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Texas Child Custody Questions & Answers
0 Answers | Asked in Child Custody for Texas on
Q: Non-cust parent refuses to keep the kids overnight, even though he has standard visitation.. what are my legal options?

The NC parent claims he became homeless, so he stopped keeping our kids overnight during his weekend visits. He picks them up in the morning, then brings them back the same evening. This has been going on for 6 months. I'm not sure that I believe he's homeless, because he steadily works... View More

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: Why didn't I recieve my divorce court date letter in the mail or through any other way such as via e mail?

I was able to get served with the divorce papers at my parents house, but I wasn't able to recieve a letter stating my divorce court date?

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

The letter stating your court date should have been sent to the address in your written answer that you filed with the court. If you did not file a written answer with the court, you waived your right to notice of your court date.

1 Answer | Asked in Child Custody for Texas on
Q: The NC parent refuses to keep the kids overnight, even though he has standard visitation.. what are my legal options?

The NC parent claims he became homeless, so he stopped keeping our kids overnight during his weekend visits. He picks them up in the morning, then brings them back the same evening. This has been going on for 6 months. I'm not sure that I believe he's homeless, because he steadily works... View More

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

You can file a motion to modify with the court. Most likely the best solution under your circumstances is to modify both the possession schedule and the amount of child support in an attempt to get more child support to pay someone to watch your kids during "his weekends" so you can... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: My daughter's father won't let me have her and every attempt he avoids the custody agreement. Motion filed against him

FIled motion for a hearing and his hired attorney trying to get transferred and delay everything from not agreeing on dates available in my county

John Michael Frick
John Michael Frick
answered on Nov 18, 2024

Talk to your attorney about whether you filed in the correct county. Normally, if the child resided in the county where you filed for the preceding 90-days, you filed in the correct county. Otherwise, a transfer to that county would seem to be the correct procedure. If a transfer is appropriate,... View More

1 Answer | Asked in Child Custody for Texas on
Q: My lawyer withheld information to get me to agree to something before a judge. Is that legal?

I’m in a child custody case for my two year old. I asked her father get supervised visits if he failed a hair analysis for meth- given I provide one also. He told me the day after court he openly admitted to not being able to pass one. Now he is getting EXTENDED standard custody and I am... View More

John Michael Frick
John Michael Frick
answered on Nov 15, 2024

A lawyer has a fiduciary duty of full disclosure to his client. The failure to disclose material information would be a breach of that duty. But there is a question what information he withheld and whether the withholding of that information caused you any damages.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can I go live with my dad if I am 16 years old but my mom doesn't want to let me go live with him?

I am originally from Honduras, I lived with my mother until I was 7 years old, she came to the United States and left me living with my grandmother, 2 years later my grandmother died and I went to live with my father but that was only for a year because my mother did not want me to live with him,... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 12, 2024

If there is a court order you have to live where we the order states. If no court order you can l

0 Answers | Asked in Family Law, Child Custody, Child Support and Civil Rights for Texas on
Q: my spouse in which I’m divorcing has committed defamation and slander and perjury and under oath

I am in the end of my divorce and child custody case. my spouse has committed perjury by informing the judge of false accusations regarding myself trying to commit suicide. He committed perjury by advising the judge that he has ever taken care of the children. At any time he committed perjury by... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: JMC custody agreement, I'm the CP. The NCP has been homeless for 6 mo. Is this grounds to remove my living restriction?

We have a joint-managing custody agreement, where I'm the custodial parent. The other parent has been homeless the last 6 months. Would their circumstances help me to modify or remove my geographical restriction?

Edit: My geographical restriction is within a certain amount of miles... View More

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

I don't see a connection between the non-custodial parent being homeless and the geographical restriction.

0 Answers | Asked in Child Custody for Texas on
Q: What motion do i file now that ive completed what the judge asked for a custody case in dallas tx to have a hearing set?

Judge said there would not be any hearing u til I've completed and turned in certificates and I have so I need to have a hearing set what would I file

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: How can I get visitation and my rights to my children back after a Protection order was filed against me more than 2 yrs

Protection order was filed in 2020, I was incarcerated at the time of the hearing, the allegations were not accurate nor was I ever convicted of anything in that nature. And I have not been able to see or speak or know anything about my children since 2021.

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

You can file a motion to modify in suit affecting the parent-child relationship. If the protective order is still in force and effect (they typically only last two years), you would also want to modify the protective order if it limits your access to your children.

You will want to present...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Texas on
Q: the final order in suit to modify parent child relationship the section of the possession order the name is wrong

Does that bind the court order? Or must it be corrected

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

It should be corrected. This may be require an order nunc pro tunc. The attorney who assisted you with the original order ought to be able to help you correct that fairly quickly.

0 Answers | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I want to move to my mom's house but they have 30% custody and the one I'm at has 70% and says I can't. Can I? Im 13+

So I've been wanting to move back to my mom's because before whenever I Moved over here I was angry and now I want to go back but the other guardian says I can't. I want to move back and I don't know what to do.

0 Answers | Asked in Family Law and Child Custody for Texas on
Q: I have a close friend that has passed away and before she passed she gave her two grandchildren away

The daughter desperately wants them back in her life what can she do

1 Answer | Asked in Appeals / Appellate Law, Adoption, Child Custody and Civil Litigation for Texas on
Q: I asked to appeal the trial courts order and my lawyer said no what do I do?

He missed the deadline to file the appeal and will not contact me giving me any further information or case records I do not have a final order and the case has already went to appeals on the mothers request what do I tell the appeal court my attorney list the wrong contact information and I have... View More

John Michael Frick
John Michael Frick
answered on Oct 31, 2024

Not all lawyers handle appeals. You need to contact an attorney who practices in the area of civil appellate law and bring them a copy of the trial court order you want to appeal. There is a time limit from when the order was signed for you to appeal, so acting promptly is strongly recommended.... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: I have an Uncontested hearing for “Statement of Inability to Afford Payment of Court Costs”

I need help, I have no clue what to bring they just said I have this hearing. My child has Medicaid but I never knew he had Medicaid until after I filed for the divorce. What do I bring?

John Michael Frick
John Michael Frick
answered on Oct 25, 2024

You should bring documentary proof that your child receives Medicaid benefits. If you or your child receive any other needs-tested government benefits, bring documentary proof.

If not, it may be useful to bring your most recent tax return, paycheck stubs, and bank account statements if...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: hello if someone put the wrong address for themselves on paperwork they filed against you what will happen in court
John Michael Frick
John Michael Frick
answered on Oct 25, 2024

Notices to them likely will be sent to the wrong address they gave.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I would like to know what a judge can to do if my ex-husband has gone against court order and withheld my daughter.

I have custody he has withheld her for 80 days

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 9, 2024

You need to get a lawyer and file a writ, If you do not do something fast he will argue that you voluntary let hm have the child.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: I am wanting to know what will happen to my ex husband after withholding our 15 year old daughter from me for 80 days

I have custody of my daughter; she is 15 and "wanted" to live with her dad. They drink alcohol and smoke weed and he encourages a very inappropriate lifestyle for her. She has missed more than 8 days of school already. She won't talk to me now. I want to ensure a judge will hold him accountable.

John Michael Frick
John Michael Frick
answered on Oct 22, 2024

Assuming that you did not agree to allow your daughter to live with her dad and have filed a motion to enforce your custody rights, it is likely that the judge will hold your ex-husband accountable and grant your motion to enforce.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Legal Malpractice for Texas on
Q: Can DFPS case be dismissed with evidence of perjury and breaking procedure?

Every single paper CPS filled out is either incomplete or incorrect. Especially the affidavit. They didn't notify me of the case until day 3 after talking to my kids. I was in hospital. He lied on reason to remove, phone bill proves it. He lied on my statement with the CPI from the city where... View More

Carmen Rosita Rojo
Carmen Rosita Rojo
answered on Oct 15, 2024

You need to consult and possibly retain a private attorney if you are having problems communicating with the court-appointed attorney and not getting your questions answered.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Texas on
Q: What are my Mom's rights when CPS took my kids from her?

I was getting mental health treatment and we agreed in text the kids would stay with my mom. Didn't hear anything new from CPS until 2 weeks later he showed up with 4 deputies and took them from her. They were living with her for the summer.. they gave them to the dad while also suing him for... View More

James L. Arrasmith
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answered on Oct 12, 2024

I'm really sorry you're going through this difficult situation. Your mom has rights under the law, including the right to be informed about CPS actions and to participate in any hearings regarding the custody of your children. It's important to ensure that all communication and... View More

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