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Texas Child Custody Questions & Answers
0 Answers | Asked in Child Custody for Texas on
Q: Wife left with babies while at work. Just moved states. What can be done?

My nephew, his wife, and 2 babies moved from Arkansas to Texas 2 months ago. Wife left with babies while he was at work. She will not let him see or speak to the kids. He got a lawyer. They went to court today. She did not show up. The judge was highly irritated at his lawyer saying that he was... View More

0 Answers | Asked in Child Custody, Child Support and Family Law for Texas on
Q: Texas custody modification

My husband has 3 children. By court order ex has full custody and he gets them every other weekend and pays child support for all 3.

We found out from another source and by the children that the ex has moved out of parents home and into a new home with the two youngest (potentially with a... View More

0 Answers | Asked in Child Custody and Child Support for Texas on
Q: Texas. I have a court order stating I am the custodial parent. NCP has been past due child support for over 1 year.

The child is about to turn 18 in 2 months and has elected to stay with NCP for the summer. Recently, I received something from child support services that the child is living with the NCP and that the NCP has requested a change in child support for it to go to them. How likely is it that if the... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Litigation for Texas on
Q: Can I switch Jurisdiction to my County now, same State, at the time but now she moved out of State? (been a year)

Filed for visitation in my County but it got transferred to her County. During the process she moved out of State for no reason at all. I want my County to have Jurisdiction now. She has residence in the other state now.

John Michael Frick
John Michael Frick
answered on May 20, 2024

Jurisdiction and venue are established at the time a lawsuit is filed. The only way to make a change after a lawsuit has been filed is to dismiss the pending lawsuit and refile a new lawsuit in a court with jurisdiction and venue. In most "visitation" matters, the state and county with... View More

0 Answers | Asked in Child Custody for Texas on
Q: How long does a Temporary Custody Order last? What if the parties fail to fulfill some of the requirements?

My ex filed a (false) TRO against me, with no evidence and called CPS. She disappeared for two months, took the kids out of the school...this is after she had left us almost 4 years prior. We finally went to court and now we see the kids every other week, but she initially got to pick the school... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Divorce for Texas on
Q: Can I file for divorce on my own, if I'm asking for NO court ordered child support for a 4 year old?

Spouse is in Harris County, however I now preside in Travis County. I'm not seeking child support and don't want a legal battle.

John Michael Frick
John Michael Frick
answered on May 13, 2024

Legally, an individual is allowed to represent herself (or himself) in court in Texas. It doesn't matter whether you are asking for court ordered child support or not.

Legally an individual can rebuild the transmission of her own car.

You have to ask yourself if you have the...
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0 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: Do you have to explain why you can’t choose a court date on the opposite party’s terms?

I was given 5 dates to choose from. I chose the latest date. They come back and said that wouldn’t work after offering me the certain dates and said that they had already set a date. Is this alright to do? And do I have to tell them where I will be instead of I have prior engagements?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: if i got divorce in 2022 can I revoke my divorce my previews attorney say i couldn't get alimony was married 11 yrs

if i got divorce in 2022 can I revoke my divorce my previews attorney say i couldn't get alimony was married 11 yrs with 2 kids now im trying to enforcement.. but just asking can i revoke divorce he makes twice more in his income

John Michael Frick
John Michael Frick
answered on May 7, 2024

No, you cannot revoke a divorce. If you were unaware of the previous divorce proceeding and did not receive notice as a result of some fraud or deception by your ex-husband, you could possibly file a bill of review.

Disparity in income standing alone is not a sufficient basis for an award...
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1 Answer | Asked in Child Custody and Child Support for Texas on
Q: Hello! I am wondering if there is a way to sue a non custodial parent for back child support?

My NCP has been working under the table for a year, and has not been submitting child support payments, nor been in contact with me. I do know where he is working, however the owner of the company is also his friend, and is most likely paying him in cash or personal checks.

John Michael Frick
John Michael Frick
answered on May 6, 2024

Yes. If your NCP has been ordered to pay child support, you can file an action with the OAG to enforce his child support obligation.

0 Answers | Asked in Family Law and Child Custody for Texas on
Q: How can I get legal guardianship of my grandson?

My grandson has been staying with me since he was 6 months old. I currently have temporary guardianship, but I am seeking full guardianship. Both of his parents are in legal trouble and are facing jail time. His mother gave him to my son back in 2022, and he stayed with my son from March 2022... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Living restrictions through custody agreement

Eight years ago, my ex-husband allowed me to move outside of the living restrictions. I am now getting ready to move again, but it’s in a different county also outside of the living restrictions. Can he come after me or are those living restrictions now voided since he allowed me to verbally move... View More

John Michael Frick
John Michael Frick
answered on May 6, 2024

The geographical area restrictions in a custody agreement are typically incorporated into a custody order. Modifying the custody order requires another order of the court. A verbal agreement between the parents is usually not enforceable but, as long as he doesn't file anything with the... View More

0 Answers | Asked in Child Custody for Texas on
Q: Me and my Ex-husband have a custody agreement and that custody agreement. There are living restrictions eight years ago

Eight years ago he allowed me to move outside of those living restrictions now I’m moving to a different county, which is also outside of those living restrictions. Can he come after me or are those living restrictions voided since he allowed me to leave in the first place?

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Texas on
Q: My wife and I justwent through an awful cps case and the court lacked jurisdiction and they proceeded as though they had

There was another court that had ccej and they were aware and denied us a dismissal.

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

If the court truly lack jurisdiction and you timely complained but the court denied your request for relief, you should timely file an appeal from its ruling.

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Texas on
Q: Do I have to file from Texas?

I finally got an address for the dad that’s been absent for a year can I file in his state or is it better to file in Texas? If so what do I file to keep my child and I safe from domestic violence on my end.

John Michael Frick
John Michael Frick
answered on Apr 30, 2024

Under the Uniform Child Custody Jurisdiction Act, the state which is the "home state" of the child has jurisdiction over any court proceeding to establish paternity or conservatorship and possession of the child. A child's "home state" is the state where the child has... View More

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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Do I get my kids for the last weekend in May after school ends?

My papers say that I get my kids the 1st, 3rd, and 5th Friday of every month. My summer possession are as follows I get two weeks in June and two weeks in July. The papers also state that I get them in the summer for my regularly weekend visits, but that is not what I was told when they where... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

First and most importantly, your summer possession schedule is determined by exactly what your possession order says.

Normally, under the standard possession schedule in Texas, you get your weekDAY (typically Thursday) period of possession only during the school year, but you get your...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What do we need to do if we feel the custodial parent household is not safe for children.

We have been having difficulty with the custodial household. We have had instances where the child has been neglected in hygine, health, and possible excessive punishments for small things. We have had to get in touch with cps several times and nothing is being done.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

You need to hire an attorney with experience in family law to file a Motion to Modify in Suit Affecting the Parent-Child Relationship and ask for temporary orders. I strongly recommend that you stop communicating with CPS unless one of your children suffers a serious bodily injury or medical... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Texas on
Q: Personally haven’t been getting help from the other parent.

Can I ask the court for physical and legal custody if the other parents hasn’t tried to even go to court for our child, it’s been about a year. I’ve been asking for a divorce but they’re just clinging on and telling me to wait.

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

If you are still married to the other parent, you will need to file a petition for divorce and include a request to be appointed sole managing conservator in the divorce pleadings.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Texas on
Q: my child’s father won’t sign our custody order after we have been to court and it’s been finalized.

hi my child father and I settled a custody agreement on December 1 of 2023. I I have signed my portion of the custody agreement, but he has not even though child support was supposed to go into effect on January 1, 2024. What will happen to him if he does not sign

John Michael Frick
John Michael Frick
answered on Apr 12, 2024

It depends on whether the "agreement" arises out of mediation and is commemorated in a signed mediation settlement agreement or whether it was announced in open court and expressly irrevocable.

In many cases involving child custody, agreements reached between the parties are...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: In Texas, if I'm paying child support am I also responsible for paying for child care?

I'm currently paying child support as a non-custodial parent however, the mother of my children's grandmother also receives $500 a month for "child care". I'm also currently having to go to the custodial parent's home in order to spend time with our children because... View More

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

You are only responsible for child care if you have a contractual arrangement with the child care provider to pay that provider or a court order that orders you to pay child care in addition to child support. Unless the court order specifies that you are only allowed to spend time with your... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: What does “order to come” mean after a party doesn’t show up to court for a motion to enter hearing in family court.

The motion to enter was a final order that was agreed to in court on record and approved by judge. We just needed judge,plaintiff and defendant to sign but defendant didn’t show.

John Michael Frick
John Michael Frick
answered on Apr 11, 2024

"Order to come" is not a technical legal term with a defined meaning, so that phrase should be given its ordinary and customary meaning in the context in which it is being used.

There is a legal document called an "Order to Appear" which is commonly used to compel a...
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