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Texas Child Custody Questions & Answers
0 Answers | Asked in Child Custody for Texas on
Q: What are my options as a grandmother seeking custody of grandaughters?

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 »

1 Answer | Asked in Appeals / Appellate Law, Family Law, Child Custody and Child Support for Texas on
Q: What motion do I file next? Can I stop the appeal to avoid trial?

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Child Custody for Texas on
Q: I have a final court order in place for child. The opposite party is now asking for jury trial because they lost.

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 »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
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

1 Answer | Asked in Adoption, Child Custody and Family Law for Texas on
Q: What action do I take to file for non parent custody in Texas since my granddaughter has been with me since birth?

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

Sharita Blacknall
Sharita Blacknall
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.

1 Answer | Asked in Adoption, Child Custody, Family Law and Tax Law for Texas on
Q: Are there grandparent rights in Texas? If not what could I do to get custody of my granddaughter?

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 »

Sharita Blacknall
Sharita Blacknall
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.

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: Does spring break visitation end on Sunday at 6pm if there is a teacher work day the following Monday?

(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 »

Rafee'a S. Majeed
Rafee'a S. Majeed
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 »

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3 Answers | Asked in Family Law and Child Custody for Texas on
Q: In the summer schedule for less than 100 miles it states 30 consecutive days or two separate periods .

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 »

Rafee'a S. Majeed
Rafee'a S. Majeed
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 »

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0 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Hello, I would like some help filing for dismissal of my case.

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.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: How do I file vexatious litigant against my ex wife

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.

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Child Custody Modification - Can I get full custody?

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 »

John Michael Frick
John Michael Frick
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 »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: can me and my brother move with my grandparents when my dad is unstable?

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 »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 7, 2023

Your grandparents need to retain a lawyer and file for custody,

2 Answers | Asked in Family Law, Child Custody, Civil Rights and Constitutional Law for Texas on
Q: How can i fight false allegations from cps

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 »

John Michael Frick
John Michael Frick
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 »

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2 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: what can i do if my kids no longer wants to live with their mother.

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.

Sharita Blacknall
Sharita Blacknall
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.

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1 Answer | Asked in Criminal Law, Child Custody and Domestic Violence for Texas on
Q: What can happen in Texas to a man who is an MMA fighter and assaults his wife using a "trained move" and breaks her leg?

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 »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 6, 2023

He should be charged with a felony and she should get a protective order

1 Answer | Asked in Child Custody for Texas on
Q: Can one parent post videos on social media with our son for the purpose of making money, selling a product or service.

We have joint custody but I am primary custodian. Texas.

John Michael Frick
John Michael Frick
answered on Feb 22, 2023

Yes, unless your custody order precludes it and that would not be typical.

1 Answer | Asked in Child Custody for Texas on
Q: I am divorced and my ex wife has primary custodianship. I moved out of state and she has the children living elsewhere.

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.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Feb 20, 2023

File a motion to modify and ask for custody

1 Answer | Asked in Divorce and Child Custody for Texas on
Q: I’ve been served with divorce paper. Our child’s birthdate is incorrect on the paper. Does this void the citatation?

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 »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Feb 21, 2023

No . It is valid. The date will be corrected

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What does first amended Application for Placement mean and as the person who has conservator right ,what is my next step

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

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Would it be possible for a full time worker who is about to turn 17, to move in with their dad?

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 ?

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: my step dad & his new wife were named as nonparent joint permanent managing conservators & he died does she get my kids

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

John Michael Frick
John Michael Frick
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 »

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