So either parent can consent for a child to vaccinations during that parent’s time of possession.

The exception is...
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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: Legal advice on obtaining full custody and protective order in TX.

I need legal advice on obtaining full custody of my 2-year-old child. My child's father, who is also my abuser, was released from jail after being convicted of misdemeanor indecent assault and has a prior felony aggravated assault charge against me. There is no custody order in place, and no... View More

Sharita Blacknall
Sharita Blacknall pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2025

I'm so sorry you're going through this. Your concerns for your child's safety are completely valid. In Texas, you can request a protective order for yourself and your child based on a history of family violence and the likelihood of future harm. Given his conviction for indecent... View More

2 Answers | Asked in Child Custody for Texas on
Q: Non-custodial parent rights during spring break in Texas

I'm trying to understand my rights as the non-custodial parent regarding spring break visitation. The custody agreement mentions specific terms for spring break, but I'm unclear about how the weekend visitation before spring break affects my rights. Could you explain my rights in this context?

John Michael Frick
John Michael Frick
answered on Mar 24, 2025

In the standard possession order, Spring Break begins on the day school is recessed for Spring Break and ends on the day school resumes after Spring Break. Commonly, school is recessed for Spring Break on a Friday at the end of the school day runs through the following week and then resumes on the... View More

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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: How can I maintain contact with my brother despite dad's restrictions?

I'm 16 years old and currently living with my mom and stepdad in Houston. My dad, who lives in Dubai, is preventing me from communicating with my 7-year-old brother, who lives in Portugal with my stepmom, because he believes I was involved in harassing my stepmom online. I want to wish my... View More

John Michael Frick
John Michael Frick
answered on Mar 5, 2025

You do not have legal recourse in this situation. As your parent, your father has the legal duty of care, control, protection, and reasonable discipline of you in the absence of a court order to the contrary. He also has the right to represent you in legal action and to take decisions of... View More

0 Answers | Asked in Child Custody and Family Law for Texas on
Q: How do I get legal custody of my sister in Texas?

I have been taking care of my 13-year-old sister since June 2023, after my mother left Texas. My sister attends the school where I teach, and my mother provides no support or communication about her well-being. My mother has a history of drug use and has lost custody of my siblings and me in the... View More

1 Answer | Asked in Criminal Law, Personal Injury, Child Custody and Domestic Violence for Texas on
Q: Legal actions involving past brain injury and child custody issues after 13 years.

In 2009, I was thrown out of a vehicle by my ex-husband, resulting in a brain hemorrhage. I survived but now suffer from mental issues and experience panic and anxiety attacks. There are medical records documenting the injury. I didn't pursue legal action against him at the time because he... View More

John Michael Frick
John Michael Frick
answered on Mar 3, 2025

It is unlikely that you can take any action against your ex-husband based on the 2009 incident now because of the statute of limitations, depending upon where that incident occurred and whether your injuries resulted in you being rendered "mentally incompetent."

You can take...
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1 Answer | Asked in Child Custody for Texas on
Q: Are family members entitled to father's visitation if he is in hiding?

My child's father, who is the non-custodial parent, has court-ordered standard visitation rights. However, he is currently in hiding due to felony warrants. His family insists they have the right to exercise his visitation schedule, but I am uncomfortable with this and haven't found any... View More

Raymond Chow
Raymond Chow
answered on Feb 27, 2025

Without a court order explicitly granting visitation rights to the family members, they are not automatically entitled to exercise his visitation times. In the absence of a modification request or a legal document that includes the family members, you are not obligated to allow them visitation,... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: How to file custody enforcement and modification from Florida?

I need assistance with filing for both custody enforcement and custody modification. The current custody order from 2018 includes vague terms with supervised visitation. Despite changes, where the father has unsupervised visits, the mother is now refusing any access. The father has tried to... View More

Raymond Chow
Raymond Chow
answered on Feb 28, 2025

The order shouldn't be vague unless you received only the ruling (1-3 pages on average), not the full final order (20-50 pages on average). Make sure you have the final order. If it's still vague, you may file your own modification suit (visitation) since you moved. It's probably... View More

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