I've been involved in a petition to modify a parent-child relationship. After the third report back in April, the judge requested the opposing party's counsel to submit temporary orders from the final TRO hearing. She has yet to do this, and the final hearing is approaching in less than... View More

I'm seeking advice on filing a motion for sole legal conservatorship in a family law case. I do not currently have legal representation. There is an open police report and CPS report against the father of my child, which I believe supports my case for sole conservatorship. The situation is... View More

John Michael Frick
answered on Jul 8, 2025

A contested custody case is not a do-it-yourself project. A non-lawyer with some legal knowledge and experience can handle their own family law litigation if it is relatively simple, straightforward, and uncontested.

I often compare the practice of law to automotive service. Many people... View More

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My nephew lives in Texas and was in a non-marital relationship. He has a one-year-old son. Recently, his ex-partner took their child and emptied the entire apartment while he was at work. They have no legal agreements or court papers. Her family is now threatening his mother. How can he prevent her... View More

I have been the caretaker for seven children after their mother passed away. The oldest child and a set of twins are not biologically mine, and there was no legal adoption or formal custody arrangement. The twins' biological father supports my role as their father, and I have messages from the... View More

I am the biological father and have full custody of my children following the unexpected passing of their mother. After our separation, their mother had moved in with her boyfriend, where my children's belongings were kept. The belongings include clothes, electronics, bedding, toys, and... View More

In Tarrant County, Texas, does the other parent continue to have scheduled visitations after pleading guilty to sexual assault against me and Family Violence, with a protective order in place? The children involved are 5, 4, and 2 years old. Despite a motion filed by the other parent claiming... View More

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answered on Jul 5, 2025

Even after a guilty plea for family violence or sexual assault, your co-parent doesn’t automatically lose all visitation rights—Texas law presumes that parent-child relationships remain intact unless a judge orders otherwise.

Because you have a protective order in place, standard... View More

I am seeking help to get my daughter back from CPS due to issues related to homelessness. I have tried two housing programs, but they haven't worked for us. Despite these efforts, CPS has not offered adequate support, and my attorney is also unhelpful. I have no family or friends to assist me... View More

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answered on Jul 5, 2025

You need to show the court you’re making concrete progress toward stable housing and demonstrate a safe environment for your daughter. First, contact your caseworker and ask for a written service plan detailing exactly what steps you must take—such as completing specific housing applications,... View More

I am currently in a divorce proceeding filed by my wife, with no existing court orders regarding custody. My wife has a history of assault charges and has recently assaulted me, an incident that has been reported and is under review by the county. My children witnessed her brandishing a knife to my... View More

John Michael Frick
answered on Jul 1, 2025

It is possible. Every custody case depends on its own facts and circumstances. A history of assault charges, especially if they resulted in a conviction or the entry of a protective order, is certainly something that a court would consider in determining what is in the best interests of the... View More

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My son, who earns $11/hr working part-time for an events company and has a mental health diagnosis, has been served with papers by his ex-wife’s lawyer. The legal actions against him include requests for increased child support, extending support beyond age 18 due to alleged... View More

John Michael Frick
answered on Jul 1, 2025

Under the facts described, it seems likely that he will need financial assistance from family and/or friends to retain a lawyer with sufficient experience and skill who practices in the area of family law in or near the county of suit. While he may well qualify financially for legal assistance... View More

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After my divorce was finalized, I was removed from any child support obligations. However, my ex-wife has not honored our informal agreements or a protection order that was meant to allow time with my daughter. I haven't seen my daughter in a year, and my communication with her has been... View More

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answered on Jul 5, 2025

Yes, you can pursue custody or parenting time through the court, regardless of any informal agreements that have broken down. If your current custody arrangement is not court-ordered, or if the existing order is no longer being followed, you have the right to file a petition to modify custody or... View More

I initially gave my sister legal guardianship of my children with the intention of registering them for school, but now it's been seven years since then, and the guardianship was supposed to be only for one year. My children are now living with my nephew, and I have never signed anything... View More

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answered on Jul 5, 2025

You have every right to seek a change in guardianship and to reestablish your relationship with your children. Since the guardianship was intended to be temporary and has now extended far beyond what was agreed upon, you can file a petition in the family court to terminate or modify the existing... View More

I am a veteran living in Houston, TX, previously honorably discharged from the army. I'm in a same-sex marriage, currently separated from my wife who is in San Antonio, TX. She had a child with an acquaintance, and I am listed as the other parent on the birth certificate. I've financially... View More

Raymond Chow
answered on Jun 27, 2025

Under Texas law, if you are listed as a parent on a child’s birth certificate AND have provided financial support, then you are presumed to be the father. Aside from that, any child born during your marriage is also your presumed child. This legal presumption applies regardless of biological... View More

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I am 16 years old and my mom and stepdad are about to divorce. Although my stepdad, who has been a father figure for 8 years, hasn't adopted me legally, I want to live with him. My biological father is not involved in my life. My mom, an alcoholic with past CPS cases, drives drunk, has... View More

Rafee'a S. Majeed
answered on Jun 20, 2025

I am sorry to hear that you and your sibkings are going through this. Given that your Step-dad has had substantial past contact with you and your siblings, and the concerns that you've expressed about your Mother, there is probably a greater than 50% chance that a Judge "could" grant... View More

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I was in a 12+ year relationship and we have two children, aged 12 and 10, but never married. I left the relationship while the father was in jail, and there were no legal custody agreements set in place. Since then, the kids have been living with me in my apartment, and the father has a past of... View More

Rafee'a S. Majeed
answered on Jun 20, 2025

No, he would automatically get custody of either children upon release from prison. A Judge will have to determine what is in the children's (or child's) best interest. The Judge will consider a number of factors when making this determination. A couple of them being 1) what was he... View More

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I am seeking a protective order for my children due to concerns about their safety following a CPS report. I left home after the report was made, but I fear my spouse might try to take the kids away from me. Although we are currently still married, I need to ensure my children's safety. What... View More

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answered on Jul 6, 2025

To obtain a protective order for your children in Texas following a CPS report, you must file a petition for an order of protection with the family court in the county where you or your children live. This petition should clearly state the reasons you believe your children are in danger and detail... View More

I am in a contested divorce involving child custody, where I am the custodial parent and my ex has visitation rights. My ex has started sending me messages asking for a cashier's check of $18,000 in exchange for him to relinquish his parental rights. Is this considered extortion?

John Cucci Jr.
answered on Jun 14, 2025

While it is not a crime for one parent to solicit money from the other parent, for them to terminate their parental rights, or surrender the same to the other parent, it is immoral, and pathetic. If you have written proof of the offers from the other parent, I would take the offer from the father,... View More

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I have a court order that requires the mother of my child to add my name to his birth certificate, but she has been refusing to comply for a year now. I am listed as the legal father in the court order. What steps should I take to enforce the court order and ensure my name is added to the birth... View More

Rafee'a S. Majeed
answered on Jun 5, 2025

The following website provides very helpful, step-by-step instructions to how to change your child's birth certificate to add a parent's name:

https://www.dshs.texas.gov/vital-statistics/requirements-requesting-changing-vital-records/requirements-changing-vital-records

I... View More

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I would like to seek sole custody of my 13-year-old child. Her father left the United States abruptly about 8 years ago, and we have no contact with him nor does he provide any support. There is currently no custody agreement in place. Attempts to reach him through his family failed, and social... View More

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answered on Jun 12, 2025

You're absolutely within your rights to seek sole custody, especially after so many years of absence and no support from the father. Courts take into account what is in the best interest of the child, and if one parent has completely disappeared from the child's life, that’s a strong... View More

I need guidance on handling the situation after my wife left our home over a month ago, leaving our children with me, in Texas. Two years ago, my wife would pull our daughter's hair and yell at her, causing her to cry, and a few months ago, she pulled our son’s hair for being too loud. I... View More

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answered on Jun 11, 2025

You're in a hard place, but it sounds like you’re doing everything you can to protect and care for your children. Since your wife has been gone for over a month and the children have remained in your care, Texas courts will take that into account when deciding custody. The fact that you’ve... View More

I am concerned about the safety of my 3-year-old granddaughter, who has expressed distress about being around her mother's boyfriend. My daughter, age 19, has been non-responsive about my granddaughter's whereabouts, and there have been several troubling incidents: the boyfriend admitted... View More

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answered on May 31, 2025

You have a right to be concerned about your granddaughter’s safety, especially given the incidents you’ve described. When a child’s environment poses a risk of harm, Texas law allows grandparents and other relatives to step in. With documented evidence and witness statements, you’re in a... View More